Show PRESS OPINION wt tho recent dissenting opinion of justice icema destined to meet universal approval by all par save only the violent anti Mormon and even some of them endorse it as a matter of policy while not lilting mohave their opinions in re matter published with their names the members of the bar in exception are understood to either entirely or in great part endorse the dissent of justice powers r on this topic the following excerpts from territorial journals will be of interest deseret the opinion of judge howera shows that alie present utah Judge saro abnit regarding the application of the law as qualified by what they claim to be the intent of congress b is wide apart from his judicial associates in uial views regarding the procedure of the courts in the class of cases arising under the edmunds act settling upon the character and aim of the law beets out upon the th eory that defendants in cases of this class ara actually entitled alo fair trial tina is a decided innovation upon the tactics of the present antt mort mon crusade cru aade sn which the whole iudici aF structure has been transformed into a machine the phrase adopted some time as a qualification for juryman jurymen tells the whole tale in sympathy the prosecution it is indeed refreshing to observe that the first da socratic mo cratic judge appointed by abo present administration has the in dependence to take the around eliat a mormon placed on trial jn tho courts of utah rights that are entitled to rca without a direct allusion bywords by worda audgo powers delivers a forcible at the absurd crusade theory of separation separ atlon of plural wives from their husbands by what has been denominated in cruzado parlance judicial adjudication of course he holds to the self evident truth that there can be legal divorcement he maintains eliat in order fora man who baa been living and cohabiting alli anoro th anone woman as wives to abe edmunds act his depo toward hid plural wives must be of the nature of that of a wan toward a woman from whom lie lias obtained a of divorcement consequently according to liis position a case the prosecution would leave to show that misconduct bis conduct has been that nature nothing can clearer than tho reasoning of judge powers upon the point of plain injustice having been done to jhb defendant musser in allowing tho impression to remain with tho jury created by cemarka of alie prosecution to the effect that ho had been instrumental in putting witnesses out of the way There had been no evidence that witnesses biad been put out of the reach of the proa elution ec ution to say nothing of alie fact that none had been adduced to com hect the defendant with sucha pros ce eding allowing the jury to infer obtain the impression that an attempt had been made to influence one of its members in behalf of the defendant the court failing to instruct th e jury not to bo affected iiii favorably to him by that incident was in keeping with line of injustice provo enquirer if zane is the lawyer be is said to be lie must certainly know that judge opinion is clear legal and correct and that he was in error at the time of trial the candor of judge powers in fit anding out in BO important a matter to tha people of utah as the one in point will be received with satisfaction and joy that one of the judges on the utah bench is straightforward outspoken arid honest the opinion of mr powers will effect nothing perhaps to the men who are suffering from the unjust rulings and decisions of a perverse judge but it will have its effect in all cases which may be tried hereafter in that it will call forth more careful and lawful rulings perli aps and insure them a fair erand more impartial arial th 0 inga that the imbecile missionary judges zane and boreman got from Judg ePowers a few days aco in the supreme court is everywhere exception except in the tribune sanctum and the inquisitors inqui endorsed nearly the whole of the utah bar applaud judge powers manly and fearless attitude it is evident that on the territorial supreme bench there is one judge atlease who thinks that even a mormon is entitled to a fair hearing the opinion of judge powers hits zane just where helices he lives when the former said that zanes course on the bench tended to distract df the attention of th ejury from the real issue by leading their minds from the question as to whether the defendant was guilty of cohabitation to consider the peculiarities of the mormon church and to the fact that he waa a mormon Is it possible that judge bows pows ers also sees in zanes conduct the fact thai he is a missionary judge both dickson and varian also came anfor a fair ehara of judge powers just censure when the latter said A attorney plaintiffs attorney but a sworn minister of justice as much bound to protect the innocent as to pursue the guilty now everybody knows eliat the two worthies named have acted on a theory altogether the opposite of this sound legal doctrine ONE OF the members of the hew british cabinet lias an american wife and another has a eon who is married to at american lady randolph was miss jerome afew york and the son of sir stafford northcote is the husband of ex secretary hamilton fichs fishs daughter edith both of these marriages were great social sensations and the ceremonies were characterized by prodigious pomp and display if sir stafford northcote should be elevated to the peerage as it is said that he will be before becoming the prime minister his son would inherit his title and churchill though not an elder son may some day be the duke of marlborough or an earl of something w TOE counas of justice 0 W rowers during the im paneling of th e jury in the case of art A brown on tho charge of unlawful cohabitation yea berday and throughout the trial is universally commended by all those who were present and the proceedings of the court many new difficult and perplexing questions in every instance his honor showed such manifest desire to be absolutely impartial and adhere to the soundest principles of law that all within hearing of bis voice were profoundly impressed with hia le arnina and evident deep desi reto administer absolute justice under tho law A NEW bojet in alio yat tonal deview apostrophizes th general gor don AS follows t S fr y y s t d on the lone peak elain of alp like virtue not today to day and not tomorrow to morrow thy spirit splendor be victim but when god shall find all human grandeur among men for got only shall the world grow old and blind cease in her dotage to remember thee the latest war cloud and a most interesting contest it promises to develop if it burst s saya the alie government of hat republic having concluded to suppress gambling nt monte carlo haa notified the arinee of monaco alio runs all the gambling abere to that effect tho re eilea their instruct long to close with contempt and says that be will resist aa to with hia aws ness as the government has no jurisdiction over liis property |