OCR Text |
Show THE HUES CASE- The ArKomenta Closed. Oase to be Given to the Jury This Morn Id k. Sjmetime alter the appointed hour yesterday morning the arguments in toe Miles case commenced. Quite a number of persons wore present, not to many, however, aa had been attending at-tending on the preceding Saturday. The opening argument for the prosecution pro-secution was made by District Attorney Attor-ney B;-atty: He an id eveiytbing bad beta done on tbe part of tbe iogeui-lous iogeui-lous counsel of the the defense to throw what stumbling Dlocus H wad possible in the way of the prosecution, Tho proeecution bud not been remits in doing what they could, but not with a vie to work an injuatico tothe defendant. You (Jurymen) have been aolected on account of your presumed pre-sumed lack of biaa in tbis case. You may have feelings against polygamy hut tbis fact does not couatituto a bias any more than it would if you were opposed to any crime robbery or murder and wore called to sit upon a case where a peiBon was being tried for such offense. Yours ago a man claimed to bo the recipient ol revelations from God, and he eet up ft church. Tho members increased in number and it came to bu ihe opinion that revelation could be added to revelation and that they could take a number of wivea and make them happy. The belief ie ali right, butwhen the practice was learned ol a law was made prohibiting the practice, and under tbia probibition comes tbe trial of this defendant. Nuw, in trying this defendant, it is impossible to keep out the trying ot ibis opinion, or of the practice of polygamy. This trial incidentally raises tbe iseue between the Mormon roc-trine and the government ol tbe United Stales, aud this also atMs an important leaturo to the trial ; and though I do not desire to read you a lecture upon what constitutes your duly, I do desire to impress upon your minds the importance of tbe case now utder your consideration, in view of the relation bold by thia case to a great question. Ws have had no difficulty in proving the second marriage; mar-riage; the labor has been to prove tbe legal marriage. You have seen how difficult it hue been for us lo get 67idenc as to the legal marriage; mar-riage; and that every effort to get into the Endowment House h&. been praoiicaliy fiuitlees. You all know it ia impossible to try a case in this territory na we would anywhere else; but we have obtained testimony, tho first step I call your attention at-tention to is to tho marriage of Emily Spencer to the dofeudant, which we must fix as being the first; and in thia I direct your attention to the order of the church, a very im portant link going to establish the lirat inftrriae as the result of tbe interview of ibe parties Miles and the girls with John Taylor, and tbia iu the presence of others in the eburch. Tbis interview leulted in the order of John Taylor that if tbey married at all (though released from the ponding engagemouts) it would have to be in the Older given by hi in that the oldest should be first; and in view of tbe position occupied by John Tayl;ra,t.d ibat of Miles, I maintain, that if that marriage was consummated, consum-mated, it must have been in the order as received by counsel. Katie Connelly Con-nelly tells ua that tbe order of mai-riage mai-riage was to be aa named by John Taylor, and tbis statementis corroborated corrobor-ated by the assertion of Miaa Owen, who also telle us that they went to tbe Endowment House with that understanding, un-derstanding, and this, alone, I take it, would establish tbe marriage, were there nothing else. But to return to the Endowment House. We have bad but a peep ;uto it, yet some of the witnesses have told ua something about it, and Mies Oneu, unfortunately, has been through that place. To establish the first marriage, wo have the testimony ol Miaa Uwen that when kneeling with Miles bolore Wells, he was asked where his first wife waB, as it was her right to give this woman to him; Miles gaveaome shifting auBwer and tho ceremony proceeded. Ooaerve tbe eecieoy in tbis case, for we eeo throughout that tbe parties were fearful of the fact being discovered, aud tbe precautions taken lo guard againit such an occurence. Wo have another link, which is tho fact that on the way from Endowment House to Cannon's house, Miles told Owen that Emily Spencer was aa much hie wife aa Oweu. The counsel coun-sel on the other side will make a point of the fact that wo introduced A. Cannon, Dan. H. Wells and Jos. Smitb, and tbey could not recollect anything about it. We did not introduce these men lo prove anything, but to let it be soon that we could not get them to tell the truth; and if the be&dt of the eburch can stand it to have their refusal to tell the truth go before the whole country, we can Bland it. Wo desired to show how difficult it is lo learn anything of ths truth from these parties and we put them on the stand to show their secrecy, and you