, 1863-07-04

3D. Lbs WllOESB ktbLlutu WILL d 1cch4Es6@
ness that thoWed utter disregard Of truth. and |
clearly established bis title to the cognomen
Of Ills Wustrious prototype, the FstIer Of
Lies.
The evidence being all In, the Court I'D
onIned to 9 o'clock next morning
The Court room Was deasely crowded dur
ing the examination, and some slight demon
strations Of disturbance were made, aud It
WAS evident that many were around with pls"
tolls and bludgeons
TUESDAY Mons1so, May 5th, 1868.
The court heard ehort argument from ne
dcfendan1's counsel, In which he left me
whole matter to the Court, and as ha could
not leave it to any one else,s 1t was no great
condensation, even for Mormon lawyer.
Judge Drake, in . very dignided and I'M
preesiSe manner then delivered the following
The case under consideration is one Of some
direct pereoa who has arrived at years or discEe-
Mrs. McMillep, as the mother aud only surviving
right to lave the custody, CONTROL and care ofsatd
The respondent, Ward pics, in whose custody
husband. The rctuYn which he has made to the
writ Of hoteue oorlms, IN the following words:
return this writ, TIL within naned Agaes 8, to%M
age, md the lawful wife ofthe within Ward PacS,"
indicating, u it indicates any thing, that the re-
kEQnG&nl LAG CuAlUu$ duA CO4tIO4 VI <h$At21
Il 1easonand by virtue ofthe marital rights which
it il claim.d exists between them
III support Of his claim the respondent addnees
April lsst be Was married to the said agnes, in
form, according 10 the custom OF the country. l
90 not consider it necessary to comment At large
r't:cmony ras peiorned between the said Agnes
and the respondent although there II much in
1t about which ens might cayil, aud eeusurs n!sat
rest upon It.. Yet am inClined to consider that
poi..t established by the evidence aatuced.
By the return Of tic respon lent the age Of Agnes
became question equally important with
tie respondent means by the .wosd .'iawful
a:c," may be. q matter OF conjecture.
Whateveri it may be-, the court considers It a. al
lctging that tn. said Agnes ID Of that aye, wien
parental restraints, pa ental contrcl and the right
of parental custody cSase5-upon this point the
os Of S S My T. IL
II. poist-thato offered By the respondent does not
alleged marriage. or ID now, Of that age when She
etzte= to b. under the eontro! q hss parent:
ond ehild arr 80 sneh that We should be led into
wide field were We to attemp. discussion OF even
but lev Of them. It must suffice here to az, in
tone, rights and privileges, continue in the law
until the child arrives ut the age Of twenty-one
y.art where there is no statnary provisions limit
Ing tue minority Of the child to an earlier day.
While the parental authority exists and Is exer-
c,sed with humanity, 1t IL tnpre.ne-howsver con
traty 1t may BE- to the fnchnattons Of the child.
Marital rights or authority, obtained during the
minority oflhc child, whether mile or female, with
out thu consent Of the parent Or guardian, cannot
be permitted to override AMI dsplacc thoec Of the
The rights Of Tue parent may be varied. Marital
| obligations may be perlnittsd to intervene M dt-
ring hs minority q The ehd oitent%ss to ;o tes
the parent But to this end the consent Of the pa
| rrn1 naust be obtained.
There are circumstances surrounding the mar ~
| SNuan nj "a nE7hr n AfFn4&1 which
| cannot he overlooked.
It is alleged that at the time Of theassumed maE-
r:age to Agnes, he had another wifi. with
number, humble he W was living aud cohabit,ng: Proof that
the respondent was before the time Of his assumed
marriage to Agnes cobahlting with 2 woman;
her such, and that the same woman was living
at the house Of respondent after this assumed mar
riage to Agnes, is before tho court. To this avi-
denct: the Respondent has made no reply, nor otes-
ctt any explanation, he having had full opportunity
to do either, and having omitted to make any ex-
p'anntion. The presumption which was created
by tbis evidence, becomes BY his Secrecy, con-
cluson.
and very painful conclusion it is, for II the
BE- correct one the
the United States, and under circumstances Of an
aegrayattng character, considering what has been
dune to bring the provisions or-ttat law to the
knowledge Of this people. The court is impressed
With the belief that there Is not male nhabitant
H. the Territory who has reached the aye Of discre.
LUZ "AV ~ 4At 4AAA41Aa4 WILL tlE fA0RA1AoA1 u
II ills status of the respondent was such at tho
Of hs Assumed ss4Se m Agnss noM5 he
snmed marriage to Agnes lowry. however solemn.
II pe1fofmcd was wholly and totally void, and the
fis S tie deeison q the court IS tat tue
custody and control Of the said AgGss Low.
r. belong to her mother. A:ncs P. AcAillen, not
Agnes Lowry be placed in the custody Of her
mother, tht complainant, and that the Marsllal l.
h.scby o,dcrcd to carry this decision Of Tho court
iIto execution.
U, s. Marshal Gibbs then told the mother
that ehe could take ler daughter, and told the
daughter ele could 60 with her mother, al
though tile Judge had previously told him
that he must place the daughter in the Gus
t. dy Of the motEer and keep her there, until
sLe could take her quietly away.
The vast nssemblage now began to move
and show signs Of uneasiness.
At the request Of Mrs. H., Judge Drake took
tit young Miss Lowry and went out for car
riage
guage md actions were insulting and mcnac,
Mg Old Pack ind Others then rushed up to
Mrs NJ. and pinched and snubbed her, auG
, | tore her daughter from her. She fled for heI
life, the mob tuok the girl and with shouts
| defiance of the decision of the court.
This and many o:her like occurrences, prove
couclusiycly, that no order or decres of d
Federal court can be enforced here against (
Mormon, in the present state OF things, TAt
question is farced upon us aud must be me-
sooner or later, whether a bIawling territory
c. ntainlng from forty to fifty thousand peo
pie, mostly foreigners Of nil the luwer orders
El,:.ll submit to the authority Of the Genera
Government, or continue openly aud yaunt
p u gly to set 1t at defiance.
, THE SPIRITS AFTER BRIGHAM.
, The spirits hare taken possession of Brig