Show AN ABLE SPEECH gliatis the geanine of the word cohabit AN EARNEST APPEAL mr Kirk patricks argument before the jury on bues tues day last w by special request we herewith publish the able argument af acif kirkpatrick delivered tor the de the jury ou tuesday last ni the united va lorewzo charged with bid wives gentlemen of the jury the defendant id indicted under the of the act of con great known as I 1 lie law provides that if any malever ma leper boain place ver iati aliu stales have exclusive jurisdiction hereafter cohabits with more be sherem provided it is hired atiat he defendant during tho year 1834 cohabited with aure than one woman and bour in alcons are limited to lie con duct of alie defendant during eliat ear alie facts bythe evidence lie in a ii arrow sand are briefly these the defendant has liv nr he resides in aiu city in tiia Terr Hury cupoo a certain blaek iu atiat alt two honi honit t B one old homestead under whose ample ami hospitable roof the b defuro ibe orthis law 0 congress with several C hia wn ed about twenty arda biffi laiu slum the old home stead bya aub aanibal fence gli which thern iaal led the brick house this the defendant here hu with one of aija he iiii lie old homestead to this hause in lay 1882 at athion pion aalde edmunds acab in utah lie hai ever hine laid hoin bla lie rehe receives ins there lie lives ho hu hlee ib lie anil thia flaa thu fit lh 0 alte ear at the uld i e aud the in oilier parts of the city jadie uni the on alir v reside to bliem the dt fondant befurt the elih act T all ftc cibit ci fit minnie kiili whom lie has y eiguy bafo narried ilir many yeara to of hem lor over feriv years to minnie ie waa married in 1871 they fach lave a jarney of children itie deen alio ad year of his aye all of there women are by the defendant they bear his naua rh ace slows con eliat ifie did y earls earl SS nor lias he since lived dwelt taken a meal slept or niada his house except ahe brick hou enor blinnie abow on two or three ocram ains only in 1884 he via cited the homestead bid abebe visits were ihmle imperially ti see one of his labit heern who was dangerously all viavin t ned by BO t tt of alie w and her no her ai the time of the injury gone to little valley for tie home with anem I 1 lla vil ta ivero iua de n the day thuie ind were nt to hour idich in duration an ono occasion rn 1881 the defendant wiatt a arria teat the house of camei une t the dived took librand his ritter kliza to lie house t her eon a few from Uri liani giai proceeded to his aarni iu an Itou rhe took harriet and in the canade and belt them at their bodein i by a ui ari olsen with the mat on tho front peat the m her and bielar bitting on the back seat in the apih anniversary of he waa celebrated in bri ham efly A banquet eiven inn taree hall it wan a public occasion abid tt vicinity and 0 o the hili danl in winch ahny held alie ie at that banquet all these balien were present eulanee Eulf nee beao federal repute as U alie de dei i lenila nib inan ller of living and alie lle bo r with these women lurlne jhc thc and it la all to ittu that it waa generally under ind ly lethu thu kulil liard anal dwelt at the h ue with minu ie his home wai ho titta amr oi made hia h uie at ary r mandated othar bonari vo nari an a hilali abild ith ilia ri bere iere bisno evi derice ahat he mt or any haher comein arini ur ini e ai hia wite no evidence of 1 with any other th eilef eneo rt and would havo irvil alint th arfe had none dorinn anle the bit the court ha ruled vp hae the herff arunno wih minnie know wh we youngest H 0 ld inter fo irK las athen place prior 0 o the past aate of tho rd 1 act se we ronlan sinfo lie hacob no efroni any of them t the courtr he haa them and their millet In comfort and he afla been considerate tn ida all of atheni rt advanced ape except minnie who is now about 35 01 fari i facts arc established by ln it J i fb 1 l disputable evidence indeed there is 10 conflict in the evi fence HS so anny of them the has placed upon the stand all of these women and has been permitted lo 10 crosso ex benine them their testimony ban been candid and straightforward without the attempt atea sion or subterfuge the prosecution has alo called lie deputy united states mar lial wl 0 made the arrest of the defendant upon this charge and he has testified that the defendant was at the time concealed in a in alie brick house but upon being d came forth and delivered himself up to the officer the crand jury has subdivided hie alleged cohabitation of the irto thrpo i n cne cn e one or which may be paid to eni lira c alie year 1885 another the vear 1884 and another t lie j ear 1885 ur on the indictment fur thu year 1885 he hax been already tried and con isted he is now on trial before you for the year 1884 and the third indictment yet remains to be tried gentlemen of the jury you are asked by the in to convict the defendant upon this evidence of odthe cri beof in lawful cotia bilins during thi th i year 1884 with more than one woman that neither in act nor intent ia the guilty ortho eflene charged against him now 0 ari ive ai a just conclusion as to his or innocence you should knowland kno wand consider alie circumstances in he was placed at the time this law of congress enacted in 1882 declares iha tifany pers n thereafter more than one woman lie