Show > i I ELIZA STILL REFUSES The Alleged Polygamous Wife of John IT Snell Keeps Her Mouth Shut jj j I j Ami Will Go to the Pen Before She i Acknowledges the Business I A Writ of Habeas Corpus Before Judge I j Jane to Determine the Commissioners i Commis-sioners Power to Commit I Eliza Shafer appeared before Commissioner i Commis-sioner McKay at 10 oclock this morning pursuant to order and still refusing to comply with the demands of the Court she was committed to the Pen Following Follow-ing is Commissioner McKays order of committal I UXITJI STATES or AMERICA II TERRITORY OF UTAH ss I SALT LAKE COIOTY I Before William McKay Esq a Commissioner I Commis-sioner of the Supreme Court of said i Territory I I The United States of America to the I United States Marshal within and for the Territory of Utah or either of his I Deputies Greeting Be it remcmlcred That on the 15th day I of August AD 1885 at an examination pending before said Commissioner at his office in the City and County of Salt Lake and Territory wherein the United States of America was plaintiff and one John W Snell was defendant in a criminal action wherein the said John W Snell was charged by the complaint upon oath oi one E A Ireland with having committed the crime of living and cohabiting with more than one woman towit with Emma Snell and Eliza ShatTer at the City and County of Salt Lake and Territory aforesaid between the 1st day of September AD 1882 and the 1st day of August AD 1885 the said United States being represented by C S Varian Esq its Assistant District Attorney At-torney and the defendant being present j and with his attorney 1 Kirkpatrick I Esq During the progress of the examination I it was in evidence that the said Emma Snell who was present at the hearing then was and during the period covered by the complaint had been the legal wife of the defendant Such There was also evidence tending to show that within the time specified in the complaint the defendant de-fendant was living a portion of that time with the said Eliza Shaffer and that she was reputed to be the wife of the defendant de-fendant Snell The said Eliza Shaffer having been first duly sworn and admitted ad-mitted as a witness for the government in said action testified that she had known the defendant eighteen or twenty vears that she was not married to him and i had not lived with him but had worked for him for wages and supported herself all this at the city and county of Salt Lake and Territory of Utah Thereupon the following questions were asked said witness wit-ness by the Assistant District Attorney FirtH ycYOl ever occupied the same bed with him I so during what time SecondHave you and he not been living together in the relation of husband and wife in plural or celestial marriage during the past three years To each of which questions the said witness refused and declined to make answer and upon being interrogated by the Commissioner as to whether she had any excuse or reason to offer for refusing and declining to answer said questions or either of them the witness replied None which T wish In slate It was therefore considered and adjudged ad-judged by said Commissioner that said questions were proper questions and he so advised said witness and instructed her to answer them and each of them and mc the said witness then and there declined and refused to make answer as before Thereupon it was by said Commissioner considered ordered and adjudged that the said witness towit the said Eliza Shafer was guilty of contempt and on this 17th cay of August A D 1885 it was ordered by said Commissioner fr the said offense whereof she stood convicted she be imprisoned in the custody of the United States Marshal of the Territory of Utah for the term of one cay and that she pay to the use of the United States a fine of twentyfive dollars < 2500 and stand committed until said sentence be cemmited unt performed per-formed or be otherwise discharged by due course of law These therefore are to command you and each of you to take the body of Eliza Shaffer and her safely keep imprisoned im-prisoned in your custody for the term of i one day and until she shall have fully paid the fine imposed as aforesaid amounting to the sum of twentyfive dollars dol-lars 2500 or until she be otherwise discharged dis-charged by the course of law Hereof fail not and make due return of this writ with you doings thereon Witness my hand at the city and cty count of Salt Lake and Territory of Utah the 17th day of August D 1885 VM MCKAY i i Commissioner of the Supreme Court of the Territory of Utah Soon after Judge McKays decision committing Miss Shaffer to the penitentiary peniten-tiary the attorneys for the defense sued out a writ of habeas corpus before Judge Zane and arguments began at 2 oclock this afternoon pertaining to the authority of a U S Commissioner of a Territory to commit for contempt Miss Shaffer was allowed to remain in town today awaiting Judge Zanes decision |