know, gentlemen, the status of tbia country. Turning to tbe evidence, we have a wedding supper at Cannon's house, and Mi lea introducing Emily Spencer aa bia wife in ibe absence of Miss Owen. Miia Connelly lelU us of tbe piano itool occurrence, in which Milea again calls Emily 3pencer bis wife and tells her to remain seated; also tbe ajssrtion of Mils Owen that she would take the bend of the table, though it was not her place, and how d;d she know ibis? We have tbis man Cannon deairing to designate the three Mra. Miles present by difler eul names. We have tbe testimony of the boy Dykes looking through tbe window aud seeing the piano etool occurrence, and that he heard Miias I call Emily Spencer his wile. In bis 1 cross examination he atated that the 1 windows were down, and in all probability proba-bility there will be an attempt on ihe part of the defense to show the boy could not hear. The delenae.bow ever, have seen fit to introduce the testimony taken Usfore Commissioner Spruce, doubtless with a view lo suowmg tbe inconsistencies between the testimony taten now and that token then. I am wili.nc that tbey should do so, and especially lo compare com-pare it wuh ibat of tbt boy Dykes. You wtllobserve ibat I have oniiUed reference to Miea Owen's testimony, I and this because I can come before you sincerely bslieiioi( (hat we have made out a perfect eaee witnout her testimony. ii it I do uut propose to slight htr. We constantly find her in a aad Mtato of mind in tears cr in rage, and tbis alter following tbis man thousands ol miles lo uiurry him. Is this consistent with a happy stale ol mind, and the fact of her diotrecs tendi to establish Ibat the olher marriage had actually taken place. By Mrs. Foreman we have tbe aesertion that Carry Uwen said to Miles: "II sbe is your wife, what am I, " and in tbe croea examination ihe fatal btttnieut to the dflenee was drawn out lhal it was the impression ol the witness and all those at the wedding parly that Miles bad married Emily Bpeucer. Again we fiud that MiltB, notwithstanding tbe fact that bis marriage with Emily Spencer bad repeatedly boen mentioned, never deuied the statement. It nowhere appears that be ever denied the marriage with the lady, though ibe assertion waB thrown in his teeth. Tbe defeoee, tbem selves, must admit that wo have made out a prima i f'uvie case, yet they have nf-ver whown tho registry of marriages. Mr. Beatty here read from tbe ordinance incorporating incor-porating the church, in which it is stipulated that a registry of marriages aud births shall be kept for Ihe benefit of members, and I any in view of ihe act that the defense do not bring that hook here, 1 take it that tbey daro not. ri.au ue uui tutu uian il-u no alleged, they cculd have brought that bock, and thus dissipated our ground. Lastly I desire to allude to tbe testimony ot Mi a Oweu. I desire simply that we shall do this lady jubtico and to call attention to tbe statement published in tbe Herald, contradictory of the testimony given later. Ouly look at this matter fairly. She knew him early aud loved bim; he went to aoa, and wrote to her; alio hears that tho vessel ban beeu wrecked and understands that he has gouo to tbe bollun. Years alter Miles came back as a Mormou missionary; her girlish love bad not loft,, and be easily converts her; bo cannot marry her there because the church does not allow it; just belore they were about lo come here he told her that be was engaged to others, butdecWred he would give tbem up for her. Aa soon as he gets hore ho telU her he will not make her bis n ret- wife, aud puts his foot down. She baa loft her friends and homo aud come among Blraugers; liltle by little sbe yields, and while in this deplorable de-plorable state eho consents to become be-come tbe second wife. This grew out of her fervent love for him, and under it and tbe circumstances under which she labored, we see ber continually wavering from one sido to the other, and tbis I thiuk oxcusee her peculiar course. All through the case we find the testimony ol Miss Owen corroborating that which has been given by others, and I think that ibroughout, her testimony boa been substantiated by that of the other wilueBses. Her manner, loo, was Buch aa to convey an impression impres-sion of truth. Now Irom all tbe facts introduced I claim that we have made a clear case as to tho defendant's defend-ant's guilt; and what hue tbe defense done lo controvert our testimony? They have brought the man Connelly here to cootradict the statements of his sister, and let me say that J never saw a witness on the stand whose answers and manner conveyed a greater impression of truth. Tnia man conlr&dicta himself iu some very essential particulars, aud there is nothing iu his Btateuients to contradict contra-dict tbe testimony of his sister, and with the exception of this man and Canaan they have introduced no rebuttal. I will leave tho case here with you so far aa