shall be punished as therein pro ascribed scribed bed chaha the meaning oi alie word cohabit I 1 do not speak f its present for it has recently been defined by the supreme court united slates in the can non case but what was the this word at the time of easme 6 aliea t and dining tie vearl prior to its recent definition by baile ile supreme loain Loi in you will observe that congress rs does not attempt to define it it is usual forthe for the to define more or lean madu by law open any hoak of criminal statute anil will m i infer arson rl allery lery and alie loni catalogue f ofle ape B are with trealie aa antl in tents vi iiii h arn with precision so that all may know beforehand alie nature and chara ter of lie ads prohibited this law tf Cui aresa we hare only the d term kiili no at a definition hoever coli abit ahall bu pun dished was alien afa wora cohabit so simple in readily understood der stood that no definition wua re all aien at jrie un ilera in llie pame aeise on contrary e find it to be a wo rd full or uncertainty and it lias one me ielne in popular lan frape anoch erin tech aa the chamelin chamel wn chanca ch anea object on BO aliis word chants its nii ni libit ion it eyer v subject to which it is ap plied chief the opinion of our supreme courain Co of the united vs bays it la a word of flexible is equivalent to saying word ot hiis no one will tin popular lisa ducq of sexual inter is tta essential element if either ho of jury efera chareen cha reed willi a with a woman he would instantly understand lia sexual was mp lied by the charpe dpn the tongue is tho alip learned cliance llor aliah ali Mh of new york repeatedly bield li aises ual was also thu proper lecal alf alie word clr blahos a law diners from chancellor and holla that thai idea in not an essential clement jn derf niti n alie supreme court of aali after a and tive at the bar and areat by IB court excluded from of alia fermai ter mai mufed llila idea ilo fisi n has received the hichi approval of alie Kii premo of the united slates but not ita unanimous approval for two of justice field and justice miller dissent froni lh liller to Bavli at lie k bov s itao instance in stanie in in a the med in anny other than that of aux ual intercourse which 1 upon your mind and walli cuip you will hold prominently before you at of aliis cage it is this that the decision of the supreme court of and ohp of thu sn preme cohrt of tho united slates this word cohabit so far as they do deanc it were hatji rendered after thu timo mentioned in tins indictment after the year aflfe alie hail committed the ata herp chaberd to bo he hadnot nad not the lit hf nt dea to guidici his conduct those acts afo committed at a time this word baill floated on and tink elih svery subject to iw fo r the derision oath su court rendered it june W aua supreme t purt af pf i B it gentlemen un as his ward coh aws airi ord ihry 11 was botn its application to the tho his co religionists lavint in polygamy poly eamy the coulta have aliis law bt congress ws enacted reference to aitho nysted napo as it existed n cn was aware p w hanchin Hanc tin eu by the religions weed the blat it waa practiced herd and hi ed altu pr antico for twenty epars tho law polygamy poly namy passed in had 10 lo d law of congress Cong but the government lied taken uie asuree to enforce tuat law two u at or three convictions biad been had d aung that time but the law had fallen practically inan disuse and waa almost a dead letter upon the giamio book there were many who had married their wives prior to the pas sae law and who were therefore by ila provisions provis ionn r criminal laws 2 however it may be with fan never be retroactive haid altet alim iiii ae of that law many acra na bv bihy ihy inaction ard deeming acquiescence t the contracted poly and nut baini prosecuted or molested by tha KOV ir iia statutes limitations soon ran in their favor and so they were no liable t prosecution for p and down to the pa tf of he march 1881 there jsn law titi in no law shirli fore lale th of alie hus band with his wives I 1 1 had been winked aland in by alie until 4 carire ilasa nf f pone into it flood n w arntt acied 0 v tie lapse bt time and the bar of ahe of ns families of children Cl ildren abd been born in polygamy and there colaw aroh lillinn chrt utmost Iree dim of at tape muted together bv al those unspeakable hies and ahi h bind the faglier to the child the liu band to ahn wile thy children to their parents this condition a pei ile so delicately and ly there suddenly fell without like the graah if doom that law peremptorily prohibited ander severe pen ahia the habitation of any male person with enire than fine woman what would its effat eff ct upon the conduct and of the polyna mis s of utah the mean iiii of this word cohabit ai a i applied to them y it was tn the first place plain t lint con gross did not intend to abdole the father from any ofalie duties and b which to his rehi lin aa a faili cr for by alia seventh section of alie act the children of all which had been solemnized in with tan ol 01 the church of lat ter day S are male thus them fixin tho same plane und cl illein with the i imo the upon alie the hialit of ame to adu upon alie tor support and for the of all taneo duties which alie father oflas to a child so lar then as tie