THE JOB PINGREE CASE REMARKS OF TILE tiie DEFENDANT AND COURT immediately PRIOR TO THE pronouncing pro nou xou OF JUDGMENT owing to the extraordinary interest attached to prosecutions under the edmund s law weare induced to publish lisha iisha a fuller account of the closing scene of the case of job pingree of ogden than has yet appeared in our columns A copious report is given in our esteemed and interesting resting the O ogden oden den herald to whom we are indented for the extracts following the defendant being hresc present mt in the court of tho first judicial judici al district to receive sentence under conviction for unlawful cohabitation on monday last he was asked by tile the court if ne he had anything to say why judgment should not be cc pronounced anres e ss he addre addressed sed the court as fol lows lows if mour your honor please three years ago last march this law called the edmunds law was passed I 1 married this lady with whom I 1 am uni accused of living in 1801 1891 and we lived together until the time of the passage of the edmunds bill at that time I 1 consulted with mr tanner a lawyer in this city in reference to the course I 1 should take so that I 1 should be justified and not be liable to prosecution under this law I 1 read in my dictionary that dwelling in the same country constitutes cohabitation but even if a man is separated from his wives the law presumes cohabitation with her the course I 1 have taken was recommended by mr tanner and he be informed me I 1 go and see the children as it was in my duty to educate them and care lor tor for them when they were b sick hick ck but that I 1 must discontinue making that my home accordingly on the last day of march 1882 being if I 1 recollect aright on a friday I 1 discontinued living with two women as my wives and since then I 1 have not been seen with them at the theatre riding out with them or going to meetings or parties or anything of this kind rno bno man can say I 1 have considered this woman as my wife e since that time or that I 1 have been seen geen with them ay as stated it was stated hy by one of my children that we have visited his bis house but we did not go or come away together it is true I 1 undertook at that time to live within the law and have kept it ever since accor according dink to my best understanding the charge Is preferred a against 1 1 dinst me by some sti Ati stranger anger whom 1 I have never seen before a and rid I 1 do not know that I 1 ever saw h him at previously but he was imported here I 1 presume by commissioner commiss miss loner ioner mckay lAcKay I 1 was brought up on this charge and convicted on a presumption and no doubt if I 1 had presumed to buy the gentlemen of the jury and promised them in a week or two or a month they would have taken my word it was supposed by many ganv 1 I would be acquitted and I 1 am half inclined to think th the prosecuting attorney thought I 1 would be acquitted I 1 do not know what your honors feelings M were about the case I 1 have on two different occasions been called upon to decide on real estate when the D and 11 G came in here these questions were before mormons cormons Mor mons and ganon non mormons cormons and I 1 endeavored in these cases to be fair and hope the gentlemen of the jui jul lury jury y have done the same to me it if they have not I 1 would just as soon be in m my position position as theirs there is another otter item my attorneys have asked to move for a new trial I 1 told them I 1 would not do it your honor has heard this case through and probably know as much about it as you would if it went 11 through trough another trial hence I 1 do not ask for far a new trial but submit to your honors disposition in regard to my case THE COURT the court would like to know what your course in the f future is to be in regard refard to the laws of this country yu have stated nothing on that subject and I 1 simply call your attention to it that if you desire to say anything about it you may MR MK Pix pis GREm GREE that is something I 1 know nothing at all about I 1 am now nw 47 years of age and what I 1 may do in the f future your honor elonor I 1 cannot say As soon as this law was passed I 1 endeavored deavo red to keep it and nave have kept it according to my in y best understanding ever since one thing I 1 do know there are plenty of men who would be willing wiffing to make abase a tase aase against me I 1 have been a law fable abid ing man all my life through I 1 have been dis franchised now more than two years I 1 have paid my taxes but cannot say who shall shail spend them and as far as a the future is concer concerned ed your honor I 1 cannot say what I 1 would do here vr mr ping ingree ree related an historical circumstance ex explain plain ingin a measure i his position your honor is to decide by bv my conduct in the past I 1 have kept this law to a fuller extent even than my attorney instructed me to do rue rne THE TUE COURT I 1 think you are in error in unc und regard that there alq ar people willing aua auel anxious to te convict you whether or no the lacis facts warrant vit tit it that is not nov the feeling fee lingI take it in this thia community I 1 know it is not the feet ing of the A american merli caa people or of the administration to have the law eli enforced P ii with any vindictive motive but in order to obtain obel obeA obedience tence lence to to the laws lanys of itle itie the cou country 1 of course cannot gee see why you feel that thai way you ila lla haa had a lair uni triai it you wills will review your trial in an unprejudiced manner you will recollect that you did not no t state to the jury what you stated to ane court you w will I 1 11 recollect that you bat dy b by w when your own children your own daughter said she did not know the age 1 of your daughter pearl you tell me you are a foli foil follower ower of the meek and lowly jesus it cannot be that your religion teaches you that you should allow your children to testify in the way yon did her own mother has told me since her mother who could not be produced at the tile trial that she could iad gad had she chosen to have done so testified as to there was not one word from yourself not one word as toj toz to your our havin having taken counsel you and aud a your counsel sat by and every little littie fact that was proven by the tha prosecution was only secured by creat great reat effort from your knowledge of men you must recognize that the testimony which was secured carries with it tar more weight wei wel ht than that of a voluntary nature th that at is the manner in which your case was presented to the jury they deliberated for over two hours bours before they returned a verdict they did