I am concerned. Judge Tilford then began the argument argu-ment for the rielenso. The constitution constitu-tion of the United Siate3 provides that every man accused of a crime shall be tried by a fair and impartial jury. This constitution and its provisious havo been made appliablelo the territory; ter-ritory; and later by congress it waa provided that the juries should be made up in a certain manner, and out ol the 200 names, hall was to be selected by the clerk ol the district court and the olher half by the judge of ihe probate court, in order that the jury would have some- opiuious, feelings feel-ings and sympathies in common with the defendant himself. Tnia was the benign intent of tho law but it hasBO come to pass that there is not a man in tbis jury that has sympathies in common with the accused. ac-cused. I have made thia aesertion only lo entreat you that il you eulen d into tbis Irial with any shade of bias against thia defendant, that you will discard it aud treat hiui with the same coneideiation that you would one of your own feelings. I would call attention to the remark of tbe naeia'ant district attorney, that tbe trial embraced the law ol government on the ono Land and the Mormon church on the other. I take it that you will not look at it in this light, nor will tbe court. Thia waa not intended to prejudice you, district attorneys never attempt at-tempt auch a thing, no matter what other attorneys may do. I would guard you against the fatal aud common error of being prejudiced against a man because ho ia accused of a hated crime. 1 have seen men brought into this court, their bonds dripping with blood, with tolerably strong proof again&t them, and boen convicted and sentenced, and I have seen a man tried and committed for stealing a crooked old horse, sentenced sen-tenced to a longer term in tbe peni tertiary than the one whoso hand was imbrued in bis brother's blood; and thia is because ol tho prevailing prejudice. Tbe defendant ia accused of bigamy, and il will be conceded by the prosecution prose-cution that it devolves upon tbem to prove the charge stated in the iudict-ment. iudict-ment. We wiil concede that a mar-jiago mar-jiago took place between Owen and Miles; then we come to the question, Did Milea, prior to tbe marriage with Owen, enter into a legal marriage with Emily Spencer? Now, Miles is entitled to an acquittal, unless bis guilt is proven beyond a reasonable doubt, and it dues not rest upon tbe defendant to establish the lact that be did not marry, aa stated in the indictment. indict-ment. Certain slipdatioun are necessary to be performed in different elates to establish a marriage, but all that is necessary to constitute a marriage in Utah is a contract between competent parliea to enter into Buch coutract, and it is thereforo uccejeary to bo shown that these parties did enUr into such a contract; and a marriage in tact must be established beyond a reasonable doubt in a bigamy case. Our proposition simply ia thai Miles did not marry Emily Speucer, and consequently our case is necessarily a negative one, aud the charge must be proven by tbe prosecution, and it is therelore apparent that we could not ofler much testimony. How in the name of heaven, are we going to prove that a thiDg did not take placn, unless it is by showing the inconsistencies of Ihe evidence adduced lo prove ihe affirmative. For instance, Jubu H. Mile?, in tbe privacy of a room, ie. Is Mis Owen, according to her tUtement, lhal be had married Eui:iy Spencer. Now. uow i; i; possible lor us to bring witnesses wit-nesses to prove that be did not say it, when there were no witnesses prteul j by wiiom suh a fact couiJ be proved?! I shall first call your attention to . the Jesiive seen at Mr. Cannon's ; hnuee, with drawn curtains.and which i opened with smiles. According tj the ' testimouy, tLMs wedding reception was given to Vlles and Owen. Ishall reler to the iteliuiouy of tbe prosecu- i lion in two parts -Ibat of Miss Uwen and that of tne other witnesses. Judye ! Tilford then referred tn the testimony j ol Mr. Cauuou and Mtsa Elix- Foreman, Fore-man, which went to show lhat the I BUpper vss given by Miles, paid for by turn, at hia request, lo commemo-jato commemo-jato h s ruarriiige with Owen, -and net for plural wives, and tbis tact stands out uncou trover led. Another witness wit-ness testifies lhat sbe was invited to such a wedding; aud relerrtd to the testimony of ihe boy Dykts to tbe effect that he heard Miles call ihe woman oo the stool bis wite, and the lady Foreman thai Owen said: "You have culled her your wile, what am I?'1 and other statements to that eflett, to norm of which it appears that Miles either tsseuted or interposed inter-posed a deuial I was lavorably im-pretstd im-pretstd witb tbe appearance ol Mies Kate Connelly, auu think she substantially sub-stantially told what she knew; but il appear to me tbut the is a etroug partisan of Miss Owen; and I