| Show ridger ER m bua bue salta xi X i t eid eld iad iba I 1 u 1 u I 1 i i T 1 TW us forfi si it i f RF af hll ail P 0 L aw i tase ase tho teo districts coin r 6 R d tho 6 hilad for t vm a 0 it 0 1 Once gem gen morer arp he sald said 1 after th the e la i apse apie ars the government 6 f tle tie un ilpo I 1 states was brought brou lit tace face facelo to fae sae I 1 ap RT arch 64 4 he mey mer ariy eart earn b cpr q to ala aia at 11 qa OT 0 1 P latnie ta N tnie e bb P i lk d dung al e cy r fears rears S and d n I 1 t sa s1 jt i sa a si lA aiba aiza at AlaJ i tl 1 I a i nj T exe ete n 4 at p t I 1 t rth th baw dl ae W arly ariy a t ga nig luths thi cr uni d abe ake ahat that fe 1 igns the jq law lot jot 0 ato I 1 P t bur gur rJ eji t i rna S R p arent dlott dlatt t q vr P 1 11 NT Yh I 1 ledin ladin c 9 cow cog ate 0 ohp r ea al cobby by wh what h transpired I 1 ill ili gat gas S A dif dlf flUit wy ICA wh 60 d li iv A ninar ti IU I 1 it lathis inthis thil baft nit q ch church ach do dominant In anttn antin in ta thi c U lu lom jom efad arra ea in one ope at 01 against ra t I 1 tb la of t imri imre I 1 IV t p of the mt lua loa ga that in i lou iou 6 liberty liboy end vird pird tee tet par PAT ur myrt ter in this way t this I 1 church amt amm h I 1 lida kie ife set itaf ca against I 1 ci not t only the I 1 ebig 0 thih thib the federal congress but the 1 a andt dt d t the church had assum assumed ed to be A ataw fl he X than filid af t mid wid bit hit ishad its vedy very yoni yona ams kove gove overn ill dri ment e vere very land upon athi and naties thattie ivery fields from which its thing f und fund that thO chevery th evers tery expense QU to arrn arry on n 1 its is xa V in peat jr at d Q X IL pre r N tbt rbt itself that di did not abw adm 1 to it to ta take 3 e from t the he pe people 0 pie belonged to thet them pir firsa fr Fir sV uld tid in this ir datter iatter itt vvs was NYs claimed 1 al m d in tum behalf af I 1 this people and this church that it was a tenet of their faith to practice plural luril marriage thatty thatchat atiq being s sf it H was under the krotec protection and should 0 receive the pro te atlan of the constitution of the united states and upon that issue it t country gund guad upon that is ae WH t th coul P olis its and W IW I the ground ro tind tute tue federal Su supreme preTe court thal that all would zuid auld recollect went ment mom rom the court lh ih fil dp through the tha supreme af this 9 api tri Ter torr t toft he coh COP ilk lik vertory tory 0 tad ti NW ashing ta h A rai square f and vird the mhd jd giston ciston squarely made that no such auch auck article of hf faith in any sense could be deemed to be bd protection ti of the federal n coinson ap r that ad it ams hip hia mater 4 kr 1 which fe he 0 was wag apal ap 11 va I 1 juaning uli ull in af WA was s predicated icat upon Wh what awas was sai sat said sald d t to ob be e t the ela eia law of the to the heretic at least that tal if was required to the n I 1 t hat 1116 itne sine 0 obedience be A I 1 would V R r to if martyrdom 0 ir must be badure 4 nd allt wals wats hardly ex pecked wha who practised practiced what and as a crime tib aib the law of their coil country atry when alle alie ra aile i to toi answer er the consequences quen ces bab defeat the ad m at the A by acts of con rqn c up the tho acts and facts b by y deu den denial al aswell ty syvil vii vil as evasion by equivocation and d sra fra fraud d that was abott P fhe P of arfus martyrs in n th fh world amhad plot ilot IM not histo history of me men n who wh 0 mi misguidedly perhaps believed that they wera were right in performing pere foral acts mba oha f in defiance of the h law 0 of nf the land on the other full of In instances submitted to of fl the baw law the thu tab kgb a nat nae d an lil thi bae was ws an gra pra anize arize d ah organized zed religious V E ut J its IL liles isles IS ies fes through taugh its oracles ogea enee a I 1 16 its ita I 1 tella creeds that aitu tW 