| Show the tha miles case casa reversed 11 ashington hl n n t A dequinn win was ron rendered dered by I 1 tha h S supreme egl in court of tho united state eitalo to div dav in the co cn o or of john miles ti ill tho united mates mate brought brouil it liera here V hy an 11 5 appeal bioni tile ilia supreme court of 1 utah tie 1 des WAS wa indicted fur for bigioni lit in the third DM triet court Curt utah a ai NAIL hull lilko lake lity city A trill tria was lull had read mid tha jury rendered render etl it a verdict of ot guilty milun to the ha e court tf tile tho leirl lury where tile ilia orrem I 1 gol n t trail dl linned e now ii to this court upon the following fole alignment of errors err arii tint fint that it of the mormon jaich were full fully excluded from tte lie jury second that hint tile ni of nils wira were wi ra d as pr arff ff III iiii llast mar madriago riago und that thu lite tosti faulty of hlf his alle ail wilfrd IV frd it ifa will was ad wilted I 1 to prove irom t alii lo 10 inart of cf NJ shin iles to ID wife cifa number one the congiu eini b ions of this out I 1 are first I 1 iral it la Is evident from uia examination of f the iha jurors on their loir olf dire that hint they believed bili oved polygamy w ana e ot of lud and but tho the practice polygamy ot was obed lonce I 1 aft 1 ilia will of hod at common law would have been cipun ground ui id fr for tile tha principal of jului 11 guilty of flit line let it no argument to lo show low I 1 flat eel a jirry con of a bull behe could riot not havo been free none bias or paju diccie on the ihn trial ti binl lor for bigamy ofa per perd ferwn D who entertained the same buan buln 1 and bitso condi 1 in twe act of living in poly ii chiny lyt but whether this evIt lance Noce of ahm bits bill 1 I or riot not it ll 11 was tie HO found by arii rs and that wit co cleive clui lve decoud that tho district court committed no error in the declarations of alln t to prove artive iia hl firt first go lilt rd ahat tile court below did err in allowing Lii the w alfa ill alilin touching his hii ion I 1 inge wi ml li it lindly spencer tile first if the law of utah declares that a guibo I 1 hall not bo bit a itney for or against his alfi lr or 01 the iha wife fir or against hor her the ahi marciago marl iago nih ni hi h caroline 0 jis was charged cli in tho the dindot none and admitted by him spurt trial the ilia fiat of il ills gulih ru liH marri ith Nt finlly rIlly spencer was therefore thu only besue in the case cabe and that was con colt to the ind of alio llio irlia until unell lite hie not fm t of the iha mare inge of ent ily spencer with al iles was ilij Cu ruline owens WAS waa jul vae facie ilia win end sho alia beald not lint bo be mod na AS SwIt II 11 1811 lacno that us ui long as ahn hi fiill fact or of the first marriage inar la Is conte tuil the second wife wha cannot bo be admit led to pro it it is mado made char ch ar by the tha record that lh polygamous nine are ara cele bratrud ili in atall 0 so o its ai to miiko pi bof of polygamy very liny are ara conducted in fa erel tend mid the persons by they are aro are caidor such obligations to lo that itis it li ali fi facia I 1 Is lioni them bieu upon iho ill WIL wil cistand blasul it both fivos are from testimony to tile mar marringer its in 11 in tile iho opinion of alio llio coin I 1 the bliem bu be te oder aho existing rules of evidence to losli silmon mony to colv ailt lui fur poly ganly in ulah butali U 3 hardly alfI Abl ill IS out to wever a which ought to influence alili court it biumi the hie law A it finds it thi 18 in v tt ith etli e 0 ilg rl ss 1 by y e enact ll 11 nc t ing such aban F in 1 I 1 iho h 1 liaw a w 0 of f e vi d eai e e i in it utah as aa to in ciaio A bulb wives witnesses in nn net indictment for bigamy for the berrot above indicated the tha judgment of the bu court of utah is reversed and the canse remanded for now new trial Jul aultice tice woods delivered tile the opinion joaw |