thiuk sbe is mistaken wheu she says Miles introduced Emily Spencer aa my wife "Emily M ilea;" became it ia not customary fur persons tj introduce intro-duce l heir plural wives by anything any-thing other than their maiden auyone else heard this introduction, and it ii ouly reasonable that she has made a uiistake. I ttnn- the is bgaiu mistaken iu another particular. The biy Dykes tells a'l lhat took place and ho is too young lo have any inter-tbl inter-tbl in tuis matter, aud I will show you tbe dillerenee between bis leetimoiiy and that ol Kute Connelly Nuw bow is it the boy cou d hear everytbing yet did not bear what Mifa Cuunelly eweurs to, lhat Miles sa.d he would be "a scHiiip Id turn bis wifu out nu the first night." It is apparent tnat Miss Cjiinelly hue lei her sympulbies iuu away with ber. We have tho test i-imouy i-imouy ol Meters. Weils und Smith about what took place iu the Endowment Endow-ment House, end ihui of Mr. Taylor about the interview. From lhattesti niony it is shown that tbe paitiea led him dissatisfied, and lhat Julia Spencer Spen-cer ia the ouly oue lhat exprecard any willinguesa to follow tho counsel given. Then we have a statement ot the dif- (ereut kinds ol marriages. We then have a sceue at Connelly's house about a week later, about tbe order of marriage, in which it was stated that Emily was lo be tbo first wife, Owen second and the other third, and that these ladies were discussing the matter. And it is assumed that Milee was not asleep; that he pretended to be asleep, hut was net, which ia interred in-terred from tho fact that he sot his teeth upon a piece ol candy put in 1 bis mouih, and I argue that this ; testimony ia ot no value unless it is shown beyond all doubt that he was not asleep. Tbey cannot bold us re-1 re-1 sponsible for Messrs. Wells and Smith, whether they are tell in is the Irutb or not. Wells says "i swear I do not recollect i marrying Miles and Spencer that day; that I do not know Emily Spencer;" and 1 do not think ibat General Wells is subject to animadversion on that account. After having performed forty five ceremonies ou tnat day, I question if Wells' life depended oo bis answer that he could state particularly par-ticularly that he did or did not know whether he married them. It is, therelore, nowhere buowo that a marriage mar-riage took place between Miles and Bpeucer. AU upon eaitb ayaioat Miles is that be did not deny thesUte-meuts thesUte-meuts of Miss Owen. Not only must it be proven that Miles and Spencer i were married, but lhat it was a prior marriage to that witb Oweu, and the Idemaudaof the law that a marriage has actually taki n place have not been , complied with. There is not a sein-Itilla sein-Itilla of evidence lhat Miles ever co-1 co-1 habited with Speocer, went anywhere i with ber, or ever did anything to indicate in-dicate that he had married that 1 woman. The evidence given here may be sufficient lor a presumption of marriage, but it is not sufficient to prove a marriage in' fact. I will now look at this case ai presented pre-sented by the tfstimouy of M'si 0ven j Receta. Afier recess Judge Tilford resumed his argument, again repeating that jhe had come logicully lo that portion of the testimony which would treat ol the btatements of Miss Owen Male, I Male Owen or ucn name. 1 shall speak ol this lady not as my feelings prompt but as my duty compels, First, ber history, which precedes ber advent in this country, when niy friend I Beatty described tlcquently the inducements in-ducements ottered by tbe L'jthurio i Mi.ee. From her own statements 1 Bhe joined tbe Mormon church in 1876, when it waa presumed Miles was at tho bottom of tbe aea. Not the inexperienced girl my friend hau 1 made ber, but a governess, accordiug to her statement. Milea cornea lo England as a missionary, aud the re-ilutious re-ilutious are renewed. Ho candidly told her of his relations aud with these olher girls, and she knowing, consents to bu the first wife, and follows fol-lows Miles across tbe ocean to Ibis country. You could too tbe manner of this lady upon tbe stand, and ber deportmeni while she eat at the hack of tbe district attorney, ready to appreciate ap-preciate any triumph made by the I prosecution, and showed tbatappreci-i tbatappreci-i ation or disgust. Next sbe has Bhown a great deal of animosity to tbe defendant. de-fendant. You must have eeen it in ber manner, and she has admitted it in her own assertions, tbat'she would marry Miles first and then kill cr poisun him. Then I Bubaiit as a prop Dti lion of law that all confessions made and detailed by thia lady, must be taken with a great deal of caution, and again that ihe Btatements of an accomplice cannot be taken as evidence evi-dence without other corroborative tectimouy; and from her own admis-Bions admis-Bions sbe comes into tbis court, &ud proves berell to be an accomplice lo tbe crime alleged to have been committed com-mitted by the defendant, fur she