| Show REJECTING MORMON JURORS the february session of the third district court of the territory of utah wao opened february 16 at 10 chief justice zane presiding there was a full attendance of members of the bar and a large number of spectators were present CALLING TH THE GRAND JURY this was the first business proceeded with clerk mcmillan Me Millan read out the names on the list hat previously drawn but only seven of the gentlemen answered at this time they were as follows george moore park city john sharp salt lake james jamea salt lake T C W wright right wm win J paino pal DP C E Want laud and george E wal wallace I 1 ace assistant district attorney critchlow in the absence of mr varian put the usual statutory questions to these gentlemen with a view to ascertaining their fitness and qualifications to discharge the duty required of them mr moore in reply to mr critch cratch low said he was raised in the mormon church but had never believed in polygamy mr moore was accepted mr john sharp jr said that as a member of the church of jesus christ of latter jay day Saint rhe fhe formerly believed in polygamy but did not now his opinion had changed more particularly since the passage of the law prohibiting it in 1882 mr critchlow we challenge this gentleman to io mr sharp do you mean to say it would be part rt of the cuties of your office offic as an older elder of the church to teach the people upon the quee question tioN of plural marria marriage gt mr sharp no Q does not that come within the doctrines which the elders teach A it is ia not compulsory to judge zane my understanding ix 14 that it would be wrong for a man to live in unlawful cohabitation under existing circumstances mi critchlow referring to statutory e enactments ts A ayes yes judge zane you do not know what the effect of the recent manifesto mani resto has been among the people whether it would be considered a violation of the creed of the church for a min man to enter I 1 into polygamy now A I 1 think it would be certainly mr james sharp was then taken in hand to mr critchlow bensaid be said I 1 am a member of the church of jesus christ of latte rd salts and have been for many years but I 1 hold no active office lama I 1 am a seventy Q Is it not your duty as a seventy to teach the doctrines of the church A yes Q also to teach the doctrine of polygamy and the having of mole moie wives than one A no sir and never was Q did you yoli believe in polygamy A not under present conditions and existing circumstances Q when did you form this opinion A I 1 have not believed it was right to practice polygamy more particularly since the passage of the edmunds law in 1882 Q did you not consider it right under the doctrines of the church A I 1 think it was permissive for the ers of the church to practice polygamy under certain conditions up to baafi as october Q with regard to the manifesto or declaration of last october do you not understand that to be merely a declai tion of the principle of the church A I 1 understand it to be a cessation of the practice of polygamy by the voice of the church Q that manifesto does not go to the actual belief but as to the practice of polygamy I 1 A my understanding of it is that it goes to the practice of polygamy and u unlawful n lawful cohabitation Q have you ever practiced polygamy or ever cohabited with more than one woman A ano no I 1 have not mr critchlow I 1 challenge mr sharp on this ground that he be does not state his unqualified belief that it is wrong to practice polygamy and unlawful cohabitation up to the time prior to the issuance lesna noe up 0 of the manifesto judge zane did you believe it to be wrong before october in last year to practice polygamy and unlawful cohabitation A yes judge zane suppose a man was brought before the grand jury who had been living in polygamy or practising practicing unlawful cohabitation before the issuance of that manifesto would you say ay as to that man that he was right or wrong A that he was wrong as I 1 understand the question the manifesto would have no bearing on the question at all judge zane you believe polygamy and unlawful cohabitation to be contrary to the creed of the church A yes judge zane mr sharp seems to answer fairly do you believe it was morally wrong before the manifesto was issued A well we legally judge zane in your opinion it is only wrong then by virtue of the law of the land A yes and in some countries it is lawful judge zane well it is not lawful here in utah independent of all law do 0 you believe it to be morally wrong mr sharp well if you ask aak me as y to my belief irrespective of all law morally I 1 do not believe it to be wrong judge zane then the point is as a juror you would act upon the question of polygamy and unlawful cohabitation as you would upon any other A I 1 would endeavor to do so Q would you be influenced by your own moral belief on the subject A 1 I confess if I 1 had bad any sympathy at ablit all it would be with the accused in any case but not to the warping of my judgment on the evidence adduced Q what I 1 want to know is whether you believed before the adoption of the manifesto that polygamy was wrong A in and of itself I 1 did not Q do you believe it wrong now in face of that manifesto and the resolution of the church A 1 I certainly do but in my own conscience I 1 do not believe it to be essentially wrong judge zane I 1 think I 1 understand you now inasmuch as there ruay may be cases coming before this grand jury where men will be charged with polygamy entered into before the 0 fuance of that manifesto and also cases of unlawful cohabitation I 1 am disposed to hold that you are not a competent juror I 1 do not think a man can be a e competent juror except ina in a case where he be honestly believes that the accused at the time he did a certain act was immoral I 1 should be inclined to think that that man would not be apt to act impartially if he be believed honestly that the defendant at the time he be committed the act did right be would not feel like finding an Ind indictment lement agal against nat him and assuming you believe that the act of polygamy before the manifesto was issued was not immoral in other words in violation of the rules of ethics of morality I 1 isho should ad think you would be somewhat some what lenient toward him and nd not impartial you are excused mr sharp mr john sharp jr reexamined examined re by mr critchlow I 1 suppose the answers given by you are much the same in effect as those given by your brother brotha A 1 I do not think my opinion differs much from his bis judge zane then you may be excused T 0 wright wm win J paine and C E next responded to thu the clerks call and were accepted as grand jurors W H dodge park city then came forward upon the calling of his name and satisfactorily answered the ques tion to him at this juncture mr Critchlow with a smile intimated to the C court that mr was very anxious to be excused from serving on the grand jury jud judge e zane inquired on what grou grounds ns and it was explained that the gentleman wanted to leave the city a short time on private busi business nem judge zane Is it important bustness business mr blushing and smiling ra a ther laughter clerk mcmillan turned round and quietly whispered something to his honor who uttered a feeble ohl oh P and said Is it business you dont care to mention mr Want laud mr hesitatingly ati ugly yes judge zane well under the circumstances cum stances you are excused mr critchlow he should perhaps be warned not to allow this to occur again judge zane well I 1 dont suppose it is if likely to occur again very soon by this time the joke was out the whisper had run around that mr was about to be married and he be left the jury box amid the chaff and laughter of his friends mr george L wallace a member of the church of jesus christ of latter day saints was challenged bythe by the assistant district attorney after which the court 1 I took a recess until two when it was understood the further selection of grand jurors would be taken up and also the choosing of the petit jury |
