Show ANOTHER JUDICIAL OUTRAGE tim THE case of apostle lorenzo sno snow NV iu in the first district court is one more among the outrages against 0 law and justice which will have to be recorded in the annals of the persecution of the latter day saints the conviction of the defendant for unlawful cohabitation as we believe every thinking person I 1 qa n will say who has read the testimony was totally in opposition to the evidence etwas it was admitted at the commencement me to save time anat and answer the feelings of the accused that chehad married the ladies named in the indictment and that he had never been divorced from them it was denied however that during T the time specified iu in the indictment he had cohabited with more than one of them when those ladles were wele placed on the witness stand they testified to that effect ile he had not eaten or lived ined in the same house witti with them since the passage of the edmunds law ile he had been in their houses but from two to four times during the year 1885 1883 and then only for a very f few ev minutes at a time ile he supported them and their children but did not live with i them they all understood that he lived with one only IV it was shown that while in ogden when they were summoned to give evidence he had bad introduced them as his wives also that he was in concealment at the house of the wife he lived with when arrested by the deputy marshals that was all the evidence against him except that he was all an A apostle ostle ostie of the church of jesus christ ol 01 of latter day saints the attorney for the prosecution prosecutions mr air Bie ble bierbower rhower made the most of these points especially the position of the defendant in the church ills his convict conviction io he claimed would do much towards towards settling the controversy between the mormons cormons Mor mons and the government lils his introduction of these women as his wives the attorney contended was evidence of his guilt also his concealment when arrested this with inflammatory appeals to the jury constituted the tile ilariu argument I 1 for the prosecution judge harkness and mr F S richards spoke for the defense it was shown tuat the charge had not been sustained that there was not a particle of evidence to support it that mr air snows apostleship Apostle saip cut no figure in the case that his introduction of those ladies as his wives in weber county 0 1 1 nty uty where he had been taken by force 0 1 1 e was not cohabiting with them in be box elder Coun tyas charge din the indictment and that he bad done nothing but what he was justified in doing under the rulings ruling gs of the courts both the habit and repute of marriage must be shown and there was no evidence of the habit mr harkness made a very logical and pointed address and mr richards ric Elc hards an eloquent incisive and conclusive speech fall full of points and inspiration on the charge to the jury will be found in full fall in another adother column it should be preserved it cannot he be defended on any just or legal grounds the doctrine it enunciates is in conflict with the tile decisions of the other utah courts ard and of the supreme court of the united states judge powers charged the jury sll it is not necessary that the should show that the defendant and hese women or either of them occupied the same bed slept in the same room or dinelt under the same roof neither is it necessary that the evidence should show that within the time mentioned in the indictment the defendant had sexual intercourse with either of them I 1 will anybody explain howa howla man can cohabit with a woman acoman as a husband does with a wife if he does not dwell with her under the same roof the courts have strained the law so that the interpretation given in criminal jurisprudence to the term unlawful cohabitation shall not pot apply in cases of violation of the tiie edmunds law but they have I 1 ing the court of last resort decided that the living together of aman a man and more than one woman as well as his holding 11 them out as his wives is necessary to constitute tile the offense judge powers ignores that ruling and makes the offense ca complete without its really essential element in other words he be makes the cohabitation or dwelling together perfect sile slie when vile there is no cohabitation or dwelling 1 I toc toe together ther hear him ag agin again in tiie tile offense of cohabitation Is ts complete when a man to all outward appearances pe arances is living or associating with avith two or more women women as his wives what does he mean by this living with I 1 we can understand that has been defined but what is associating does he mean to say that a man cohabits with women in the meaning of the law when he meets them on the street and arad speaks to them or in social company P or in a I 1 public bublic gathering further gaze gage r charging the jury he be said if the conduct of the defendant has been such as to lead to the relief belief that the parties were living as a husband and wife lives then the defendant is guilty gallt it on un this ruling the guilt of a defendant depends upon the opinion of persons perhaps his malignant enemies who might ex express ress such an opinion in malice stat that he has been living with more than one woman as wives I 1 what must the conduct be to justify such an opinion judge powers does not say but leaves the matter in the hands of any one who chooses to form an opinion upon it he stated that tiie tile the edmunds law says there must bean end to the relationship previously existing between polygamists it says that relationship must cease the Th eEdmunds edmunds law says nothing of the kind there is not a line oran or an expression pres slon sion in it which ju justinea lust just ldes idea such a rash assertion it is not true judge powers manufactured the remark for the occasion it is a pure invention 1 more than that it is in conflict with the ruling of the supreme court of the united states slates in the cases against the utah commissioners the court decided that the status ot of a polygamist was not criminal that a man could be deprived of the elective franchise under the edmunds law because he was wag in the status of a polygamist and yet not be liable to any criminal puni punishment s hinant A man may be ever so much of a polygamist and and if lie has not married a wife or cohabited with more than one woman since fince the passage of the edmunds law he cannot be lawf lawfully ally ully punished the tile edmunds law cannot dissolve the relationships that have been formed under the law laa of god and no ito court government nation or power on earth or in hell in time or in eternity can break asunder the ties that have thus been formed unless the parties take a course coarse to sunder them or the almighty makes them aull they are as eternal as the throne of jehovah and they are not criminal even under the edmunds law except as we have described A apostle ostle ostie lorenzo snow has not b broken ro ken the edmunds law the evidence proves it the ruling of the court had to go outside of previous rulings to meet this case the defendant is to be placed on trial on monday on two other indictments for the same offense off euse cuse he is about 72 years ol 01 age lie Isa is a gentleman of refined tastes and habits his ills great offense is that he is an apostle in the church and his bis conviction it is thought will elve eive to the court over which judge powers sides i and here is the wheel within the wheel there is a strong effort in washington to prevent judge powers name being bing g sent to the senate dorcon nir fir matlon mation the charges against him are heavy and strongly endorsed it is believed by the p public U alic that the judge wants to make an impression pres slon sion on the president of his worthiness for his ills present position the conviction of an apostle the manufacture of three cases out of one so as to inflict three penalties in the place of one the first instance of the kind bind pushed to conviction the zeal thus displayed in the prosecution of mormons cormons Mor morin mons may havethe have the desired effect and thus the exigencies 11 of the situation become one more instance of the tile sacrifice of the cormons mormons Mor mons to expediency or personal ambition A notice has been filed of a motion for a new trial it Is not expected that a judge who will give such a ruling will afford an opportunity for a fair trial an appeal will be taken if necessary bu bub but there is no lie doubt that the intention is to hurry the venerable apostle into jail as quickly as possible that due duo effect may be secured this is one more of elle the novelties uncertainties and outrages la in utah jurisprudence |