herself her-self admits lhat she eu:ered into ibe relation with Milea knowing that he waa to marry, and after he had married mar-ried other women. You will all agree with me that there was no marriage iu fact at tbe bouBe of Cannon; the marriage if it took place at all, took place in the Endowment bouse, and (he sole witness to this fact is Caroline Owen, and has there been a witness before you Ibat has corroberated a particle of ber testimony? testi-mony? The law says her testimony alone ia insufficient to warrant a verdict ver-dict of guiity. But I thiuk I can show you inconsistencies in tbe testi mony of this lady wbich will show her evidence to be totally unreliable. We ses ber going lor Milea, alter sbe had been rescutd by Marshal Shaugh-nes?y Shaugh-nes?y and the Christian ladies who had assisted in rescuing her from the bouse of bondage and then runs. Her motive for going afier Mi If a is that be bad stolen her clothes; and in ibe eamo breath she tays she allowed the rcgue to sleep with ber whenever he wanted to. Laier on she tUa us that ebe wanted to go back to him because she loved him so mucb. Now are these not inconsistencies? All ber statements -how that wo bare not got the bedrock facts iu this ca-e. Next she tells you tnat .he wrote the letter pubiishel in tbe HtitALD at ihe die ation ol M ee; aud laier that so wrote the letter, , Miles dicUticg every word; and then tells us that eho did it because Bbe loved him so well. Here is he, -a well educated governess, fully able to write or herself; yet she tells us that poor, ignorant, sailer buy Miles did il Now, gtulleinen, I take it that the rhetoric of lhat letter could only have been composed by an educated mind. Tbe statement that he compelled ber to write is too ridiculous. How ah , surd h the idea that that poor little icBignillcaut client of mine could havu lorced a resolute woman like Miis Owen to write lhat letter. Take ber owu statement relative to tbe brutality practiced upun her the bridal night by Miles, and yet ten days alter dies away from those who had rescued ucr, and guarded her, back to the aims of the man who had so foully wronged her. Can you, gentlemen. brIUve such a statement aa this? Nor are ibese Ihe ouly inconsistencies in-consistencies that she has made. She has made several different statements as to tuo time sue tiret heard ol Miles' marriage witb Bpeucer. In ber own statement Bbe said Wells asked Miles win n tbey were kueeliDg at the altar, " Where is your other wile?" Milea said never mind, but Wells aaid it is her privilege to give this woman lo you. Later ou she tells us tnal Milea said he bad married mar-ried Spencer while tbey were at the uhornacle block, alter leaving the Endowment House; and Blill later the said, in reply lo a question, that she brnt heard ol tne marriage from Kate Connelly a; Caution's house. All ol these statements cannot be true, aud I shall take the ground that the first iulimalion she ever got ol the other marriage was from Cocuelly at Caution's houte. Had it taken place at the altar, I say she ever would havo forgotteu it: and evtry lime she had been questioned i as lu wuen she first heard, she would uuhesitatiugiy have said at tbe altar, first Irom Wells' lips, then from Miles. She remembers Ibo aclual words and tbe occurrence by which tho first intimation was received from Connelly. Still later on she ogain says the firot lime ahe beard of Miles' oilier marriage was Irom Miles outside out-side the Endowment House, after tbey were married. Accept auy statement you please, you cauuot rely ou auy ol tbem at the expense of the defendant, and I sy her story iu as palpable an inconsistency aa waa ever presented belore a jury. Hurely I Bay a proaeculion waa nttver more fairly treated tbau we treat tbem now; Bince we toko ooly the testimony taken Irom the lips of their owu witnesses. Judge 'lil lord bore read the letter Published in the Herald over the signal ire ofMiss Owen. Nov?, gentlemen, gentle-men, we must believe that this communication com-munication wua written by herself and voluntarily, and ehe was aa capable to tell the truth then as now, Heiven lorbid that I should Bpeak so ol her. but I use her own words in speaking ot it, that "it ia fuli of liee." She says ahe did it because ehe loved John Milea. It ehe would lie for love, will she not lie from revenge. Take either horn of the delimma, and tano as a lie the statement published in the Herald, I ask you are you prepared pre-pared to throw away the liberties of a man, to blast his lile and brand him aj a felou ou tbe statement of a woman like ihis? Sbe tells you of tho garment worn by she herself and Ibat by Emily Spencer; that they wero the same, and if sho can remember lliete narmenta now, sbe could remember remem-ber them when sbe give ber testimony testi-mony belore Judge Sprague, and then she swears sho did not until' e tbo garments I a ken of! by Emily" Speucer, yet six months' after