it with feelings of sorrow you and I 1 know iome home of them personally we would trust them with some of our most sacred affairs affair s and I 1 believe their verdict was a conscientious ious oae one MR MB pingree in regard to this young ladys testimony I 1 was sorry toll to hear earit it but I 1 do not myself today know the ages of my children if I 1 had known the age of the child I 1 would have been willing to give the information where a man has two or three children they are in the habit of having birthday parties but where there are 17 children with 17 pairs of shoes to buy and clothing f for or them all to be obtained and I 1 have worked hard to obtain them consequently birthday parties were verbra very rare re the ages ot of these children were reported to me but I 1 never put them down I 1 do not recollect them all my attorneys desired I 1 should make a statement but I 1 told them I 1 was acquainted with those gentlemen the the fhe jury they kne knew v my course of life and if I 1 felt elt satisfied they would brim bring in a verdict of acquittal vat this point appropriate remarks were made by judge R K williams william and mr al kirkpatrick of counsel s for the def defense etise explanatory of the defendants fend ants position during the trial they also drew drevy attention to the unexceptionable character of mr pin arbe gr ee and his usefulness in the community by whom he was esteemed as an honorable and upright man of unquestioned integrity the object of these addresses was to obtain forthe for the defendant a suspension or at least a mitigation of sentence they were followed by the assistant district attorney THE co court urt ad addressing dressing mr ping plum pingree ree said the court has learned since your trial and the verdict of the jury that you are not without friends in this community A greater greaten pressure than you yon are aware or of has been brought upon the courtin court in your case the court has been appealed toon to an public grounds by gentiles aswell as well weli as by mormons cormons Mor mons to suspend sentence it has been told thatis that it is necessary that you remain here to perform your offic official ii duties in this city of ogden the court has studied that matter carefully and conscientiously but it has seemed to the court that is not a sufficient reason for a suspension of sentence because while the public may suffer it is an example to the public it is not more of af a cause for a suspension of sentence than the fact that your family needs you and that your family will suffer indeed the sufferings of your famil family y appeals to the i sympathies of the court more moore than the sufferings of this community they have made preparation they are not put out any more if you are taken from here by the hand of the law than if you were removed from here by the hand of god the court has been asked to allow you to remain during the months of july and august 11 but it has seemed to the court that under the present state of affairs when men of your faith stand here in defiance ot of the law claiming that they are richt justice must be served the people of this territory are violating in a 1 law aw and must be caused to feel that punishment unish ment will be meted so those thos i who offend and that there will be no hesitation in regard to it the court has considered the case and has gone over the evidence and the rulings so far as 1 could remember them have been considered I 1 have read and reread re read the charge to the jury because of your our high standing in the thie community I 1 have felt that your gour example is much greater it gives the court no more reason for a suspension of sentence sent seni ence in your case than it would in the case of a poor man who stood before this bar with no one to speak for forham him many have spoken for you the lady whom it was impossible to find durina durin I 1 the trial was visited by the court with the prosecuting at attorney torney lie ile has made diligent enquiry si since nce the trial to if possible make certain whether there was any mistake has with him visited your home conversed with that lady and with your daughter and has seen the child pearl I 1 say this to show you I 1 am mot inot passing sentence thoughtlessly I 1 taink pr bably you have punishment so tar as you are personally conet leed ined tl I 1 understand that your algon ol 15 oon Gon with your stasi sensitive sensitiva tive iia ila nature tuie tufe is we trying to you but while irle arle dil hii it say to ine tue have tried to i dve within the law lav I 1 roday today jo 0 daa day you cannot t tell teli will I 1 I 1 do I 1 IC wish mah you I 1 could kaye haye done it for this reasons it if I 1 could send forth today to day in this community mu ritty under suspension of sentence such a man as job pingree who by precept and example would show the law must be obeyed I 1 should send forth a missionary of the court I 1 an sorry to say I 1 cannot do it I 1 must consider nilder co the public for I 1 find those who violate this law justifying themselves urgings urging a violation of the enactments mentser ef the government claiming it is unconstitutional and setting leir their opinion and judgment of the law above that of the law lawmakers makers you have had a fair trial and you do not seek to move for a new to what I 1 ought to do is not an easy matter to determine these punishments are given yven simply to convince those who are convicted and those who learn of them that the law must be obeyed the sooner it is obeyed the sooner that era of peace will come winch your youn counse counsel I 1 referred to so eloquently ly I 1 must disperse from the minds of this people oue one idea and that th at is that this law is not to be enforced and that it may be disobeyed with impunity your government has tu to enforce that law would it not be better for you mr air pingree filigree to say as a loyal citi citizen zeb that you would go forth by precept and example and urge its obedience today JUDGE WILLI WILLIAMS AINIS it lies iu in this way helias he has been trying to obey the law and what he states is lie he does not know how the court will construe it in the future tin THE COURT curt I 1 have given him opportunity judge williams I 1 do not want him to do anything contrary to his feelings any more than I 1 wo would uld do anything contrary to mine JUDGE WILLII WILLIAMS nis ais well if he sas aas gas he will do a thing lie he will do it ile he is ili just that kind ot of a man TI THE IE COURT the sentence of the CO court U r t is mr hir pingree that you be confined in the penitentiary for a period of live months and that you pay a fine of M and stand committed until aunill such fine is paid