Show JUDICIAL IDIOCY AND INFAMY BY the absurd absurd and unjust ruling of the court of wednesday david leaker leaker was convicted convict ea of an offense which he had not committed the evidence was conclusive as to his innocence he was charged with cohabiting with more than one woman in violation ot of the edmunds act the testimony introduced by the prosecution established the fact that since the passage of the edmunds act and for some time lime before he had only cohabited with one woman yet lit he was convicted and no doubt like others equally innocent of infraction rae of the law will receive the full penalties prescribed lor for an alleged crime that ne never committed low ilow I was this brought brou ait about in this way it was bbown in evidence that the defendant had two w livies ives the birst wife bore him no noc children hildrem the second had a family by mutual arrangement leaker lived wita the second ane first livins living near by but without cohabitation this being satisfactory to all parties no one was injured aud and the law was not violated but the court refusing the request of counsel to charge the jury to the law and the testimony instructed them ithac cohabitation with the first wife was to be presumed and as cohabitation with the second wile wife was admitted of course nothing was wa 8 left for ane jury to do but to bring in a verdict of guilty or ignore the I 1 tiling odthe court perhaps Is not to be blamed for these inspru instructions e it is the doctrine of the infamous powers endorsed if remember wee we member rightly by boreman but dissented from b by zane and this is the law as laid dy down 0 W at t pr sent by the supreme court C ut of the territory ri atory and andl re fe versed must govern in ane district courts of utah I 1 it Is in violation of well known and ad established principles of jurisprudence I 1 presumption of a fact cannot stand in lace a ce of proof to the contrary auy y p resumption presumption of law may mav be refuted reputed by evidence when the op opposing osing woof proof is ia adduced I 1 the presumption r kp is dissipated it has no f urther further existence but buc accor according d 1 aag to the powers power boreman idiocy and infamy presumption is to stand and convict a defendant not only in the absence of testimony to support it but in spite of conclusive evidence against it could anything be more preposterous and subversive erosive of law and lull justice acs ics but w why by is this permitted simply because the end in view is to send as aci many mormons cormons Mor mons as possible to prison and ahe doctrine ot of the prosecution is the end jua justifies tides the means this has appeared brou the abe whole course of the pr proceedings ce against the mormons cormons Mor mons in the utah courts it is a damnable doctrine it stamps with ineffaceable effaceable obloquy all who advocate or act upon it and it will blast to all eternity those unjust duj stewards who thas itkis misuse the autho authority fity briefly entrusted to them when they stand before toe the eternal judge and gives give account for this prostitution of temporary power |