| Show 4 THE EVANS TRIAL IN IDAHO 11 i THE charge of judge berry barry t tp t jury in the evans case the faw text of which will be found B A where lp ip this paper JR IS somewhat 0 5 A a surprise it is a fair and un blar presentation of the law affecting th case and establishes two or ahyet ta points which are worthy of aft tion in the first place the fact 1801 Is aclei pointed out that in idaho citi are debarred barred de from exercising an d privileges of the elective ift solely and simply because abey are arb members of the church of jesus christ of latter day saints the ie judge says this is the law and that it ia settled question iu in that Terril territory tory in the second place the tha right to withdraw from that church is conceded co but the secession must be real rank and not pretended in or order der to to the citizen in the position of a leal voter ain in the third place the intention of defendant to an alleged withdrawal drapal must be determined by the JW from the evidence presented at the trial and not dot from any opinions they may form from other floor ces in stating the law judge berry is of course co tuse not responsible for its vicious vicious character as he be had no part enactment he is to some responsible for the declaration of its validity but in decad tag that chat it is a constitutional provis aon he doubtless exercised his judgment hawd based upon his knowledge of the law and the principles of the constitution As he said to the uy men are at all times likely to look at things in a different light ra and nd we certainly view this mat er in ina a different light from that in which judge berry appears to be haw it so do eminent lawyers J who have closely investigated it and have pronounced it decidedly in violation yeamon of the supreme law of the land 14 this dispute can only be settled satisfactorily by a decision from court rt of last resort but ra u I 1 in n stu studying dying a subject 0 of f this momentous character the spirit as all well ae the letter ot of constitutional provisions must be sought after chief object of that instrument and indeed of republican government generally is to protect citi spins I 1 in n the exercise of all their rights lights 1 civil religious and political abad d the right to the free ex exercise er cisell of zie religion ligion is 18 guaranteed member abia in a church the tenets of which appear to an an individual best aupied to his ideas is part of that freto exercise of religion which cannot beibe be lawfully interfered with so long as af the individual does not by infringe upon his veigh neigh DOsH berty or violate the law he annat be deprived of any right or r privilege without violating the in c which was framed for the protection W of every citizen U it not hilt probable that in the wt ex cited condition of public sentiment fo idaho and the intense anti iona ofa prejudices prevailing there even J judicial uricial minds become impregnated with the virus of religious and political animosity and that their construction of constitutional P provisions ro visions is I 1 influenced n fluen ced thereby and made to turn more upon the technical meaning of phrases than the pure spirit of the eternal principles of justice in regard to the right of any member of a church to withdraw the judge only stated a self evident truth it needs no argument to prove that if a church member determines ter mines 8 to secede no power on earth can compel him to remain within its fold of course what he does must be real not a sham that also needs no argument but how is this to be determined must it not be by the acts of the individual if his statements are not to be relied upon and what act or saying of the defendant in this case was ad deuced at the trial to controvert his sworn evidence that he be had withdrawn as an actual fact from membership in the mormon church let any unbiased reader weigh all the testimony presented at the trial and then say whether from that testimony any juror could be justified in deciding that the defendant had bad not severed his connection with the church it matters not what his motive might have been the morality or propriety of his course cut no figure in the transaction if at the time he registered he was waa not a member of the church of jesus christ of latter day saints he was not guilty of the offence offense with which he was charged it is clear that only by presuming something outside of the evid evidence ecce before the court could any juror form the opinion that the defendant ants withdrawal was not bona fide under the instructions of the judge a verdict of acquittal must have been rendered but for causes which do not appear in the statement of the proceedings what were they the condition of affairs in idaho mu must st be understood in order to answer that question antimo anti imor mo monism is rampant there it inspired the legislation which arbitrarily deprived thousands of its most industrious and peaceable citizens of the sacred right of suf frage it has prevailed in the selection of jurors in the rendering of verdicts and in the framing of judicial decisions and opinions it is partly political partly religious in its character it affects all public affairs in that territory it has been that a mormon could not expect justice when brought to trial at for any alleged offense men have been sent to the penitentiary without any proof of guilt by juries specially selected to convict that five j aroi s were in favor of the ac of david L evans is an encouraging sign of a partial return to reason and justice in one district of the territory of idaho it is to be hoped that the reform will continue and make progress the employment of two additional lawyers one of them the notorious conc of the infamous test oath to assist the projecting ing attorney in making an anti mormon impression upon the jury is evidence of the animus of the prosecution and the determination to convict evans in order to prepare the way for the punishment of other seceding mormons cormons Mor mons whose votes could not te be counte on for the party that is moving in this matter the history of this whole anti I mormon conspiracy in idaho at will stand on record to the burning shame of those who have taken part in it and will disgrace that territory long after its promoters have gone down in dishonor to their political graves time and the eterna eternal principles of justice will surely bring their rever reverses and correct the evils which corrupt and scheming men inflict upon society through their greed and their ambition |
