Show ABLE ARGUMENTS in the trial of kud er clawson accused i of before th the e third district court judge bennett shows the Frose cu tion tried to make a out ont of a Ms tall and anit llou hon F S richards eloquently close closes for I 1 the defense tho the arguments in the clawson caie on trial in the district courts court commenced monday morning mr varian for the prosecution arose to address the jury at ten minutes es past 10 the following synopsis of his remarks being taken from the deseret News once more lie said after the lapse of many years the tile government of o the united united states stales was brought face 0 to 0 face with the mormon church he said after many years for notwithstanding ti the mau legislation that had been on the statute book during all these years ears and notwithstanding the thel fact wai was b believed and nad been believed that open violations of the law directed particularly against th the e prominent crime in this community had taken place that few very few prosecutions under the law ba had been brought into the courts of justice perhaps there might be reasons fur for this which would be apparent to every man mail who lived iu in this community at least certainly there might be reasons mv made ae apparent by what had transpired din in this case ease showing the which surrounded surrounded a prose cu tion of this kind in this community for years the church domin dominant antin in thia this community had bad arrayed itself in ono one particular matter against the law of the land claiming the protection of the constitution asserting that in it is guaranteed religious liberty and protection in ili this particular matter in this way this church had defiantly set its face against not only the legislation of the congress but the tile decision of tile federal courts and it the tile church had assumed to bo be to itself a it law higher I 1 than han the law of the land forgetting that it had its very exis existence from this government that the very land upon which were built its temples and its tabernacles that the ery very fields from front which it drew its tithing fund that the very expenses w which I 1 enable it aitto to carry on its local government government in great part at least lad 1 fallen from the munificent hand liand of the government it I 1 has 1 as presumed to arrogate to itself a m power tent mi not belong to it to take from the people that which belonged to them first in the history of thia this matter it was claimed in behalf of this people and this church that it was a tenet of their faith to practise plural marriage that ili at that being beine so it was under the tile protection and should receive the of hie the tion of the united states and upon that issue it went to the country and upon that issue it went to the courts and upon that issue it fell to the the ground the federal supreme court shattered rel that theory in the miles case which all would recollect went from the tile court in this district through the supreme court of this territory to the tile federal court in washington it was squarely presented dand and lie the decision squarely made that no such article of taishin any ally sense could be deemed to bo be uni der the protection of the federal constitution stil ution now recollecting that the defense in this matter to which bich he be was nm now alluding was predicated upon what waa was said to be the law of the almighty mighty it would seem to be heretic lie at I 1 least east th that at I 1 if f 0 obedience bed I 1 en ce waa was required red to the law as given by god that the tile same obedience would require a submission to the consequences if martyrdom was to bo be invoked martyrdom to must be endured and it waa was hardly to be expected that those who tided what was termed and known as a crime against a law of their co country un when called ti upon to answer the consequences should seek to defeat the tile administration of the law by acts of concealment by covering cov erins up the acs acts and facts by denial a as Is well as evasion by equivocation and fraud mud that was not tile history of martyrs in this world that had net not been the bis his ry of men who misguidedly perhaps believed that they were right in performing ats acts in defiance of tile law of the land on the other hand history was full of instances where men had fearlessly submitted to the consequences of 0 the law the spectacle presented in this case was one of an organized community jar an organized religious society teaching from ts pulpits shaking sp aking through its press announcing through its oracles as an article of its it religious creed that not on only y was it right I 1 but it wag the duty of every roan man who could do BO so to enter into what was termed plural or celestial marriage speaking through these various means it thia this organized religious community said unto this people and the tile world that the tile supreme courton court of the united states was not the tile final arbitrator notwithstanding the fact that under the Cons constitution titu tion to it has to be submitted the final determination of all uIl questions arising under it notwithstanding that fact this religious society assur assumed ned to itself the right to sit in judgment upon the tile judgment of the su sal preme