Show CHARGE to 10 tle tie ND JURY or OP TH the E SECOND D DISTRICT COURT delivered at dearer bearer sept 8 1874 1 BY hoy uon JACOB S IT S associate jaki GENTLEMEN OF THE TRE GRAND JURY you are now le afy ani empanel empanelled panel pauel led as the grand inquest in and for the second judicial district of olf the territory of Utalia utah and ild iid have taken a solemn oath bath to discharge your duties fearlessly honestly and impartially from tile the b beavy heavy eavy responsibilities I 1 I 1 bill bili ties of that oath you cann cannot qt flow e escape eap cap there is not one of you MW but who 0 has upon oath said that he be hadjid had rio rie regard to finding indictments for any and awid all gtimm specified in the laws of the natron and of the territory it becomes my duty not now to give you in charmein char geln geLu general terms the matters and andoff of fences endes which should occupy your attention referring to the laws in regard thereto and to urge upon you a thorough investigation of the facts of every alleged of nence rence you yom are not to and it is not your province to decide what lg is law and what i is s not that Js i a matter for the court or your more immediate legal ad adviser vier the Assi assistant tant taut district att attorney 0 rne judge Wh eJen to instruct t and direct you in you aro are 0 o examine facts and not the law jaw and in your I 1 you are not tosum summon nur nor have before you any witnesses for the abe tle duc dec defense fehse this is a rule ruie mr oar older than thau aur odi nation and common throughout the nation the grand jutry jury is is the ibe accusing jury the petit jury is the trial jury were you allowed to ex examine amine bo both tIdes sides of amase you would thu thus deprive the court and petit Jurie jurle f bC the powers and duties allitt allotted ed to them you would thus remove pes aes nes aes a ses es from the cou courtroom t toom to the grand jurs jury room I 1 repeat tiit tiie therefore thal that the law allows you only 0 to hear witnesses Ir nesses for the pro YOU are re gent ermen emmen eroen virtually a dual grand jury for upon vou you devolves the donolo duty or of invests of off lences fences against the united states and of fences ices agal agai against list rist the territory it would be adal advisable uble ubie therefore that you divide your investigations into two classes corresponding to tig this division in in the law and first devote your ta timo time me to investigating of offenses reuses bl against ainest the united states and when n through with these turn your attention to territorial matters irr lir ibia thia however even evin as as in your general course courso of proceeding you wili wiil act under unter the advice of the tile prosecuting attorney judge cheden Wh eden the law authorizes him to visit your room at any aby time timo and to cou con confer conder fer witti you and he can que question stion witnesses but neither he nor any one else not a grand juror should be present when whenn a vote vite I 1 is taken matter before you nor should any opinion upon any m case ba be given by any juror in the presence of the Prosecuting Attorney nor in the presence of any one else eise not lot a grand juror you are called to act net as a grand jury now in accordance with a late act of th congress of the U uni na I 1 ted states and not in pursuance of any territorial statute Overa over year ago I 1 sought to enforce the jaws t through rough agran a grand jury djury without congressional action hoping that in so doing I 1 should be sustained ned by the people eople through their legislature an fn in this I 1 wai greatly deceived for the territorial legislature last winter scouted the idea of payl payi paylag paying g the officers whom in til the abse abst absence nc or of any ady one whatever authorized to act acl I 1 had appointed to t taju eju ries rles and tb atten attend tito to the ati othur other r du tie tle of executive officer or of the court tit at that werm term the legislature legh lature thus sly unwarranted hostility to tie tle the anda disgraceful opposition to the enforcement of the laws in utah Some cf the members of that body and others iu in sympathy uin min Vin pathy with this repudiation of bf legitimate court expenses took great pleasure in pointing when it Buit sult echi eiLi their purpose to my action at that time tin din in calling junies uries urles as evI evl evidence denee dende that I 1 had no difficulties in ee curing juries in my district these same persons however well knew that remon iemon t had ad secured cured such juries in pite of defective territorial statu statutes tes alid and in spite of the unfriendly spirit of the local power and they well knew that their assertion of there thero being no difficulties in m the way of getting j juries urles uries and enforcing the laws in this district were utterly untrue and without any foundation whatever Cong tess teis has bas however very lately and very justly come to our aidan aldan ald nid and placed the courts above the control of local and hostile authority such sich action of congress would not haye have been necessary had not a spirit of disloyalty and persistent hostility to the general government existed throughout this whole territory in lri doing this the government Is not prompted by any