Show PERJURY TRIAL IN IDAHO I 1 alho following narration of the trial of mr david L evans a citizen of oneida county adatto is compiled from the salt lake erald ff which with commendable mm enterprise detailed a special correspondent to write up the paA particulars kulars idaho placed upon her statute booths books shat hat Is well known as the W imah th 11 this section of law was passed for the pur purpose tre 0 of f preventing members of the mormon church from voting at all elections held in the territory before any man could have his name entered upon the registration books prior to any election this oath compelled him to swear or affirm that he be was pot not a gember of any order organization or aa association so clation which te teaches acht advises counsels or enczur encourages ages its members devotees or any other person r 80 il to commit the crimes of t rig bigamy a M y or poly polygamy gainy or any other crime defined by law as a duty arising from membership in such order organization or association or which practices bigamy or polygamy or plural marriage as a doctrinal rite of such association ai 0 the members of the above church or organization declared declare that they no longer practice these so sor called crimes nor does the church teach advise counsel or encourage its members to do such things a large number of persons last october declared they did not noi belong to any such an organization and were placed upon the registration lists the rhe result was they were arrested for perjury and the first case was placed on trial at malad last tuesday morning we are enabled to give below the gist and most lWort important ant testimony which was offered at the trial wednesday and nearly the entire day of thursday was taken up in procuring a jury this matter was finally accomplished d at about 3 in the afternoon and after the examination of one or two witnesses court adjourned until friday morning following are the names of those who composed the jury john hurst james thomas E F munn John benjamin curtis C J godsman W A bennett 0 P andersen ell richards F 8 bailey W D evans james willis at the 0 opening of court on an frida friday morning judge berry announced announce that all was in reaf readiness finess to p proceed geerd with the case of david L evans vans indicted for perjury in that he swore he was not a member of the mormon church and in taking the electors oath registering and voting at the election held last fall li M EARL was tile the first witness called he testified that he was wa acting registrar of malad precinct on the day of october 1888 and the defendant took the electors oath and registered before the said registrar on that day B R H DAVIS was called on behalf of the prosecution he said he was somewhat acquainted with what is commonly known in this country as the mormon church he recognized the book in hand as a volume of the doctrine and covenants Covenant 13 certain parts of the book were asked to be introduced in evidence mr rawlins Baw lins on the part of the defendant objected to the admission of the evidence after considerable discussion the objection was overruled BISHOP GEORGE STUART I 1 am bishop 0 of malad the excommunication paper of 1 D L evans was in his handwriting the paper was presented to him on the evening of the of october 1888 there were a number of others presented tp 0 him anthe on the same day he attended a meeting on that day mr E evans v ans was then a member of the chu church reh he remembered that judge berry had rendered a decision he never said any i thiloh publicly or privately regarding the dutting cutting off of members he did not say that the mormons cormons would vote if he be was obliged to cut off every member in the church with the exception of himself and his two counselors coun selom there were between thirty and forty resignation papers presented to b himiob im an tho the there were four others presented to him about ten days before the witness fiess has been bishop about ten or twelve years he had accepted between fifteen and twenty resignations during that time prior to october 27 he could not remember more than two A W and one other the defendant was superintendent of the coop co op store on the cross examined defendant lp papers were the last presented to him on that day defendant has not affiliated as a member of the church since october 1888 he has not paid any tithing tit ning he had never held any office in the church had known the defendant about fifteen years defendant to 1 now edge of witness had never hald any office or belonged to the sevenths did not know that defendant held out any induce inducements indu cements mentA to have people vote prior to the election the president of the stake was the officer above the bishop of the church TheS the bishop ishop reported potted re to the higher authorities in writing twice a yeat year the tha report contains conta contained the he names of those excommunicated the clerk of the church now has bous the book containing them re ite direct ei examination asked as to whether lie he had bad the tithing records of his ward the bishop SAM said that he with him bim he closed hi tithing ng accounts anthe on the last of december the coop co op store did not pay any tithing D L evans did not pay any he paid tithing two years