Show rm ITE MUST GO the hie contributor twelve hundred years bonchin bonc ein the avar of if our lord there dwelton dwelt on abo badke of 0 the Atha athabasca bitica river in tho territory Trin tory of 0 athabasca then ft a hal the tha united states now a 8 part hiir of u british america a poo people le who wore were called peculiar they E bad ad earnell ilia ibis designation dosina tiou because they differed differ from the he refit real of the civilized world in their marriage customs it will vill be remembered that at that day most moat advanced in culture had for flor reasons that abat will be stated in the tha course coarse of this narrative ceased to more than one child to a family it was wai therefore in den sties nice 0 of popular customs that borne boma thirty ivirty years before the time meol meo men l 4 honed tinned above a people who called the Moro kineg went forth foith in to the northern wilderness anda under tinder the plea of 0 rol ro ligion ig ioni or organized anizel their families on the vol 1 g b bafitis a gig til they boldly preached prea preached chei that a oberd ws nothing wrong in ia having more children c than one and as boldly cari can ried this novel doctrine into pr practice 1 I ti ice I 1 so BO that while among the civili civilized peoples of the th earth no family could coul 4 be found in which there was waa more mor a than one child there tharo a existed on tho the athabasca choso whoso austere auster 4 banks they had anada in ado to blossom as aa the rose rooe this thia peculiar sect beet with families emilioa umi lioa contain contala ing many of them shades of 0 the a edmunds as many as six ten and even twelve children well thia bad gone on for or a great many years before congress paid any attention al to iti but finally after a generation had bail passed away that annual ua net body awakened awak boned to a realization bation of we the growing rowing evil and in accordance wi with their gray haired haire prerogative of robbing ingAbe the hen roosts boosts of 0 the oriAs with impunity passed bed drastic measures against the Mrk made it a felony to have a second child and a misdemeanor to 16 hold bold such auch a child out to lo the world note the law read aa as quoted and being ambiguous as to whether ph steal or other holding was waa meant gaja gava opportunity tor curt to acrive arive drive whole wagon loads cart card loads and dray loads of decisions through it jutt jost previous to the tha events barrat edin ed in sketch john anderson anderaon mcanderson McAnder Bon of 0 Anderson Mlle and beon eon u y I 1 by a grana I 1 jury jory of 0 hip hia b twenty out tour four trust wa rt 4 patriotic patri otio th that at they so bought u g E i rather t the than avoided the tha service of t their 8 1 r country amidst the dangers of the court room for the tha paltry consideration of a dollar and a half a day which they scorned yet yei accepted now new these particular twenty roar four grand jurors j arora bull bad been brought in from the penitentiary y on open ope venire 10 to bit as ing inquisitors inqui 13 tore upon the ites 0 it was a requirement qui rement of law that no one con necked with that peculiar sect should be pe permitted r bitted to act as jurors on their tri trials als it so happened that except the imported collica holders ho there were no d from the wore more in the land save it were in in abi th 4 penitentiary an and d there the pop 0 P ti lation was entirely made up of pd dissenters i B therefore there fora juries grand and petit came from that public tion and when on various occasions learned counsel lad had objected that it was waa infamous to entrust convicts with such finch important and doli delicate date duties his honor pudge adge orthodox hall had promptly overruled the objection with the statement that this method 6 C selecting Be cing jurors braught to the a service of t the government ja classy class of bf profoundly experienced perie need men who it was true lie he admit tedi were more temporarily under a cloud but who iwho bid bad du daring ring their residence in i the publio public prison bisou been exemplary in in conduct ee ae defied deded whereupon he struck the desk dek a heavy blow any man to allege a single bingle case of malfeasance against one of the tha gentlemen concerned during the period of their incarceration they had bad been uniformly honest uniformly sober uniformly obedient and were home and in bed early every night when learned counsall coun Ou sal 1191 ventured to a suggest best that compel compulsion ill had bad accomplished this wonderful re formation his bis honor with an oath in norman french which his bis less learn ed ad auditors bap posed to be a quo tation aaion from blackstone tined fined the tha counsel two hundred dollars and said that as long as aa his country willed nay insisted that he be preside in the tha eleventh district court be would permit rii t no attorney to push a 11 reforming man an back into depths from which b bo w with th so much trouble had drag god ged himself bim gelt otherwise he ha ro marked arkad ni where were the incentives to reform aeu valt the day of the trial came on mr 0 ejup up the district attorney p emp empanel ariel the jury the tha usual number of convicts were wera brought in and duly daly questioned as to