spirit of persecution r se as some would have you believe nor will you find any federal omm off lelal official in this territory I 1 belleve believe who would desire or countenance I 1 anything like persecution The people in this territory fr friendly eudly endly to the government who have come to this Terri territory tay from various parts of the union as they have the right to come desire only that the laws be respected here as aa el elsewhere sebere in the union that crime may be put down here as elsewhere and not be allowed to stand defiant is as it is doing and has hast done for years in this territory r they want security for life and for property i a higher standard of morals and aud e equal ual and exact justice to all daen baen when men talk to you that the government and its friends desire to persecute any people here bere for their religious opi opinions dious 1 theowell they well weli know that ahat their stat statements e ments are bald falsehoods and they well know that all that is desired is that mit crime shall not continually go goun un whipped of justice with mens religion government has Las nothing what whatever eveir to do k 5 I 1 shall now note amt and call your special attention to somer some of the more important united status states stat utes against crime 1 tiie tire government of the united states owns all the lands of this territory to which they have not given title tille or authorized cobelo to be located or ente reiL yet we nind find that men all ali over this territory for years past have been lilun plundering derInk these ladds lands or of the timber and the legislature itself has had bad the effrontery to convey vast tracts of land and timber to certain individuals its favorites when that legislature isla vuie vure had no more title nor right so to do than you now how have and alid indeed the legislature had no rn more oro bro right to tuy transfer this land and timber than the adversary of mankind had to the kingdoms kingdom of the world which he offered to our it Is your duty therefore to find indictments against all who have cut oft off or destroyed or removed any or of such timber from any auy a ki y p public bublic I 1 lands ands and in lil this as in ia every other matter it is your duty to summon all sil witnesses who you are informed or have reason to believe know or of huch buch offense offence having been committed in regard to the entry of lands also I 1 would call your attention to the fact that no man has the right to enter more than one tract and whoever hires hired another man ton toren ter for him is committing an of fenee and should be punished A few unscrupulous men may thus defraud the government of vast tracts 1 jwj it is your duty to examine into every case of imail annit robbery or tampering g with the macirin maich in thiddis this district that may come to your I 1 knowledge the same bame mily maybe be regard to counterfeiting 0 o it is likewise your duty aletto examine into every case of violation of the united states revenue laws there are cases of this kind in the district to which I 1 call your attention it becomes your duty also to in vesti gate the matter of illegal vo ting and indict such as have violated the jaw of congress in thib this re illegal voting cannot be stopped except the parties so voting bo be checked and taught to know that they must respect the laws there is no territorial statute to punish illegal voting and hence hil hii such cases come conle under the united states statutes statute soc goc orthey they are nou not pun at rit all the territorial elda ele eie c tio kioh n law is the best adapted not sto cover fraud of any au election chwi i tir lir have haye ever errer known buvit but bub it cannot coyde cover up un all fraud and in many cases cased where there has been illegal voting it can be detected where the facts do not make out a case in this thia ra erlin in ariy any other matter of course counge you yon cannot indict but must drop it the united states statute against polygamy or bigamy will require your attention it was passed in 1862 and its existence and binding force has been well known from that time to the present yet it has noh nob been respected and every possible means has been used to prevent its enforcement itis now daly daily daiy violated in this territory Terri territory tor and the people have been by the false teachings of their leaders led iad to Igno ignore reft it thee them the e leaders from brigham young down have taugh taught t that plural or polygamous marriages were legal when that law against polygamy stared them squarely in the face and they well knew that such teachings were not brigham youngs suase subsequent bent a actions plainly show this NY he as you have no doubt seen from the public u bi C lir fir prints ints juts has lately acknowledged e t the thu e illegality legality of these plural marriages marriage his answer in the divorce suit of ann eliza young against brigham young has been published in frn three leading salt lake city papers the theR the herald erald and the ap NEWS vs he there in that answer upon oath denies the marriage and then admits that she is his plural plum or celestial wile wide but gives two reasons why that plural marriage was ill III gal first that when it took place he had bad a legal wife mary bunjan