| Show WRIT AVRIT OU OF IN TUB THE CASE of THE PEOPLE VS W H A desperate ATTEMPT TO EVADE THE LAW THAT THE VILEST SINNER MAY ESCAPE the case of the people vs wm win H was set for trial before justice just t ce at 11 this morning it will be remembered that at the bom coin men cement of the prosecution of this class of offenders this same was arrested under a city ordinance the complaint charging him with lewd and lascivious conduct in havin 1 illicit sexual se bual intercourse with mrs newcomb the offense being alleged to have been committed al ab the house of ill III fame if fanny davenport whither and mrs had resorted for the purpose the crime as it is said to have been consummated was 01 a elthy nature and a conversation between the parties implicated it a well known reverend divine so that there are probably the strongest reasons why 1 no stone atone should be left unturned to p prevent the facts being beina brought out that the 1 he moral lepers ml might gait be known and avoided by the public this morning a writ of prohibition sued out before associate justice boreman bareman was on justice spears 1 rs as follows in 14 the supreme 1 court of offee the territory of utah the people of the territory of I 1 utah on the application of W H learlan vs f adam justice of the peace etc ele J the people of the territory of utah to adam Ja justice stice of the peace of the first precinct in avid and for salt territory whereas Wil william lidin H Year laii of salt lake city salt lake county in said territory Terri torl lately in our supreme court of said territory to wit on the day of january 1886 lid did represent by his sworn and verified petition and affidavit a copy of which is hereunto attached atta attached chea andee and made part hereof and that you the said adam salers ustice justice J as aforesaid nevertheless wen well knowing tile the premises yet contriving con trivin as it is said the said william H unjustly to aggrieve agglie y e and a 6 d oppress have done the acts an and d th things angl alleged in said petition yi contempt of us and against the laws and customs of our said territory and of the united states and to the manifest damage prejudice and grievance of him the said william H wherefore the said william 11 has prayed relief and our writ of prohibition in that behalf wo we therefore being belh willing willin that the laws and customs of 0 our ur swid said territory and of the united states should be observed and that our oar citizens should iu in no wise be oppressed do command porn mand that you do desist and refrain from further f proceedings in that certain action t ion or proceeding entitled the peo pie of the territory of utah vs W H Ye arlan under complaint dated dec fth 1885 and filed in your said justices court butil further order of thib this court and fuat you show cause if any you u have before our said baid court on dildy friday the day of january 1886 at the federal court house in ja salt lake city utah territory in in the courtroom thereof why you should not be absolutely restrained and prohibited from any other proceedings in such action or matter and have upon you then and there this writ witness the signature of the hon jacob S boreman ustice justice J of our said supreme court this day of january A D 1886 JACOB S associate justice of supreme court of utah territory attest my hand and the seal jot said court s E T SPRAGUE clerk in the petition lor the writ of prohibition lp 0 hibi tion a wm win H the applicant p i in substance makes the fo following ay 1 ow representations that on or abu about tt dec A 4 1885 B Y hampton filed an affidavit before justice tic of the peace adam that pursuant to action based on that adl davit the defendant defender t was arrested and taked take before said justice tor for trial on the said charge that petitioner by his counsel P L williams prayed said justice to submit said charge agal against said petitioner to tile the grand jury of the third district 1 then in session and that the jus justice tice refused to grant the request claiming to have jurisdiction to try and determine the case the petitioner then applied for and obtained a postponement of jhb trial until monday i january aiau 1896 and gave bail in the sam of 1000 that the justice maintains bis his jurisdiction and 11 haless lin less restrained and prevented from so doing will proceed to try and determine the same I 1 this petitioner further states that r said aid alleged charge in said affidavit before said justice is malicious that the sanae same was badeas petitioner states on information formation mation or and belief maliciously and with the purpose of disgracing and scandalizing this petitioner and not to the ends ena of justice I 1 your petitioner f further arther alleges that the complainant in this proceeding against him is a morcom and the said adam justice of the peace is a mormon while this petitioner is id not that during the last year or two prosecutions of persons of the mormon sect for a violation of the laws of the united states against polygamy and unlawful ul cohabitation have been quite numerous in this territory ant in 1 this district and very offensive feli sive to persons of that sect that this petitioner has served as a grand juror of the third district court apo his opinions lons in favor of the enforcement of che he laws of the united states la in the matter aforesaid have been well weir known to the parties above named ano and ther sectarian friends