| Show I I I I k The dIstrict district district dis dIs- reopening of or the Third court by Judge McKean In Faust's hall ball on September 18 1871 marked the beginning of prolonged proceedings against the practice of plural marriage Drastic measures were to be resorted to it was af afterwards afterwards at- at seen and prosecutions were vere to be made under a statute en enacted enacted enacted en- en acted several years ears before b by the territorial assembly This was wag as assaid assaid assaid said a drastic law It fixed the maximum penalty for adultery at Imprisonment In Inthe the territorial prison pris priS- on for twenty years ears and a fine of or 1000 the law also fixed the punIshment punishment punishment pun pun- for plural marriage at five fi years In prison and a fine of ot Under the provisions of or the law there Was no time limit for tor prosecutions prosecutions prosecutions nor could an appeal be taken to the supreme court of the United States The intent of ot the law according according according ac ac- ac- ac cording to Apostle Whitneys Whitney's History History history His His- tory of oC Utah said It Is a well known legal ega maxim that courts In Interpreting laws must be governed by the manifest intent of or the lawmakers The Utah legislature in enacting the law against the practices cited had not intended to strike at plural marriage marriage marriage mar mar- all or most of that body be beIng being belag be- be ing lag Mormons some of them with plural wives Governor Young who had approved the law was wen well known as ag to his method of living and the proposed prosecution of men of this class under the territorial territorial terri tern tonal statute was looked upon as wresting the law from Its true pur pur- pose YOUNG INDICTED Be that as it may early in October October Oc Oc- tober 1871 the grand jury brought in an Indictment against President Brigham Young the basis of or the In Indictment indictment indictment in- in being that he lived with his plural wives Tom Fitch cc counsel counsel coun coun- un- un sel for tor President Young asked the court for an extension of time and he also asked that bail ball be be fixed and President Young admitted to ball To this request General l Ia Maxwell who nho was receiver for the land of office office of- of fice flee and who had voluntarily tendered tendered tendered ten ten- dered aid to the United States attorney attorney attorney at at- torney in his prosecution tion objected to admitting President Young to ball bail and Judge McKean coincided with the objection and declined to permit lermit the president of the church to be admitted to tail hail The extension extension extension exten exten- sion asked was granted and while the request was bail was denied President Young was practically permitted to go upon his own recognizance recognizance recognizance and to answer to the court count when required Mayor Daniel H. H Wells George Q Cannon and H Henry nr W. W Lawrence were likewise arrested arrest arrest- ed Henry Henzy W W. Lawrence had been connected with the and it was said that his arrest was to give a show of impartiality l In hi the proceedings In the court Then President Young was finally admitted admitted admitted ad ad- to bail In the sum of MOVE TO QUASH Counsel for the defense after President Yo YoUng Yong ng had been admitted to bail ball moved to quash the Indictment Indictment Indict Indict- ment and on this motion a prolonged prolonged prolonged pro pro- longed argument was vas had occupying more than a week Judge McKean on October 12 1871 handed down his decision overruling the motion Defendant Brigham Young then en entered entered entered en- en a plea of not guilty In handing down the decision Judge McKean said Let the counsel on both bath sides and the court aso keep leep constantly In mind the uncommon character of this case The supreme court of California has well veil said Courts are bound to take t notice of the political and social conditions of the country they Judicially rule It Is therefore proper to say that while the case at bar is called The People versus Brigham Young Its order and real title is Federal Authority versus Th Theocracy The government government gov gov- of ot the United States founded founded upon a a. written constitution constitution constitution tion finds within Its jurisdiction another government claiming to come come com from God Imperium God Imperium In Imperio Im- Im perio whose perio-whose whose policy an and practices i iare are In grave particulars at variance variance vari van ance anca with its own The one ne government government government gov gov- arrests th the other in the person of Its chief and arraigns it at this bar A system stem is on trial in the person of Brigham ham Young Let all concerned keep this fact steadily in m yiEw view and let that government government government gov gov- rule without a rival which shall prove to be right night |
