| Show ILLEGALLY imprisoned in 1889 mr reuben beiben gurr of richfield sevier county was sentenced by judge judd to imprisonment in the penitentiary for forone one year and to pay the costs of the prosecution or be committed till they were paid his offense was living with his plural wife which was made to be adultery he served the imprisonment portion of the sentence and was then detained thirty days and required to come before commissioner Commiss loLer IOLer greenman and take an oath that in his case was unauthorized zed the law does not permit the imposition of a line when imprisonment is inflicted this question was argued and settled in the case of alex brown who served his term for adultery and was detained bained by the united states marshal arthur brown was his attorney and a hearing was had before judge zane on 3 july uly 21 1888 judge zane held that the court was authorized to impose the costs though no flue fine could be entered but that the marshal could not imprison a man for nonpayment non payment of costs costa these could only be collected by a civil action mr gurr who is the wronged person in this case is a mormon and there area are a number of others of the same mine faith in the penitentiary under similar circumstances of course judge zanes zanea decision here cited makes the law clear but there seems to be an idea just now dow that the judges judged rulings can be passed over when mormons cormons Mor mons are the aggrieved parties but in this class of cases the facts can be brought before the chief justice and certainly should have been done so in respect to mr gurr when his illegal detention commenced to be carried out |
