Show CHARGE TO THE osand orand JURY 4 judae JUDGE HUNTER ON POLYGAMY asly dei DENOUNCED f i la in charging the grandeury grand jury jury Tury in the third districts dis dia triet court on friday chief justice rustica hunter road tho the not noh la in refer refe enea anea to polygamy a and and aad ad nande rande tha the following re markes I 1 have specially called your atten voitto tion to the act of congress making fly polygamy ply gamy and the other acts refer ill aj to crimes the act was waa passed tybe congress of tho the united and although general in its ita ap application to all the territories of the united baca bas waa pecullar peculiar application to the territory ot of utah in the enactment of the law congress undoubtedly had bad la in contemplation tempi temp lation atlon the ve a polygamy was to a great extent committed in utah tent that it was an avii detrimental to the policy of the f people of the nation inimical to rood kod order guder and calculated to disturb tue social relations of the on en 1 ture thre community the tha wisdom of tho the legislators in thus providing a means neana to reach and suppress the growth ot the onni onne offense ense whether gradual or rapid cannot bo be doubted md ind none but those who have either one into polygamy or who by a tem of sophia sophistical education be jiin wie in it will even doubt it I 1 am that there are in this antory a vast number of persons rho gho believe or profess to believe that 1111 the state has no right or power to provide by the tha usual mcw mode d oj of legislation for tho the suppression of guch gach belief aud awa in that view vl ewall all ali may mar be baid bald to concur eat bui belief and carrying buch such belief wo aib different things that congress lak iak hu the power to provide the latter iatter sote solas as aa the punishment of those tho tha actually enter into the polygamous relations Is concerned lanot la noi not and cannot be a question the highest supreme tribunal ol of the land haaso has hns BO decided end and wh whether effier it balts suits tho the views of the actoria in the polygamous drama la Is a matter tot lot 0 no consequences consequence naturally alJy the condition of the marital relations rela reia tiona tlona of a great number of persons in the territory of Uta band hand tho the teachings of thel them creed of the litter day mats saints has attracted the attention if DI the people odthe of the united states much has been bald and written on the subject and in connection with I 1 much has been said in regard to th the ibe of thle chiz com community muni munt let lot it be admitted that in utah till itil la latter state of affairs exists and vyt til zil laws save one for the pro ar per governance of the tho PeOPle peopled jr are enacted and enforced that the violation tha penal statutes affecting crimes except this thia one are no ilo inore more or it you please are far less frequent than in the states of the union and aud that this one crime h committed by a very large jarge number and the influence and the teachings of the leaders and mem ubera buerd of a church tend to an in c realis of it would not this fact alone take from us all the prestige of be ing an orderly and peaceful com corm ra unity inanity crimes crimea in this country are purely kila kira statory wt atory that la is certain act acts are athe statutes enacted by lav who aro the dele daie delegates of the epand therefore the enactments wg by the expressed will of the y peo to be ba crIme band annd sand that all persons perpetrating them are ame amen able to punishment these acts so long as they remain or are set sal aside as aa being unconstitutional and vold void are the las iss of the land there exists a law upon our oun statute books punishing all who steal and convert not ano others an othera thorla property properly without this law might would be the only way to determine ownership and the strongest would seek to convert to his hla own use volens the property of the weaker and so deprive him of it with the law and the penalty attached to it upon the stronger the weaker be comes as strong as the stronger and Is ia as aa sate safe in the property ownership this law Is ia simply the expressed will of the people through the lehe agency of a legislature and although it may be said to be founded upon the divine lawthan law jaw that thou shall not steal stealie ste allt ailt alit it is the result of experience in life as aa well as ne necessity cesal suppose there existed in this community a communist communistic lo creed or sect of people who should enunciate its tenets that property rights were all wrong that in the very nature of things there could be no such right that all things materia maternal 5 were the common gift of daily and that no one man hada had hwd a right to an exclusive ownership could you for an instant so regard that state of ann aff affairs airs as to make you to refuse to indict one of the sect spoken of who had by force deprived the owner of that property who had in ia fact as we say stolen the property laws must be ba uniform they must affect all persons the same the communist cannot be allowed to assert his views aa a defense to his act he must obey the law by retraining refraining to exercise his be lief liet by acts and it if he violates