Show TEXT OF JUDGE CHARGE TO THE GRAND JURY OF THE SECOND JUDICIAL DISTRI DISTRICT cr C r HE WEAVES A WEB WED OF FALSEHOOD WARPED WITH FANATICAL MALIGNITY gentlemen of the jury you yon are now paneled em as the giand inquest faithe for the second judicial district of this tel tei territory ri tory and upon vou you devolves the responsibility yf of examining into all public offenses committed in lu the district and triable in this court and it becomes my duty to give you in charge such matters and information as may be proper to guide or aid yoli you in the di discharge e of y your our duties in the first place lace iaco I 1 desire to call your attention to the fact that the peace and good order of society largely depend upon the grand juries upon the manhood intelligence and integrity of the grand juries they being the tae medium through throng which the enforcer enforcement pent nent of the laws can be secured Without the jurors being faithful to their oath the criminal law would be a adeau eteau you should fail fall in doing your sworn duty the community as a whole would suffer the oath which you all have taken requires you all to be fearless just and impartial the obligation is that atiat you will diligently inquire into all public offenses in this district that you will indict no person through malice hatred or ill will nor leave any through fear favor or affection etc you are not to be governed or influenced by friendship nor enmity by affection love or hate nor by public sentiment nor private desire the eyes of the whole country are turned towards utah to see wh whether ther the people of this territory will be obedient to the laws and have havo them enforced the people of the whole feel a responsibility regarding the enforcement of the laws lawa in this territory for tor a teri terl territory atory Is not like a state a territory has none of the qualities of sovereignty it is a amere mere creature of the statute and can be made or unmade by the general government overn ment at pleasure it is oth otherwise ervle ervie eryle with a state private judgment as to whether a law should be obeyed or not is foreign to our government as to ever every other and thet the plea pica is less jess excusable in this country than elsewhere because our government is a child of the people and the people make the laws the will of the people of the nation is expressed through laws when men wilfully disobey and defy the laws they setup set up their private jud judgment ment arain against I 1 st the constituted authority of the nation and against the judgment of the whole people this cauna canna cannot be allowed for a moment government would be a farce if such were the rule such teachings s are in their nature treasonable whether whether put forth by one man or many or by any organization animation no can be a good citren citizen a patriot will lend his ills aid or countenance to such doctrine patriots love their country and gladly uphold its laws authority and aid no man manor or set of men inen nor organization that obstructs execution of the laws is friendly the government nor patriotic in IL isen sentiment when lyben good citizens citizen s are counseled or instructed to the laws or to aid in preventing due execution they unhesitatingly repeal and repudiate such counseling or instruction Is truc tion tiou and assert their individual manhood and refuse to be the instruments of designing men in trampling upon the laws or in helping t to 0 prevent re their enforcement in every tereas territory except utah the people as a bodi body aid the government in enforcing the laws a ws from utah alone does the anomaly appear of a general hostility to the enforcement of federal authority here we have heard for years past the tile cry of persecution every time certain laws are sought to be enforced e especially s P ec lally the law against p polygamy oly camy zamy yet there can be bothin nothing wron wrong in enforcing I 1 such laws they are uvon upon upon the statute book and the supreme court of the united states the highest tribunal in the laud land says the law is conati if therefore you obey your oath and seek to enforce the laws you maybe may be charged with persecution but it is a cry not to be regard regarded cd bayou by you follow your oath and let neither praise nor blame influence your actions each one of you 14 is respA responsible sIble sibie for himself and no one else is responsible for you let your actions be accordingly 1 in the discharge of your our duties you act in a double capa capacity capacity eity eTty you act for the united states and also for the territory in the states these dutle duties are sepa separate rate but you have cognizance of offenses against the united states and against the territory first asto as to the united states of fences you should inquire into all violations of the statutes in regard to the mails malls and post offices and postal affairs generally YOU should see to it that there Is no tampering ingrith with mails malls in this district absolute Absolu td sec secrecy reevin in malls mails is necessary otherwise the mail system would be worthless the mails should be safe for all kinds of matter allowed bylaw to be sent the grand juries should sed see to it infractions of these laws should be passed by without invests hinves gutlon and the guilty parties indicted counterfeiting the money of the cou con country itry Is an offense of which you tou have cognizance also the revenue laws require your attention and you yon should see that they are obeyed and that every violation shall be investigated and the guilty parties indicted polygamy or bigamy will claim your attention I 1 call your special atten ton to this crime because it is far more prevalent in this territory than anywhere else in christendom I 1 do not include turkey inside of christendom by reason of the prevalence of this crime and its dennant defiant attl atti