and axe are very obnoxious to them that within the past year numerous convictions have been had in said court of mor mons charged with violations of said acts of congress which have greatly exasperated and enraged the mormons cormons as a sect and said above named parties as petitioner is informed and believes li eves that with a view to terrorize persons who are not mormons Mor mons moos and who are competent to sit on juries and otherwise be instrumental in enforcing said laws B Y T Hamp hampton tOD aided and assisted bythe monies and services of divers public officers of the county of salt lake and of tile the municipality of salt lake city and others la in authority in the mormon church 11 concerted a scheme to bring prostitutes to the city and establish houses of prostitution in which to entice non mor mons to secure victims for punish ment and so to terrorize innocent persons perso as to secure immunity from pr prosecution Tse cution of those of their own sect that hat pursuant to abis arrangement two such houses were were established one being chat of fanny Paven davenport port that hampton Hampf con and his associates had bad pretended to have secured evidence for the conviction of persons dersons resorting to paid houses for lewdness flew duess that complaints were tiled filed in large num bers charging many persons with the petitioner that some of said complaints balnis were shown to be false and abandoned by bv the prosecution aier after arrests ai rests had bad been made thus showing that innocence is no protection against a charge of this moil that in ift other cases where the me trial was had before the said justice and conviction followed by a judgment j ud ment of tine ane and imprisonment on appeal to the district court the judge of that court on motion 9 of the prosecution and on a statement that the means used to obtain evidence was was so foul and untrustworthy tuat no just j list conviction could be asked dismissed all such cases that B BY r hampton was Indi indle eted ted tried and convicted for the acts stated in procuring evidence evid buce i and is in the th county jau under sentence of imprisonment sourn at that notwithstanding notwithstanding every conviction in the justices justice court has been disposed of on appeal and the district court tas has announced tuat all such cases will be dismissed on appeal thereto the said adam well knowing that said prosecutions in his court in the case ot of the petitioner and others is not in the interest of the enforcement of the law is io a scheme for the tion of the I 1 jaws s and the gratification and indulgence once of mormon sectarian malice against those not of their creed continues to sit for the trial of such cases and aho entertains the same of which thesis th isis 1 is one to the disgrace of 0 f the tribunals of lot justice the scandal alof al of the community and the annoyance of the individuals charged that the said justice knows that if a conviction is bad his I 1 judgment would be se set t aside on appeal abild toe be f fruitless rul aless for any purpose except to harass and scandalize the that the petitioner states that such trials are to jiro procure cure the publication li of the evidence of the charge in the complaint to the scandal and annoyance of tile the petitioner and his family fanSt ly and to the scandal and disgrace of an inno innocent bent and reputable lady whose name iame has been given out as con the tae offense offe tose the alleges that the justice justic ehas haslag no jurisdiction in the proceedings E that the wrong sought to be e done him cannot be reF redressed dressed by any a appeal peal or any other adequate remedy in the due course of law because itic it consists in spreading before the public the charges cli arges withof a any uy redress such being bein the object of the prosecution that the law does not include as offender sper sons of the male sex that the complaint does not state facts sufficient to constitute an aa offense that the offense if any is charged ged Is an indictable one that the offense is one which entitles entities the defendant to a trial by I 1 jury which is not provided for in the he ua justices I 1 lees court that the jurisdiction in such cases as provided by the statutes is in violation of the organic act and the Constitution Hand laws la ws of the united states I 1 the petitioner asserts that the justice should be restrained and tere vented by this court atoni the exercise of any jurisdiction tinder the facts of this case and all others etheri of the same class s for the reasons that they are not arbs prosecuted buted to prevent crime and protect the community atit for the pur pose of ministering to the malice and revenge of individuals and of af a sect and to embarrass the courts in administering the laws of the united states by subjecting to terrorization L and scandal as many not of possible the mormon 11 faith ait and opinion as bahat that the prosecution of the peti stober Is in defiance bance of the action of the district courtin court in similar cases a arct lid its further continuance a degradation and scandal oi of the courts of justice 11 the petitioner then asks that a writ of prohibition issue and the case was wag set for friday jan 22 for hearing before thi tha territorial supreme court verila verily the morality scree chers tire are determined ed to te shield themselves them selve in ig the practice of the most shocking crimes against law aud and morality |
