Show FIVE MONTHS imprisonment and a fino of hundred dollars is the extent of mr in greets his statements to the court aliis morning i the court was ten thia morning hon P II 11 emerson asked that passing of sentence on the defendants in the case of the people vs graham and muir be deferred for ten days the verdict in this case was returned shortly before on sunday morning tho defendants being convicted of assault only the passing of sen was set for thursday ing at ten at which time if jhb defense hayo any motions to roancy the Coure will hear them the passing of sentence on mr job been set for today thia matter was then taken up and the court informed mr pingree that he had been convicted of unlawful cohabitation with two or more women as his wives and if he had anything to say why sentence should not be passed upon him he would hear him mr pingree then addressed the cart as follows if your honor please three years ago last march ibis law called alie edmunds law was passed I 1 married thia lady with whom I 1 am accused of living in 1861 and we had lived together till the time of the passage of the edmunds bill at that time I 1 consulted with mr tanner a lawyer in this city in reference to the course I 1 should take so that I 1 should bejus ched and and not be liable to prosecution under thi slaw I 1 read in my dictionary that dwelling in the sama country constitutes cohabitation but even ilaman is separated from hie wives the law presumes cohabitation with her the bourse I 1 have taken was recommended by mr tanner and ho informed me I 1 could go and sec the children as it was my duty to educate them and care for them when they were sick but that I 1 must discontinue making that my biome accordingly on the last day of march 1882 being if I 1 recollect ari glit on a friday I 1 discontinued living with two women as my wives and since then I 1 have not been seen them at the theater riding out with them or going to meetings or parties or anything of this kind no man can sayi have considered this woman as my wife since that time orah at I 1 have been seen with them as stated it was stated by one of my children that we have visited his house but we did not co or camo away together it is true I 1 undertook at that timeto live within the law and have kept it ever since according to my best understanding understand ng thu charge is preferred against me by come stranger whom I 1 have never seen before and t do not know that I 1 ever baw him previously but ho was imported biere I 1 presume by commissioner mckae I 1 was brought up oil tills and convicted on a presumption and no doubt if I 1 biad presumed U buy the gentlemen of the jury and promised them in a week or two or a month they would have taken my word it was supposed by many I 1 would have been acquitted and I 1 am half inclined to think the prosecuting attorney thought I 1 would be acquitted I 1 do what your honors feel ings were about the case 1 have on two different occasions been called upon to decide on real cedato when hie D it G came in hero these questions were before cormons mormons Mor mons and non Mormon 6 and I 1 endeavored in these cases to defair and liopo the gentlemen of the jury have done alie same to roc if they have not I 1 would just as soon be in my position as theirs there is another item my attorneys have asked to move fora new trial I 1 told them I 1 would not do it your honor has heard this case through and probably know as much about it as you would jf it through another trial aien co I 1 do not ask forauer trial but submit to your honors disposition in regard to my case the court the court would like to know what your course in the future lato be in regard to alio laws of this country you have stated gothing on that subject and I 1 simply rail your attention to it that if you desire to eay anything about it you aay mr pingree that is something I 1 know nothing ati all about I 1 am now 47 years and what I 1 may do in this future cannot say As soon aa this law was passed 1 endeavored to keep it and have kept it according to auy best understanding evera nice one tiling I 1 do know thero arc plenty of men who would bo willing to a case nie I 1 have been a law abid inezian all through I 1 leayo now more than two years I 1 have paid ray taxes but who shall spend them and us far as the future s concerned I 1 cannot say what I 1 would do horo mr pingree related an historical in a measure his position your honor ia to decide by my conduct in the past I 1 leavo kept this law to a instructed ino to do the court you are in error in one regard that there are people willing and to convict you whether or no the fact warran lit 1 that fenot the feeling I 1 take it in his corn i mui ity I 1 know it is not tho of the american people or of tho adminis to leavo the law enforced with any vindictive motive but in order to obtain obedience to the laws of the country I 1 of course cannot see why you feel that way you had if you wll re view your trial in an unprejudiced manner you will recollect that you did not state to the jury what you have stated to the Court you will recollect ahat you eat by