ago did not pay one cent last year the church owed the coop co op store between five and six hundred dollars L ii and C B R evans two brothers of the defendant pale paid their own tithing there was not a single man who withdrew from the church on the that has paid any tithing since not mie one jf af them has baa been recognized as a rd ernDer of the be church since thit that time B R 11 DAVIS was recalled to the best of his hia recollection bishop stuart overtook him on the street one sunday morning prior to the last day of registration tra tion bishop stuart told him they would get around that d n decision if they were compelled to cut of off every member odthe of the church except the bishop and his counselors 0 rs could not recall th the el day of month this conversation was had he would judge it to be about the of october it was moved that this evi evidence dence be struck out and a lengthy argument ensued on both sides for and a against ainest the admission of the same the e evidence was finally allowed to stand the court refusing to strike it out FRED E JONES clerk of the church I 1 know bishop stuart I 1 was present at the church when there was talk of cutting off members the bishop said they th ey would vote heard him say they would not lose any of their privileges cross examined he thought the meeting was after judge berrys barrys decision had been rendered A large number of resignation papers was here presented t the he prosecution endeavoring to prove that they were all written by the defendant D L evans henry R evans ex auditor and recorder testified that the writing very much resembled that of the defendant fen dant E W colton was called and said they were all written by himself the prosecution desired to put the papers pa rs in evidence they were all dated 14 the same day october 27 the last day of registration the papers I 1 were admitted in evidence but gu abw with alth the understanding dader standing that they were not written by thede the defendant fen dant B R T OWENS was sworn he was acquainted with what is commonly known in this aou country as tb the e mormon church he had been an evangelist or missionary of such church was acquaint ed with the doctrines and principles of said church the bible book of mormon and doctrine boc doctrine trine and covenants were works of such church DANIEL TOVEY county treasurer testified flea that he lived in malad had lived in this community about twenty years he had known the defendant for ten or twelve years he reputation re uta for truth and veracity of of mr evans the defendant to be good PETER FRIED BRICKSON have resided in malad nineteen tn years have known the defendant ever since I 1 know the reputation of defendant for truth and veracity to be good cross examined have never heard his reputation spoken ken of WM P JONES probate judge have lived in malad about twenty years I 1 know D L evans well know his reputation for truth and voracity vara city to be good cross examined yes have heard beard his reputation spoken of L M EARL lived in malad nearly two years prior bior to about four months ago knew K new D L evans during that time know his reputation for truth and veracity to be first class could trust and place confidence in anything he might say DAVID L EVANS the defendant was worn sworn he left the church on the of october 1888 had lived here thirteen or fourteen years was not recognized as a member of the church until a bout about four years ago he hail had never dever taken any active part in matters he acted according to his own feelings in leaving it was his intention and still is that he does not desire to be a member of the church he believed the action taken by himself on october completely severed his connection from the church he was not at a meeting in this city with parkinson and others he heard there was such a meeting but he knew nothing that transpired there he knew george parkinson who was here the of october went went with parkinson 8 to visit the registrar parkin ton on wanted to know of the registrar what steps he should take in regard to registering he also visited lapray pray the register of dayton precinct in this city parkinson was with him have known parkinson ten or twelve years he took no part in advising parsons to register or vote never wrote out any re papers but his own he did not endeavor to influence any one to register or vote he deferred registering until so late for the reason that he was so well known and he thought probably others would follow lowdis his example if he registered early in the morning cross examined am well acquainted quain ted with thip the history of the territory and affairs generally it in this country was first baptized in brigham city utah I 1 considered myself a member of the church a few years ago I 1 may have declared that I 1 was not a member of the church during 1881 and 1882 1 I was re baptized with a view of going through the T temple e in I 1 e when I 1 went through th the e tem temple ale I 1 never dever had any adea dea that the test oath would be held valid I 1 did not go through the temple and take an additional dit ional obligation with the idea of defying the laws parkinson inson never disclosed to me what his purpose was at the time of his visit here did not know that parkinson came here with the