she undertakes to describe garments ebe could not describe theu. she hs not pruveu a marriage be-t.ceu be-t.ceu Speucer and Miles. Tate Ibis evuleuue in auy court in this country, and the cUim ul marriage could not potsibly hold gocd. According to the blatemoLt of Miss Owen about the occurrence at the altar, there is not one tcinlilla uf evidence that even Miles and Owen were married, Sbe says Wells muttered a few worda and tuey rose and were married. I ask, iu ihe name of common eeuse, dyes this constitute a raarnagt? and I take it, that if Miles and Spencer, eveu, went through tbe same performance as did Miles aud Miss Oweu, they were not married. The reason we adm it the marriage with Oweu ia because ihe ceremony stated was followed by cohabitation, and there ia nuwbere to be found a particle ol evidence showing show-ing that Miles cohabited with Spencer; Spen-cer; and admitting that the ceremony took place at the Endowment House, as described, betweou Miles and Spencer, Spen-cer, intra waa not a marriage whatever, what-ever, aud there is no evidence to sb ,w that since tbo night at Caunun's house he has ever seen Spencer, Judge Tillorii then referred to the discussion regarding tbe significance ol the garments worn, which mailer had eeeu discussed in Gsneral Wells' contempt case, You eee, gentlemen, this case rests upon the testimony of Miss Owen, and would you, or could you, if ber testimony wero stricken out, find a verdict of guilty? I declare that, witb one exception, a conviction has never taken place upon the confessions of the defendant alone, without corroborative corrob-orative evidence. Ihe judge appealed to tho jury to avoid all prejudice and to render ren-der such a verdict as would 1)3 sanctioned by reason. Though not from the law books or the Bible, I will tell a story: Some time siuce a poor fellow shullled of! tbis mortal coil, and appearing at the gate of heaven, St. Peter appeared and aaked him where he lived and where ho died. "Iu Utah," baid tbo man. "How many wives bad you?" asked St. Peter. "One," was the response. "Then you may go to purgatory," said Pt. Peter. Shortly alter another person appeared at tho same placo, and tbe same interrogation was gone through, Ibis applicant for admission, stali ug, however, lhal be had two wivea while on earth. "Where did you live?;' asked the archangel. ''Iu Utah," waa the response. "Who was judge there?" followed. "Judge Emerson," replied the candidate fur Paradise? "And who district attorney?" attor-ney?" "Judge VanZde," waa the answer. St. Peter thought a moment, then said: " gues9 you bad better come in you've had your hell on earth, if that's tbe case." I Judge VarjZile made tho closing argument in the case. He said he was reminded during the argument of hie brntner, Tilford, ol a statement 1 of bis old law tutor, that one gocd witness was worth ten good advocates, and while his brother, Tilford, may be the embodiment ol ten good ad vocates, he has not got one good wit- ! ness. Now, I am hero to say that I am going to try John Milea. I don't ' care for the opinion of Salt Like nor the sympathies of Ihe jury, hut I am i here to say that Miles first married i Spencer and afterwards Owen. My 1 friend has ingeniously told you to be I ware of prt judico and lhat the im- t pression has gone abroad that poor i John Milea is not having a fair trial, i though not proven by ihia case. ' Not became tbero are no Mormons t on this jury, for you have been i selected by a provis'.on ol a eUltitc ot I iuh territory. ' Now, weal is it necessary for the p rust-cut ion to prove? Let us first ( consider what Hie roo: is o' the marriage of Emily Spencer, I assert : here, that hud I not calltd Oweu on the stand, you would still have Leen justified in convicting-, for a prima Jacic case has hetn made out, no contrary testimony having bceu brought before you. Aud his honor will lell you, il asked, that circumstantial circum-stantial evidenco is olten the best, and it iu staled by good lawyers that circuaistunces never lie. Leave out Owen and Connelly, aud the admissions, admis-sions, and what are the circumstances. circum-stances. Il is not disputed lhat Miles went to Euglanu; that be again met Owen; that she came to Salt Lake wiih bim; that when the engagement en-gagement was renewed, he informed her he waa engaged to marry the Spencer girls. These Btatements a-e uot Disputed; cor thai Bhe waa to be first if Taylor would allow it; that she came to Utah with that understanding; understand-ing; that they talked to laylor about it. These are facia Dot contradicted. Here, without doubt, the intention of tbe defendant to tako more lhau ouo wife ia proven, aud lhat tbe only question waa, can Caroline 0vcn be first. Now unless it appears circum-atanoea circum-atanoea arose that poor liltle Joun had altered lhal intention, we still have circumstance to prove it, with- i out the admissions. You don't know ' but poor John Miles can