Show 0 LET THE RECORD SPEAK WE are pleased to note the fact that the majority of the non mormon portion of the population are disgusted with the unseemly rage and malice exhibited by a small minor minority ltv of political self seekers because of a disposition having been lately manifested to administer the law here as elsewhere such decisions as would be given in chicago or new york are not wanted by that class when mormons cormons Mor mons are belag dealt with yet when it is assigned as a reason why men did not appear some time ago and meet charges preferred against them that they would be confronted by a lindic ti ve D district strict attorney and a brej prejudiced ad iced court the bare intimation is viciously designated as false by certain ludl I 1 victuals fired with furious hate bate F fortunately the record like the alood of banquo banquot will not out unless compelled to in order to vindicate tile the truth I 1 we have no present disposition to rake the record up it if however it becomes necessary la in our judgment we have a formidable budget salted away it may noc be adlas to present a fragment now un a may and 2nd 1885 when parley P pratt was as bea before ore the court tor for a sen ten tenee ifor bior unlawful cohabitation cohabitation the judge expressed his regret that the law jaw dio dia not provide a greater penalty than imprisonment for six months and a line fine of in son with this unmerciful sentiment in addition to the maximum penalty 0 of f the law hard labor was included inc included ludeY I 1 in n the judgment tuat element of the seat sentence eLce was subsequently eliminated being extralegal extra legal as well as extra ludi judi cial but the district Pl strict attorney for whom mr mckay acted a subsequently abse u e n ti came to the relief of the unprejudiced d i e ea judge as will be seen by the to following I 1 lawing record of a proceeding edis on the fth of october IM 1885 in the third Ji district strict J the grand j gry dry came into court at 1180 today and presented ted one indictment under the laws of toe united states mr air mckay then arose and stated that there was a matter he wished to bring brine to the attention of the abe court which had bad been discussed lutor informally mally and otherwise in th the grand jury room at least one member of the grand jury claimed the right to say whether he should find an indictment or not when at the same time be admitted the evidence sufficient elent to warrant it claiming that it would be a usurpation on the art of the grand ary to find an indictment under certain circumstances notwithstanding ding the evidence warranted it IVI mr r mckay then stated the objection was in relation to finding anding more than one indictment lor for unlawful cohabitation in a certain period the juror referred to te said he would do no such thing in spite of being reminded that his oath required it under the instructions of the court under the circumstances es mr mckay thought tae juror incompetent the tae court asked for his name and mr clayton was named as the J juror mr clayton said yes he was the abe one and desired to correct mr mckay in one particular that he had bad pot refused to indict where the evi elwe warranted that he had bad voted tor for indictment in that case ur mr mcjay stated that the point he was jie he juror refused to bade mud id more than ona one indictment the juror assumed to say whether the law aw was correctly laid down by t the tie court or not it was not disputed that the grand uror had bad a right to say whether the eyl evidence was sufficient c e not but the g grand d juror claimed that even where the evidence was clent the finding of more mere than one indictment was ancon that the law lav of 1861 fixed the maximum punishment for pot poag gamy and the u ads law showed showed it to bo be uie tile intention to fix the utmost punishment tor for unlawful cohabitation cohabiT aion aon which he robed the junior off tuse at at six mo monttie ottis iro and fine mud aud to find two or more indictments against a man maa heffi ib be punished to even a greater iban for polygamy mr icky stated further farther that there was waa souther juror he asked to have taken off for the same reasons mr jacob moritz and he wag waa informed that cheze were others mr air davis stated that in cef certain tain cases he had the same opinion as ah mr boritz mr claytob ws was inter interrogated rot r abed by the court and said h be bel belleret behaved leveT it was nas un constitutional to flad find more than one indictment the constitution pro vides that excessive floes or unusual punishments shall not DOC be imposed ile he said ue he did vote tor for indictment where the evidence warranted it but to SO 0 o back and find an indictment u for every bayor every minute or week tie lie would not indict the evidence showed the defendant bad d been living in unlawful tion for three years he would find out but one indictment he had advised with no one talked with no one except perhaps his bis wife mr moritz and mr davia thought that where pitr parties ties had aad aeeti indicted tried and convicted abode pur parkieb aeb ought to have a chance after they came out then it if they live within the law they were ready to ind et ct them abe court then interrogated each of the other jurenic aurera as to whether tie lie wol took the same posit loa but they all responded in the negative court mr moritz mr davis and mr clayton I 1 am surprised fentje men that after you took the bath you did that you would investigate and en enquire q ure into a all the matters teat were br brought 0 ug h t before you yon and whenever tue e evidence v id he e was t 11 aj nt you would world the tae truth aud and nothing but the