0 9 I 1 Jt t it was the aty pa I 1 osuld do so to q benten I 1 altas taa mad plu pual pro caf Y it tilis tills organized said unto this ashot ASh AM Wt uly ull h 0 rl eliat the supreme 1 r igna unald tates stats was patu natu r notwithstanding the fact thae thai at jat ulf uti ea the abe the constitution to it has to be the findl final detering determination of all agest questions lops lons arling arising under t notwithstanding that fact this re 0 assumed to itself the 1 8 taip 6 it in judgment apon the 1 e nv ot 1 ubbe court coutt arld arid arnd annd Q rort jott 01 ap 11 ahat wb atwi laws were t ware were 1 1 V case cases the prosecution oad I 1 as it at might have seemed to Some boin td OV of the jury jum 10 ut I 1 much n necessity 1311 phi L bf dy h reason for the I 1 y I 1 1 lohss Witti miss who wass wasa riv out wilt subpoenas and urt the heads of the i t church h I 1 prominent in its el elders eiders ers and ats its bishops wherever tuey could coula nind find them a well weli at as th mhd immediate min relatives to an A etther either sigge of the fatAl latal llo lie letl tel tei t L apt interested ested 14 0 thi p 0 apse iti ill f for foy ar tha the purpose of ex exhibiting 40 U an aud and to tho chur chun r something p 1 the rea I 1 ts te U to carrying op on a PP pi ep C M 13 eunity any member af pf this clid church I 1 9 peati giwa 6 iWa posh NM th ejury jury H C hud hwd I 1 d it etly eily if ithe thoy they ald uld bt tid 4 lavas was on en b I 1 e p af their meetings an tri til t their e ir tabernacles S M gloal copi coni iwala va on 0 a I 1 ka to ge lie lic I 1 cal t ned r A 0 K out in secrecy cy t that hial I 1 t N v as cl I 1 r the ae des alvo uen nen nig thid lp low S ha beb urb that no one connected lo 10 llo lio iv his bis is rl night right ht q 16 what his I 1 lefthand fth ftc and ditl diu 44 no onel from irom the president krest brest debt dumyn klyn sto Ato odus odds t 0 e at med ator pa J ah tail ind and mhd their thein master naster hster aster d aw I 1 dd humblest 9 ll 11 erlof I 1 T cli cil b 14 I 1 the abe he ha ii I 1 ho ador ap n d ea e X n vb 1 IQ I 1 any ny waa way vay bho w ta I 1 I 1 ge had imd kiwe placer sucu S c ail an iq object A bae lct let abse absence dice fice of nemory fiack puch an utter iter blank bianu lat ta c a an n titter ul t dis disnard rard rara rana pf af 0 tita hix VIX paga up spona u catl it egl 0 the tue coun country t ry r was h hs at nd never uever I 1 in a cig cyp CIP PY te q ido tartre hofto tuo tag ure tre binm member e JU JL 46 donot e ot re ol Hect 19 1 I think th e tousle sp b such sueh aut ant 1 l Id ido piot giot pot inq know whee it I 1 IS 9 1 1 I 1 do adt d dare toa jAy self seif af r gdud ayelt rha nha ahm these obese aud and fell fags fast d aritt ti faster the 5 mhd Q walt IV nes d ato to t tae P jury thetas that AS dha nka caa caa and review r pa in n their n ah p plainly shaded ta tern tuat there was A effort 4 an organ organized I 1 system direct tt in it frustrate itrato alq ide idd fedj 6 bf iusa tug tice theft was an ah inho inno innocent cent fp 1 t a fretfulness which aa H at t waff inn innocent characterized veith with a n diew thie othir hand haud V here vas a hoph V ag its origin ID and it couce tian 1 a I ngar nd a man could coald pei pel e luny juny adl asi hsi or til thal that at he id d no t lie lle ty anaa anna I 1 I 1 fact 14 I 1 jhc tha thc nae naw arpi 11 had aa pel eel jeee pei e char chan t L rg geel geet e d 15 14 chuich wt IN th tsie thic e s s it e a I 1 it iwa was sAld said isid inid 4 1110 var in t 9 much fe adal ealin ealan r this maren manen in id 0 word ai thoy W erp ere ri g ino into t things I 1 ing tharold tha tOld taid nt if the 6 er of t tro ag tnt cepro senurio id g W hi pr prose pation 0 na 7 were e ifo I 1 orny any P over oyer zeal in in the hd 14 dalt dait gif T peir meir dir d daty ty bluwal I 1 in the their t uen bun u to e p enforce forpe the jav lay 4 he failed ta 6 see aal tle lle too this opportunity af saying F lec behalf