Show FROM TENNESSEE s i A ll onnon elder indicted under a peculiar leuv i i the hallowin fal lowin correspondence Elizabet litou tennessee la te d july 17 1885 was published in last evening wo arc hero attending the carter county session of tho Circuit Court which convened on the dinst and winch will inake the cases of elders wl garner and C F christensen who are under bonds kr preaching polygamy CC mccollins Collins of elizabethton Elizabeth ton and N tanner jr of ogden aro present to represent the defendants there are five elders present from sittah and tha saints who have bonici from their homes distant from twenty to fifty miles aereal many strangers arc here as taisia quite a noted summer resort on account of its altitude and excellent hotel facilities alie court session is being attended by many prominent attorneys from the various counties of east bennes see which coupled with tho local bar and aba country visitors witnesses jurors etc make ap quite an assemblage affording a most excellent opportunity to sow the seeds of the gospel and disarm prejudice possibly the language of a leading citizen this morning better voices tho situation than anything I 1 could say his query was elder if you biad arranged it yourself to spread dornon doctrine could you have found a better plan than your enemies have adopted I 1 had to confess seemed quite effective and was certainly carrying it where we could not leave carried it but for tho steps and measures of those who are contending against the truth agnor antly and unwittingly it may be but nevertheless occupying the position that in the provi dences of an all wise god simply results in building up ilia kingdom and bringing to pass his purposes judge newton hacker in hig TO THE litand JURY calling attention to various of benses read the law and charged them that if testimony was presented substantiating the fact that a mormon preacher biad sought to induce any one to practice polygamy a true bill must be found on the they had broken the law and something dangerous to alie morals of society etc tho clause referring to the emigration of people to practice polygamy ho stated was in liis opinion unconstitutional tut ional ilia charge was reasonable and just devoid of prejudice and all we could haya asked for circumstances cum stances A number of witnesses were examined the result of which was the indictment OP ELDER C V SEN and ignoring of the of elder W F from what information we can gain the testimony that indicted elder christansen was obtained after liis arrest in a conversa i tion held with a methodist minister who asked him some questions on the subject so that our enemies were forced into alie position of securing an indictment n the most frivolous pretext and after the arrest of an innocent man against brother no evidence could bo obtained to hold him in elder garners case ho was arrested at midnight dragged a dis tanco of five miles and caused to api pear before a magistrate who bound him over in the sum to await the action of the grand jury good was offered all of which was refused by the magistrate controlled by the prosecutor alie result being that lie was thrust into a loathsome prison confined in an iron cage in company with thieves and remaining there six days until satisfactory bail could bo procured he was afterwards forced to attend this court at considerable expense and annoyance and when we result of it all ha was innocent of emeri transgressing an unjust and unconstitutional law the following i DEMunn was 1 presented by attorneys for defendant fen dant f i mk f inke county r i r the state J vs CF christansen J and the said defendant comes and says he is not bound to answer the indictment against him otherwise than bya demurrer and for cause thereof assigns special causes thereof to wit first that the matters and thing alleged against him in paid indictment do not constitute a criminal offense according to the law of tho land second that the doing ofalie charge din said bill of indictment do not render him liable to punishment the constitution and laws of tennessee third that the act approved april oth 1883 by tho governor of eaid state entitled an act to define and punish the crime of teaching moua doctrines ea and principles and of persuading persons to embrace the same under which aard fita lute thia indictment is preferred against this defendant is unconstitutional null and void because ast 1st said act iss in violation of the constitution of the united states because it forbids alie free exercise of religion and 2nd said act ia in violation of the constitution of the united states in this that it abridges the freedom of speech ard 3rd said act is in violation of article 1 t sec 1 of alio constitution of the united states which provides that no state eliell make or enforce any law which shall abridge the privileges or immunities of citizens of tho united states ath said act ia in violation of ar tide 1 sec 3 of the constitution of the state of tennessee which se curea to all men the natural and indefeasible right to worship almighty god according to the dictates of their own conscience ad prohibits the interference with the of conscience by any human authority jtb said act is in violation of article 1 sec 10 of the constitution of the state which to overy citizen the free alon of thoughts and lona and th right to speak freely on all subjects ath said act of the legislature is unconstitutional null and void be caisse the saying or doina of things breaid act prohibited neither by eaid act made or attempted to bo nado a telony or a or eaino is left to bo determined by tho jury trying thoc aue who thereby legislate and by lie punishment fixed make and constitute tho sable cither a felony ora misdemeanor as in each they may deem proper for tho causes kierein lie rein set forth the defendant prays judgment of the court and that his demurrer be BUS tarried tai ried and the said indictment bo quashed aud dismissed and tho defendant discharged f ANDREW i N TANNER jh s C C COLLINS attorneys for defendant tho demurrer was submitted without argument by consent and after some deliberation overruled by his honor judge principally upon alio ground that his court was not a proper tribunal in which to test the law alie case was alien continued to the november term of the circuit court when brother christensen will be tried on the indictment A general COOP in this vicinity and much prejudice lias been disarm t v our mingling with the people ai aling them see that we are not tho that common report and rumor make us out although wo feel to ac knowls edge alie hand of tho lord in the matter and that in the end all things will work together for good to these who work righteousness col hawkins co a prominent citizen and former state senator kindly volunteered to go on brother Christen sens bond and has in many ways evinced alio true spirit of a liberal minded broad guage philanthropic roan we now separate the alders to return to their fields of labor where they are doing much good the saints and friends to return home and our enemies to cogitate over how much success has been attained in this effort to stay the onward progress of the kingdom of god yours missionary |