your own chiev your own daughter said ho did nut know the aye of your you tell mo you arc a fol luwi alio fijn eek and lowly jesus it cannot be that your caches you hat you should allow bour children to testify in the vay her own mother has told iio could not be produced at the trial that site could had bhe chosen toli ave lone BO aa botho of the there not one word from your ecla not one word ns to your having taken counsel you and your counsel and every little fact that was proven by the prosecution was only secured by great effort from your knowledge of men you must recognize clial the testimony which was secured carries with it far more weight than that of a voluntary nature that is the manner in which your case waa presented to the jury they deliberated for over two hours returned a verdict they did it with feelings of sorrow you and I 1 know some of personally we would trust ahm with fame of our most sacred affairs and 1 believe their verdict was a conscientious one mr pingree Pin grce in repard to this young ladya testimony I 1 was sorry to hear it but I 1 do not myself today know cay children if I 1 haal known the age of tho child I 1 would have been willing to give the information where a man has two or three children they are in the habit of habinc birthday parties but where there are 17 children with 17 pairs of shoes tobay and clothing for them all to be obtained and I 1 have worked liard to obtain them consequently birthday parties were very rare the ages of these children were reported tome but I 1 never put them down I 1 do not recollect them all my attorneys desired I 1 should make a statement but I 1 told them I 1 was acquainted with those gentlemen the jury they knew my course of life and I 1 felt satisfied they would brine in a verdict judge said that if they had been able to refresh the mamoo ry of the witness in question they would have been happy to do so the witnesses were inexperienced and the defense considered it would be in their favor to show that the witnesses had not been tampered with mr pingree offered before alie commissioner to assist in getting all the witnesses that could be obtained in his family the range i of that law no man can tell mr pingree has striven to live within its requirements the government certainly does not want to imprison one of its citizens when he has been trying to live within the law mr is a valuable citizen and is needed here at the present time as liis services are invaluable and with his present knowledge of tho requirements of the law should sentence be suspended he would be here six months from now and if he again disobeyed the law the punishment could be inflicted mr kirkpatrick said mr pingree has not been charged with murder felony or arson he has injured no one he has trampled on the rights of no human being he is a pioneer of the country and one of the foun era of this beautiful beauli ful city he has been honored with many public positions which he has filled with satisfaction and the breath of suspicion has nayer blighted his name ho has maintained his family as lie should do and he is universally respected and loved mr Pin grees case differs widely from those of bigamy practiced under any belief or condition his course has been open and frank and no deception has been performed these marriages were con tract edwith the knowledge and consent of all parties call it a de buslon if you will by the seventh section of alio edmunds act it ia louly the children of mormon marriages that are before the passage of any law against the practice of polygamy mr ino bediance to what he believed to be the boico of goj took theae women as his wives the act of 1862 could not touch hi case therefore his cohabitation was lawful until the passage of the edmunds law and at that time he made an honest effort to obey the requirements of that law these matters are only mentioned that the sentence may bo mitigated if nol that when peace may brood over utah his honor may look back upon his own course with approval the prosecuting attorney said be had seen through the press and in comment on this case that the prosecution expected an acquittal these prosecutions are considered persecutions and that those who represent the government take pleasure in grinding into earth helpless and unfortunate men but in this clai of cases is in all others the prosecuting officers will endeavor to use discretion and will not knowingly doan injustice to a man hii H a mormon if there was a doubt in ills mind as to the outcome of mr trial that doubt lw now passed away in his judgment the jury could have done no less than they dul and he considered it unfair to eay that under the circumstances and the evidence the trial and conclusion was unjust mr kirkpatrick said a great deaf might bo in answer to mr but ire would forbear because it is irrelevant to the case it issue the court to mr pingree Pi ogree the court lisa learned since your trial verdict of the jury that you are not without friends in this community A greater pressure than you are aware of haa been brought upon the court in your case the court ha to on public