Show THE ARIZO arlzo ARIZONA NA ANTI lor on MON mox OUTRAGES PUBLIC interest has been revived in the cases of the three br ethern who are now serving sentence in the detroit house of correction for polygamy by their having come up on appeal before the supreme court of arizona last friday the result is looked forward to with considerable anxiety ments were off offered ered and the cases taken under advisement but no decision has his yet been reached it may not be amiss at this juncture to review some of the outrageous proceedings ce connected with these prosecutions cut ions as some of the facts were not fully shown up through the press at the time the convictions were obtained in august last warrants were served upon six latter day saints residents of apache county they having been indicted by the grand jury in n prescott on the charges of pol poi polygamy and unlawful cohabitation they they offered no resistance nor any attempt to avoid being arrested although they might easily have done so on the contrary they quietly submitted to arrest an and aud d were taken to prescott a distance of miles where they gave bonds ill in the sum of 1000 each before chief justice justlee sumner howard for their appearance pe arance at the november term of the U US S district court in prescott for trial there could have been no other object in requiring them to tp go that distance except to make a bill against the united states for officers services mileage etc and to subject the accused to the hardship of ret returning at their onn own expense for there was a U S commissioner living in st johns before whom the bonds could just as well have been given without the expense or trouble of traveling at ail all to make the desire for bl big fees still more apparent the deputy U S marshals made separate sepa rate trips to apache county for each h of the brethren a also for each witness required when if it had really been necessary for them tu to go to prescott pres cott at all belore before they appeared there tor trial they might just as well have been taken all at once for it was known even eren by parties not contic connected eted with the court that the whole of the indictments were found before any arrests were iu made de in due time the accused appeared for trial they had bad been indicted ludi indi ted under the edmunds act and naturally supposed they would be tried in accordance with its provisions in which case they had nothing to fear for whatever marriages had been bet been n contracted by any of them were barred by the statute of limitation the trials were conducted before audgo sumner howard rrose Prose prosecuting prosecution cutin attorney zabriskie and edward veils wells esq appearing for the prosecution ana and judge rush and und john hearndon esq for the defense there was no evidence whatever of a marriage having been contracted contrary to the provisions M N the edmunds law in any one of these cases nor was there any proof ot of unlawful cohabitation As evidence of this latter fact the charge of unlawful cohabitation was ignored in every one of the cases but though indicted under a U 8 statute a territorial law against bigamy was wrested and made to apply to their cases that an excuse of some soine kind might be had for tor their conviction which indeed was a foregone conclusion with the court from the first this thia was apparent to every person about the court and the lawyers asserted thatis that it was perfectly useless to attempt a defense before such a judge or jury for the fact of a in man being being a mormon was sufficient to insure his conviction on annac any accusation cusa tion brought against him the territorial statute alluded to provides that if a man roan cohabit continuously with a woman for two years and introduce her as his wife it shall be deemed proof of marriage and if he have a wife in addition to her he shall be liable to prosecution for bigamy according to the provisions of this statute the Judge declared that bigamy was w s polygamy and though as stated proof roof ol 01 of cohabitation was lot not obtains obtainable le witnesses were brought forwar forward who testified in the cases of three of the prisoners that they had introduced more th thlin in one woman as their wives and this was accepted as evidence of marriage and hence of polygamy in one case at least that of C 1 I kempe proof was offered that there had been no cohabitation with the second wife for more than three years past but buethe the census roll was brought forward to prove that the second family went by his name and so he was convicted the J adge in sentencing him said tha that t in inconsideration consideration of his age and poverty he should be disposed to show him some leniency nut tint inasmuch as the jury had brought in a verdict ot of gui gul guilty ty against him they must have some evidence of his having perjured himself in testifying that lie nad nid not cohabited hence bence h he gave him the same severe sentence accorded to his fellows while the trials were in progress some of those who were instigating the prosecutions and acting as witnesses against st the brethren visited them at tie tle their lodgings about midnight and und advised brothers flake fluke and tu to plead guilty promising them that it if they would do so they should not receive mere than six months imprisonment pl rison nison ment and that in the territorial T errit orial penitentiary while the others would be sent to rz detroit detroit they asserted that they had just talked with attorney zabriskie who informed them that judge howard had bad agreed to that they were led to interest themselves steel specially aily in behalf of these prisoners because because of personal friendship and the fact that the jud judge re was a party to this transaction was arent apparent froin from his sentence agreeing with rt it though he could not forego the chance of imposing a aw y flue fine upon each aswell as well weil the officers of the court and the apache ring who were associated with them in working up the cases against the latter day saints held nightly meetings while the trials trials were in progress to consult in regard to the mode of procedure ite roce dure and arrange their plans the tho witnesses who appeared for the prosecution a number of whom were A apache pache county officials were among amon the most notorious libertines in the country and many of them unblushingly boasted of their immoral acts knowing that they had nothing to fear tear in the shape of prosecution belore before the courts of that territory As is well known nive five of the brethren Iddle indicted ted were convicted three of them bein being sent to detroit and two to the territorial penitentiary the last of the number bishop david K udall awaited his trial in prescott for about five live weeks being under heavy expense in the meantime and then the prosecuting attorney moved that his case be continued until next june assigning as a reason that a witness said to be in apache county could not be found although it was well known that she was in 13 the county when the deputy marshals were there subpoenaing subpoena ing other witnesses and could have been had if they had really wanted her the injustice of the suit against him and that it was persecution instead of prosecution that was aimed at his case were evident from the fact that all the witnesses who testified against him at the time the indictment was found were present la in prescott during the whole of the time he was detained there and although the evidence was cons considered lent tent to indict him the prosecution was not satisfied to try him ulm upon their testimony the upon ig ignominy aminy ardd arid suffering the convicted vt acted brethren were subjected to before being sent off to detroit and yuma deserve mention also aiso As fast as they were convicted they were denied bail ball and thrust into the county prison to associate with two convicted murderers three men who were imprisoned for tor grand larceny one lor for petty larceny three chinaman and one lunatic iuna tic they were not allowed to go out of the prison on any consideration and the stench odthe place was almost unbearable up bearable brother brothen tenney the first one convicted was kept in this place nine days there are some ten or bif fifteen teen brethren of maricopa maricola Mari copa county now under indictment on similar charges and under bonds to appear for trial at the june term of court what their chances are for obtaining a fair trial under the present regime may be inferred interred from the foregoing in none of their cases have lils ilis satisfied dissatisfied wives or in fact any member of their families been complaining witnesses Inde indeed edin in the cases of those already convicted no interested party t testified es titled a against ja ainest them before the g grana grit ran jury or was s subpoenaed as a witness bitnes at the time of their triai trial the testimony of a clique of corrupt unscrupulous I 1 mormon 1 hiting hating off omm meers officers and land jumpers who for the most part were comparative strangers to the accused was all that was required to convict them upon A more flagrant tra travesty upon justice anda greater outrage in the shape of trials has not been perpetrated in this generation than in the cases which we have mentioned and had the victims belonged to an any other othen class than the despised mormons cormons Mor mons the indignation of the whole nation would be aroused over them |