| Show NANS MANS inhumanity asserts that the quality of mercy must be strained editor deseret news the proceedings in the third district t court 1 during daring the past few days have occasioned considerable 0 comment and called forth expressions ot of surprise at the seemingly severe strain log jug of the law on unlawful cohabitation particularly has baa this been so in the cue case ot of the united states vs jenking and also in the case of the united states vs tovey in each of these ewes cases the defendants have already servella ecLa term of imprisonment in the penitentiary for the same offense and for the second time have been ar mignel on the charge of unlawful cohabitation in the cases above cited it appears that the defendants have been found fouad guilty upon the flimsiest flims iest kind of evide evidence tice and it is impossible to retrain refrain from looking lookin q at lt t it t in any other light than as a determined et e rm i ned and persistent effort to crush these poor men in the cue case of tovey it is an indisputable fact that in the strict sense of the word biebas be teas not cohabited with his plural wife since the expiration of his sentence for the first offense there has not been the slightest evidence of this nor indeed is it claimed there is by the representatives of the government here upon what then has this man been found guilty tor for the second time simply upon the fact that his bis admission before tue the united states commissioner that he tovey sawed wood lor for his plural 1 1 ural household and that at the home of his first and legal wife the children taking it from there to their home for use also upon the fact that he be tovey had packed water for his plural wife from a ditch IR ia the neighborhood of their homeard home and put it down by the side of the fence or by the door step in addition to this tovey admits having visited a child to in his bis plural household that was very sick with typhoid fever but that only in a few instances for about an hour heur or so 1 during the most critical period of the childs sickness he also called occasionally to assist the little ones in their lessons this is the sum total of the offense and upon this slim testimony has bas he be been convicted he has not lived with the plural wife he has not eaten a meal with her he has not stayed a night in the ho hou tseHe has not gone to a place of worship with her nor to a place of amusement in short lie be has purposely abstained from visiting her house with the exceptions above stated believing that he was complying with the very strictest interpretation of the law in order to avoid giving offense or ey occasion tor for additional proceedings against him batalas Bu But talas for human expectations three months and twenty six days after emerging from the penitentiary tovey was again visited by three deputies at midnight at his home the family being in hed bed and aslope asleep I 1 the deputies aroused them from thel their slumbers and after subpoenaing subpoena ing the wives and eldest son in the latter fourteen en years old the thea little follow fellow was marched down town to 0 the marshals office where rehe he was kept all night he had his bis examination before the united states commissioner and while that official thought there was not elou enough evidence to convict still he held V tovey vey in n the sum suin of 1500 aud the witnesses in ia the sum of each to await the grand I 1 aryles action upon such meagre testimony as is set forth above and upon it alone has this man been convicted tf it the united states government or its represents tives lives aare ere or senator edmunds woo wao is the author of the act under which this man tovey has already suffered imprisonment and under which again he must be immured within the peni peal tent arys larys walls and be the associate of the Terri torys worst criminals can take any comfort from such oath inhuman cruel and vindictive action they are welcome to vo BO member ox of the house ot of representatives or senator no not even the worst enemy of ef mankind mankina could countenance conte nance such severe straining or such an interpretation of a law that would so unnecessarily in alce punishment avd and that so severe u on any class of the community T this tie man tovey is a quiet and peaceable citizen of rood good character and habits he ha has s two wife alfes the second or plural is a cripple and id ae requires r a crutch cratch and it is most humiliating to thin kAhat because of her infirmity her husi husband band should be de debarres debarred sawing wood or packing water for her a thing which she is physically eyt incapacitated from dogul doing hers herself an and her children six in a number the eldest a girl slender in frame only 11 years of age unable to do so it seems a travesty on ustice it seems that mercy is wholly banished from the breasts of men who take part to is such a parody imprisonment for six months and a fine of 90 60 and costs is required to vindicate the lawi law and to teach this poor man who has lived and raised families byais by Ms wives lor for years the of his bis offense fensel of I 1 he must suffer for conscience sake for he is sensible of his bis int innocence imena b husband ana and provider for or two wives and aad eleven children none of whom art an able to assist to in supporting the family languishes behind the iron doors of 0 the nm ioala den those depe ok OH him ard ape left to the tender mercies of the charitably disposed let the most hardened hardene wretch that breathes the air of this landof land of freedom enter those house holds and see those innocent children and the crippled mother in their struggle for existence and it if he is not moved with sympathy and pity his condition is that of one whose fountains of affection and brot brotherly lierly feeling fe eline must dave dried up and ano is void of ebar char ity that greatest of attributes how forcibly the lines occur mans inhumanity to man makes countless thousands mourn D L M salt lake city april 21 1888 |