goll golf and still so has and second that ann eliza at the time of said marriage and still has a legal hus band baud living if his Anar ringe with ann Eliz awas illegal because he bada had hada a lawful awful wife at the time one whom he married in 1834 in ohio then every other plural m marriage ot 0 his hig hince mince 1834 was and is illegal and void and this beiner being true in his case easo he cannot haye hare the hardihood and audacity to teach his people that it would not be so bo in their cases that answer of brigham daml young is a stinging indictment or of his thirty years yeam teachings and an practices and is a bald and p plain in reputation cf ther the legality of plural lu I 1 marriages and he swears to that answer another of these leaders has made a similar statement and repudiation of polygamy of which no doubt you are aware here the enormity of the outrage upon a confiding people begins to appear they have been purposely deceived for years these leaders have been bold to assert the lawfulness awfulness lessof of plural marriages cormany fon foe many i years but now when brought face tol to face with the law in court they have not dared to assert its legality and honestly plant themselves up on that ground but upon oath deny the legality thereof and repudiate it perhaps you have been as I 1 hae have heard that such false falke teaching Is circulated that those were legal documents and that therefore the false statements were excusable such a thing will do very well to tell to ignorant people and they may be deceived thereby but it will not do for the more intelligent people of all places on earth a court of law is isi the place in which no ne man should make a faire false statement courts seel seek the truth I 1 in n every case and every party coming into court is bound to detail the truth and nothing eli eis because a man is in court he be is not justified in swear ing to and if he is an honest man he will will not do it As to the legality or illegality of polygamy however it does doea not matter whether vb othen ethen brigham young or any other polygamist acknowledges ledges or repudiates the crime polygamy is is a crime whether admitted or not hy by these pera ons a it cannot to 00 a part of a mans rilla religion there Is ia nothing in it which gives glory to god and it is no where taught that crime is a religious duty duly bigamy or polygamy whichever you choose to call it is in not only a crime but a loathsome ulcer uleen upon the body politic and is defrauding def degrading rading to every one oue who enters in into 0 I 1 it t and ana it degrades and gollu pollutes tes the whole society where it exists As far as my observation aud information goes the women wamen are generally hostile to it and are only deluded into its criminal meshes by misrepresentations and false teachings and coun of course there are exceptional cases in regard to this matter and some women here and there may be found who would tell of the beauties of poag amy andy boin the south formerly sonie some slaves could be found who would proclaim the blessings of sl slavery ayery heso these women have deen been taught that polygamy was not wrong when those so teaching were fully aware of its enormity As a their subsequent actions now show the carru corrupting 0 ting influences of this thia institution are seen on eve every ry side woman in iti utah is more oppressed more degma dedmore unhappy than anywhere else eise in the whole united states and the moral of the inen men are be becoming coming blunted and brutalized and their children are losing their finer feelings clinga fe aud and having their natures ruined for nobler and h egber aspirations some men no doubt enter into bigamy or polygamy from conscientious cons clettious con dictions vict ions fons but such ces caes are mare rabe and always amongst the most Ign ignorant brant polygamy indeed win not bear the test of light the test of intelligence it thrives only in the midst of ignorance hence yoli you see the bitterest hostility to free schools in this thib territory on the part of the leaders of this people there is not a free school in this territory such stich a thing ought not to be it is a burning shame rhame crime loveland loves love rand sand and revels in darkness and the people ought to repudiate all leaders who seek to te keep them and their children in ig fg of course it will do ad nis I 1 said sald before to teach ignorant and superstitious people that polygamy is not crime and that the government wants to crush out their rell reli gion but I 1 think american ideas are gaining ground and the time Is ia fast passing away when such ideas will prosper in utah some somo pretend to claim that the law against polygamy Is un unconstitutional conati tut ional if they really think this to be so and are honest will not seek to avoid an indictment and trial but will admit the fact fart plant themselves upon that ground which they are so confident lp Is tenable ab leand and take the ease easo to the supreme court of the nation and haveit havelt have it settled if they sure fure honest lu in their views they will not spirit away witnesses and endeavor to clog every investigation the government of the united states is the mildest ever yet instituted upon 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