it he must be made to suffer the penalty the same legislative power which enacted the law making stealing a crime has with equal authority enacted a law making polygamy a crime does the fact that body ex exists lats in this community that advocates and enunciates that polygamy i sa Is and that tast each ma man n who beites beiles in luk ehe uhe telleta at 0 that regious remious organization has the richt tight as a gift of dalty deity to take to himself as many wives as he bees sees fl nil fil t to have or has the ability to sustain give to such the right so to do against the express will of the people declared through the tha lawmaking law making power powei like the communist they may be ba lieve in the right but because the law has made it venal penal to perform the act acl ilke like the communist they must refrain retrain from the act sot I 1 know it will bo be said that if the majority of the voting classes of the tha territory could without the interposition of the veto power in the governor declare their wishes no law jaw would be passed declaring polygamy a crime and that that law is against their wishes and a fleets their beliet bellet bat you must remember gentlemen of the jury and so BO must these botera voters that alv while they aze bie in the tha maj majority or I 1 ty so bo far as utah is concerned they are a very small minority of the people of the nation they are however supposed to be law abiding citizens and are bound as suca to accept j the fact that so longa long as sour our present preterit form of 0 government exists congress has hab the power to declare the act of polygamy a crime and it having done so they are legally and morally bound to respect it no power on earthal ear earth that thai at least so far as the united states is concerned can prevent the sect from teaching the doc trine except aa accessory to the fact and no onedas one has bas ever thought to prevent it save bave as might bo be done by argument enlightenment and persuasion but the ackoff entering into and committing the crime crimo of polygamy may be ba punished and it Is your duty to bee see it Is ia As cItI citizens ol of the united states and as grand jurors sworn to inquire into the of fences which have baen been committed in violation of the laws of the country it JA is enough for you to know that there is a law in the united states making polygamy a crime when you offered yourselves to become citizens of the united states or as fumed the relation of citizenship by taking part in the affairs of the country 5 ou on either actually or im took upon yourselves the obligation that jou you would not only support the laws but that you would at all times when 0 called aled upon see bee to it that offenders offen derd dera a against ainsil sueh euch laws should be made to suffer the penalty of their offending when you were called upon to take your youn beats in that jury jary box youre you yon re w m to ja dut duty you yon were bound to do olt cit options ions of tho the common country and in ia compliance with a conscious regard to the obligations resting upon you having thus responded to the call made upon you and it being ascertained by actual examination of each dach of you by the law officers of the government that you poss possessed essed ested the necessary qualifications entitling you to bit sit aa a member of the grand inquest you are required by the same code of laws emanating from the same supreme authority to take the oath already administer administered uil uti to you that oath Is ia not one prepared for any emergency supposed to exist only in this community it is one in form and substance similar to oaths oatha administered to grand jurors in all the states in the union and in the older governments whore where the system of inquiry into crimes Is ia had through the agency of grand jurors it is the result of long experience exper lenco ienco and isso is so formulated as to place those who take it on the very highest plane of responsibility sitting there in that box as you now do sworn as you have been your independence pen dence of action so eo far as your individual predilections as to favor or affection are concer concerned nedy neds are gone you yu are only the cold custodians of the law and j adges whether or not that law has been violated it Is your solemn sworn duty to kee iee bee eee that the laws of the laud are not violated and in every ins tence fence no mat ter who the person or what his creed where there has been a violation to bring the offender to the bar of the legal tribunal for foz punishment it if or not the law is constitutional it la Is la in opposition to the religious tenets or of any class of persons you are not to inquire that duty do bolves upon knotner another trI trl tribunal bunal bunai batla fy yourselves only that the law ex late that it has been violated and by the person against whom the charge is made present such person in the form of an indictment to the tribunal legally authorized to receive it and be assured that your conscience will not hereafter trouble you above and beyond all ail else remember that the government whose interests you are now doubly sworn to protect Is great good kind klud and and that all its laws are made and send enacted for foz or the tho protection of each and every citizen