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Show CASK OP THOMAS IIAWKINI. Tlie Deff litlnnt Benteucttl to Tlirer Yrnri Imprlioumtnt anil Fined 3300. In the third district court, yesterday morning, Mr. Miner, of the counsel for defense, presented a bill of exceptions excep-tions in the ca.se of Thomas Hawkins, The court is asked to set aside the verdict as contrary both to the law and the evidence of the case; that there was no evidence proving the fact of the marriage between Thomns and Harriet Hawkins, in accordance with tho laws of Kngland; that the genuineness of tho marriage certificate waa not proven; that tho court erred in withholding with-holding from the jury the indictment, and also in permitting the jury to take with them to the jury room, upon retiring re-tiring to deliberate upon their verdict, a copy of the Statutes of Utah; that the court cried in its instructions to the jury in assuming that the existence of certain fucts stated was sufficient evidence to prove a legal, actual marriage mar-riage between Harriet Hawkins and defendant, according to tho laws of England; that tho court erred ia refusing re-fusing to charge the jury as requested by the counsel for the defense, and in their words, that it was tho duty of the nrosccution to show an actual, lecal marriage of tho defendant with Harriet Hawkins, but used other language to convey the idea; that the court erred in refusing to give other instructions asked for by defendants and reading tho instructions so refused in the hearing hear-ing of the jury, and also adding certain verbal addenda to instructions asked for by defendants; that the officers in charge of tho jury and tho jury themselves acted improperly during the trial of said case, the officers in chargo of the jury conducting them through the streets of the city and in a saloon on East Temple street, where they mingled aud conversed with others not members of the jury, and drank of spirituous liquors, and that on Thursday night ono of tho officers in chargo of the jury played cards with tho jury to the prejudice of tho rights of the defendant. Mr. ' Miner argued at some length tho various points of the exceptions, using substantially tho arguments which had boon made by the defense on tho trial. In reference to tho exception ex-ception taken that the court erred in reading to the jury tho instructions refused re-fused to bo given, tho counsel contend-cJ, contend-cJ, that the law of instructions is that it is tho right of the defendant to have tho instructions of his counsel given in their words, and that it is wrong for the court to road to tho jury the instructions in-structions refused. Tho judge called upon the counsel to produce a respectable authority for this doctrine, and denied that such an authority could be found, at all respectable res-pectable or worthy of consideration. If so, he would grant a new trial on that point alone. To Bupport the last allegation of the bill of csccptions, two affidavits were presented, one by Mr. Miner, to verify tho charge in regard to tho jury being upon tho street, drinking in a liquor saloon, and ono by Dr. Groves as to their mingling with and conversing with other persons. The court said that no improper conuuex nau Decn shown by the officers or jurors in these affidavits. Mr. Miner was asked if he had any affidavit to support the charge that the officer had played a game at oards with jurors when they should have been deliberating upon their ver-viot. ver-viot. Mr. Miner stated that the jurors wcro his authority. The court was very severo upon the counsel, and said it would not allow its officers and jurors to bo scandalized at this bar, whalovcr outside abuse and scandal might prevail. pre-vail. Mr. Miner was ordered to appear ap-pear at court on Monday morning to show eauso why he should not he fined and disbarred for contempt of court. Mr. Miner then concluded his argument argu-ment on the bill of exceptions, and filed a motion for a now trial, and in arrest of judgment, which motion as well as tho exceptions were overruled ; by the court and exceptions taken. Thomas Hawkins was thon arraigned and sentence pronounced by judge Mo-Kcan, Mo-Kcan, as follows; TIIE SENTENCE. 'Ihomas Hawkins, I am sorry for you, very sorry. You may not think so now, but I shall try to make you think so by tho mercy wbioh I shall l,,, nmi Yrm nnnirt from England to this country with tho wife of your youth. For many years you were a kind husband and a kind lather. At length the evil Bpirit of polygamy tempted and possessed you; then happiness hap-piness departed from your household, and now, by the complaint of your i faithful wife and tho vordiot of a law-j law-j abidiug jury, you Btand at this bar a I convicted criminal. The law gives mo large discrotion in passing auDLcnco upon you. I might I both fine and imprison you, or I might fine you only, or imprison you only. L might imprison you twenty years and fine you ono thousand dollars. I oan not imprison you less than three years nor fino you less than three hundred dollard. It is right that you should be tincd, among other reasons to help lo defray tho espcuso of enforcing the laws. But my experience in Utah has been such that were J to fine you only, ' L am satislicd that tho lino would be I paid out of other lundy than yours, and thus you would go free, absolutely free liom all punishment; and then 1 thoc men who mi lead t he people would 1 make you and thousands oi others 1 believe that (!od had sent, tlto money i to nay the fine, that God had prevent-led prevent-led the court from sending you to ; prisou, that by a mirarlo you had been rescued from the authorities ol the United Stales. 1 must look to it that my judgment give no aid and comfort to such men. 1 must look lo it that my judgment be not bo severo as to seem vindictive, and not so light as to seem to tritic with juitico. This com-j com-j munity ought to begin to learn that God does not iulcrpose to rescue criminals crim-inals from Lho oonsc'iucnecs ol their crimes, but (hat oil the contrary Ho so I orders tho affairs of Ilia universe that, I ,ooncr or later, crime sianus lace io ! face with justice and justice is the I mai wiVl .say here and now, that wlicu.- j ; ever your good behavior aud the public I good .hall justify mo in douur so, 1 will gladly recommend that you be narduuud. Thomas Hawkins, the I Xuentoftho court s that wu be I lined five hundred dollars, and t at JSub" imprisoned at ban! lahprior the i term of three yeaif," The piisoacr was ordered into .ho ! custody AT the 'iutf.hal. The euiwd- 'crationoflhctionofbail pending i the appeal of the case in the supremo; I court of the Territory being rpervcd , I for a future occasion. Court adjourned till V o'clock. |
