The New York herald., 1871-10-29
THE HAWKINS CASE OF ADULTERY.
Important Charge to the
Jury.
Chief Justice Mexican Makes Clear the Points
Of Law for the Benefit Of the Brethren.
Hawkins Convicted and Sentenced to Three
Years. Imprisonment in the Peniten-
tiary and to Pay Fine OF $500.

tenton both in this and other countries, being re-
garded as "a test case" that will be accepted as a
precedent 10 all future prosecutions Utah. In Its
practical workings this unlocked for application Of
| Utah statute will tend seriously aiilct the
Saints unless they resolve to abandon their bar
barous marriages and wheel into the line OF
| Christian monogamy. The counsel for the
| defence took exceptions to the rulings OF
the Chief Justice during the progress OF the
trial and the Instructions to the Jury They also ex-
| cept apparently with the intention or appealing
| the case to the Supreme Court. AS the crime
charged is against statute OF the Territory only,
the appeal can be carried no further than the Su-
preme Court or the Territory, which In no manner
Will aid the polygamist Hawkins, for the Associate
Justices OF Utah as resolved to carry out the
statute as the Chief Justice himself.
From the incidental alluslon, though In argument
only to the pardoning power OF the Chief Execu.
tive, should not be surprised to hear OF the
lIghtest possible punishment to Hawkins consistent
| with due acknowledgment Of the right ana
| authority OF law, should he so make 1t.
| The long neglect OF Congress to enforce its
own statute against poygamy has doubt
| less encouraged many OF the Mormons
| to boldly practice the plural system OF
marital relations and that Will nave It's due weight
in the nation II Brigham Will only avow his readi
ness 10 obey the laws Of the nation now, but long
| as he encourages by example his speakers and
writers to DEFY the national Legislature, 1t would
be Imprudent policy to suggest mitigation OF the
| penalty OF the law.
CHIEF JUSTICE MKEAN's CHARGE TO THE JURY.
MokEAs, Chief Jnscsnsen.smsn @ M Of the Jury After
you guilty or not guilty Il you say not guilty,
s os ss s: e 5 nsn not s
you % be Sn 1s s Court 20 10 say whether en
tined only Or Will! be for the Court Ito to say
n ss s's
VI INV lmb O the And
You say guilty and the Court pronounces sentence then
YOU that belongs 'hs ssssavs department
' or yo weigh and pss uDon s s
o 10 %s to 2o the %
mine shall s % no esr s ro no no
beieve one witness disbecve another whether the
BY certain witness proves any particular fact
you are apply facts which you be proved
THE LAWS INTERPRETATION NOT DEPENDENT ON
THE CHARACTER OF THE LAWMAKERS.
And as to law, shall be construed. how inter-
applied There is an xuown in
nssn sanes "s'Sy king john
that were L as s ss 'Sfa%sn
%sy had anen % BY %
na BY s mo
ns sS ss
vo Ss r Is !, mps ps i be
despot. and arT9g.ss 70 himself What You
@ Cont wGas ' a So
the Court would 1--WE character
1s SsG s ss 'ss sf letter
sa
s @ s the On
y G sny ss ss Just w: sns q i.
ssnsss. d sr that a' 'Is Enas
81 S
sss ns:s
signed the there Z the law; !. must be enforced"
s II i:
:is sis.s s.s saS s.s;ss
Here !, the law the plain letter OF the law must be en-
81. sss
.h..
bisuous, very ndennlts. and understand
nnS . aa o% The The
YOU can get you Try to make out wha. the law
But when the lay plain distinct. clear 50 that + cannot
be the courts DO not 30 outside OF the law
THE MoRMoSs CAUGHT IN THE LAW MADE FOR THE
i GENTlLES.
Why gentleman the Legislative assembly Of the Terri
a aa
for ns In an act % xsy s
which the prisoner indicted in section LIS is ms
ing The ecnse1. and the approved usage of the
s sss sns
Of adultery shall be punished BY imprisonment
years. gss s,'es'1s % sHs:sa"s mot
the sa. ssS GT As y .%1a
about l. there any upSsr,.n,y !. there single word
sIks oentlemen that statute means exactly what says
eSS 9 s
q @ s s ns Il psSy Ct no % @
| way the other upon that subject. And II there
assumed there proofthai i've sevenths Of the
a @ ss s
conclusion. No. ,h.. statute admits @ such
he
'-'' THE STATUTE WITHOUT LIMITATIONS
they should
s SSa so%H.sd
es bS
5ss 9''sss % has na
% .sss to ps5sfG' poss es @ enact
.p. The 5 sSoS @ sSas, e. wasS YS 1
ass &c; softiss conss. ssss
s n' e Be- or % nsso
years. hve years or one year was competent for hi.
chose to do latter statute Of mtaons ap.
Gentemsn, Il married man has csrnai, sexual inter.
with any other woman than his lawful vile he has
adultery But what proof II necessary satisfy
jury that adultery has been committed Gentlemen
ss'fss s
causn, the very act Shall rule ap-
| ply a stringent rule evidence n crime Of |
less gadey NO, gentlemen, shall do nothing OF tho
kind II circumstances proved which lead OF
the necessarily TO the conclusion that the prisoner
the bar has committed adultery that sufficient No positive
proof OF the sct need be introduced and gentlemen viii
venture to conjecture that there
proven by positive evidence cf Within the
of my own observation and reading murders
proven, than aduteries.
| FAITH NO PALLIArIoN OF CRIME.
II man, married intends TO have and have,
carna sexual intercourse with another woman ,nan his
wite ne guilty OF adultery and that what his
beiet may be IL he Intentionally Willingly done
act which the law saya crime he guilty Of that crime