intention of holding a political lotical meeting W he crow cross examination my object in withdrawing from the church wad wa to procure my rights as an american citizen I 1 am not a religiously inclined man I 1 severed my connection in good faith bishop stuart or parkinson did not influence me in the matter B R H er DAVIS DA vis was recalled he had lived in malad twenty three th ree years had known k now n the defendant about that length of time knew his reputation for truth and veracity to be good would not con consider gider him to be a real orthodox member of the church cross examined never heard beard his reputation discussed can only say that whenever his name dame has been mentioned it has been that for truth and veracity A few years ago he was considered an outsider altogether witness was now tor of the enterprise pub published lishe d to in this city this closed the evidence A rece ceas was taken for fifteen minu minutes taja when the arguments commenced i J N kimball and W H s smith spoke for the prosecution mr J S rawlins us followed for tha tin s g defendant and the closing speech for the prosecution was delivered del vered by C p district attorney standrod thi the af charge to the jury j ury was then given ven J 4 as follows by JUDGE BERRY BEBBY r gentlemen of th the jury ejury after the discussion in this case the careful able and full summary ot of it that haq ha 1 been given by the counsel on either side you may not in fact desire to ta hear anything from the court bu but the law imposes upon me the duty of delivering to you the same aam thing to some extent in the 4 nature of a charge I 1 am ted by the statute to state to you yoa y le the evidence if I 1 were disposed to tai recount the evidence and to declare the law to you also but I 1 must not cha charge ra you in respect to matters of fact I 1 say it would be proper if I 1 were so disposed to recount toy to you the evidence but not to paw judgment upon it or to make any comments upon it but that la is tie the k province of the counsel aad they have performed their duty most mo stably ably and carefully it itis is their thedr province to recount to you the facts in the case andio comment upon T the facts the court will wal omit that thal of the facts in the ease case you are the exclusive judges the defendant in a criminal action is is presumed to be innocent till the contrary is i and I 1 in n case of 9 a reasonable dou doubt ba as to whether he is guil until ulu guilt is satisfactorily shown he to is T entitled to acquittal the facts constituting the alleged offense in this me case are comparatively I 1 Y few and the evidence bearing upon these facts you will remember As to many of the facts there is no 1 question made by the evl evidence dence gor by bv the counsel in th their ir argument it I 1 is not disputed that whatever whatever was in fact done by the defendant was done within the county cou nt of oneida oneda in this territory ro of tho the time of such acts that time waft on saturday the day of october X 1888 nor is it disputed that the oath was taken by the defendant in the form as stated in the indictment and before the officer named in uie the indictment As to the authority of the officer administering the oath to administer the flame fame that is the question of law alone and the court charges you that as a question of law the registrar had such authority As to whether the defendant up to the day of october 1888 was a member of the mormon church there is no question to in the evidence nor in IH the argument aw As to whether he was a member I 1 say MY of the organization known ills as the church of jesus christ of ataw libatter day saints there is no question does then that organization fadl within the provision of the law kw making membership in n it a disqualification fi of a voter that also is ia question of law and although mk point is controvert ed in the argo AMU ment of the counsel for the defendant still this court regards that question as settled in this territory and aad charges you as a matter of law that such organization falls within the atie inhibition of the statute as an organization in which membership deprives the member of the right to vote the court does charge you I 1 bay any that such membership does disqualify a person from voting but admitting the membership membership member shiy of the defendant in such organization up to the day of october 1888 was that membership terminated on that day before the defendant took the oath complained I 1 say admitting the membership of the defendant up to 0 that date was that membership terminated by the defendant before he took the oath which is the subject matter of this indictment that is the question for you to determine and in this it becomes your duty to lay bare the acts intentions intent ious and motives of the defendant to this question the evidence in the case is mainly directed the court charges you that it is the right of any ady member of that organization to withdraw at pleasure but it also charges you that such withdrawal in order to be effectual and to restore to the member the right under the eletti election oll law to vote must be absolute in good faith and with intent to terminate absolutely such membership ber ship on that point the defendant requests the court to charge you as |