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Show COURT PROCEEDINGS. THIRD DISTRICT COURT, n.)UKMAN,A. J., PRESIDING. Ttrenysccond Diy. Monday, Nov. Sth, 1S75. Court convened at 10 o'clock, a.m. Associate Justico Boremau announced an-nounced that it was at Chief Justice White's desire that he was on tho bench. He (B.) would proceed with the eases on the jury calendar, and Judge White, as soon as be wan able, would hear tlie law cases. Ex parte business was then disposed of as follows: In tho matter of Campbell & Pat- terson, bankrupts; an order of dis- L-nargc was cntem.1. In the matter of Henry Mvers, bankrupt; an order was entered approving ap-proving tbe sale, by the assignee, ot certain assets. Brigham Young t. Charlotte Arthur; rtmittiter from supreme ouirt fiied, and case placed on the trial calendar. Kinney ra. Reese et aL; bond withdrawn. with-drawn. Cowley Brown et al.; defendants defend-ants were nut required to plead uutil afttr the motion to set aside tho service ser-vice of the summons could be argued and decided. Nt-a! Randall et al,; order to show cans;-, returnable next Saturday Satur-day wasgi.ittd. J. A. Young r.,, C. B. Cram; ajn-tinurd ajn-tinurd hr the term. Cordelia vi. Martin; dismissed for want of prosecution. The damage unit of Kate Flint c. Jeter Clinton, ct al., was taken up. Attorneys Robertson, Mi-Bride and Morgan representing the plaintiff, ants. A jury was calltd and sworn on its voir dire. Plaintiff's counsel ehalteif d one of the jurors for cause, on the ground that he was a member ot the church of Jesus Christ of Latter-day Saints, and offered, the affidavit affi-davit of Kate Fiint, to the effect that she was not a member of that church, that tho defendants were, ami she could not ha?e a fair trial by Mormon jurors. The defendants uppuscd the challenge, chal-lenge, and atier arguments the ob-ijrclion ob-ijrclion was sustained. Piaintifi'ihcn ch.illcngi:d the juror on liie ground that lie was a Mormon, . and ottered to prove that Mormons believed in certain doctrines and principles which disqualified them from serving uu a jury wlu-u one oi ihn parties litigant was nut a member of their cluireh. Diifaudant u:ject-,'d, but the court overruled the objection and Orson Pratt Wild sworn. The substance of his testimony was a.-i follows: Was an elder in the church ol Jesus Christ of Latter-day Saints; had been a member of tho church for about forty five years; the payment of tithing tith-ing was optiunal with the members of the church; the object of the tithing was to aid the poor; he understood it to be in the form of a donation; the non-payment of tithing was nut considered con-sidered sufficient cause for tho excommunication ex-communication of members from the church, nor was it the practice to exclude them for that reason, though there minht be exceptional cases where it had been done. The doctrines of tho church were to deal justly, honestly hon-estly and uprightly willi all persona, whether or not they were church members. Mormons were advised to settle their ditl-,reuees by arbitration, either in the bishop's court or high council a church tribunal consisting of iwelve members. Tnere was no rule in regard t'i going into the civil courts; members could go before the civil courts with their giievanccs ii they wanted tu; ho held that the civil government w.is legal. Witness was shown a boot ''The Uuvernment of God " written by him, in which it was stated that earthly governments govern-ments were illegal, that tbe government govern-ment of God was the only authorized one. He said that the bock was published by him, not by authority ol the church, and his wriiiu-s were not church standards. Sonic portions o! it had been repudiated by the church. The paragraph in regard to the earthly earth-ly governments, lie understood to mean that tlit-y were illegal as regards divine aflairs. Church members held themselves subject to earthly laws. It was a doctrine oi the church that iti members should obey the revelations from God, and it was the privilge of every man to receive revelation. The church has a recognized head the first presidency and the twelve apt s-lies s-lies were authority on church doc trine. Tho head represented the Supreme Being on some questions of tluty. He considered a theocracy was a body of people united and willing to give heed to the rovelations in the old and new testament, and toothi-rs. Tho attorney read from witm;s' writings, wheie it was statctl fiat God had decreed to rend and break in pieces all earthly governments in building up His, the only true gov-eminent. gov-eminent. Witness said that was what the Bible taught, and the Mormons Mor-mons believed the Bible. Witness said he could speak for himself not for the church that il the civil government govern-ment should enact a law not in harmony har-mony with God's law, he would obey the latter he would obey God rather than man; he believed that eventually event-ually a divine government would he established, the wicked would be destroyed, and Christ would again come up"i the earth; believed Hint, the Church of Jesus Christ of L. D. S. ! was the beginning of tho work the result will ho alter tho coming of Christ ; understood that temporal matters were connected with spiritual affairs; the high council had authority to act in all caeca, ecclesiastical or temporal. The church was no moro political in its character than other churches that is, it tried to obtain all the political influence it could. This was not