| Show H H HAWTHORNE he Rec receives etves a heavy sentence four years in the penitentiary he does not believe in polygamy aud and ts is willing to obey tine the law but bat that does not kot count lu in his case the time of passing sentence Ben tence upon henry H hawthorne convicted of polygamy oly gamy having neon been set for toda today to da day y in in the third district court this morning mr mcbride for the defendant made a motion in arrest of judgment on the ground of the insufficiency of the indictment etc this was submitted without argument and overruled A motion for anew trial on the grounds that the court had erred in its charge to the jury was also overruled at the request of mr mcbride ri e sentence was deferred until 2 mi pm ni tais al afternoon f t ra when h the defendant w was A called I 1 d to re receive e I 1 ve judgment mr mcbride arose and said that at the request of the defendant he would read the batters lat statement in this the defendant alleged that in june 1885 he had married mary buckley in england he and his wife came over to the united states his business required him to travel considerably and toward the latter end of la last st year he came west his wife was left with his sister in connecticut in comfortable circumstances cum stances in ID march ISSO he was surprised at receiving a letter from his wife about the date of her departure tor for england stating slating that she was going back to her family and that he need not follow lie he tried to conciliate her but failed and was given to understand teat she wanted nothing more to do with him lie he came to L utah lab where he became acquainted with jewett B francis and james mcknight he had never heard of the latter ls s being dis barred and as he was a person of P pleasing lea sing address he be became intimate e with him he knew of the I 1 efforts of mr francis to induce mrs warn to marry his nephew mr wood the defendant in conversation with mcknight had told lold him the circumstances of his hla case and of the desertion by his wife and was assured that he was tree free to marry again a n he said he was not a believer e r in the doctrine of polygamy and me mc told him that as hla his wife had haa deserted him and gone to england it would not be committing polygamy poly for him to marry again he paid mcknight 20 tor for his services including the performing of the marriage ceremony the story of francis an c is that the defendants former wife mary mar y buckley was in poor health and ha had given birth to a child was untrue the latter part could not be true as miss ta buckley latley was forty five years old when he married hers he believed believe dl a mcknight McK nighta statements to bo bis true when w hen they were made aut lie be now believed they were made with the object of getting money out of him as mcknight had since demanded lof of mrs warn 25 2 5 5 for perfo performing the marriage ceremony he had been called a gentile polygamist As to that he would woula say that many years ago he had heard preached by a bishop laba summer he was baptized in this chiy ity by hider elder empey as he be had haci accepted the mormon doctrines except polygamy that he did not believe lu ir tie lie had been in toe the government special service thirteen years he had now two honorable discharges tor for services gren dered to the nation ile he had not knowingly broken any law he was not in good health being afflicted with neuralgia neu and other complaints he would be grateful if the court saw fit to graut grant a suspension of sentence lie he was willing to obey the law and be A good citizen in the future as he had been in tile the past district attorney dickson opposed the appl application icat on ot of the defendant for leniency H he e believed him to be an impostor he e had received a let er from a barrister barr ster of maidstone mal Maid ston england who had informed him B mi miss I 1 S buckley was an esti estimable mabl oung woman the defendant had left lef t her without assistance and it was only after repeated and vain appeals to him for aid that she had returned to england lie he would woula not be positive whether 11 e ther her chil child d had been born after ri her er return or not he nad bud of marriage in which it was shown that the defendant had called himself at that time hamlet henry hawthorne physician but DOW he appeared in a different role 2 ole it seemed absurd that a man of his intelligence should believe he was free under the circumstances which existed it seemed strange too that he had been baptized into the church without having investigate dor believing in its doctrines it looked to the district attorney as if the defendant bad married mrs warn to get her money the marriage had not even been through religious religions convictions as the defendant had himself admitted admi ted and therefore he considered he was not entitled to any leniency the court informed mr HavO hawthorne thorne that it considered that the statements made taken all together gave no excuse for his bis course he had committed an aggravated offense off euse the institution of marriage was most important and on it depended the welfare of mankind the defendant defend aut appeared to be intelligent arid and was of mature years ile he must be regarded as having knowingly violated the law of the land polygamy was a crime and when the law against it was violated the consequences must follow there was nothing in this case to palliate the offense ense the limit of the law was five years imprisonment and tine the defendant efen dant would be sentenced to confinement in the penitentiary for four years and paya pay a fine of and costs of prosecution and stand comi committed pitt ed until the flue fine and costs coats were paid the defendant took the sentence ce without any manifestation of feeling he was removed to the penitentiary this af afternoon vernoon Ler noon |
