jury for her term the frinic of C I 1 oral abor pw triin or lie to bt the noveme r term of the first judicial district of utah territory opened at the federal court room in tills city yesterday at 10 am wilh judge II 11 V II enderson on the bench the selection of the grand jury was the most important feature of the days proceedings after a thorough examination the grand jary stood as follows W V fongo forman john KW land J frazier thomas V grant thomaa frailer aaron ie witt jena nilon john 8 stiller john slater le dark IS luford uy bee john T jUi erett orso Sua illi thomas C chamberlain after alie of tha erand jury judge llende reon d alven d the ol lowine charge to them of the ur yon have been irom the farat ja of chii territory to act as grand juror to enquire into of fences bangt lio laas of the united and alclo of the the Terni ory of utah the lawa of contres Co the federal laws provide that no pr ou cm be tried tor adv infamous crime until he has been presented a by grand jury and the kaaa of alie territory provida the baina thing in substance that no can be put upon trial f r an crime until be baa bean presented pres ened by a franl jury you will see at once that this being BO and you bein the constituted bady to inquire into these of fences both against tee laws of the united states an 1 of the territory that no person can be put upon trial in any infraction of alie law until he has axsen presented b the grand jory the courts of correi an administer the laws they cm try indictments after thay are presented legislatures can pro idro what are hut no person can be presented and tried until the grand jury ave first pro dented an ind consequently you eland in t e doorway of any no cai be commenced will bo at the mercy of the lawless element of the unless the frand jury performs its duty there in no higher judicial function in the of criminal law exercised by the of alie chaa that of a grand jury and that is particularly ao in the territories in tins territory when a grand jory is called in one 0 the states to investigate aliened ea against its laws it inquires into violations against the iava of the sate and only those when they are called in the united district or circuit courts they inquire only into crimes against the d tans leav inz the state to make inquiry aa to violations olat ions ot its own laws a grand jury as you are aa are in a dual capacity you are grand jurors ot tin united states and also of the territory of utah so that no crime either against the federal government or alie territory can be prosecuted until ou leave found an indictment you will bee at once from this mere statement ahe very important doty you are called upon to perform society of course could not exist unless the crici nal laws of abe country both feder and territorial or stac they n to be are in some way enforced crimea would go wholly unpunished unless the grand jury see fit t do its duty the law mates it the daty of the court in charging ahe grand jury who are emp aDelid 0 o call their attention to the different classes of crimes or to such aa i t is informed will come acturo you in your and I 1 ahall attempt to do that as far as I 1 am informed or of any crimes that may come before you and in tt place in relation to violations of the federal laws there is m force in tins territory a system of laa winch has been enacted by for abe suppression of they were enacted at ganoos bacs dacs and I 1 will call your attention to them in the order in which they have been enacted A statute was passed in which is corn known as ahn law which provides in the girat aa follows every person who has a husband or wife leinz who in a territory or other place over which the united states bae exclusive jurisdiction hereafter marries another whether married or sn anle le and any man who hereafter or on the danae marries more than one woman in a territory cr other place over yach alie united have exclusive jurisdiction is guilty of polygamy and shall be puni hd prouder in this settino setti oo that de binea tha cliine of polygamy and sn section 3 ol 01 the same act another is usually called unlawful cohabitation is benned denned as follows that it any male hermn in a tern tory or other place over which the uciles states hava exclusive jurisdiction hereafter cohabits with more than oce woman he eliell he guilty of a misdemeanor and it clieo diee on to the these wire paned in 1882 in 1887 con gave its attention to this bame and donned other crimes and in sec 3 at tha act known ai the edmomds tucker law it provides as ful lowB aliat whoever be punished by imprisonment in the penitentiary not exceeding three ears and aleu tle act is ommittee Ixil a married woman and a mill who is unmarried loli cartiea to anch act shall be delmei guily of adultery aad when such act is committed between a married man and ali is the man beall bo deemed guilty of it then alio ali o and defines the crime 0 incest but I 1 hive no information to any charges of that nature that will be up before ou it farther defined the crime of fornication ni as ollowa in bec 6 that if an unmarried man or woman commit fornication each if them shall be by imprisonment not ez feeding six months or by a ine not exceeding one hundred dollars therefore you tee that BO far ai I 1 have called your to statute that arnt M