| Show VARIAN VS VARIAN MR Y apologists who defend assassination and want deputy marshals to shoot and kill Mormon Mor mons sIl accused of misdemeanor if they do de not walk up and surrender themselves endeavor to extricate him from the feard fearful 11 muddle into which he plunged himself by screening instead of prosecuting the murderer of E M dalton la in doing so they mix up common law united states law and territorial law into a mess of hodgepodge hodge podge and then season the hash bash with a pretended decision of the supreme court ot of the united states which even if genuine gondine is incongruous to the thea whole it is all of coluse neither the common law nor the united states statutes nor lany provision of the territorial penal code nor any decision of the highest bichest legal tribunal makes makers unlawful cohabitation a felony that is a plain and simple proposition propos iLion and is the hinge upon which the whole question turns if if any question to is left we do not believe there is ig any except in the minds eye ye of those who want to whitewash A assistant ssi stant district attorney varian to make any color of justification for the shooting of dalton it ic must be 13 made a ade to appear that he be was to be arrested for a felony he was indicted for unlawful cohabitation vianar and his apologists want to make out abar this offence offense is felony the law of congress says it is a misdemeanor demeanor mig Is not that enough enouch no well we will cite Mr Varian against mr varian seeing that his sophistry is held to be of greater value toan than the plain language of the ed munds act in his plea for thompson while in the position of the prosecutor of thompson he said the deceased Je ceased was charged by an in the grand jury of this court and district with a criminal offense against the laws of the united states designated as ag the offense of unlawful cohabitation by the express terms of the statutes creating and olef kaing aing this offense it is classed as a misdemeanor 19 speaking of the common low law he claimed that it has no existence in its criminal form in this country said he As your honor is aware aart there is no common law criminal common law known to the jurisprudence j uris prudence of the united states polygamy which was a felony a capital crime in sweden at onel one time is not a felony under our law 11 71 polygamy which ts is called a misdemeanor M eanor in the federal statutes was a 6 felony la in the days of jamesj the first in that day a man charged with the crime of polygamy or bigamy might be shot to death by tae officer holding the warrant for his arrest if he failed to surrender so in this respect lif your honor bonor please we have grown out of the common law and the question is not ito eto be determined under the united states state laws now as it was to be determined at common law now what does all this prove why that according to mr varian neither unlawful ul cohabitation nor poly polygamy amy is a felony under the laws of the united states that under the common law an officer might dhoot hoot a felon escaping from arrest but not a misdemeanant that we have grown out of the common law so that now not even a personae person accused of felony may be shot down by an officer to secure his arrest much less one accused of misdemeanor for says mr varian the people have grown wiser and a better civilization has made greater progress the age has become more enlightened there is no provision in the laws of the united states authorizing an officer to take the life of an escaping person accused either of felony or misdemeanor to justify him recourse must be had either to the common law or to the territorial law mr varian says the first does nut not exist ech A in this country and the second does not apply where is he left then why without any ground to stand upon but if he be takes fakes either or both after repudiating them he is iu in the same unfortunate position for the territorial law does not notify justify j homicide la in arresting a person tor for misdemeanor and mr varian said himself in regard to the common law armed with a proper process or in sobie sole cases even upon a well grounded reason of suspicion of the felon the peace officer was to pursue the alleged felon to death this TA wu was not theale the rule however in cases of mis ints demeanor fie meanor 1 here then is varian against varian judge him out of his own mouth and his bis condemi condemnation kation is secured the common law if it prevailed here would not justify the killer of dalton the territorial law will not clear him and the laws of the united states afford him no excuse yet the prosecuting attorney C S varian justified i the a assassin and gifts apolo alses seek to defend him and to uphold the murderous doctrine which he benua encourage deputy marshals in shooting down cormons mormons Mor MW mons accused of misdemeanor under circumstances circumstance s which the law pronounces murder in the first arst degree but it will not avail we do no not t intend to let this affair be glossed over by any such perversions of the law on the part of the attorneys unprincipled friends the more they stir this bils matter the more it will smell to heaven and manifest his turpitude and the clearer will it be made to everyone who reads that variants Var lanIs sophistry is not law and that it will not justify assassination even if committed by that remarkable functionary a deputy marshal of the united states |