court and to decide for itself what laws were ere constitutional and what were not constitutional in this case the prosecution had railed mail many witnesses as it might have deemed to some of the jury without much necessity but they had a reason for the calling of every witness who was sworn they threw out and brought brou glit into court the tile heads of the church those prominent in authority its elders and Us its Bisho bishops wherever they could find them thera as well a allne the immediate relatives on either tide side of the families intimately interested in this prosecution for the tile purpose of exhibiting to the jury and to the court something of the difficulty and the raaon reason of its o in carrying carrying on un a prosecution tion in tills this community con alty against any member 0 of f this church chuich I 1 it i I 1 1 I 1 fi ft I 1 u the prosecution n anted wanted to show abow to the jury directly if lf they could indi directly if lf they could could not that although it was enjoined upon this people e publicly at their meetings and in t their pir tabernacles to live their religion yet that command wag ay to ile 10 carried out tn in se precy that t was to be en shrouded in th the darkness aran ess of the night that ab nb no one onee connected nee d TV with ith the ce remany must allow his ills r right ig t hand to know what ble leffett ban hand d d did i no one from the president do down wn from liim film who stood as the great mediator e between this people and aed their master faster down to the humblest elder in in the church no one had said that he had the slightest idea where any record could bo be found which in any ilay 1111 way aa would show that the marriage mar riago lidd taken take place such an abject ah all pence irence of memory 1 such an utter blank of thought such an n utter disregard of every obligation imposed upon a citizen I 1 eaf of the common country was he lie apprehended never exhibited in a court before 1 I 1 do not hot remember 1 I do not recollect 1 11 1 I 1 think there must be such a record but I 1 do not know where it is 1 I do not dare to inform myself 1 I will not be good enough to inform anio ani myself the these seand and similar expressions fell fast and faster from the mouths of those witnesses and he lie submitted to the jur 11 hat at as they looked over oyer this case and and reviewed reviewed it it in their minds all this plainly showed to them that there was as an organized I 1 effort ifo rl an organized system directed in 1 its Is objects to frustrate and defeat the administration of justice there was an innocent forgetfulness a forgetfulness which if it was innocent characterized and stamped the witness with adnew credibility on the other hand there was a forgetfulness which was guilty in its origin and its conception and a man could commit ter perjury by saying he did not remember or that he lie did not recollect as he be could by affirming a negative to a fact tile prosecution had been charged by the Church with excessive zeal it was said they were manifesting roani festine too much zeal in this matter in ot other he r words that they m were ere inquiring into things that did not concern them if the officers of the government representing this and other prosecutions were manifesting any over zeal in the performance of their d duty in their endeavors to enforce i th the law he failed to seo see il it and he took this opportunity port unity of saying in behalf of the tile office he lie was now representing that they proposed going forward in this matter and manifesting all the zeal that cases would warrant in their en deavors to bring into this country a law of the land which ought to bo be predominant and preeminent pre eminent here that was what they were going to do about it this case against this defendant stood before them upon two charges one for anuil an lawful mar luar bac alagy ana and buo air tion ion so far as the second offense waa was concerned ho lie would leave the discussion of that matter to those who would follow him it being his purpose only yi in in the beening opening ening to di attention I 1 to tho the oE c chain ain of ev evi 1 i dence that had been woven about the defendant and which he though abundantly strong and capable of ot holding boldin ghim him fast upon the charge that had been presented against him air vanan then proceeded to expound poun to the jury the law on circumstantial evidence contending that un der certain circumstances it was worthy of the same game belie belief as other elj dence in this case direct and positive evidence could not be obtained and therefore they bad had to rely upon circumstantial evidence he ile comi invented upon the tile disappearance of lydia spencer mrs annie dinwoodey and mrs Alar margaret giret clawson the first he lie said had gone where alin th woodbine gwineth tw I 1 ineth the second had lad vanished into thin air and the third had taken the underground railroad all had gone nobody knew where but notwithstanding this that the rule of jaw law put the burden upon the prosecution to mako make out tile rase case still as part of that rule or embraced in ita its scope theio was something more A case might bo be made against a defendant which required explanation but if f the facts were viere all peculiarly