nhai 0 of the office he hd wa wa A abw N V fitin hethey ht hV th they posed rosed going g forward in 11 this mat te tep ter aad ai g mabi mani festin aji aal aai the tafe zeal that at bases ds wow would warr aptt la fa hlf hir to bring into q th jand janc Q coq r mant dant and aud and preeminent pre eminent N here lr ahw h 4 was what they wem wen wei going to 6 dp anit dmit abDu tat fAt t this cae batee against thias this is before them upon t tap twp wo charges futan unlawful 61 marjii marriage anu oeler ra unlawful wf ul ge 6 tso far as ag the tho second cond offense offence vas edhe ed bev hew would i la deave the discussion bf that ma mattec tt e iwae mooge 9 who would follow mlp him 2 it b his purpose anly ln in the thia opening ta irett attention to the e chain 0 of evidence that hat had been Ii about the defendant and add which he thought wasaburd wasa was abundantly bund tsmay and capable ol 01 0 holding tl the cha charge rge that had been p presented ak against aint him mr varian to e ex x he J juny jury 7 the law 0 11 circumstantial dr evidence cd nt ending der certain it was worthy of the sallie same keiles belles 9 as catt other br evidence in this caseb direct an and d positive evidence could conid not be obtained and therefore they had had to rely upon evidence ile he commented upon the disappearance of ly lydia ja spencer mrs annie din dih dihl i moddey 0 d land laud airs arsi maem marguret margaret ret claw sonS ont The first lle lie said sald had I 1 gone gonei ivino where re the booc woodbine gwineth tW ineth ka the second had vanished into thin air and the third had taken Tail tall railroad road lail laii ali ail ld all 10 knew but notwithstanding this that tho rula of lav put plit the catlon cation td makdis make out the case still as part parl of that rule ruit ar cm embraced braced 13 in its scope there therb was something more A prama fact case might bagade bo made against 4 a defendant wh ich ice required red explanation avit but if tho the facts fact nvere viere all ali staily amu add within the knowledge of anyo any one ono noum else eise he called upon to combat the presumption til ili ready int jhn h ae failed todo to ao go so tile tiie safely a ease case might inta proof i ti n 1 I ller tle to review the evidence in tho caso ease he referred particularly to I 1 tho tha three witnesses lit for forward vard to lm im peach the james IF ailbe and contended had not been shaken in the leasie lease on the cross examination 0 n ot of those throe three witnesses trad tended wry velty materially and build up the ahse case anu ana certainly showed shaved that caine in maintaining that ailt arnt haa bad baa Inh tolis gg as to anether Wn ether second vite eife vak catered vat ered fin lin re regard nard autlin tu the reee rece arad namely haddly ty tyes ives this crime crini 0 heton had fortunately been brioux brou ht to light lighta lighta A chath chaim of t circumstances had been woven around to raise in the minds of the jury beyond area sonA X e doubt th ha tto to 0 ani oral lai idt certainty a that gae age a violated 0 wi W d i the jaw and that he mut alt ait isitt isAto the offended law lay ver vei ethey th ejury frytz pry to td arf idd their thein clia chairs chains s lind and ta say sax y 11 no man mau saw flaga h U witness ds je tat bk ig tb bear testimony ny 1 to it it if I 1 thed the H by gave ild vve vre gylat allak abi abt all to td the e eyl evl evidence g ehod e that EM haa been adduced I 1 asen asea n av evidence of the very best and most convincing aia dia c T character if they aidoo that l benthey ey ihl ht cad close L the be court couri because aee ty aai aal 1 ii l var varlan varian ir I 1 tell yb that chat hat auney ar a case of polygamy 1 lere ere where pu dan dar al tab ya lile fact he thought he was justified in from irom what t h had a 4 been cad ma matto matte L e app ap athi this case caw b by the h witnesses they bad called tuat guat there was a settled per gist sistelia eilt elit