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Show ADULTERY OR MARRIAGE! The Salt Like correspondent of the Sacramento Union thus refers to the Hawkins adultery case: The proceedings commeDced against one Hhwkins, a polygamist, on the charge of adultery, have received considerable con-siderable prominence East and West. The idea seems to be that his first wile seeks a divorce from htm, and that if successful she will be the principal witness against him in testing test-ing this new plan of disposing of polygamy. This is an error. She can only be such witness as his wile, according ac-cording to the law of this Territory, which says: "No prosecution for adultery can be commenced but on the complaint of the husband or wife." Ho was divorced from her by the Probate Court, but that divorce is not hoid valid by the District Court. If tbe suit against him for adultery is successful, as it likely will be, she can obtain a divorce from him on that ground. But there is where casuists who aro opposed to polygamy see a difficulty in prosecuting such suits. If the charge of adultery adul-tery be sustained the charge of polygamy poly-gamy falls, for a man cannot commit adultery with his own wife. If she is not Bis wuu in uie eye ui uie law, sue can be only his mistress, and any anti-polygamy anti-polygamy act would be a dead letter. According to these casuists, a verdict of guilty of adultery in such a case would place tbe question of polygamy in the same position it would occupy in Ireland were a lloman Catholic clergyman cler-gyman to unite in marriage a Catholic and a Protestant; or in either England or Ireland were a marriage to ba celebrated cel-ebrated by an itinerant and not duly licensed preacher. In such a case it would not bo considered a marriage in law, nor could either of the parties be prosecuted for contracting another and legal marriage. The point is one which will be advocated be.ond a doubt; and when to it is added the fact that only a first wile can com- menoo such a auit or bo thoproactuliug witness in it. and that few first wives manifest such a disposition, this latest Dlan ibr settling the polygamy question ques-tion does not promise very flittering results. |