provided for and benned denned by the AO of and neit of adultery as provided tor and defined by the arct of 1887 and next fill cohabitation aich waa defined by the farat act and next turnice tion which was provided for and de fined in the ut of 1837 in investigating these charge and I 1 understand eliat charges of this kind will be brought bet re bedland be drand jory for investigation in alie first plaice you will determine whether the crime of polygamy has been committed within the statutory Eta penca of almit because that is the dearee of rime that ts provided far by tl ese statutes A ierson re arming a second time having a lawful apouse lien living and entering into such a marriage 03 would be legal if it a ere not for the fact that anch person was then married is guilty f polygamy po that in determining w healier the crime of polygamy has been committed vou will determine in the first place whether at the time the crime is al to have been the pirty danged dinged was then a married man pr voc nan whether they had a lawful brouce living and in determining that question quest ioa vuu may inquire into all the of the case it is not necessary that the brat marriage marri aee be established by eye witnesses it may be established by circumstantial evidence by the fact that the party before alie second marriage is claimed to have been entered into has been almot with another woman lint they have been entered into has been living with another woman eliat they have been living and wife in the hous liota as abr is usually conduit d and arranged that may lie tak n into account in determining lier the first marriage hail been elered into if you have da fd eliat ilia party was then you will RO to the question as to whether the second marriage has taken place As to the ir if the parties were living er as man and difo and re cruised para oilier there if no presumption that they were married because is entirely proper aad lanful and is no guilt attached to a proper and leal marriage consequently when two persona are faund livina together as ind and wife would be a aliat they were married and were living lio nestly together in that condition but when that is aad it is found that I 1 he party is living with another couert coue ot then the mar liae must be proved strictly that is the evidence anit be to satisfy of alie fact that the second marriage wa actually entered into and in determining whether aba second marriage was in fact entered into yva must remember hait pre boua to in this Tern tori there was U statute alit require any particular toroa of ceremony any ceremony by which any mm and woman aroid that they will frodi tuai time be husband anil w ifa followed by form a leal mar lage ni mailer the ceremony may be may agree beaw aea themselves agree that from that time they be husband aad wife and that followed by cohabitation a as husband and n lie llie fact of the marriage so that the first kiy bi ta in that way and the form of tte second may also es in that way it IB only cec ebsary tc elbow that the mccond marii anu is such a marriage as w ba legal acu ecu the parties f it were not for alie fat hat one of them was already maried another thing i the guilt coia in ae becard Is the substantive stan tive crima complained 0 it should be found thit that takes place within chite years before you present your indictment because alter that ime the government gove is precluded rom mailing any prosecution the statute of runs against it and it bar baksany sany prosecution so tha if you find that such a marriage has taken place it must have been cam bitted within three bears immediately your inquiry if you tand that a plural gamao at sometime been entered into but that a prosecution for polygamy is barred by the lapse of time you proceed to inquire whether any of the other crimes enumerated in these acts hao been I 1 all your attention to the next one in order of senous at least as they are enuine abed in the statutes and that if adultery it a man who lias entered a polygamous mar nage if he tj cohabit cj habit and lias gesual niah al wife that la adultery because the second marriage marri aee is knolly and absolutely illegal and they hae BO right to cohabit together to establish what the relations are it mua be elginn that he sexual act has actually taken place it must ba distinctly established it must be sufficiently clear to the of reasonable and just men judging fairly reasonably and that the sexual act has taken place between the carlies par lies and if that is shown then that is ent to an indictment and in determining that you must take into consideration all he of alie case and it is not if it is a charge of adultery to have some r er testify aiho was an ee witness to the act itself it id an act that is illy committed in and in de it you must take into consideration all the facts and carium atances it and whether the is arong enough to warrant a reu onabe and juat roan jad ag prudently fairly and charitably at the conclusion that htiu act liis actually taken place if so thea that ts adultery but if the not of strength to gairani alo pre of a charge for adultery adult Bry then you will consider whether the crime of unlawful cc has been committed any parties who live entered into polygamous marriage and continue to recognize that contract openly before