| Show LIBERAL WANTED TAE THE polygamy case of john H Miles appealed from the third district coart was argued yesterday before the supreme court of this territory and taken under advisement by the court we have already given our readers the points of the case and do not now propose to repeat them but wo we wish to draw attention to a plea interposed by the prosecuting attorney in his address to the court yesterday against 0 the appeal the attorney claimed that the court bo be liberal towards the prosecution in its ila constructions and rulings on this case dase beca because tise of the difficulty of obtaining direct evidence of the first marriage he sald bald in effect that if this were not done dono it would be impossible to pros polygamy successfully in this territory for direct evidence of what took place in the tha endow ment house could not be obtained nad aad witnesses summoned preferred going to prison for contempt to answering questions bearing on those chose matters what does doea the attorney mean by this liberal construction and rul rut lubly fag lag on the part of the Cl clouart court ourt simply pl this that evidence which would be counted insufficient in a civil suit bhail shall be deemed conclusive in a criminal prosecution thit that th it at the established rules governing evidence shall be reversed that the failure of the district attorney to make out a case shall be remedied by the acceptance of testimony which would not be permitted under ordinary circum stan ces that the benefit of the doubt usually given to the accused shall be to the prosecution the attorney is fully sensible of the weakness of bib bis cause lie re fg is 19 well aware that it abounds with errors several of which it viewed in the tho light of legal principle and judicial precedent must prove fatal There therefore fore foie he wants a liberal construction st by the court the slathen sl slackening indof of rules generally applied rigidly a tender treatment of the extremely thin and feeble parts of his argument and a closing of the judicial eyes to the unanswerable citations and of for the appellant the albany edming evening journal jad jaw noi not echoing the question questions ot of a contemporary asks why po polygamy lyga my is n not 0 t proceeded against as other othen crimeL this is a very pertinent query if it polygamy is a crime why not prosecute it fairly and honorat 13 why pack a jury to secure secures a conviction vic tion why deem evidence which would be scouted in a suit for divorce competent in a prosecution for bigamy when the rule is that stronger and more direct evidence of marriage is necessary in order to secure a conviction than to establish grounds for fon or a civil decree why ask for a liberal construction of the law against the defendant fen dant because proof cannot be obtained forsooth courts must give latitude to assumptions and when the odds odda are greatly against the prosecutors prosecutor judicial rulings must help him out to the detriment of the accused take out the statements of the chief witness against john H miles and what evidence was wag produced that he married emily spencer et even with the spiteful and aud eager testimony borne by that too willing witness what direct proof was offered of the alleged first marriage nothing but the extremely doubtful evidence that he had called emily spencer his wife true it was shown that atone time he be intended to marry that lady as well as caro line owen male but it was just as clearly proven that he intended to marry another young lady also but this does doea not prove that he carried that intention into effect popular rumor credited him with the double marriage for which he was convicted but popular rumor also credited him with marrying the other young lady whom it is certain he did not marry but who only about two weeks ago was united in fn wedlock to a young man a resident of bt st george the alleged mar marriage ilage flage of the defendant to all three of these persons was telegraphed to all parts of the country and numerous leaders were published in the moab moat popular newspapers commenting on the triple wedding rumor was mistaken in one part of this affair and it was just as likely to be mistaken in another yet was on rumor that the defendant is conviction was base babe dand inference was allowed to bear boar birny spay instead of proof the albany journal wants polygamy treated the tho he bame as theft J burglary or arson but are inferences accepted as us proofs of gulit guilt in trials for either of these crimes and what would be thought of a prosecuting officer who unable to procure evidence against an alleged burglar was to nak ask the court to make up for his failure by a liberal construction of the laws law because of the difficulty in obtaining the proofs necessary to convict and to demand for his weak cause the benefit of the doubt instead of according it to fo the prisoner pris oner in an appeal case of ar arson arbon son bon if it the prosecuting officer was to ask the court to rule against the app appellant eilart ellart because the prosecution were unable to procure direct evidence that there was any ady any fire pt all would not the request the derision of the whole legal fraternity and be viewed with contempt by the court 1 the proceedings in the miles case were so irregular and there aro are so many points involved therein which are of vast importance to this community that should the supreme court of the territory affirm the decision of the lower court as is 18 guite quite pite probable we hope it will be carried up to the court of last resort for as the matter now stanL stani stands ds there is no need for laws to be passed with the special view of condemning mormon Mor mons ts innocent or guilty or of depriving de P riving them of their constitutional rights courts can make decisions having the virtue of new now legislation and justice tic tie can be banished from tha the judgment seat si to make way for vengeance inspired by bigotry le ibel the matter be tested to the last extreme |