their past record tito tan district attorney promptly challenged all those thosa who had ba nut served at least two previous terms of imprisonment on oa the tha ground that they were without ox ex par por ienco in lory iary trials challenge sustained the attorney for the tha defonso made mada a t ore are of objections which were promptly overruled and finally an objection to the entire jury whereupon the tha court at tor ter a fit or of coughing continued for five minutes informed the counsel cou that their point had bad been expressly decided by the tha court a hundred times that it could only be ba viewed in the tha light of intended disrespect that it was again urged that a repetition would bo be followed by dis barring and app appointment ointment of a commission ot of lunacy to inquire into his apparently dito dos mental condition the at torney took an exception to such lan ian gnage which was promptly overruled overrule il gm mcanderson was then arraigned upon pon one ona indictment for or or having havi ng more children than onel and another indictment for holding tho the child out to the tha world as ai bits bis own which latter had thirty one counts it may randil readily be imp ia ignec affined that the position of t the a delon defendant ant was any thins abing but bat agreeable with an aggregate iT imprisonment of twenty years a and n el bis 1 m months 0 d tb a a add n d an aggregate a I 1 fine 0 of po over ve r t ten on illo thousand u s an d d dollars ol 01 1 ageg ti star r ing him in the face but tho the reader must that the govern mont meant business othero was to be no trifling this conah unity was to be reformed and reformed immediately in vain had the friends friend of this thin persecuted persecuted seit sect pointed aut that great odies bodies move slowly thai tha social revo lotions rosairo time mcanderson pleaded plead al not cot guilty and mr hr had risen to his feet and was waa about to make his open ing ng address when bill sykes the foreman oreman of the jury rose from his bia chair and addressing the court said t if your honor ale please aso weve talked this hia case over amo among ourselves and savin a good deang deal of confidence in the he commissioner who hold held the pris oner to await the action of the gran jury ury and aloo aleo in the tee gran grail jury jary who indicted him weve come to the con elusion that therel there sint any doubt of his aftin guilty and so BO we return a liddic ol 01 0 guilty it is needless to relate that thai the he ay judge band and the district attorney near ly ex expired aired in their places the occurrence re nee was in the slang of tho the day ench a dead give away it bing suggest a t ed that the scales ot of justice WT which ich ought to indicate dicato in very overy grain were soldered at the pivot the court of fibers dill did considerable lium humming ming and hawing but finally the district at toney seizing the reins reminded the jury that the tha forms forma ol of amal ba preserved vod that the sacred provisions of the constitution roust not be rude ruda ily ly aside McAnder Bons counsel promptly ob ejected to the jury on the tha ground of pre udice cc Baying that glit it is is ovid evident ilat to E the meanest understanding that his client was even then convicted and a a trial would be ba but a farce before that jury the district attorney r replied ze aled that webster defined prejudice to ba an unreasonable pre dileo tion for br or against and he said Is my opponent prepared to say that the conclusion reached by the tha jury was w without reasons reason T are not the facts that the commissioner held the defea dant and that the grand jury indicted indi ed him reason are those officials official ec in ia cheh the habit abit of holding innocent peopled therefore that judgment is not unreasonable and therefore not cot poeju dice overruled exception taken noted the district attorney then del delivered ivel his address outlined the 0 charges har gas against the be defendant and the line of ot roof croot the a first witness c called by the prosecution was sarah Mo Anderson Luderson the th a wife of the defendant counsel for the defonso promptly arose and delivered an arg argument ament against coca cam belling polling a wife to testify against her hei husband quoting a lineol line 0 ot o authorities and precedents as f far a back as the ancient greenleaf bat we ile objection don was overruled after the argument of mr contended that the law be read espres mally stated ta th that a husband should not t bes be a witness far for or against his wife viive not nor a wife abife a wit ness for or against her husband ear beep copt a and pd mark the exception he be said bald in in an action or proceeding by one against the other now your honor who are the parties to this action T ile ie it not the people against it I 1 Is s I 1 unhesitatingly reply and what people your honorl people the whole people of athabasca every other parson in in this territory of the united states besides the defendant audi and in this enumeration in d included mast inest I 1 i in eluded the wife of the debei nt therefore I 1 contend that she ahe is brought plainly under the exception and that she ebe must be compelled compell pd to td testify being a party plaintiff and hot her husband being the party