Show THE DAYS OF OY JEFFRIES REVIVED rl tur tun tactics resorted to in the second judicial district V for the purpose of intimidating witnesses and persecuting those w who ab decline to answer impertinent ines and personal bial fial questions au eions have beel beep i adopted in the third judicial bis district t rici of this territory Prose prosecuting biffin attorney 3 pic ric ilson lison follows in the foot steps of kera kena zera zena S na w imd an d judge jE lunter the example of judge twiss yesterday cs berday miss kellup was placed d 14 in the custody of tile the U S a marshal marshai and sent s c nt to the until she answers certain questions relating to tto herself put putto to her hen her hen by the prosecuting Atto attorney ruey rucy ju ja the 1 presence of the grand jury or until otherwise ordered by the court the belle arris case caso is hesh iu in the tiie public mind the incarceration of that brave I 1 viman caused a fealing indig indignation nation in nearly every part ijara of the united states her heroism and fortitude raised up for her a host of friends lri inn ends und and made nade I 1 her the object of general if we afe aie labie lable to j judge properly the chai chal character of bt the lady now subjected to tite the same indignities for the same game cause the zhe same sanu failure will ivill be achieved by the chivalrous and manly 5 persons who a tire zire re now attempting to force a woman to disclose to them her private affairs w e db not ilot intend to en largon a matt erat crat cherms another point relating wid mid thai that immediate and serious consideration chefe may be 60 some law for fop jo 40 wards a witness gitil e s adjudged yda budged to be in ti tempts tempt of chur court I 1 7 rl but bul tor lor tho the method i 0 rl adopted rin lin another direction tor QS po d I 1 tehel testimony mony there t lere js meither neither daiv 1 nor air reason baliv ives of men nien under kus lus suspicion pa cion clon of laito plural marriage A within the time died fied in the stute stoute havo been and aud b rought before the grand nry yury ary 1 placed under an gathof oath or as well weli as to tell the irneli browbeaten badgered examined cajoled threat and til sil without afe A wicnty whatever in law 1 3 J nta ala denounce as an outrage out oui fage it ti aun abbt ahn bt defended by any plea of rubi rubt i chicoi br moral necessity f it ij a Is against c established shed tules cules recognize 4 cd 1 a principles hud and axioms i it is a law laws oth ath and to is lio ilo li ostile stife t othe 1 Alac isio ns of cyburt of the united states qt lt J be the p eollo copla of athla thi ter not tia lla compelled to testify against ir husband infancy crittia prosecution brosbe ar r proceeding 6 19 di fl into court S tan lan y authority to i to a su attendance fo tha no hast haat haai any right to servo serve ita aul aud thee there is il llo ilo power punish to her hen foe for loe ioe abdol H refusing to 0 o ave in any quest foll fori relating latar 11 1 W ilor llor huab husband lid ild y no mo matt malt ade tel tei what 1 juryman i or ude uda nde may pre Vre presume sume to qUestion her hep sub snap Is those who have dared to resort to itt are themselves yes ves th e of th the law and they kalow it in support of this i we atvill dirst first tile zite the local statute on the subjects S i is if sec X except with the consent of both or in cafes cades cases of criminal violence by the other othen tan gan ban dior nor non wife wile are ard competent witnesses for or fa against each other afia alta criminal nenon aenon which odie odde or both are aie lwe ime parties 1 dayma of 1878 page rage H S t i lavt tait is not peculiar to this territory it is id general gener nl there may be modifications of it in various states but the principle remains the kaihe same in all iris idis ir tas fda ida u led upon doctori doctrines es e that are not disputed in au ani part 01 the we vvo hawk haw quoted tc d t the hali hail cit statute wo wc vill ty theco checo law rule ruie in relation to it greenleaf Greenl greeni eaf caf bonev idenie in vol voi 1 1 sec see S 32 11 sa sats says s kuie by which parties are arc v C L eluded froni from being witnesses for themselves applies to the cast casee of husband fe neither of them nein bein neing being g adais sible sibie as a witness in a cause civil or criminal in which klie kile lle ile lie other ts 19 a party founded the identity of their legal rights and inter ests ald uld aid ad partly on ori principles principles of rubit public policy which lie lle at the basis asis 0 of civil society for it is essential to the happiness of social life that the confidence subsisting between husband and wife should be sacredly protected and cherished in its most unlimited extent and to breal break down oi or impair the reat principles which protect the sanctities of that relation would be to destroy the tho jest solace of human existence I 1 1 mr ant greenleaf also says in sec seg vol 1 of mis jils work dvork oil on evidence communications between husband af and d wife belong also aiso