New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-10-26
BRIGHAM YOUNG's TRIAL.

| VIEw-LEGALITY OF THE UTAH JURY sfeTEA
70 BIZ TESTED IN SUPREME COURT - Eel =
TEXT or THE INDICTMENT AGAINST YOUNG
HOW THE SITUATION LOOKS TO THE MOB
MONS. .... ..'r.
,yaon AN OCCASIONAL CORRESPONDENT OF THE fRiBuNhl
SALT LAKE CTR, Oct. 16.-Brigham Young
apoeared In Court to-day, and with great dignity ana
elaboration Of voice and manner pleaded not guilty 70
the indictment for lasoiyious cohabitation motion
WA then made by counsel for tho defense TO postpone
the case until the March term the defense asserting that
considerable time would BIO required TO prepare the case
Chief Justice Mexican promised that ample time for
preparation should be allowed The object Of the delay
Ia TO enable civil case involving the whole question OF
the system now In vogue Of obtaining grand and peut
turtles from among known antMormons TO the totai
exclusion Of such persons affiliate with the Mormons
to be decided BY the United States Supreme Court MI
Young feels saSed that tho Supreme Court will declare
the method pursued Illegal and the proceedings there
fore VOID He that jurors should represent In
aome sense the average intelligence and thought OF
community and that all laws should be enforced In the
spirit Of their enactment Hence he concludes ina I
the United States Supreme Court viii hasten 10
set ade the judgments Of Courts which from their very
organization bound TO convict The case which goes
on appeal to the Supreme Court Is one In which the
plaintiff Is liquor In Salt Lake City and the de-
fen dant the City Corporation. The dealer violated
city ordinance disposng Of his liquors. and suffered
loss of large amount thereof by the authority OF the
Mayor suit brought against the city for the re-
coyery Of tho liquors thus destroyed and jury OF anti
Mormons carefully selected mucted the city In heavy
damages 1t Ia claimed by the church leaders that tho
system Of selecting jury by which eligibility Is deter
mined solely upon the intensity Of the hatred eVnced
for the MOrmons will be declared Illegal and that the
verdict will accordingly DO set aside.
Now that the leader OF the Mormon Church mas pre-
sented himself open court and thrown himself upon
"hs country"as the law by courtesy has it-for trial.
1t may be we'll to refer briefly to the several stages
through which the indictment has passed since the hnd
ing of the Grand Jury The first move on the part OF
the defense was TO nterpose plea In abatement In
which It was urged that the Grand Jury was not sum
moned and mpanneed according to the laws OF Utah,
but that open centre issued by the Court under
which personal enemies Of the accused alone were SUN
moned to grand and petit jurors, and that no
drawing Of jurors by lot, provided by law, was bad
that one person served juryman who was Ineligible
under act OF Congress approved July 1870 and that
two members Of the Grand Jury were never summoned
act In that capacity did their names appear upon
the Court records.
The statement Of the ChiefJusce, that 1t was not
simply Brigham Young who trial, but rather the
entire Mormon Church, appeared 10 give Infinite salts
faction To the Mormon leaders; and has tended to unite
even closely all classes Of Mormon believers, the
ukewarm and the radical alike. Scarcely had the de-
cison been announced, when meetings began to be
quietly held by and women alike for the purpose OF
securing subscriptions defense fund" In this
terprise naugurated. am credbly Informed, by the
common people, and without consultation with the heads
Of Church. every heart seems enlisted Poor women
have offered their little articles Of ewelry or personal
ornament and even children have asked to have their
paltry pennies added to the general fund. 1t is
evident that there will be no lack Of means to secure
fair trial and the employment OF the best talent OF the
country. messenger has been sent to NewYork with
instructions to await the return OF the Hon. VIM. n.
Eyars from Europe and to retain him for the defense OF
ida air IN
cqusls cGr< not only from the number and prominence
Of the persons involved but also because OF the legal
talent employed The counsel for the defeuse were not
content allow the to 60 TO trial until all dilaory
pleas had been exhausted they accordingly took excep
tons TO the remarks Of Judge herein quoted in the
following terms:
tn. Indictment this the defendant with aivious
ab.9n and not Nth Pogam or treason The AsHsns Of to,
S ygI 0 Sdt to r mos:
. .ssns: that d. gully DC: s:
s ..s.d act 7 Vi. S
s' ben %y;S;d ;E,s@s6 *
eoadon Of The eognt relieve the DsqseHson Of the task
E.T dn Snf s
to -f%s9 fSs
P as!S RIs;a ,ras. '% q:
n5P g. So, nd .; PS hh' ta' e %
in tn: I ssf % be q r.. S"s a'' @ 'a
hsrsn referred 70 cannot sH. tend the prejudice the
Es 1S4 H.s Ha;r. s4@s4 k'nF'1'n'E
A. MINER, LEGuSD YouNd.
The Court ordered the bill to be fled but intimatod
that lie should pay no other attention to 1t.
You have already published the section OF the Terri
tora statute passed by exclusively Mormon Legsa
ture in 1882 when Brigham Young was Governor. and
approved by him. under which the present Indictment ia
~ thatl Ia WA new MT To
the act Of pOyRamy practiced by the MormOns. 1t
was aimed at totally different ofense, that OF sexual
intercourse without the formaty OF Mormon marriage
This fact been yarousy commented upon by visitors
since the commencement OF these proceedings. 1t has
happened that several prominent members OF tho Bar,
East and West, and United States Judge, have visited
the city temporarily during the past week. To all these
the Courtroom has been object Of interest and crlt
cisms not altogether favorable 10 the positions assumed
by the Chief-Justce. have been publicly INDUCED
In. The visiting Judge to whom 1 have alluded
remarked your correspo ndent that in h opinion the
intent the law should govern the proceedings under
IT, and that the who passed the act did not intend
to stamp as Infamous Of the prominent articles Of
their religious faith it would be gross perverson Of law
under the act He charac the pursued BY
as the
Of 20 PnSa crime o Ta RS sst
is sought punish by this prosecutOnst on the
statute DOCKS unen1Orceut uuty prose-
cutting officer plainly pointed out by tho terms Of that
Congress enactment he failed ~ the prOprety OF In
shutting proceedings under Territorial statute, de-
signed solely for the punishment OF prostitutes and
other vile characters.
AS the Indictment against the Mormon chief has never
been published have transcribed It for the benefit Of
your readers. 1t y entitled: indictment Of Brigham
Young for ewd and ascvtous association and cohabta,
ton with certain women, not being married to them
and the first count reads as follows; ,,-
The Grand Jurors Of the people Of the United States in the Territory
said Territory duly oae impsnsed and charged 10 and for
said and BY the authority Of the people
lore,a upon their do find and present that Brigham Young
Of