| Show HE HIT IT franklin S richards in his eloquent plea ISi elsen before the united states supreme court on the twenty second of struck the keynote to the situation of affairs in aliis territory when lie said but there are some matters which are 50 guidi a part of the 01 affail in kiili that I 1 hope I 1 may without im propriety allude to them here the present condition of affairs there war inta alie assumption that unless some estem of multiplying prevails ouch as is here attempted prosecutions for this class of offenses will soon cease and the vexed question be settled the jury law enforced in utah practically excludes all cormons mormons from serving aa grand or trial jurors in this class of cases and as a rule jurors are selected by tho united states marshal on open venire how far under such cir cuir stances this statute will be made an instrument of oppression if you sanction what has been done in this cise I 1 will not pretend to say nor will I 1 say that it was to delay or prevent this settlement that the mods of procedure was adopted which we are opposing in this case but I 1 do say that such must necessarily bo its effect everything that tends to magnify the important of these offenses and the extent of these practices and every means that are employed in suppression which bear upon their fice any semblance of disregard for the personal right of the accused only tend to delay instead of hasten the colsum mabion so devoutly to be wished the experience of ages lias demonstrated that fair impartial and humane methods are always more effectual in producing obedience to tho law than arbitrary oppressive and cruel means while the one cauree induces respect for tha law and obedience to it the kotlier engenders an opposite feeling and is apt te result in every possible evasion of the law mv excuse for having ventured the observations ions upon a moat delicate point lies in the fact that this case is but one of many like basea that are now pending in the courts of biah if your honors hold that aliat has been done here has the warrant of legal authority the strong temptation and stimulating effect of lib eral fees and considerations will I 1 fear induce the bringing of a vast multitude of such prosecutions and while individual defendants are being crushed by legal penalties the whole people will be made to suffer because of the exaggerations thus given to the actual committed in their midst |
