Show I I A MISSING WITNESS j Martha Priest Eardley Skips a Two I Hundred Dollar Bond and Boards aU G Train More Witnesses With Convenient Memories The Sons Memory I Fails Him Thomas P II Morton Pleads Guilty to a OneCount IndictmentHe Will he Sentenced Oct 1st Of the three cases set for trial in the First District Court today that against Thomas F H Morton charged in a one count indictment with unlawful cohabitation cohabi-tation was the first called The defendant was arraigned and entered a plea guilty and at his request the Court set October 1st as the date of sentence The second case called was that against I JAMES EARDLEY Who was arraigned on a onecount unlawful un-lawful cohabitation indictment and I entered a plea of not guilty The indictment indict-ment charges him with living with Zur biah Eardley and Martha Priest Eardley between the first day of November 1882 and the first day of April 1884 The witnesses were called and it was found that two of them Martha Priest Eardley the second wife and John Eardley were absent Mr Dickson stated that the witness Martha Priest Eardley was under 200 bonds to appear and he asked that she be called Her name was called three times and as she failed to answer the bond was declared forfeited A jury was then called and after Thomas Davis J M Harvey and Joseph Foreman were challenged the following jurors were passed and sworn Boman Cannon William MoCrea R W Crane Wells Clark Edward Berry Frank McLaughlin Joseph Foster Charles Shields George Shell J B Wilson 11 P Martin S C Pancake The prosecution then began the examination exam-ination of witnesses calling first JAMES W EARDLY Who testified as follows I am a son of the defendant am a son of Zurbiah Eardley she lived at 631 Main street during the time mentioned in the indictment indict-ment my mother has seven children living think Ive heard father speak of his marriage to my mother visited my fathers house quite often during the time mentioned in the indictment met father there saw him there at meals know Martha Priest during the time in question ques-tion she lived about a block from my mother she has three or four children the youngest is about five years old it was probably six months ago when I saw this child last have seen these children in the store do not remember ever having seen the children in my fathers presence have never seen my father there the last time I was there was less than three years ago never went there at the request of my father Marthas children bear the family name of Eardley up to the time I left my mothers house father lived there all the time never heard my father speak of Martha as his wife dont know whether or not she paid for the goods she got at my mothers store have never heard Martha spoken of as Mrs I Eardley remember seeing Martha atm at-m mothers house one time three or four years ago when my father was also present Mr DicEsdn Do you mean to say that Martha was not recognized in your family as your fathers wife Witness We never talk about the matter Mr DicksonI did not ask whether you talk about it You never talk about the fact of your mothers marriage to your father but isnt it understood that she is your fathers wife This question was objected to by Mr Rawlins who claimed that it was incompetent incom-petent and irrelevant The Court said that the witness could state whether or not the woman was recognized rec-ognized aa his fathers wife Mr DicksonDo you recognize Johnny Eardley as your halfbrother Objected to by defense Objection sustained sus-tained Mr DIs Johnny Eardley your half brother Witness dont know Mr DIs James Eardleyyour father Witness Yes Mr DHow do you know Witness concluded that he merely thought so and continued to say I dont know that Martha is reputed re-puted to be my fathers wife I might have stated before the Grand Jury that it was generally understood that those children were my fathers I am under the impression that some people think they are To the DefenseThe time I spoke of having seen my father and Martha together to-gether at my mothers house was before November 1882 Dedirect to prosecutionMartha is known as Martha Eardley if I heard anyone any-one speak of Martha Eardley I would understand that they meant this Martha Priest dont recollect ever having heard her called Martha Eardley Martha lived i in my mothers house about twelve or fourteen years ago j she had no children then Martha ate at the table with the family she was then in the capacity of a servant girl j she was paid wages dont know who paid her heard my mother iayjthat she was coming there as a Bervarftlgtrl l dont know that mjfth r has lived in that housewitfessMSUm daring the time mentioned Excused MARY E EARDLEY Was the next witness She said My mothers name is Zurbiah Eardley my I fathers name is James Eardley know Martha Eardley last saw her six or seven months ago know her children have seen them at our house dont remember having seen them at the house or store when my father was present during the time mentioned in the indictment my father had no business and he was around i tne house most 01 the time never saw him there at the same time as the chil dren were no one has told me how to testify here have waited upon Martha in the store the goods are charged to her she never came to our house during the time mentioned in the indictment my father went on a mission before I was called before the Grand Jury it was about a year before Martha called at our house while father was on a mission have never heard my father speak of Martha have not heard my mother speak of Martha as my fathers wife the question of her relation to my father has never been mentioned dont know that Marthas children are related to me they are treated as relatives dont know what kind of relatives they are treated as because I never ask any questions Mr DicksonArent these children of Marthas treated by you and your sisters as brothers and sisters WitnessI think they are but I dont i know why Mr DIsnt Martha reputed to be your fathers wife Witness I suppose so I have heard I her called Martha Eardley Excused I ANNIE EARDLEY Was next called and sworn I am a o E I daughter of James and Zurbiah Eardley have known Martha ever since I can remember re-member have seen her frequently at the store ever since I can remember my father was not often in the store lie was generally around cleaning up the yard Marthas children are treated like any other children Excused ZUH lAU EARDLEY Was then called The lady asked if she were obliged to testify stating that she did not want to do so unless she were compelled to Mr Rawlins asked that the woman be excused from testifying on the ground that she was defendants first wife Mr Dickson stated that the matter had been fully argued before the court and decided He stated that he did not wish II to question witness as to any confidential conversation with her husband and the court decided that witness should answer Witness saidI know Martha Eardley have known her for about sixteen years she came to live at my house about sixteen years ago she came there as a servant girl I paid her wages she came to the house seeking seek-ing work she staved there some months had no fault to find with her my husband hus-band paid her no attention he never occupied her room she went to live about a block from where she now resides when she first left my house she paid her own rent at that house I went to that house once or twice a little boy was born to her in that house I was not there when he was born I never at any time saw my husband in that house during the time Martha lived in that house my husband lived with me day and night she has had five children the youngest is dead since she went to live where she lives now my husband has spent every night with me dont know whether or not these children are my husbands it is the understanding in our family that these children are my husbands have never heard Martha finnkpn of nq inv husbands wife she is recognized as his wife by the family dont know what the children call him have heard him speak to them dont know what he calls them they call him papa have seen Martha and my husband together since she went to live where she lives now Martha gets things at my stole she has paid for them at times but they were usually charged and never paid for Crossexamined by defense Have heard John speak to my husband as papa Excused Here the prosecution rested and the defense stated that they had no evidence to offer The time being up Mr Dickson stated that he would take until the afternoon session to decide whether or not to argue the case Court then adjourned until 2 p m NOT GUILTY At the opening of the afternoon session of court Mr Dickson said that there was no direct evidence to show cohabitation in the Eardley case during the time mentioned men-tioned in the indictment and he therefore there-fore asked that the jury be instructed to return a verdict of not guilty The Court instructed the jury to that effect and a verdict of not guilty was returned without the jurors leaving their seats I |