Salt Lake Tribune | 1913-02-07 | Page 14 | Acquitted by Aid of Constitution

ACQUITTED BY AID OF COiTITUTION Wife and Mormon Elder Not Permitted to Testify Against Wallis. On the constitutional ground that neither a wife nor a clergyman cau bo examined as a witness in a criminal proceeding against tho husband In the ono case and against one who has made confidential admissions iu the name of religion in tho otbc.r cac, except with tho consent of the accused, Samuel "Wallis, charged with a statutory crimo, was dismissed by Judgo P. C. Jyooi'bourow yesterday. The only two witnesses against Wallis Wal-lis were his wife, Susatmah Wallis, and Thomas Blake, an older in the Mormon church. Mrs. "Wallis was sworn as a witness, but before hor ex. animation had progressed beyond the preliminary stage counsel for Wallis made general objection to further testimony tes-timony from her, quoting the constitution constitu-tion as authority. The objection was sustained and. tlie wife was dismissed as a witness. Tho state then produced Blako, by whom it was proposed to show that Wallis bad made admissions concerning concern-ing the offense for which he was being be-ing tried. Objection was made again ou tho same crouud, uud the court sustained it. Elder Blake, it appeared, had come into posscssiou of his knowledge knowl-edge of the case through having called at the Wallis homo in tho capacity of a "ward teacher." The state then moved tho dismissal of tho case. Section 341-1, chapter 109 of the state constitution defines tho grounds on which Wallis obtained his freedom. Tt pertains to confidential and privi-, loged" communications, and sots forth that a wife cannot testify against her husband or vice-versa in criminal actions, ac-tions, and that a clergyman or anj ouc holding religious powers cannot be examined concerning matters that he knows of. by reason of bis clerical position.