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Show WviWiun Vol. 2, No. 44. SALT LAKE CITY, UTAH, JULY 11, The Late Grand JJury Now that the grand jury has presented Its final report and has been discharged, Truth takes some pride in the correctness of its forecast of what the result of the grand jurys investigations would be in regard to polygamy, to inquire into ..which was the only reason why the grand jury was summoned at all. Not that Ferry Heath and Senator Kearns, who caused the grand jury to be called into being, cared anything at;all about whether polygamy is practiced or not, their only object being to coerce the Mormon church leaders into sup- to the porting Kearns for Senate. Truth herewith reproduces the pertinent portion of the article it published on March 21st, just after it became known that a grand jury was to be summoned. ' Following that is the report of the grand jury on the subject of polygamy, which shows how eminently correct Truths forecast was. re-electi- on Jt Jl Truth of March : 21. It is a good thing that a grand jury is to be called to investigate, conditions aa they exist in Salt Lake. Polygamy matters, will no doubt receive a very considerable' amount of the attention of, the inquisitors, in fact, it is believed that the recent talk and : -- allegations to- the effect that polygamy Is being extensively practiced in 'Salt Lake' and Utah generally was what, decided the court officials to summon a grand jury. It is well that a full investigation be-- ' had so that the, atmosphere, which has been very If turgid of late, may be cleared. the probing is thorough and the grand jury does its full duty, a large portion of the community is expecting that there will be many indictments returned for polygamy. Every day one hears the names of prominent citizens mentioned as having within the past few months or years entered Judge into polygamous relations. means the not only Tanner is by any He has one under strong suspicion. lots of companions. If it is true that these things, exist the public should should be knpw. it and the offenders the not is public true, If it punished. disthe and very should know it also, which of suspicion agreeable cloud - men- should be so over manyhangs removed. Truth, however, takes issue deciq that the edly with those who think is relations marital to law iu regard reThe violated. being extensively sult of the grand jurys labors, be they ever so thorough, will, Truth believes, be a disappointment to those who are startling expecting revelations of a that the believes Truth nature. - - - antfynompiwnm .i mtiumTmnCra-UMw.nju- charges that are daily made are nothing but idle and. in some cases mali- tion. cious rumors, without any foundation Those who prize the fair name of in fact. This view is expressed with state and the rights of neighbors the full knowledge that many people our should hereafter be more careful to will laugh at it and think it foolish. secure facts and evidence before The polygamy charges and the records and exaggerated reminiscences charging this crime. Jl Jl of the past will be quoted as they are some to referred It required little, moral courwhenever the constantly is discussed. The worthlessquestion to take and maintain the position ness of the denials of parties accused age of the crime will be expatiated upon, Truth did when the grand jury was the proneness of such people, who in called. The uproar, it might not inother matters are truthful, to lie In appropriately be called, against the affairs of this kind will be vehement- alleged practice of polygamy, was very ly urged as usual.; But notwithstand- great. s of thp people. ing all that, on every phase of which Truth is fairly well informed, this pa- Gentiles and Mormons alike, were per believes the grand jury will dis- thoroughly convinced that certain incover very little, not because of any dividuals had been guilty of entering laxness on the part of the grand jury, into polygamous relations since the isbut because things that do not exist suance of the Mormon? church manicannot be discovered. festo against it. Botif Gentiles and Jl Jt the supposed Mormons were angry at : Extract from grand jurys report and breach of faith their passions This jury was selected May 20, 1903. were worked up to almost white heat faL. E. Hall was appointed foreman and by designing politicians and a few Mormon is natics to whom C. F. Keith was chosen secretary. like a red rag toanything an infuriated bull District Attorney D. C. Elchnor ap- Some said Truth was talking nonpeared before us as legal advisor, and sense. others said it was subsidized otir investigations have been under by the Mormon church, others said fa-it took the position it did to curry hia direction, except in the particular vor with the Mormon merchants and investigation in which we were in- others who advertise. They all lied. structed to allow Mr. Westervelt, the Truths position was taken as the reknowledge of the. county attorney, to take the place of sult of considerable real status of affairs and the exercise the district attorney. of some judgment and common sense. Inasmuch as our state constitution It will not do to say that plural provides that offenses