| Show I 1 lydia llydia SPENCER SHE slie ia bk T I 1 W PASSES tue ane IN r PRISON RI sos sox SHE IS TAkE TAKES segie SIMIE OATH and ADMITS griat sli suh SUM WIFE OF RUDGER CLAWS ON 1 veri VER verti 1 DICT or OF GUILTY AGAINST tile lle ile DK beu 7 pk D AN T I 1 1 l I 1 W the tha ellEa coo cOe incident in the Claws clawson oli polygamy poly amy trial tuai yas was fas reached reache yesterday afternoon sh y after gur anor report t closed for the day it was ivus the allin spencer to the tha stand anti antl herrea to take th coath or even to affirm wac lac cording according to thelie gal gai al custom before a vit witness Yit ness gives evidence I 1 following 1 ollow ln is a verbatim report of the hinly dramatic scene john M younk young Ji avin vidgo z simply 1 extent of repeating his former evidence mr iiri Di hickson JicK crison son said sald call lydia spencer the lady named ai arose abse and und amidic amid a general stir pt of interest walked up to tile the witness chair with compressed lips determined aln ain and drida 6 aw face 01 ai 01 paie pale aa with emotion the clerk i ds ller iler lier herto t 0 stand up and tako take aa he oath she ghe answered 1 I decline to take it Mr Dickson A no sir Q your reason A well I 1 just decline to take 1 it mr varian varlan will your honor instruct the witness in this case I 1 A judge cudse zane do you decline ia take tile the aith oath 1 i A er A k yes sir 7 judge zane do you d decline cline to affirm b n yh li A YA yes 1 kir sir K mr nir varlan Varian You eyou decline to be a witness as I 1 understand A yea yes yd sir T mr nir dickson we will ask your honor to wait for a few moments we will contend if your honor please that this ref refusal ugal to be sworn without any reason given is court there is no question about that and we say it is contempt punishable under tinder the tile united states in the organic act this court in united states cases cases eases is by express provision provisions irye irve invested aed with the pow crot erot crof a courton court the united states cla cia guw whis ghisi i being a united states case apse cp Se contempt if the trial of th tilo e united states case me is pun puni i ashable as we shall contend under united states laws and not under the teh teg law as to its period of punishment namely five days wet claim that it is punishable under tha united states laws that it is in the discretion of tm court to order tile wilnes sto wd be confined far forn ford tl year dafoe any bio bie time aud add we vye wish tb q bb heard on taa that thai t question U d t 1 0 j i lil ill e Z a i 1 e verp veri well weli i hir bir dickson I 1 will ask asu the ithe othe witness i one or two questions before the plent ment is commenced I 1 understand addressing hils bils lydia ly di Sp spencer eAcer you to be sworn sw orn onn in this case A ya assir es sir Q Is ix if you have any conscientious ious lous scruples against ta kingan path loath in any vase ise or Is it simply that you decline to be be witness I 1 in this casp case A ai 1 da abt c are care K to tb be ay a es ln abig as Q dodou DO you de decline to affirm A 1 adot doi Q qi do you to totes tes atif liev v at all in this thi case A I 1 idio iddo do the prosecution had anticipated just such an outcome as this as mr mry snow had left the room immediately before miss spencer had beien batien called ile he now returned with his arms laden with law jaw books and asked OA oun part of the prosecution to be heard in support ot the motton motion he was about to make he ile then tach said sald that in behalf odthe of the government however disagreeable i it might be he begged to move that tifis ladyce committed for contempt e mcf for 09 to act as a 6 witness inthis luthis in this case in maung maeng hat motion he asked not that she be committed for two three or nye nive kil kia days which would be the limit of tha length eiph eaph of imprisonment for contempt under the local territorial statute under thee the lecial practice act of 1874 and applicable to civil cases but it was a motion that his honor exercise the broad power conferred upon him as the representative of that court tiie tile court of general beneral jurisdiction and to commit this thia lady tot tor imprison rison ment mentford for such a time as his honor might see fit tit mr snow then thea cited the case of miss bliss schofield tee th e reputed leond wife of george reynolds and proceeded to make an address addless on that celebrated case casa when nhen mr bennett objected to the argument rg ent proceeding in the presence of f t th e ejury jd ere therefore conducted to a another at ar apartment by the bailiffs 11 81 mr hir snow pro proceeded ceede a by eit cit citing ing the connelly case the belle harris hams case and the Nellie white case drawing 1 attention to the brief imprisonment each one had endured f for or contempt he then haftl camo came to the present case stated that the ahe witness declined testifying on bil no conscientious grounds but merely beca because fise she objected to giving evidence inthis in this ahls par particular tular casen more Mor ethan than an hour fasth was then n consumed by mr snow slow ln in leadin feadin reading various authorities kosup to support brt the view yiew that the court possessed the power to imprison for c contempt for any