Show fyne THE indictment bor bok POL pony T GAMY THE indictment and arrest of rudger eudger clawson on the charge of polygamy and unlawful cohabitation direct renewed newe d attention to the grand jury empanelled empanel led at the present term of the third district court we expressed our oun views concerning its illegality at the ta time I 1 nie uie of its organization we do not know whether any objection has yet been legally interposed to the 4 doings of that body but we believe that this case will furnish a fitting opportunity to test the question as to its status the grand gra jury has been undoubtedly packed for a purpose and that purpose is the indictment of certain individuals suspected of having violated i 1 a provision of the edmunds law in order to enne effe effect ct this all mormons Mormon Mor mons ss were carefully excluded from the panel no one who admitted belief I 1 in n the book of doctrine and covenants containing the tenets of the Mor mormon mony mons church was allowed to serve as a grand juror there was no law for this but section five of the edmunds act was made to do service in this dire cUon euon As we have previously shown by quoting the section in fuit fule full fuli lit it has special and only reference to petit juries as the whole section hangs on the words i in any case of pro pyo prosecution for bigamy polygamy or uni unlawful a wf ua cohabitation 0 habitat n etc A prose cution cation for either of these of fences does not commence until after an indictment and an indictment must be found found b by a grand jury previously em panel panelled led 1 I therefore the section of the law which permits a trial juror to be excluded from the panel it if he believes it right to have more than one living and wife at the same time has no application to a grand juror and cannot be lawfully used for his rejection but the grand jury that has indicted rudger clawson was empanel empanelled led in that way the e provision of law intended only in the trial jurors being used as a challenge to grand jurors to the exclusion of a large number who were qualified by law to serve this in our opinion i makes the body that framed ne the indictment an illegal grand jury and renders all its indictments void at any rate invalidates all its indictments for bigamy polygamy or unlawful cohabitation and if it is claimed that the section 0 of f the edmunds law respecting challenges to trial jurors applies equally to grand jurors there is yet vet a defect in the organization of the grand jury now in session it is still packed a jury for while citizens were excluded because of their belief in ia the of plural marriage no challenge was interposed ter posed in tae the case of the tee accepted jurors eatherl to their belief in bigamy or polygamy or their belief in or practice 0 of cohabitation with more than one woman persons pe arso n s recognized as Mormon Mor mons ss were chalfen challenged ed and rejected those who were known as non mormons cormons were accepted without challenge the whole arran arrangement geme nt was a travesty and justice and the grand jury so chosen is an inquisition specially organized to indict in certain cases on the he smallest amount of testimony in order to bring the accused before a petit jury packed in like manner to convict on the slenderest slen derest evidence we do not tot know whether or not there are good grounds for the indictment against rudger clawson CI awson suspicion has pointed its finger in his dir chiou and rumor humor has wagged her tongue about him but these are not proofs those who have promoted this prosecution will ylli take some pleasure in putting him to expense and inconvenience we do not think the indictment will hold hoid good for the reasons we have nam named dl and therefore believe that the bottom will fall out of the whole things thin jr the illegality of the grand jury will we should suppose be cpr sprung ung at the commencement of the trial and it will no doubt be carried up and fully tested |