to tb the class of privileged andare anil are therefore protected independency of therould of interest and aud identity which precludes the parties from testifying for or against each other othen the happiness of the married max mar state requires that there should be the most un limit 11 od ed confidence between husband and wife and this confidence allo ailo he lw law secures by providing brov iding that it shall be kept ip c er 1 inviolable ip violable that nothing r shall shail b t ac x at L d I 1 fro fromuth e bosom of the tte wife which was confided there by the husband 11 this rule even af after t the death of the tho husband or oriter iter after a divorce we now ciote 2 1 befits kents commentaries i I 1 I 1 the husband aud and wife w if 0 cannot bi be witnesses for or against each cit other in a civil elvil suit this ISA settled principle of lawand law and equity and irs ast asa well on the interest of the parties bi be ing ins the same as on public policy the the foundations of society would be s shak YA f 1 ep elp according to the strong language gm in lii one of tha th cases by permitting i anor ithel 0 of tf them be beg permitted 74 aito jito 0 give iivo a any auy t testimony S mony either in w ac elli eili hilior lor hor bior crimiel criminal case s which goes to chifa iffat e the other 0 4 e 4 A 51 the supreme court of tho the U 13 as well as the courts of last resort in the several states have repeated and uniformly upheld this rulo ruie in the strongest and azid emphatic tet tei ms mos and the validity of our local statute was sustained by the highest legal tribunal int the celebrated miles allies cae case causing lilg 1119 its utter defeat because the test testimony balks calks ony of the wife was received against her nus 1 band 1 Now what can be thought of rs sworn to uphold the law jaw V aho tile tiie spirit of religious persecution not only endeavor by penalties and prisons to compel defence de fenceless les ies women t to 0 explain x their personal relations 0 o men suspected of living in lil plural mart mar t ariage but dra drag mens wives into a secret tribunal without ja a companion without with outi ouli counsel and in the pl presence of fifteen p mcnatt empt on ien into vita testifying agabia their thein husbands and this bf bith statutory an aud and d common law la w anu and tho the rules of jurisprudence that lave have have prevailed from erom tim time what is oo 00 I 1 this 1 t la w asness Is it not solely io to break down if ps possible sible sibie I 1 an establishment 01 19 there e any ahny zeal exhibited by these officers of tn tiie ta law v ag against d dinst other classes of of fences DW do they not wink at infractions of law jaw khz 1 and morality and all kinds kind of irregularities that aie afe are arc practised practiced of the fhe mar inar riago relation 7 1 V we would like tor ta know how bow far these thee persons intend to tb proceed in ift this direction AS they have bave coimin commenced to adopt the tactics of odthe the ever otis hov how hoy many more leaves will they take out of his hils infernal book booky 7 since yince e they haye have dommen eert teil ta tty imitate the of times tindes why mot not nod into play layt the lie lle and the rack ra pk it if the policy of force is to be bel idi pursued red with unwilling witnesses and punishment is to ta folio w fai fal f failure allure luro iuro i to tell what Is required why not revive figot and the torch rekindle tiie the flames of and alid ses sei riffe and ana instead mate adof of the tho thew them rules ol of law lav antl anil written statute fol tol follow lowthe ahe artic articles les ies of valdez and antl thu thi of tor quemada b W S we suggest to hse men nien whose zeal zeat without wisdom i gurias uran thein these ex tr tand itie ivle they thes achie different adif adin a nere fere kind 1 I ot distinction dis dib irom ahm wilch they co covet vet the american peo pie pic do not applaud the per por weltion we ution of women lu lil the tile absurd fallat fanatic isla isia against plural in arriag ge irli chidi jeli is the tha folly fally of the hour hopr ule uie til country does docs not want the oppi drilon aud and of the tife weaker r aex lev seu 1 ardd arid while there is a tissue ds ite lie to pu put down don dou what is called iu the destruction ot principles are essential to toi the sanctity of the family i bond wilf not bo be favored by the re rei 1 fleeting public I 1 enforce the law liw gen tiemen according to tb your duty and no sine man will utter against at you u a word of C noure but in discharging that du duty be careful that excessive zeal leal in one dirtion direction does not blind you yoa to other obligations and make you vio gators of the veny laws you yon have sworn to uphold your acts are open to jud judgment t ment as well as those ot of other people and unusual punishments as k wen wel as unreasonable searches and ei ures 1 prohibited prohibit edby bythe the constitution oso of our r country will not be applauded and may not be tolerated by the thee great people of the united states |