truth that you would not be influenced b U i tear fear favor or affection or vy any reward or promise pro mitie or hope thereof aberi of but in all your presentments you would present the truth UP anole arze truth slid and nothing but the that you will state you will not do it clayton 1 I have stated slated that I 1 would and aad did so court the effect of your ata statement lemeut is to that effect I 1 dont understand it that wa way court men must be car wal when they take oaths moritz we had no n evi evidence deuce we take a vote on it court but you have no rib to state you would not do it you cauuet trefle with your consciences like that in this thid court it Is that men have not more regard for their oatha than that where th evidence is dent clent you have no whatever it f it to Is to indict you must indict if it I 1 Is not you cannot id indict let you have no mr more shaa this court has when a ease case is submitted to it it if the evidence is on oab way the court under its oath cannot find another it II 0 a case is submitted to the court it if the evidence Is g with the plaintiff it it cannot tind find the tha facto the other way so with a grand jury vou have not the discretion you must move directly according to your oar I 1 oaths and find the truth according tn g to the ev evidence evidente you have no right to say you will not indict though the evidence may be sulli clent you have no right to say s law to is unconstitutional or wrong after the court charges you that it is the law ian it Is the duty of the court Cour courato tto to charge you what the law is with respect to your duties as grand jurors and has baa so charged you gentlemen you are excused as unworthy to sit on a grand lary jury next nest unto you come before the court and are questioned as yo you u were in ahlo we case as members embers of the grand iary jury answer irsuto frankly ly and honestly and it djou yon go on the grand jury vou must st by ofir oattis oaths a ur mr moritz Mori U mr r dav dails ii sd and mr ar clayton you yon way may retire you are re discharged from this grod grand jury I 1 ury this afternoon mr I 1 mcay made an argument jn in support of the ton bm court hod had power to fill all the vaca vacant places in a the grand lury ry iffe he read from decision of abe supreme martin Court inthe hec clawson case affirming the legality of 61 the open venire process in IL pet petit et t jury and contended thatis was within th abe power ot the court to adopt th the e open venire course iside la abe present moeut tins ins instance ta nee at the tte close of his bis remarks mr that an open venire issue and tho the bourt court ordered that it be for or a six ix names sad and be returnable forth with I 1 this edloe was followed 1 as the aw 00 names ou on the jury list we were r exhausted the return ratum of the abe open ventre venire J 8 boott Soot tJ J T clasbey and A gebbardt were selected to all up the grand jury 1 1 thus it was made bleto a man to prison for the term of his bis natural lift life and fine him in a sum that could not be met by a millionaire for fol a simple misdemeanor soley be beaise use he happened to be a mo ho meorl doiy from that time forward until the supreme court of the united states interfered for a single offense of unlawful al cohabitation by the segregation process men were sent to the penitentiary to serve terms op on all the way from one to tot seven no jit ments or counts and were under fines in keeping with the same ilaine process the district attorney stated in the hearing hea ot of a number of persona with whom we are acquainted that thahue lit coul chuia send mr george Q cannon candon up for unbalance ot of his hia tile hie not taking the probable interference of the th t supreme court of tile the united states into account this did not appear at tae time to be au am idle boast now take the proceeding above quoted in irr another aspect t ane at expel tion bion of three grand jurors because they declined to violate the constitution and the filling fil lins I 1 ul the vacancies thus created hy by open venire process sint ami theu then hunt for a parallel in the history of civilized jurisprudence it simply simple cannot be foahd in what position did the decision of the supreme court of the united stales declaring unlawful at the action ot t the local courts la in segregating the of lense of unlawful cohabitation place the be district attorney and judg it plated them in one nae ot two lights that ot of a vindictive district attorney and a prejudiced court coun or 1111 als who were ignorant of the law trie toe latter themy is not a feasible one the court conn the precedents were without i tion against the position taken by tile local courts like Ban quola ghost the apparition of a vindictive district atto ney suit aud prejudiced court will not down it pops up in n the courts ever and anon as some arlion who did hot formerly ax ct a tair fair trial cumes comes juto into court with three or four indictments or counts oyer over his hid head for the same ot of feuse and the court dismisses all but onette others not having been the off shoots ci A a lair prosecution and an impartial court T acis vis has ie been eu 1 c X at evemy term of it court since 11 0 ce toe itie jail de delivery lively created by the decision decia detla a of 01 the court couri of last resort in relation to the continuous character of the off offense offence enec of unlawful ua cohabitation we have an immense budget of judicial pigeonholed pigeon holed they alif y 1 are handy to havi have I 1 in 11 the house bouse being portions of the record they the y are only of use ilse t to us in defending the truth when it Is ib xin unscrupulously scrupulously als assailed sailed |