length ot of time tillie it paw fit dur ing inythe the whole argument miss spencer sat quietly in the witness chair while le the spectators yawned dawned shuffled their feet and in edther ways tes testified titled their w weariness V mr fr varlan varian supplemented up U thoe thee mark got 1 I by quoting othar authorities and aud c oacle ed by askin asking that the witness be adjudicated in coni tempt and that if the final decision Is nat reached naw that the cyin crin criminal linal be I 1 kept in and not allowed to leave court judge zane this is acasa of po f cah bello belio and bild the order wll wil be mado giving the custody of the witness to shai to be held until the he final judgment is ren d dereid orti erti on this matter I 1 k w i f A brief paua which ch miss bliss spencer sat quietly ans avs awaiting effing the next move every ev ery spectator stretching Tt retelling his neck aeck to the utmost to gain sain 4 a view of her I 1 I 1 judee judge zane wane turned turne cito to her aia aha broke dile the silence by saying enow N ow miss bliss spencer dont you know it js wron for you not to be sworn or affirm and testify A A lamay b be e qa Q that being so you V wint to do arouty s A indge ladge t xou you know the consequence is i that you may why faveto be imprisoned fon foz bochow now how ion lon long iong I 1 da abnot not mot wis luto say yet aso ako ano A no ab nb that depends depend son on you youk ju judgewell oge dge weil well 1 in aw view of that dont you ou think you ought to answer thin truth A adt ot if I 1 don dont t feel like it judge well vou understand the consequences olli of it you take a fearful rei rel responsibility in undertaking to defy the government you stand as abrim a criminal before the law and it is 19 duty to testify and you must testify or else yon you must take the consequences if f you are not ready to detera determine le n now I 1 you think j about it b before morning or in think about it seriously remember e e er yo you ji become a criminal in the estimation ti ati 0 b bl itulid the lawand law and will have to take the tho consequences s of belac being ofelon as far as the imprisonment 1 is concerned you will be committe committed 4 to the custod of alip he marshal until morning 11 the court coult then adjourned until 10 16 a in today to day and the clow crowd gl reluctantly disper dispersed ed miss bliss fi pencer was taken out to the penitentiary dobri soon afterwards wara and d passed at at under the saing samo roof which shelters the go I 1 con U damned kemi ltd criminals othe of the territory saturday of oct t the pajo majority rity of thoe went weilt ea early aly riv to court this morning to avoid tile tiie era cra erd and secure a sear sea e az r or without 3 the rail nall ra 11 according to te sex social standing ding dint orthe or the altitude nde ude of of their their self seli estee esteem in arrived just in time to nind find the places they had hac mentally reserved deserved already occupied and anathematize themselves pr not n ot opining op ining earlier beford lp ip welock baloc every chair chain t table tabie A be and aud u I 1 bench was vas taken in any ank lad les ies jeang ill lil A tue the crowd and souk sonk standing 4 up ug this of J itself tse ise I 1 f 13 8 ab to tb show the size ty of th congregation gre ga gation gatlon ti 0 rhe the counsel for both the jurors guior r and the defendant were gere yil all in their places before jude judge zane arrived he being ida some reason alit hill a little less punctual than pasual at 20 minutes past liast 10 0 1064 0 the judge jude jud e made his appearance and and ana about the same time lydia spencer sp neer the recalcitrant witness walked e into the courtroom court room she 17 ws s sad eyed and pam pale 1 and nd I 1 ora ore sut dut an which gave of a night of agony her appearance awakened afe ase a feeling ening of inthe in the breasts of all capsule of feeling lt it whiled maillo others with those vulture like instincts which dumall beings bein is sometimes manifest sat bloating Sl gloating upon the of liei liel pless ierussi distress Is ressi nessi I 1 i i can cail call cau allas alilis lydia clydla spencer rang out the voice of mr dickson dick son the prosecuting cue cur ting attorney zae tae I 1 lady arose from where she sat and walked up and took the witness chair before anything f lurther urther was wasl honel mr air J ali b rawlins her attorney dressed addressed hd the and asked aska thee thed privilege lew leg bei bev before anal judgment was passed la in this matter providing it should conie come to that of nein being heard in miss Sp spencers enters behalf his ills request was granted granted and he resumed nis his beat iju ijedge ge zane watie to witness are you willing to tobe be sworn this inon morning ning miss spencer yes the increased interest and elongated necks of the spectators were now jiow pahi pahl futo behold th the tha witness I 1 lifted her hand band and assented absented to the oath which feu like ilke the patter oran from trum rom the practised practiced lips aps ottha ot tha clerk I 1 mr dickson 1 hilss aliss 13 iJ Spencer p ars aes are you married j i witness lna lna ina in a 4 to whom ishom to rudger I 1 when were jou you mar marrieul riedL in n 1883 A 11 11 4 t this city 1 V A whick which the prosecute lil