the word getting an example of polygamy they aird guilty of unlawful cohabitation no nutter whether they luce sexual intercourse or not la other it ia not necessary in committing the arnce of unlawful cohabitation that the carlies actually cohabit sexually but if they hao entered into a polygamous marriage ears goue b e aid the polygamous marriage ia still recognized by them and it is in ahe community and they are living in ahe habit and repute of plural anar before the und they hen are guilty of unlawful cohabitation and an indictment indi clment should be returned against them for that crime ow obese are the three det trees of c ima connect with plural mar of couche alie crime of adultery is not confined to polygamous marriage relations it may be committed between persons who have never been in polygamy at all but 1 call attention to it as a part of the crimes that are defined in this statute AH to he arinio of fornication benned denned in this statute as I 1 have read I 1 think it needs no explanation it is illicit sexual antt btty aea unmarried carlies of eevea aud aliat is all there is ot it you simply determine it upon tin evidence in the cabe and you may do so by circuit Bt ancial evidence the same as the crime of adultery unlawful cohabits aloni aad all atler cricca it is rot necessary that you she ild hao eye to any of these crimes it is no that aparto committing lie crime b alieves he liaa a right to comat it it ia never any excuse for canne that a party believes and may conealy ho nealy believe tint he had n to commit the crime that it is a pin of the or doctrine or anything ol 01 that kind while it is true aliat aldays a guilty mind yet the only tiling that is eleary to convict a parson 0 crime is the mind or int antton to do the act is prohibited by the statute and it a person marries a second wife to take a second wife no matter how honestly lie may think that he is englif it ia a crime and bat ia no defence now gentlemen that class of crime will be bafaro you for investigation and others may be bedora you kinder the united states lans I 1 have no definite information upon that subject but if there are you may always tsa at liberty to come into court and ask tor instructions on any claar of crimea that are etc to you these are the class of charges under lie federal have knowledge of that will be brought before you for your in addition to that as I 1 lc before told are also to make inquiry as to violations of the territorial laws you are the grand jurors under the laws of the territory the same s you are under the law and it your duty to enforce those laws and alie criminal of the territory and of the united states arc given yon in charge tory u to investigate violations of them the statutes of the territory enacted for the government of alie people 0 he territory are just ai binding upon you and upon this court and upon the people of alie territory ai an act of congress they are equally binding the legislature of this tei antory has the right upon all rightful of leg maion to lay down cf conduct aln h must he followed by the citizens citi ens 0 thia territory and it makes no difference what the opinion of people may be as to a violation of them or as to whether they are ight or wrong it makes no difference that lor you or anybody else may think that any of statutes are against what we believe to ba good public policy it is alie duty of courts or jurors to enforce them we are charged with the duty of ing these laws just tle rame a vv e are 0 alie federal law 8 if they ae wrong they should be repealed but until aliey are repealed they are alie rule of conduct tor you and tor me and all citizens of this territory to follow and I 1 call your attention to some of the statutes of this territory which as I 1 understand will be brought before you for investigation T call i our attention to one upon the subject of gaming it is provided by the statute of this territory as follow s livery person w ho deals plays or carries on or causes to be opened or who either as owner or employee whether for hire or not any game of faro monte roulette rouge et noire rondo or any game cards dice or any other deuce for money checks credit or any other representative of value is guilty of a the next n chiun provides every who knowingly permits adv of the games mentioned in the preceding section toba played conduct edor dealt in any house owned or renta by lucli person in whole or in par Is e as provided in the preceding section and in relation to testimony upon una subject the further provides javery per POU duly summoned as a witness tor the prosecution had under aliis chapter nho neglects or refuses to attend as required is guilty of a no person rw ie competent as a witness is disqualified from testifying as ruih conci the off nee of gaming on the ground tha such te stimmy may criminate himself you see the effect of thit is hat it v be perfectly ight for you to caal in any persons whom you have reason to suppose haa participated in a gime of chance and compel them to testify to it alie statute expressly gives vou the right to compel them to testify although no person can be compelled to rn minate himself thit protection is found in the very next sentence that I 1 will read hut no prosecution can afterwards be had against him for any concerning