Show THE DECISION IK IN THE MILES CASE v tim THE rulin ruling g odthe of the supreme court ef of ta tha U united SJ baates ates atea in k pae gae will be found in our telegraphic dispatches it will be seen that the rulings of the third district and supreme preme courts of this territory are reversed and the appellant fa is alwa awarded a new trial this case caused a gre great greab mt deal of excitement cit ement throughout the country in consequence of the exaggerations of dame rumor rumors and the peculiar incidents of the trial miles was popularly credited with having married three young ladies on the same day at therrial the tho trial triai this number was reduced to two and the te simony on which the prosecution had to rely in establishing this point was that of caro line 0 Owen wens malle sMaile commonly know as carrie carrio owens this woman had been a long time before engaged to john miles in london hut but the engagement ga ga i gement was waa broken da off 1 and the i parties had not met each ich other for several years meanwhile the defendant met and it was said became ihme engaged to marry miss emily spencer of stgeorge st george he hp then went to england where lie met his form the ac acquaintance being renewed agreed also to marry her she came to utah with him hlin blued and was married to him in the endowment house in this city according to her testimony miles was p previously r e married ried nied to miss spencer e r on the sa i n i eda nat but no witness to the marr marriage lage jage was produced at the trial carrie owens did her ber very bost best to cuncic the defendant fen dant and the prosecution sub president john taylor counselor D H wells and others faithe for the purpose of extracting evidence concerning the ceremonies of the endowment house if it will be remember remembered od that for refusing to answer ceran certain irrelevant questions concerning the religious ordinances in the house of th eLord brother wells was committed for contempt and served two days in the penitentiary a grand and monster procession receiving him and escorting him to the city on his liberation not out of disrespect for any law but from respect to the man who was true to his religion his brethren and lis his god alid and who preferred to suffer rather than violate his big trust andio and to bear the penalty of otan an unjust decision sooner than answer questions that no lawyer or judge had a legal or moral right to propound president taylor also took a manly and dignified stand frankly anaw answering er all questions which were lawfully propounded but guarding his rights and the rights of his people never swerving from the truth nor concealing anything within his knowledge pertinent to the cause at issue these circumstances caused a great deal kcal of comment and discussion but the manner of em panelling the i jury ury was the tiie most notable topic of dispute the prosecution challenged all mormon lormon jurors lind land objected not only to those who were practical polygamists but also to those who admitted their belief in the divinity rf the revelation on celestial marriage These objections were sustained by the judge and thus a religious test was permitted in a court of our country contrary to an express provision of the constitution ution by this means the jury which sat upon this case was cum posed of persons who were as much opposed ed to the religion of the defendant as those who wio were rejected were friendly to it they were in in this case the enemies of the accused F lnor or there til ere is this peculiar peculiarity ty in the situation here that those who are opposed with any degree of intensity to the faith of the latter day saints are imbued 1 with w I 1 th a corresponding in g degree of animosity to the people who hold that faith several of tit the e jurors who were rejected testified under oath that while they believed in the divinity of the revelation on celest celestial lat marriage they also believed in the force of the law of congress and would convict u upon n good evidence a delro fondant who w I 1 had brolien broken that law leaving the issue between god and the government As latter day saints they had a certain rell reil religious rious belief as jurors they bad a certain secular duty they would be true to their oath and perform their sworn duty while they did not swerve from their personal faith that they were sincere in this tilts avowal all their cor co r religionists will understand and maintain whatever may be alleged or imagined by those who cannot comar comprehend bhend the nature of f our doctrines and the truth and honor and integrity of the mormon people during the trial evidence was admitted contrary to the 06 usual procedure in criminal a actions anthe on the fhe other hand evidence necessary to the defense defenso was excluded exceptions were taken on these various points and were embodied e in bodied in n the appeal to the supreme court of the united states only three mothese ot of these hese are mentioned in the decision as reported in the telegrams on the most important cfall of all ali it appears that the opinion is adverse to us the count court sus pus bains the ruling of the lower tribunal excluding mormon jurors in polygamy cases that is the highest court in this nation sustains the allow allowing ing of a religious test in the office of juror in diree direct hostility to the supreme law of the land laud which says no religious test shall ever be required as a any office or public erust trust under und ertho the united states article VI of the constitution the court also aiso sustains as evi denice derice the admissions of the defendant related by other parties that is for instance if he introduces a lady as his wife that may be adduced as evidence of his marriage fd 0 that person buethe but nut the court decides that the evidence of lof carrie owens on which the prosecution chiefly relied was stood before the court in the relation of the defendants wife avire this not being denied by him and therefore under the utah statute her evidence was not valid as against her husband this ia a veny very important in po r tant point and the effects of or the r ruling will reach much I 1 than the miles case ye we must conness confess to surprise not to say disappointment at the ruling on the jury juny question but we have no reason to expect that when there is the slightest chance for a rendering of the law in a manner likely to be inimical to our faith and beligio reli glo gio practice practices the decision will be in our favor our trust and confidence must be in god not man in a righteous course and wise and prudent actions not in courts or officials and there is one thing certain that any departure from constitutional cOnstitution dl provisions for the purpose of sive sive measures against av ator day saints will sooner or later proceed in the direction of other religious bodie sand the work of evil will goon go on until the whole nation feels the direful effects of countenancing the subversion of the fundamental principles of religious lih liberty erty one of the main things for which the fathers of our country on which the fabric of df our na 19 lal ial institutions has beeb been been erected |