determination an th the tho P pant part of 2 0 34 church I 1 and its adherents to clos cros all ku 4 channels aha pha hat lead to the tempie temple if ual to frustrate 1 in I dic ild iid lefeat q it it ti the W r RA gay 9 tice alce t qa and anajo 6 pr n ti 10 ap ot ze tho the law in la 14 lir varian varlan pro 0 iha n 4 ta te ed edordu 4 P ber 47 lury iury r y aua and ad eo corruption r lan ian rais af tir t e IM j 0 i i 1 i A M egburt mcburt aburt reassemble ut w benair We en nAIr varlan varian coni mig ment mett in n behalf af pf f th the brose prose prosecution ed A at the outset 11 he e commented d upon that tt twe bilg defendant had not nov b put ht jup ado upon oa the r stand pu but hut t inasmuch as the defendant had han bana hana a perfect td eo an abe the stand t nd he verian varlan varian Va rian ilan would pot not 0 have ha e the anything prejudicial to the defendant fram tha fact tact lct r rit rIi I 1 lowerr lowe cr b be contended d that the act vaa vai a not gom corn blued wi bin kin fhe the tho 0 of f the court gut rut he that til llad hagl shown that the defendant tas yas ngu absent fion fron 1 th 9 cux cuy fordey for fon any length of 0 time at the period when iwas presumed hei had committed this crime thel speaker concluded thega with th an adap pi peal to the jur jury y on of polygamy and said aid taa imbat the day would conid come como ahen hiji polygamy must go 0 1 he tie uke mke spoke in exy Ve averyt ery spread r cagle agi q style on t abs tbs P latter iatter pointy an pro dietel dieted that g woud yet vet et comi como upon thi th people r at would d I 1 elke a wk fir tir sweep weer thelo theio bigy 9 out ort of 4 existence I 1 stence to he gnat grat jov iov joy of the people tot oa 04 haa 4 grev grea P gindl gindi allyane q 1 i J judge u d eg G W bennett jhb then prococo cd to ad address tress the j lury jury ury in behalf of the defendant fen dant of P w will ill lil ap appear tomorrow to morrow it fl ARGUMENTS eor eon it TIIE tile E D E FA N 8 7 I 1 CLOSING REMARKS fy OF ithe TUE sald said he stog stop P i there 3 r representing cepres enting his hia client ru hudger ger clawson accused before them theiu of having committed within the county lake the third third j judicial ud leill dig district triet of this tory an offense against thi the uhl law territory herrl herri dia dla did not ap pp stand there 0 to o defend idehen M aay Q church or any theories he stood there to demand to insist that that blidt court as he knew that court would doand do and that lury iury as he ire beli beil believed eVed it would do fib ap apply ply pik only guly to this his case the rules of law and testimony if 11 he could believe belleve thatchat that that court coult which he did not hot believe oi or that jury which he did not bel bei believe leye leve would convict this chis defendant on anything but legal legai evidence he hb would r close lo 10 e his hl mouth take hl his hat and aru leave this presence yd insisted upon it f for dr the lionar of this t tvr great nation for lor those instincts of f manhood and add fairness which characterize the courts and juries that they weigh this evidence and giver a verdict not dictated b by y prejudice hut but ut actuated bv only bytho bythe by tho the I 1 light lit of cou con conscience s defice ati annd the fact tact let him admit lor lon the moment that batall nii xii that his friend had sald gald was wals true about the mormon church about the tuie tnie of priest priesthood hodd hood everything 0 very thing that he iii in that regard let iet atall it all ali for a 0 moment nt beta be taken n hg as true could this great of ours cg uld the enlightened 1 I ilg people af pf this country of ours afford to convict this client simply simply because these things are true truey did they noti owe it I 1 tp ta the thir lam taw did they not owe olve luto aitto themselves thoy they did I 1 owe it to his client to convict benvic lip 1 lar lir at t all on proof their consciences must be clear |
