Show sab 31 rv p APOSTLE P M LYMA ent to the pen for eighty five days AND TO PAY A FINE OF TWO HUNDRED DOLLARS mr peters labors hard with the court for a beaw sentence yesterday morning was the date set for passing sentence upon apostle F M lyman who had surrender ended himself nd plead guilty to the charge of unlawful cohabitation mr peters called the attention of the court to the fact that the defendant was in attendance mr movie please your Honor before you pass sentence upon mr lyman I 1 desire to call the courts attention to the fact that mr lyman upon learning was wanted bv the marshal surrendered himself and that in obtaining witnesses against him and otherwise the ament was put to no moro trouble than was indispensable he thereby incurred no further costs or difficulties than could be avoided I 1 desire also to say that this is mr clymans first off enso ho never having been charged with crime of any kind whatever before it appears to me that thia is a casa in which if the leniency of the court can be shown it should be called forth in his behalf mr peters I 1 do not desira that the court should bemi pled by the statement of counsel I 1 do not understand it is a fact that mr lyman when he first knew that an indictment was ou against him at once surrendered himself the records of this court show that this indictment was found some years ago the court the of june 1885 mr peters over three years ago and the fact is a warrant was issued for the defendant about the time the indictment was returned and the officers have been diligently seeking to find him since that time the fact is he has been in hiding until quite recently I 1 do not understand that he furnished the witnesses before the grand jury on which indictment was returned as they were regularly subpoenaed it is true that in december he did surrender and plead guilty and thereby avoided a trial but I 1 take it that that is the only mitigating circumstance in this case As to this being his first offense ofie nse I 1 think your honor will find by inquiry that the fact is some years ago he committed the offense of bigamy or polygamy that is now barred by the statute of limitation the court have you indicted him for it mr peters no because the case is barrod heis a man of intelligence aad stands high in the organization of which he is a member I 1 do not think that it is a case which calls for very much leniency mr moyle if th e court pleases I 1 do not understand that there was anything misleading about what I 1 have now stated I 1 stated as I 1 believe that upon learning that he was wanted mr lyman delivered himself up to the marshal during a great part of the time named since the finding of the indictment I 1 understand the gentlemen gentl emun has been out of the territory on proper business the court what is the expanse to the government in searching for him mr peters I 1 do not know what es pense the government was put to but the marshal has been put to considerable expense because he has been on the search for him for three years the court have you tiny idea what the expense has been mr peters no it is pretty hard to arrive at that when searching for mr lyman he was searching for others as well mr moyle tri tr i j was no special effort made to ob am mr lyman that I 1 am aware of they merely had the warrant ready to ser ve upon him if they ran across him but as to making any efforts I 1 do not think such is the case nor was any expense particularly incurred in obtaining him the warrant was merely on hand mr peters speaking for the marshal I 1 know there wa an effort to arrest the defendant and it was continued and has been for two years or more I 1 think the same effort was made by his predecessor mr ireland mr moyle I 1 understand the marshal has not bean to mr clymans residence at all and he had no notice of the fact that he was wanted I 1 think therefore this ought to be looked into the court that is a matter for yau to present if you choose to mr movie I 1 state that the marshal has never been to mr clymans house or where he was likely to be found mr peters probably he was never at his house because he could not find him there mr moyle the statement I 1 make is that mr lyman knew nothing about this until about the time he delivered himself up and that ho haa been away on legitimate business the court let him be arraigned apostalo at came forward the court you have pleaded guilty to an indictment found against you by the grand jury for the offense of unlawful cohabitation what have you to say why the sentence of the court should not be imposed upon you apostle lyman nothing your honor in addition to what has been said already the court in your case as in the cases of other men who stand where you now stand I 1 take into my consideration the fact that you have spared the court and the government th expense of a trial that you have surrendered yourself and thereby admitted the an prelacy nf the law which you are to bow to as well as other men his honor was proceeding to pass sentence when mr moyle interposed and eaid if the court pleases the marshal is now in the room I 1 have made inquiry of him and he says he did not make any special efforts to arrest mr lyman ahat he merely had the warrant with him and while searching for others if he had run acroca mr lyman he would certainly have arrested him that is all the court mr marshal are there any records to show that any special expense has been incurred by your pre ds cessor in office with regard to the indictment and sought for arrest of francis M lyman marshal dyer we have nothing except tho bench warrant the government has paid nothing nor have any special efforts been made that I 1 am aware of the court it was suggested sugg asted that some little amount has been spent mr peters what efforts have you made then to obtain his arrest since vou have been in office to the court 1 vant to show that he was in search of this man and could not find him the marshal yes sir that is true we went wherever we were likely to get any admission as to his whereabouts we looked for him as we do all we have warrants for mr peters and in that way you incurred expense the marshal yes sir whenever we were looking for him it would be an expense mr meyle did yon send out men to make special search for hima the marshal sly impression is that I 1 do not recall the time I 1 know we have been on the lookout for him all the time in the office the instructions always have been to the officers if they could find him to bring him we wore not able to find him i p j g the the sentence sea tence ia that you pay a fine nr and you b im in the ajr ei saty five days also that you pay whatever costs atie government may have been compelled to incur to brair about your apprehension there is quiric doubt whether there arc adv or not |