defendant the counsel for the defense denounced this as a monstrous pro position position and argued that in a course of fifteen centuries centimes cen times this point had bad never been raised which is ia convincing proof that it is unreasonable and untenable tholo the court rb announced that he would hold the point under advisement for seven minutes and granted a recess for that length of time after which he be overruled aled the tion of the tha defense and permitted the tha witness to testify she was the law full wife of the defendant and the so BO called mother of the infant which was wait produced and marked exhibit A was not really the mother of the tha child which ff had been left on her doorstep believed Belia vad in that it was waa right it may be remark ed ad in passing that the district at torney afterwards afterward commented a upon on the tha deplorable perjury pal jury of the witness witt ipsa sarah mcanderson Mo Uc Anderson in alleging that the child war waa left upon her doorstep and observed that although the ilia tle do benso bad endeavored to prove it b by 7 offering a dozen witnesses they ba bad failed to bring the witness the tha court would permit to testify on the subject the parson who left th the 0 child on the doorstep lie assorted asserted that an oath had no binding fores fore on a and that perjury was a part of their education the prosecution continued by showing the ago of 0 the infant winch was done by calling in in a veterinary veterinary murg outi to look at its ila teeth lie ho pro the tha child to bo be three years aud au delaven eleven days old or since bince thein the in had been procured procure il fifteen days before two years eleven mont lati and twenty six six days at the time of aba filing of c I 1 tho h 0 indictment this of of curs course ron rendered dered the defendant lil li l able abla to under tle the more serious benon charge the thirty one ona counts of the I 1 lessor baser indictment were several ly proven by evidence of the tha purchase 4 of paregoric a rattle a bolt of di dij poring a maeer paper of safety pins 0 etc I 1 by evidence I 1 that at at two 0 clock in in IN the the shadow chadow of the defend all with an infant in in his him arms was of cast t on the window shade hado that tho the ebil child d from its ita earliest talking called hi him papa and so on ad thirty one om dunt dum for the thede defense fente the he council offer ed ad to show allow that the defendant had bad been in europe constantly for fair two years before the birth of the tha chialdi the courtat a h hint tit t from retarn a ap P imade made the following remarks 1 it l I 1 li the chief glory of the com common urion law that it is flexible adapting Itself to td changing times limes and it 14 judge made law the th outgrowth or of t the tie necessities of it a free people where statutes fall short of a cut conr system of or justice where great wrong have required great reina i dial the flexibility tho the adapt adaptability abill t of he common law lav has hag been bean equal to the occasion and such has haa been the tha case uvon oven if time honored precedents have been departed from and nod disputed tho violations of la w in this community not balvir spora die but organized tha ilia wrong ap Is beius tho the remedy must 1 be 1 I I 1 radical I 1 it t fi has as been au an indisputable presumption of law chatir a husband presumption gre has as been in the country of his wife it and ild h home anae he be Is the father of her child or er in other language that lie ha must be presumed pr burned to be the lather lathe if it ba baa 1 been 6 elble possible for him to be so th the e time has come 0 u o for galep pec precedent 00 tit to widen the pros presume lot and aad th therefore ore fore it II Is nay my op opinion 11 that unless the lino defense efin can show allow that the defendant was beyond the earth or dead it la 19 an incontestable presumption that he ha Is in tho the father ather of the tha child counsel for defense to took ic an except eption loo the court tined fined nut awen twenty ty five dollars for contempt the evidence boing being submitted the court crier went around and woke ke up tho the eleven jurymen juryman who etere were asleep the other was nate nud and showed a strong amstrong desire to 0 o do da his duty which the r u took M an indication ahi ll iBIe a af pf tt lu d tall full 0 o agree that lie he was oua one 0 of f the he fin finical leai cusses too parti particular culs r by half but after all lie ho was all right it was the toothache that gave blue the wide awake conscientious appearance appear anLe the tha judge charged the jury in his usual style hod had to 0 o say a bout about the five hundred millions 0 if poop people I 1 e in this glorious country belag being shocked shoo ked and being la in earnest called the da hard bard names name mand and in one of big hi more forcible strictures tures threw an inkstand at the defend defendant anti which nearly brained him and wound up by dancing a frenzied fronz led jig on on the abo judicial roa rostrum truna the jury then bir bar room ordered twelve deep rotations potations ions agreed that any man artsell ailed to drink voted not guI guilty Ity and drank unanimously to the he haal health it of tho d defendant e fen dant they tame came into no |