lii ang ca counsel consult jati i I 1 i dir dickson tf 17 11 witness 1 1 11 I dont rem remember mb 1 Q it was in the year ISM 1883 A tyoa yes rie uie P aes sir i 4 i band in this city ano and county 1 A yes sir 11 mr DIM dickson gri dri ail all judge zane to wita witness Lessl dessl You yoli are hpe discharged f fram rpm custody the lady lydy left tha th stan stanl stani and spon af dier tier hassed passed out p af pf the room the her and straining their eyes to get a glimpse of her be forche vanished he yas home by bishop U B clawson father of the defend defendant defendent ent tnt I 1 mr air dickson now aimo almo announced that thattie th atthe the prosecution submitted their thelt caso gag case without ar argument and resten here lere wita the te understanding thattie th that atthe the other side had no evidence to offer mr bennett arose andraid and sald said it t was mutually agreed that the tho case benub bitted without argument or for the defene but he didde that they desired desireo to fland fiand land in iii A a bill of instructions which it would require a little tima time to prep prepare arp and asked that il a respite pa a gep gea until tivo two bif lii for that pur par pose pos the oil oli other er side assented with uhe tae stipulation that they be allowed d to see seo the instructions beffre they were handed in this being berng agreed to the judge granted the time asked ed forand for and ordered thap thai tb atthe the co court pru oake take recess until I 1 rpm P in the ghe jury were char charged zed as usual against holding converse con outside of their 0 own number etc eta etc tta and then committed to the sworn care of a couple of bailiffs who conducted them to 0 o ule the ULO jury ro room 0 in it was row now hait halt pat past ten am the throng moved slowly out of tile the building impeded at liter biter intervals vals vais by little inq knots sf of gossipers j san sing the J outcome of the mornin mornings as session ses gion ilon i i 2 p in A tew few aw m minutes kutek butek afta after f we tile 4 above b ove hour houn chi chief chiet af ustice justice JT zane zahe took hlis his seat bind and ordered the jury rolf roif 0 be called ali ail present mr amri bennett stated staled that OL on fu further r ther consideration the defense had decided deci did to present 10 no request for fon inspru the judge asked the prosecution ution it if they nad had any request 0 0 o make lake and on rec receiving elving a negative answer proceeded to charge the jury j ury as follows gentlemen fent lemen of tae the jury 1 will read to y xou xau qu the cha charge rge the court charges you 0 that the laws of the ahe united states y of U force in the territory of utah declare that every person who has a wife living and marries another is guilty of polygamy and that the first count of the indictment upon which the the tha defendant stands charged changed states that on the day of august list 9 mar 1882 rudger Cla cia clawson wAon te the def des defendant n ant married Tl viorence JF orence lorence an ann 11 Dinwood dinwoodey Dm woodey oy aith alth with ith whom he is still living as a wife and f from rom whom he has not and alid that afterwards on the day of june 1883 he married lydia spencer in t the he thir third judicial district the laws of the united states also declare that any male person who colia coila cohabits bits with more than one womans guilty of a misdemeanor and the second count in the same indictment 41 charges that on the day of jungi jungt june 1883 ga and on eivers divers other days aya ays between that th t day and he of 1 A august gt 1 theoe theol the dri cb cohabited t tn florence auti auri olt oat aff adal aridLy dia spencer wie wic r treating them as kij his Syly cs nhe mho Court ourt charges bir t that t atiqi in a legal A sense ense as a applied led in this h Is case means thiis the living together to qt ct er of f a man a 0 ds ausba an and IV auti f or under as induces u ces d belief of the practice of sexual to hotti botti points sot of the indictment the defendant et has ds plead not guilty and the law presumes him aim I 1 innocent I 1 until unell tha ih evidence shows ilis his guilt belond u reasonable T doubt the court further 1 charges you that it is not necessary that thau phe y rhe he elde eide evidence shall shail show the marriages mentioned d onither particular days named in the indictment gentlemen IT you adu liui iiii wre ure are thestle the sole ludgus of 0 the he of the witnesses of the of the evidence and of the I 1 li question facts fautt matel matei material ial lal jo fo tile the issues you xou yo should and aud impartially consider all the evid evidence enco before you and arld roach reach rech such and bel bei beliefs lofs wah res respect beet to the guilt gui gul 1 or of the defendant on jaath b th counts of ja the indictment as you may mas DC be abe to in your the court charger you asio asto the form 0 of tydor that if you ind iad lad the defendant d 1 11 guilty on both counts count af pf tha indictment the form of your ferdl verdict t will be thle the jury find the phe ha defendant guilty on both counts of bf the indict ment 11 jf you tind find defendant guilty on one oneco count butof of the indictment and not on the other you will wih in youn your I 1 verdict I 1 haine ha methe metho the |
