Show ALLEGED ILLEGAL VOTING THE CASE OF tue THE UNITED UN STATES VS ANDREW peter rETER SOX sos the trial of andrew peterson for unlawful voting botin now in progress in the third district court is based on the following indictment found by the grand jury of the tile F february term 1883 UNITED STATES vis NIS ANDREW A anbrew r the grand jurors of the united states of america good food and lawful men residents r esl of the third judicial distri district et ol of utah territory legally chosen om em pann panne led cled sworn nand and charged inand in and for tor the body of said district in the name and by the authority of tile the united states of america on their oaths do find and present that andrew Pc peterson terson late of said district I strict on the 1 ath day of november A D 1882 in the county of summit and territory ry of utah was a bigamist that is to say said andrew peterson on the day of march A D 1870 laving IL lvin a lawful lawf al wife living and not divorced or separated from nim nirm at salt lake city in said territory ol 01 of utah was married to and with one caroline johnson that said lawf lawful al wife and caroline johnson are aru both still living and said peterson has not been divorced from either elther thereof that on said ath day of november A D 1 1882 said andrew peterson being as above said a bigamist bigami bt I 1 in said county of summit at an all election then and dad there thero held pursuant to law for delegate in the congress of 01 the united states did di with out havin havins having a lawful right to vote and knowing know ing that he had no lawf lawful al right to vote knowingly know angly and fe lonious ly vote at sald said election contrary to tile the statute of the ignited united states and against the peace anity thereof tr r rax J it foreman reman of i grand and J jarv Ju rv scow n lea iea s inA uit lit torney I 1 tho the caso was 1 1 and aud after the tho of the 40 lury hilry which occupied all of that d day and a portion of monday the ayd lyd I 1 indictment lct iet was read and the plea stated this was followed by the introduction of witnesses for the prosecution anderson sister of the defendant fen dant testified to his marriage with caroline D marblestein in denmark some 20 26 years ago chris larsen testified to havin havlu having 3 known mr and mrs pete rete Pc peterson terson 13 years ago and they were living to zether together then george W V young of Wan wanship wanshin ship summit county said he had bad known defendant and his hla wife for about eight years and he had heard defendant say that she was his wife jacob lundberg of kamas summit county had known the defendant since the summer ot oi 1878 and made the acquaintance of mrs peterson at the same time her husband introducing her to him the witness was asked if lie he knew caroline johnson but here the defense objected to the introduction of oral testimony on the subject of the alleged marriage of defendant to caroline jo johnson that is the defense objected to any pr proof f to show that the defendant d at was a bl bigamist hamist or moist inist other than a record of conviction of that offense by a court acourt of competent jurisdiction another objection was made relative to a defect in the indictment but the former was the main one and was ar gued guddat at length by the counsel of both sides judge harkness for the defense argued that the second marriage could not be proven by parol testimony ile he referred to the edmunds law and said that a mere expression of opinion where no overt act was committed could not and ought not to bring one under the penalty of that law he claimed that a conviction for illegal voting on the basis of polygamy coald could not b be e reached unless the records were produced showing the person to have been convicted of polygamy lie he showed the absurdity of ask asking I 1 figr for a conviction fora arii crime which grew out of another crime thue thuc that t had not been pr proved oved and illustrated the absurdity by supposing the case of a man being convicted by a jury tommy today to day for illegal on the basis of polygamy and anti in a lew few days tried for poly gamy gainy and acquitted thus punishing a man for an offense of welch which ho he gad rad had been declared innocent varlan assistant U S attorney C S avar varlan varian replied that tile the argument arguin ent of the opposing counsel would woula render the jaw inoperative for in that light a conviction would be necessary in every case before a person could be disfranchised franchised dis congress haythe right to prohibit ista from voting IT an held heid that once a bi bigamist ga mist always a bigamist was tenable judge sprague answered the objection to alleged defects in the indictment b by saying that the defects if any should have lave been taken advant advantage ac ol 01 01 mu b by demurrer and not by way of lec objection jec in the course of trial and f urther further ay argued aued the subject under considers con sidera tion judge harkness replied ili in the same strain as before and the court then took the matter under advisement until this morning at the opening of the court today to day after a few items of business had been disposed of judge hunter delivered a brief decision overruling the objection i to the introduction of oral testimony in the matter of defendant reter Peter petersons siony ons second marriage but stated that he did it for the purposes of this case only and not by way of precedent the examination of witnesses for the prosecution se then proceeded jacob lundberg was put upon the stand lie ile said no be was the son in law of caroline johnson and testified to an admission made by the defendant in 1878 that she was his wife and he ought to support and provide for her as such caroline johnson being sw sworn rn said that she went through the ceremony ceremony of A marriage with the deafen defendant dant at tiie the endowment hou house sc salt sait lake city about fourteen years ago george moore testified that lie he was one ot of the judges of election at the thi election held in iii summit county in november 1882 1883 for delegate to congress ress and that lie he then and there challenged tho the defendant oil on his lii iii right ri lit to vote but as defendant said sald he he was willing willing to take the oath anul anui having havin already taken another oa eatn tri trl ut t regis bering the other judges sav tilo xo object i tion to his voting m george IV young was recalled and reiterated his former testimony the court at this junction tooka took a recess the court resuming its session at the aftic anoon johnson was te fe called recalled for the tiie prosecution and af after ter answering a question upon some same matter previously set forth the prosecution rested antl anti the defense began bexar egean adducing evidence ili hi rebuttals rebut tall 1 I andrew peterson Pc terson the defendant avas placed hp laced upon the thu stand ile lle admitted admitted through the thu marriage carem ceremony 0 lly liy with caroline John johnson son bon atthe attao at the tao time and r P place lace but denied that she was waa married i to hibl hibi ag aa hn atlle said that he be was there thare th ere cre to u mand stand arpy apy pr caroline johnsons dead husband that she might be sea sealed led to him as her song were too youn r to take uart vart in the cerenio ceremony ny the impeachment peach ment ot of witness statement as to defendants adm admission isslyn that caroline johnson was his bis wife i was the next nett step proposed by the prosecution tho trial triai was still going on oll as we went to press |