heretofore re- marriages are being entered into, but quired to be prosecuted by information that it is impossible to get evidence after examination and commitment by against the guilty ones. In the face a magistrate, .or by indictment,, we of what has occurred that would be have assumed that all ordinary cases silly. The fanatics, inshould be prosecuted by complaint be- cluding members of the Ministerial fore a justice uf the peace, and that association, and to some extent the we were called to inquire into such Ministerial association, as a body, rumored violations of law and offenses loudly proclaimed and oh numerous against public morals as seemed to. occasions caused to be published demand the larger discretion and broadcast to the world that they had wider powers of a grand jury. positive evidence that Mormons were We at once began the investigation continuing to enter into polygamous of the very prevalent rumors of the relations and that the church leaders violation of that provision of our state approved of it. Their detectives, which constitution says that poly- and quite a few were employed on or gamous plural marriages are for--' the business, mouthed at the street ever prohibited... comers about what they knew and We have investigated thoroughly all the positive evidence they had that such cases brought to our attention by plural marriages were still being celethe district attorney and by citizens brated. All they wanted was half a who have appeared before us, which chance to put It in and indictments were reported to have occurred within ahd convictions galore; would follow. the jurisdiction of this court, and have Now, they either had the. evidence or not been able to secure evidence that they hadnt. If they did have it, why a single case of polygamy has oc- didnt they offer it? Every opportucurred in this district since Utah be- nity was given them. The bars were came a state. thrown down. Numbers of those of commission rumors The who said they, knew so much were of, the to' have grown out of subpoenaed and testified before the this crime seem innocent circumstances which In ordi- grand jury, but' the grand Jury says nary communities would have created their testimony was only rumor, withno suspicion or scandal, but which out even the shadow of a shade of to a feature' of substance. A majority of the mem h6re, probably-owin, Nine-tenth- . 4 on bers of the - - non-Mormon- s.'' The foreman, Deacon in sympathy with the sentiment and a trusted friend and advisor of the He is a man Ministerial association. of string personality and dominated the grand jury to a large extent. Yet after months ' of labor, earnest and faithful, in the effort to indict poly- gamists who entered into- the relation since the manifesto, Deacon Hall who wrote the grand jurys report, says, in effect, in his report, that the allegations are nothing but malicious rumors. look for a minute at other members of the grand jury: Charles F. Keith, the secretary, son of a business ipartner and a close friend of Mr. Keiths symSenator Kearns. are all against and instincts pathies desire and natural his polygamy to would be oblige his friend, Kearns, by indicting polygamists. He signed the report drawn by Mr. Hall. Philip Fugsley, Jr., a friend of Senator Kearns and a relation of Mayor Thompson, another business partner of Senator Kearns and a strong B. F. Oatman, a Gentile These conand an stituted a majority of the grand jury and moreover the district attorney and the county attorney are both Gentiles and both pro Kearns men, the latter rabidly so. With such a com-bination what show did a Latter-da-y polygamist stand to escape, if such existed? Hall, was i Cents 5 jury were grand thoroughly y anti-polygam- - . , anti-polygami- . anti-polygami- st; st. . Jl Jt - Although the immediate results of the grand jury are not stupendous, the Lukes and Kroeger being the only persons against whom indictments were returned, and it is a safe guess neither will be convicted, the jurors will have accomplished much if they have set at rest these, fanatical, malicious and hurtful polyTheir propagators were, gamy lies. under the given every opportunity ' to circumstances favorable most ex-Justi- ce prove up, but they didnt do it. Now, let them, hold their peace, or if they wont, let honest men turn a deaf ear to them. Jl . . g Price 1903. our territorial history, have been seized upon, and the crime assumed without evidence, much to the chagrin and injury of innocent citizens, and greatly to the detriment of our state and its reputation throughout the na- anti-Morm- nf i. Jl And so another brilliant scheme of Senator Kearns and his astute manager, Perry Heath, has gone wrong. Instead of being heralded to the world that a batch of new polygamists were iiidicted, it will go out that the grand lury found that no polygamous marriages have been celebrated since the nianifesto. The effect will be a boom for the seating of Senator Smoot and a boomerang for those who oppose him. ( Jt Jt There are a few things the grand jury left undone which it ought to have done. It ought to have investigated the conspiracy charges made against Senator Kearns, Perry Heath, et al. Some eminent lawyers have nH |