talk as eloquently elo-quently as my frieuil Tilford, lor the contrary ha int beeu proven here. He was, however, chosen as a Mormon Mor-mon missionary, on accouut of hia burning elcqueuce for aught I know. If be could have married her first, why did h9 ask coucBel? because he -knew Emily must be first. You see Owen, Kate C-jDoelly and Jobc Miles at Connelly's home, and a discussion dis-cussion of this matter fouk pl.nce, and it was there heard that tbe intcntiou was that Emily Spencer was to be first; and the matter was talked of before Miles aud bis stepmother, and yet ebe is nut here to testily lhal this coaversa-lion coaversa-lion did not take place. The next thing is lhat Emily Spencer is seen in the Eoduwmeut House ou the very day s'jt lor the marriage, so also is Miles and Caroline Oweu. Waa it a gbosi? Our friend Daniel Wells refused re-fused to tell us about ihe green apron and the slippers, but when I called Caroline sho testified as to what Spencer wore, aud so far as Wells would testify his statements oorrober-ated oorrober-ated her. Wo soe tbia group logether on all occasions; why is il? Take the reception and leave out tbe circumstances circum-stances of Milea introducing Emily dpencer aa his wile but introducing ber as Emily Spencer; look at Milea taking Owen ou one arm and Spencer on the olher to the supper; does this uot look liEe a circumstance? and take the testimony lht at tho break- j lug up ol Ihe party Carrie went home alone and Miles went away with Emily Speucer, and say this ia not significant. Take these circumstances aud I thiuk I have made out a case when these circumstances Bland uncontradicted. un-contradicted. Miles in tended to marry these girls, and uuless his whole intention in-tention was changed, it ia but reasonable reason-able to ioler that be did marry them. If tbero whs no evidence lhat Miles first married Emily Speocer, Ihe statements of John Taylor about Ibis mutter are sufficieut to prove it. John Miles would rather loae bis right arm than disobey tho Cuuuael ol John Taylor, and he must have married mar-ried the oldest first, if be married them at all. It seems thai Emily hud had her endowments before and lhat when Carrie came out of the sealing room she sees Emily takiug oti her robes; ho leavts that bou-.e with Carrie, aud there is do evidence to Bhow that be went back (o the Endowment IIouBe. Brother Tilford 1 tells us that it ia customary to 1 call all wivea by their maiden ' names; but he is not under i cath, while I have always heard that 1 only plural wives are called by their I maiden names. By the testimony ol ' Katie Connelly it is shown that Miles t introduced Emily Spencer as h e -wife Emily Miles; and Tilford even I compliments ber aDd Leo Dykes for t tneir candor and truth; and in so doing it seema to me lhat be gave J away bis ca?o. Loo Dykes says he he heard Miles call tbe woman on fe the piano etool hia wife, and Katie Connelly Bays tbat was Ihia Emily I Spencer, aud thia is all I need say, 1 lor here the case ia proven. To the r lUtement ol Carrie tbat she would ' take the head of tho table though she I ad no right to it, Miies makes i.o t reply nor does Emily Spencer. Do S fou liiink Miles did not mean it wht-n c :ie said be would not (urn cut Emily b ipenaer the first night tbey were ; t named. Now gentlemen of Ihe r ury, John Milea knew lhat he we I it narried lo those women, and be was ; r n earnest, W by, geut.tmen, I taut ; vt l lhal there is evidence eorugh in i I' bis case to bang a man as huh a- ! d riaman, if lhat were Ihe pen-Ity. jd there is not a circums'.anre or link I " )f evidence in the cuain nn?uing, the ' p ;ts? is wiicley pn.vr-u beyond nuy rea-1 L iocablo djubt, and I lay eside ihe rule f of a reason a bl -3 doubt, I say it is proven beyond any doubt. Thus far I have left Carrie Owen out of tbe cose. When Ihev sny, I am bound by what Joseph F. Smith , and D. H. Wells emwir, I tay I thank God for it, for lueir manner is all I want you to look at It was in their power to kflock ihia pro-ecutiou ao high that it nevtr cou d have come dowu, Wells could any I il:d marry all the persons in the Eudowmeut Eudow-meut House tnat day except those married by Joa. F. Smith, aud I did not marry John Miles to Emily Spencer; and Jus. F. Smith could have done the same thing, and I never could have recovered from it. Idon'twautto Bay anything harsh, but I believe that Denial Wells mar-Tied mar-Tied them that duy and knew it. Too many clothe themselves under the loop bole that they don't remember. I asked him if ho would ewear tbat he did nol marry them and ho said be would not, and I fell you this answer is evidence to you, and it otnkes me that he has given evidenco lo the contrary ol what be baa stated. If John M ies knew tbat be could have brought witnesses to prove that he did not marry them, then he is an 1 ignoramus, and aa tire bia couusel, or they have not done their duly. Bui tbey ate too astute