and particularly ticul arly w within tho the knowledge of any one else he must be called upon to combat the tile presumption raised by the facts already in evidence against him and if he failed to do so the facto facts in such a case might ripen I 1 into proof sufficient clent in degree mr varian next proceeded to review the evidence in the case he ile referred particularly to tile thred witnesses that had been brought forward to impeach the testimony of james jaynes E came caine and contended that witness testimony tee had not been shaken in the least on the contrary the lit e cross examination of those three had tended very ina materially t eng i lily to strengthen and build tip the ca cas caseano cand certainly showed that carnein Cal nein main that the defendant had pao in iff re reply PI y to his ills question tIon wito as to whether lydia spencer waa was liis ills second wife never WIL wavered vered in regard to the reply that he received namely yes the commission of this co con n tended had fortunately been brought it to lights light A chain of circumstances had bad been woven around this defendant strong enough and connected enough to raise in the minds of the jury beyond a reasonable doubt the tile conviction to a moral certainty that be he bad had violated the law and that he must atone to the offended law were tile they athe aba jury to setback sit back in their chair chaiA sand and cay sly no man saw this marriage no witness reco recorded crded it rid no book is prodie produced ed to bear testimony to it if they did they gabeno gave no weight eight at lit all to the tile evidence that bad been adduced in thid this case evidence of the very best beat and most convincing chars chat acter if they did do that then they might close the court because said mr air varian 1 I tell you that you never will get it cased case of polygamy I 1 gamy here where you yon can estabel establish h the fact by persons who saw it he thought ha was justified iusti fied in mayine fromi what had been made apparent in this case by the witnesses they bad had called bit there was a settled persistent determination on the part of the mormon church hurch and its adherents to close all the tile channels that lead to the temple of jui sti ceto frustrate in every way wa and defeat d the ends of justice ans and to prevent ithe enforcement of the law in this style mr varian proceeded I 1 to attack the mormon church and to contend that it fused frandler t I 1 I 1 I 1 1 jury jury and corruption to defeat the tile laws aws of tho country at court reconvened when as is bur our special reporter recounts mr fr varian resumed his argument stating I 1 that lie desired to show that the offense HAd been committed within the jurisdiction of the third district court hia his attorneys might claim that lio lie and the woman with whom he has entered into a second marriage entered d into each such a marriage in some other county outside of the J jurisdiction u ris of this court we have evidence given that he be did not leave the 1110 city without the permission of III ins s employer at the time when the marriage is alleged to have taken place there was no evidence evid ence introduced to prove that clawson and lydia ydia spencer went nent outside of or this jurisdiction ta to have the ceremony performed eave A and nd how easy thia this might lavo been done clawson Claw json is a oung man but he lie is old that civilization and law was making its course westward and lind that it must at last take effect among this people they must bend to I 1 it and and it ibis is I 1 the to duty of odthe ithe jury to con convict C t upon the evidence that has been givers given he lie closed hia his ler remarks narks in a very spread acad eagle way pv predicting edic ting the fall fail olp Mormonism I 1 mr hennett bennett addressed the jury faethe for the defense he lie stood before the court to represent his adient clie n t rudger clawson not to defend a church if he lie believed that the jury could convict without legal evide evidence i nce ho fie would not say another word but taka take liis his hat and go admitting that all his opponent lias has said concerning the mormon lormon church i is s true can the people odthe of the united states afford to convict his client without legal proof bopf so easy it is to get git fill up a prejudice fr u d ice against a member of an unpopular church that governments flave have enact enacted edl unjustly terrible aronas against innocent people who should not have been tyrannized you remember the massacre of barthol omea and the p persecution of the jews J 0 ws which are an a n everlasting disi race to the nations who partake in them we wc are not liere here to try any one for a conspiracy to commit per jurgas our friend who has just spoken would have havens us believe we are here to try this case the jury have no proof that in mr clawson married miss hiss dinwoodey he was a man not already married no evidence is riven given that mr clawson lias has I 1 lived ived with this lydia spencer true it is stated that he plaited her but if the tory jury convict on his its te testimony almony they them are not the men I 1 take them to be if you convict him of cohabiting aih with her on this evidence beware I 1 then there can be no safety for any man mail to visit |