father and lna children are concerned this law did nol seer nor attempt to sever alie relations and the ex sating between them by thio thi o chiy cl 4 er aird mor before but as regards alio father and the mother of children thus madu what w H the fl eci of tins law upon alie relations ps itin between them it baa been likened by your hon ir juare bowels Io welS to a af diforca div orca alio cort paris n ii felicitous and striking but mill I 1 may lie parmi ted t is Biu illar thinas are never tl ie baidie truo here id alepa antho oae ai in the other bui in kind in character and degree A divorce implies alienated afflec aton usually nent ahe love which once has ben b en turned Q li atred the court may compel by it decree alie payment of alimony but it is a forced contribution reluctantly given ent the in bo other cass alel u there la ap no bitter resentment alie exl sited glows still in un warmth for is the mother of ilia children united to him by covenants consecrated by a copl n 0 o filfli and they ball eved to bu ludl soluble in atme ind eternity the love of alie father for hia children for the mother of his children Is as atron and ai deop aa befus f alil at abt law ann cnn no can annul ibex ti s by v of a higher law it Is written byllie of god f upon alie universal heart of humanity Beli old then tho difficulty alie infinite dink ulry of lila po n ahn comp l him to obtain a decree of divorce nor is he torn ke or place on record any public declaration that she la no lonar hla wife can lie without her consent taku away roin her his but t ills duty her and her children to educate an I 1 train intellectually and morally to the ability lie inua inu a a hicl n caring tor the fun lly he cannot tiit dw the whole burden upon her he iny nay he mu tt in the of those visit alie hobia t the mother and children resta 0 for he cannot tear bliem from her anus in and in fiill erlei cold bo ahr heart eliat could deny to herad to alif and alie sympathy ortho father all he may nay li Is lih 0 aty 1 I tl olei ach the acute hu inn it not cohabit ath her ur than one w man alien mut lie to acci pe the of the law gentlemen of the jur wliam fotr hid I 1 appeal to you individually ao babli to alio year laa the time laid in hi and er ali at lie of tah worda cohabit a iel i el tho qi conal Con Sl 01 ol by judicial dean alon you must deemi it for i i ou are to select from the mil ti plied arar aug or this biot term one hy your conduct bo sov amed you arc lt layer yer dud if you ask aliu law iw arti clea are pr give buk dubious aind diao nuni ref jonm V aji g in the darkins what can yo n 10 lo you fand in ordinary language in popular and with lire blat tho word ima ft well and that Is ednal intercourse poo that in defit f m any oiher inart pr you adopt of the word and conom your v i I 1 to it you thenceforth cease sexual intercourse with more than one woman you do more while you mike occasional virdis as in sickness or when necessity requires it in discharge of the duties you ow to your children while you support arr and them you aeao to live to sleep to eat to dwelt to make your except at the one house and with alie one woman what boull you think of alie jury which convicted you what would you think of a jury which taking a definition i f this statute unknown at the time at by the courts after your alleged offense was committed sh make an facto application of that dell altion t your past conduct and p nish you for not knowing and doing what it wai impossible for you nt the time to know and to ilo and what w uld you think of a grand jury which not content with one indictment should under such subdivide your past conduct into three in order to crush on under the load of accumulated penalties and and yet eliat is this case the d fending dpn the passage of the edmunds law ceased to cohabit w th moe than one woman in alio only sense in which he could then understand the berm not only did ho cease sexual intercourse but while in alie discharge if the duties incumbent upon him he visited on rare 0 ca attic houses where hia other wives and their ahll drin resided and provided for their support yet he thenceforth neither dwelt nor slept nor ate n r made his home at any hut the one house or with any woman but minnie snow alie evidence only shows the two visits to ills sick daughter in 1831 the ride to little valley eliere arah snow and her daughter were in the carriage with him and and the birthday anniversary these women lived upon their separate property and there Is no evidence that during that time he or announced or held them out as his wives or with but one of them as a lius band cs his wile and yet you arc asked by the prosecution se to find liim guilty can you do it and preserve your self respect would such a verdict have any ten ency to maff alie law respected or would it bring disgrace upon the administration jjustice tj ustice you may convict him he is a mormon because you are i bilm or but you cannot convict him upon evidence for there ia no evidence to justify lucli a verdict but the attorney for alie government feeling the of his cause alls back in Uc upon the fact that of jrsn ws arrest by the Ala h biad attempted to conceal himsl f from alie in a closet or cellar in alie brick house where he resides and it that this is equivalent fo a bonfi assion of guilt |