| Show THE IDAHO conspiracy CASES THE idaho conspiracy cases have gone over for the term and it is in doubt ful whether they will ever be resurrected one of them was recently tried at boise before judge beatty the defendant was a man named west who had been indicted for wilfully and fraudulently registering notwithstanding that he was alleged to be a member of an organization which taught preached aided and abetted the practice of polygamy the defendant did not deny that he was a member of the church of jesus christ of latter day saints nor that he registered but he did deny that that religious body did at that time teach or had since taught preached aided or abutted abetted the practice of the doctrine doctrin ee off of plural marriage it was shown in 10 evidence that he had no fraudulent intention because before registering he be asked the advice of an attorney who told him that he bad a right to have his name placed upon the lists it was also proved that although he registered he made no attempt to vote at the sub sequent election the district attorney worked hard to make a case but it was uphill work he was driven to one point upon which the caw case necessarily hinged did the church at the time the defendant registered teach preach aid or abet the practice of polygamy the judge was fairand fair and impartial exhibiting so BO perceptible bias consequently he refused to permit the district attorney to go behind the time of mr registration for evidence as to the teachings and practice of the church in reference to plural marriage the prosecutor had but one recourse the standard publications of the church with special regard to the book of doctrine and covenants which was frequently quoted during the trial in his argument the district attorney insisted that the church still taught polygamy as there had been no repudiation of the expressions contained in its publications bons which exhibit the faith and doctrines doctrIn ts of the members while the prosecution was dwelling with much emphasis upon the statements favoring polygamy contained in the tha books president budge who was iwas one of the witnesses in the caw case sent r imeone who was present to pro cure a bible when it was obtained the attention of mr hawley attorney for the defense was directed without comment to three particular passages one of these references was deut beut twenty first chapter 15 to 17 versus versee inclusive it lays down thelah the law for the prevention of injustice to the first born of a family because of bias on the part of the husband toward any one of his two wives another was waft deut beut twenty fifth chapter ath and ath verses which requires in case of the death of man without issue that the brother of the deceased should take the widow to wife without refer ence whether or not the surviving brother was married or single the third quotation was 11 II samuel twelfth chapter where the word of the lord through nathan to david is to the effect that he had given the king the wives of saul mr hawleys harleys Haw leys attention had been called to these passages just hist before the prosecutor closed his argument and he had barely time to glance at them when he addressed the jury he made li no reference to them but treated upon the he other points and some of his listen IT grawert firs were afraid he had not caught on 00 but this was a mistake as mr hawley is one of the sharpest men in idaho he got around to the point in k due time and got his quotations in in good shape not thili failing Dg of course to i depict in tones of sadness the dire I 1 ire eon con sequences that would follow if the theory of the district attorney were i lived up to it would be disastrous i 1 because the various churches had failed ailed to publicly repudiate the sacred f book which constitutes of their faith those of their members who had bad registered and voted in idaho should be placed under arrest and ishad this argument appeared to produce quite a favorable effect in addition to which was the amusement created by the strange fact of mr hawley probably for the first time in his life or at least since his bis sunday school days quoting the scriptures the jury stood ten for acquittal and two for conviction and the eleventh mau man was heard to say after dismissal dismie sal that if one more ballot had been taken he would have gone with the majority all the cases of this class clam went over for the term and it is doubtful whether any attempt will be made to bring them out of the they deserve |