attitude tudd tuda towards the government it is your duty to make searching investigation into the numerous violations and bring the guil guilty to justice by indictment our territory ought to be brought into harmony with the other territories and states in this regard the loathsome effects of this crime you s see ce as well as I 1 do d all around you it pollutes the whole community the very low ton of morals morais throughout this territory is dua due mainly to lle iee the prevalence of this crime it drags men down to the level of the beast teaching the rising generation that the loffle loftiest loft iest lest s t aim is t to live a low alow animal life ilfe whilst all the civil civilized zed world y orld orid is trying crying to elevate man and to develop the intellect and the heart this vicious system seeks only to develop mans animalism the whole institution is revolting to every idea of purity it drives women from the home to the harem and seeks to prevent her elevation it breeds incest seduction adultery and a long iong train of other crimes such as perjury which are resorted to to conceal an and shield it dealing with such a monstrous infamy is a 3 serious matter and requires your most earnest attention its companion unlawful cohabitation follows its train thea th latter unlawful unlawful cohabitation Is different from bigamy and polygamy it does not require any marriage and the fact that a man went into pol poi polygamy gamy before the law of 1863 1862 or 1882 will not shield him from the consequences of this crime the government and the people of the nation nailon are in earnest in regard to these crini chimis cs and are determined that such offenses shall cease yet there is no desire to do injustice to anyone the government and people of this country would prefer that these crimes be given up wil wll linsly by the people who practice them but if they are persistent and defiant there is no ilo way to do but to make them give up the odious practices TI tie tle tie e government has been mild and very slow but the day is not far distant we hop ewhen these crimes will gethings be things of the past and when utan shall be able to stand forth a redeemed territory with clean hands bands and a pure heart and not be compelled forever to hide bide its head for shame we have in this territory no law against incest no law against adultery no law agal agai against list seduction no law on the subject of marriage notwithstanding these defects in the laws you call can do much to rid the country of the low practices so common all about us in this county the territorial offenses include murder manslaughter arson housebreaking robbery larceny etc I 1 call your special attention to murder and to cattle and horse stealing as these are more common than the others life must be made secure and the taking of life must roust be made very hazardous As to cattle stealing and horse stealing you all ought to be deestin deeply interested te in stopping thein them we V have ve hundreds af thousands of acres of land that can be used for pasturing especially in the mountains but there Is no safety for stock on the range I 1 hope that you will do all in your power to make it safe to allow allo ailo iv stock to run ran on the ran range ge see thattie that the guilty are I 1 brought to justice by indictment the th e offenses ff es generally you know about las and when h e n ayou you desire any information as to the la bastou can come into court or confer with the district attorney mr snow when you retire to your room select one of your number to act as cle cie clerk rk to keep a minute of your proceedings proceeding and to take down the testimony of witnesses it is necessary that your foreman maintain absolute secrecy as to nihat mav may occur in ili the grand jury j ury room you are required to keep such things bl be secret ecret cret nor must you tell how any one oue of your number votes on any matter that may maybe be before you nor are you allowed to give any information 0 as to whether an any pa particular artle ular person or class of persons tas has or have been oy or maybe may be indicted to do so would wo uld be to give warning to those charged with crime so that they might escape no Noon one emust must be present when yon on vote on any subject before you the re district attorney can be present to examine witnesses but neither he dorany officer shall be present when you vote or discuss matters before you the bailiff will al always ways beat be at your door to attend to such off official iclal duties as you may require of him it will require twelve of your number to find an indictment A less num ber will not do you are to make your own adjournment from day to day except that yo your i final adjournment can only be by dire durec i tion of court by our statute you are not bound to hear evidence for the defense but when you have information or reason to believe that evidence exists that might explain away the charge you can send for the witness every case casa that is within your own knowledge that is the knowledge of any offense it should be reported to the grand I 1 lury jury ury and if either of yon has good reason to believe that a crime has geen been committed it is your duty to bring br 1 n it to the knowledge of the grand ju jury r y an act of congress the T poland oland bill requires you to examine into the care of persons in prisons and into the condition of prisons in the district you are entitled to free access to all such places under the same statute it is your duty to inquire into every case of corruption in office whether the office be united states territorial or 0 e local statute read to the ille grand jury now gentlemen these matters cover the grounds generally of your duties the details in regard to particular offenses f you can learn from the district attorney or from the court as you may desire the marshal will conduct you to your room |