| Show A RELIGIOUS tesy TEST FOB FOR JURORS AT last the prose prosecution cuti 1 oh in the ulles mues polygamy case has hag obtained a suitable jury t that hat is composed of non 11 this morning the number was completed and tho trial proceeded pro ceede d we lve do not vish wish to say any t thing upon the case its merits or its ita demerits lot the evidence if it there is tsany any bt be produced and let lot the twelve good men antt and true decide upon I 1 it without regard to rumor tumor popular prejudice or legal sophistry but we have bate something to say about the course taken in selecting the jury the tho p proceedings roce edings in the case are worthy of note they were out of tho the ordinary I 1 course of judicial j proceedings ce jurors were excluded from serving solely and simply on account of their religious belief the principle was virtually laid down that no mormon could sit bit on that jury jary fitness for the position was not affected by aay any question of actual bias blas expressed opinion lack of intelligence inability y or disinclination to convict or any really legal disqualification but autre religious faith and nothing else d e ter mined it the ox of the jurors was at first conducted in open court and the questions propound ed to them were put by the tho prosecuting attorney and counsel for tor the defence but as the tho answers given were too much in favor of 0 the mormon position to bult suit the court and its officials the thires who were appointed to examine the jurors as to actual bias biag after wards conducted the inquisition in private that the tho course taken in this trial maybe made a matter of record among our people aud nud and be clearly placed before the world we insert bere lere the report of the examination of one juror both in open court and in private before the which may be taken asa ass as a sample out of er br forty robert robent patrick was waa sworn do not know anything of the case have heard of it have not formed or expressed an au opinion as to t 6 the innocence inho cence or guilt of the defendant jdant no blas bias to prevent prove lut Fut ine me giving a fair trial by the prosecution did not read all the testimony ouy ous believe I 1 read a portion of it in the berald herald it did not make any impression impresa ion lon am a mormon but not in polygamy believe in the revelation aa wi a la law W of god and those at acting ting accor according d I 1 13 g to the revelation are pre doing gods will J know of the law against polygamy and believe congress had bad a right to pass it my mind would not be influenced as a juror in trying a person for going into po polygamy agamy under the revelations because all are amenable to the laws under which we live challenged for actual bias blas excepted to by the defense exception overruled which is also excepted to by the defense believe polygamy in accordance with the laws of god it is prohibited by the laws of the land it would be my duty to find a man guilty if he should BO so be proven atwould it would not take any more evidence to convince me in this case than in any other I 1 do not think I 1 have anything to do with the punishment it would be my linperi tive duty to find the defendant guilty if the law and the evidence warranted it and I 1 should do so challenge denied judge ros bos borc bore borough ugh and WW gee lee dee and J gol got th thwaite walte waite esdra were appointed 11 the examination before the was condu ted in private following aw are the questions asked and the answers given during the at tion question do da you believe the revelation joseph smith received was from god answer yes sir I 1 do Q then you could not convict mr miles for obeying the law of god A I 1 dont understand that mr miles is on trial for obeying the laws of god but for breaking the laws of the united tates Q which do you prefer the laws of god or the laws of the kniten states A when a man breaks the laws of the united states he is amenable to the united states tates ri when he be breaks the law of god he Is amen to god Q does your religion obligate you to favor a man who is a polygamist A no sir bir I 1 do not allow any man to influence me either in church or state when savorn to be sJur a juryman Q rhen then rhen you have no bias blas in regard to this thia case A no air Q you would convict Mr if the evidence was sufficient lerit A yes bir sir mr gee then said you may retire retiro to the tho jury box the tha tora tors followell followed soon after and said baid the challenge was sustained for actual ca bias blas the juror was thereupon excused three points have been established by ahli wholesale examination and exclusion of mormon jurors first that the mormons cormons Mor mons are prepared under oathro oath to testify of their th air faith in the divinity of the revelation through joseph smith on celestial marriage including the doctrine of plurality of wives second that while they believe that the law of god ia is superior to the law of man yet yeb they would perform their duty as jurors when so sworn and render a verdict against one of their own faith if ithe the evidence wag was as as would be required in any other case third that in prosecutions for polygamy ys mor mons are ace deprived of the constitutional tut ional right of trial by gra a jury of their peers of f the vicinage and must submit their cause canne to a jury packed by the prosecution we admire the attitude olour brethren who have so plainly truthfully and boldly asserted their religious convictions when placed on oath in a court of the unite i d states but on what ground can the position taken by ther prosecution be defended the constitution declares that no religious test ii bhail shall e ever ver be required r as a qualification to any office or public trust under the united states but in the miles cast the test of these jurors was purely a religious lous ious one and it was not a question of lof practice but of belief which the supreme court of the united states in its remarkably illogical decision in the reynolds case admits is perfectly free and cannot be interfered with by congresses or courts here E ere were dozens of man competent to act aa as jurors judged by every legitimate and usual test re because they declared their belief belikin beti beli ein in a revelation received from god by the prophet joseph smith the questions propounded on this point were such as ought not to arve been permitted in a court of ustice particularly in a country where religious liberty is one of the boasted rights of all reply to t them he in could legally have been declined it Is no business of the district at torney nor of the judge what either of those men believed on matters of religion we consider that in putting those questions the attorney violated law of the landane lan dand that in permitting them the court became crimins cri mims they may call these utterances 16 treasonable for when mormons Mor mons presume to criticism criticise critic ise the acts of public men the most ridiculous epithets are applied to them and the words 61 treason and disloyalty are freetly used if we venture to disapprove of the course of the most insignificant lelal official off but bud these are our sentiments and we are perfectly indifferent as to their displeasure at them we think that an outrage hub has been perpetrated by one officer and connived at by the ot herand claim the right to hold up the course pur sued in this thia case to public scorn and indignation of the cause itself we now say nothing we do not wish to try ii it on paper we leave it in the hands of those whose duty it is to prosecute defend and sit in judgment upon it but we will venture the hope that the jury j ury which has been empanelled empanel led from among those who are avowedly opposed te to tho the convictions ot of the accused will try the case upon the evidence and not upon the prejudiced presentations of a public prosecutor deeply anxious for a conviction nor the unreliable enunciations 8 and uil ull unjust demands of common fame which is too often guilty of common falsehood trial ia Is the right of the defendant and this is all we ask for him |