ground aby gentiles Uen tiles as well us by cormons mormons Mor mons to suspend een tenee it has been told that it is necessary that yon remain lie reto perform your of dubien in this city of ogden tho court has studied that matter aud conscientiously but it has seemed to the court that is not 11 stoic kint reason for a suspension of sentence because whilo the public may suo er it is an example to tha public it is not more of a cause for a suspension of sentence than the fact that your danily needs you and that your family will buffer indeed the suf feringa of our family appeals to the sympathies of the ruurt more alian brings of community they hayo inadi preparation they ace not put butny more if you aro lauon from hrc by the hand of the law than if you arro removed from hereby the hand of god tho court ha been asked to to remain the months of july and august but it lias seemed to alie court that under alio when men of your faith stand hero in def iauco ortho law claiming that they were liht justice must be served the people of this territory are violating a law and must bo caused to feel that punishment will bo meted to those alio ollend and that there will bo no hesitation in regard to it the court lias carefully considered the case and has gone over the evidence and alie rulings BO far aa I 1 could remember haye been considered I 1 leave read and reread re read the charge to the jury because of your high standing in the community I 1 have felt that your example is much greater it eevea the court no more reason for a suspension of sentence in your case than it would in the case of a poor roan who stood before aliis bar with ho one to speak for him many have spoken for you alie lady whom it was impossible to find during the trial was visited by the court alie prosecuting attorney he has made diligent inquiry since the trial to if possible make certain whether there was any mistake has him visited your home conversed with that lady and with your daughter and has seen the child pearl I 1 say this to show you I 1 am not passing sentence thoughtlessly I 1 probably you have punishment enough so far as you are personally concerned I 1 understand that your position your sensitive nature is exceedingly trying to you you say to me that you leavo tried to aliye within the law today to day you cannot tell me what you will do I 1 wish you could have done this reason if I 1 could send forth today to day in this community under a suspension of sentence such a mad as job pingree who by precept and example would show the law must be obeyed I 1 should send forth a missionary of the court I 1 am borry to say I 1 cannot do it I 1 must consider the public for I 1 lind those who violate this law justifying themselves urging a violation of the enactments act ments of the government claim me it is unconstitutional and setting their opinion and judgment of the law above that of the law makers you have had a fair trial and you do not seek to move for a new trial As to what I 1 ought to do is not an easy matter to determine these punishments are given simply to convince those who are convicted and those who learn of them that the law must be the sooner it ia obeyed the sooner that era of peace will come which your counsel referred to so eloquently must disperse from the minds of this people one fact and that is that this law is not to be enforced and it may be disobeyed with impunity your government has to enforce that law would it not bo better for you mr Pin greo to say as a loyal citizen that you would eo forth and by precept and example urge its obedience today to day judge williams it lies in this way he has been trying to obey the law and what he states ia lie does not know itow the court will construe iti in the future the court I 1 have given him opportunity port unity judge williams do not want liim to do anything contrary to his feelings auy more than I 1 would contrary to mine judae williams well if he says lie will do a he will doit he is just that kiuji of a jhc thc court thu sentence of the law ia mr that you be con fined in the penitentiary for a period of five months and that you pay a tine of and aland committed till such fine is paid the grand jury came into court and reported two indictments under territorial law and one united states case mr C Y hemenway pleaded not guilty to the charge of libel the privilege lege reserved of entering a special plea A receda till two pm waa taken SESSION the burties for the witness annie dyer produced said witness in court and had their booda released the order for the forfeiture of bonds was the witness was then placed in custody of the marshal till ehe should furnish bonds in the sum ot 1000 for her appearance af the next term of court cleveland and michael curry pleaded not guilty to the charge of burglary the trial was act for wednesday henry borg pleaded ty to the charge of assault with a deadly weapon and the case was continued for the term the case of the people va jolin rockhill Koc khill charged vilh selling whiskey to indiaola Indi afla was culled a jury empanelled empanel led and the case pro acceded with |