you and I 1 and all the rest and not in a spirit of revenge and resentfulness resentful ness nesb governments like all else human are the result of experience per fer perl peri lence ence advancement in civilization depends upon education and is the endeavor or of refinement the oid old things of the past were well weil enough in their time on them we build as we or they then understood now a broader base ibre ia required and oa As time goes ou this foundation lonn loun dation will have to become more a few thought and planned now the whole mass think and plan and this combined thought and their plans tend for general improvement of mankind and thua thus it will go on until in reality sox voz eat cac vox def del gentlemen 3 your attention is called to the pro prevalence valence of illegal homicides in this district it la is appalling and it is to be hoped you will talie tulie every step within your power to bring the guilty to punish punishment mont until recently our community has not been disgraced by red handed banded mobs buta but bul a since all law citizens were startled by two hanging banging hang ings sot of person without the interposition of the law one in our own city and the other at park city no matter matten what might have been the causes leading to thess these nete nets if all that has been reported in the public prints were but half true the acts of those engaged in these two dastardly assassinations should bend send a thrill of horror through us it is well known that two unfortunate men whose lives were taken from them by tho the mob were in custody of the law jaw it has been currently stated in tho the instance lu L salt nare nae city that the officers of the law jaw in whose custody the man was either aided in the act of the hilling killing or vi ft ere era so inefficient in the discharge of their duty to protect him as to make them amenable for dereliction of duty whether this be ba so BO or not it is your duty to inquire if the officers are guilty bring them to justice if they are innocent by all means say so justice to the people who placed these men in their official positions demands this at your hands for if they thay be guilty their official powers should betaken betoken be taken from them and good men put in their places who will do as they havo bavo sworn they will do an officer of the law whose duty it is to protect life and help to enforce the lawi jaw law who willea will BO far lose iose hib his head as to ev engage gage to a the acte nets of a nob mob or be inhumanly cruel cmel Is not a fit man for hla hia liace ilace place and it Is ia your duty as I 1 hope it t will be your pride it in your investigation there should be found one such buch I 1 to present him by indictment I 1 trust for the sake bake of humanity and for the reputation of the community that the terrible reports may not be true it Is ia brought to my attention that the killing hilling at park city was wab one of intense horror I 1 am informed that a party of men disguised at paik city seized upon a locomotive engine and passenger car and at thee the pointing ot pl atols compelled the engineer and conductor to take them to Co coalville alvIlle a distance of nearly twenty miles that there thereby by like means they intimidated the officers in charge of the jail in which was waa conff confined ned their victim to open the door that they entered the cell in which the man was waa imprisoned and after some resistance from him placed edthe the rope around his neck 9 dragged him to the carb cane and aa again compelled their transportation b back to park city where they hung their victim until he was dead that these acts were all done in the dead houraT of the night and were the result of mature deliberation and fe rethought forethought such conduct is utterly indefensible and the actors in it have evinced a degree of inhumanity and barbarity incomprehensible to the law abiding citizen whoever these persons are and however numerous they may be it is your d uty duty to investigate vesti gate carefully and judiciously into the circumstances a and d you yon will be expected to do so th there thene ere ene is certainly no occasion in utah for the interference of a mob with the ad minis ministration of the law the courts counts are open laws are provided for the apprehension and conviction of persons charged with the crime of murder and the officers whom whose duty it Is ia to prosecute are able and efficient in the instance now celing considered the alleged offender was in the hands ot of the law it if he was guilty s no doubt he would have been found so BO and his punishment won would I 1 d have been effected the mob that took him from that custody and deprived him in the manner spoken of or in any other manner of his life are as guilty as they in their cool delf deif deliberation ber thought nought their victim to bea bet boe toe and when they undertook in cold cola blood to perpetrate the taking of his hib life and did so they are as amenable to the law as they thought ht lle was and ought to be punished as he must have been veen had bad he been found guilty under uhe the law the mere fach fact that there wro waro a number of men engaged in the act offers no excuse the crime under al the circumstances because of the numbers engaged in it and the |