a doctrine of the church, but a policy. Members of too churoh, were left to vote, etc., as they pleased. Oro.'fti-examincd. Never heard of trie church authorities teaching jurors tl-t-ir duty; a Mormon juror, if ho did his duty, would do justico jus-tico to his enomy; never heard any doctrine of the church, nor from any member in good standing, for a juror to do otherwise than decide according to law as laid down by the court, The church would censure a juror for doing otherwise. Had heart! members teach, "give the dovil his due. lie-direct Did not know that jurors jur-ors of the district court had ever been publicly rebuked by President Young for their verdicts. Abraham Taylor, sworn Had resided re-sided in Salt Lake city twenty-three years; was not a member of the Mormon church, but had been for fourteen or fi'lecn ye.irs; had been an elder; was acquainted with the doctrines ol the church, which exercisrd control over iti members, spiritually, temporally and politically, to a very great extent; the members must conform to everything every-thing so- far as the interests ol the church were con-cenu.d. con-cenu.d. Did not know of an instance whvu jurors had hi-en rebuked for thtif verdicts, but the giiond teach ings were to he govern' d by the laws of the church, no matti r if they came in contact with tho civil laws. The cource ot authority in the church was Brigham Young who was supp.ned to be God's vicegerent- in connection with apostles and high council. If a man went contrary to the church counsels, ho was visited by the church teachers, who reported to the bishops, and if he wouldn't reform re-form he was expelled. Did not know of any act which the church might not investigate, if it choso to do so;' such were the teachings, but not altogether alto-gether tho practice. When differences differ-ences arise between members and others, the church teachings were for members to be partial and do anything any-thing they can to screen their brethren; breth-ren; did not know of any command I to that effect, but it was the practice. In a suit between a Mormon and a non-Mormon, a faithful member of me cnurcu would not ue an impartial juror. Cross-examined Did not know that there was a law of the church which CDnfhctcd with the duties of a juryman in any case; did not know that the church ever assumed to direct the action of jurors; knew no church doctrine which taught partiality; par-tiality; never knew of a juror being directed as to his verdict, but had heard that there were such cases. H. W. Lawrence, sworn Had been a Mormon for thirty years, and held during that time some minor j ornces; was not a member ot the church at present. Civil and ecclesiastical eccle-siastical offices of tho church were all mixed up. There was no general instruction ol tho church as to the action of jurors, and in a case between a Mormon and a non-Mormon, when church interest was not at stake. Mormon jurors would be impartial jurors; but if the interests of the church were involved, they would be1 partial. The teaching was to submit to counsel, which extended to all things. Tnero was a certain secret organization which all Mormons in good standing were permitted to p:iss uirougu, wnero certain obligations were taken; there was nothing in the secret organization tl at would influence influ-ence a juror. However, the general understanding was that members should be true to their brethren. Cross-examined. It was not a general church doctrine that members mem-bers should favor their brethren, right or wrong. Tne theory was that they should favor the right, but the practice prac-tice was sometimes diflerent. There were three parties in Utah Mormons, Mor-mons, Gentiles and apostates. The Inst two opposed the first. The difference between them was that the Gentiles and apostates expressed individual in-dividual opinions and the Mormons Mor-mons did not. In a case between be-tween members of the two parties when the non - Mormon policy or interest was at stake, there might be individual prejudices which would prevent a non-Murinon from being an impartial juror. There wore few Mormons who would go against the policy or counsel of Brigham Young. Witness had heard of cases in which Brigham Young had interfered to control the verdict of the jurors, but he did not personally know of such an instance; did not know of a Mormon violating his oath in furtherance further-ance of church policy. When he was a member of the church he had been on grand juries, : where they did not investigate certain j cases, because it was thought to bo policy to let them alone. The prose cuting attorney had not brought tho cases betore the juries. There was no instruction in such cases, but the jurors seemed to understand what to do. On general principles Mormon jurors were impartial; church pclicy sometimes conflicted with the law of the land. W. S. Godbe, John Ohhlett, George Rood and John Lowe, were examined. They had all been members of the Mormon church, for periods varying from thirteen to twenty-eight years, but they were not now members. Their evidence was substantially tbe Manic in every particular as that of Mr. Lawrence. Tho defense interposed frequent general and special objections to the introduction of the testimony, but all were promptly overruled by the court, great latitude being allowed the plaintiffs counsel in questioning the witnesses. Court adjourned till 10 o'clock this morning, when evidence is to ba introduced in-troduced on the part of the defendants. |