lawyers to miss a point; and the fact that tbey did nui bring iheao witnesses is because tbey cannot do so. "Ou I you can't prove a negative," eayB my brother; to do I; but I can't conceive more fl;m?y excuse. Katie Connelly tmows tbe gauntlet iu their teeth, that Milts called Speucer his wile. Yet ol tbo thirty persona at tbe reception not oue prraou hi3 ! beiJu brought, lo take u ibis g un:-j un:-j let. Where :ire Ihe Cmuouboya, i who saw and henrd what Leo Dyk-s ! saw arid heard? If ho did not tell j the Irutb wher are all lliooe I wbo were present? True, Ihr-y brought Cuunelly to disprove the conversation. Why, to lake and si:t that man's testimony would ho crutiiiy lo instcts. it is eo apparently conflicting. con-flicting. Yet tbis nun, a brother, void even of that love he owci lo a Btranger, turns his sister out of doors, ao interested wag be lo try and keep tbe facts from the jury; yea, and he would even come upon the eUud and awear that that sister lied. Isn't there pretty nearly enough testimony here, if we were to Ko no further, for you lo eay that beyond auy resouablo dnuU this mau did marry Emily Spencer? My friend tellB uh that it baa uot beeu proven; tbat Milea did not cohabit with Soeucer. It is uot necessary to prove it, hut thcro ii a tuspicious circum-itanco circum-itanco ol his leaving with Emily Speucc-r and did nut get back till 1 or 2 o'clock. My friend ba ailauked tho testimony testi-mony of Carrie Owen. I have been loo long in cases lo expect au thing else. Yuu haveaesn her cu the stand, and that ehe id a lady, accomplished aud educated, and her pi?t life ie seeu lo be loo noble tj be injured b anything that my brother, Tilford, could say. By her hard study, her character, sbe waa takeu Irom the school where she graduated and was made a teacher, eo reliable was ber character, She is uot the bad wninnn made to appear. I would lo God she was with her aunt in Old England, and had never Been John Mi.es I (Tne audience here commenced applauding.) Why, gentlemen, can't you see the reason lur tbis action ? How often have bright, accomplished girls rua away from home witb the greatest ecalla-wagi ecalla-wagi lhat ever breathed? Would you call tucti girls bad ? Then, gentle-neu gentle-neu ol the jury, when you censure Jariie Oweu, be careful that you do lot do lhat which yuu should not. lier love lor John M'lea brings her rom her home, and ficdiug she could aut be firsr, wh willing to be i-ecoud, bough she strove bard to be first, and fohn Miles did Dot love her enough o eay: I will be true to tbis woman hat I have brought with me, church ir no cliuri'h, Jubu Taylor or no John ay lur. If be had only been a man md stood up ai,d married this fair ;irl. Milea was arretted. Ho hid no lime 0 make preparation?. On going to icr room that night he aaid: "I'll uake Bure cf ynu." an 3 it is probab e ie was carelul ol not going lo meet Drnily Spencer on that accouut. .arrie tealibtd before Commicionor pr gue, aud it is po:-iblc ehe did nol xpiam Imsell a explicitly us - he i-ts done now. People going through hat house swear an oath never lo evel wh.it lakes place tnere, and it 1 pu;tible that horrible o&tu was still .ogttj in her ears and Bhe did not '.m. lo ttll it. He m..dc her write a tier iu tbe Hk:ia1d; t:-,at contra-:ctid contra-:ctid her former testimony. I do not -j y th:t ehe wrote it; bat every-, here Ctrrie appeared with that: ptr, J -hu Mncs is by her b:jV. louL-l S iuihu''--y iri jlr fUnd, I .vjre that be heard w tf'- would have in mako a public, rotrac-I rotrac-I l,on nf what sbe had said belore he I would lako her h,.ck. Did he lie? Sho loved John Miles and wanted to 1 go back to bim, and no oxcuse was loo bimplo. He named the price, and j she paid it, and that was tho article in the Salt Lake Hkiuld. She went back, tbey go down lo St. George aud he throw it flmntingly in her faco lhat lie married ber for his second wi e; and he fold ber bbe could go to Salt Like and lell the damned lawyers; they can't couvict me, "II I do not convict bim it will not be hectiURQ I havo not tried." Judge VauZilo theu claimed lhat the statements state-ments made by Carrie Owen relative lo the first time she heard of MUfB' marriage with Emily Spencer, wero not inconsistent and argued with a view to reconciling tlic-m. Bclcre closing I will state that you are to try this ca?o by the evidence, evi-dence, and it seems Lo me that in the arguments made by coune?! tbo preponderance of authority ia oo our side. Admit that Carrie Owen is uot entitled to rank in the Fncietv In which she now belongs, it is still no defense for Miles; be would be a bigamist if he had married tbe lowest womau ol the town. It being after 6 o'clock when Judge yanZtle concluded bis argument, the jury expressed a desire nut to take the ease until to-day and tho judga withheld with-held hia charge until 9 o'cWt this morning. The case will then be submitted sub-mitted to the jurors for their veidif. |