New-York tribune., 1871-10-21

vlcted; II innocent acquitted; and that too with M no
delny as may be consistent with the rights OF tho
accused. and with these safeguards which eIpe.
rights either Of the public OF accused citizen TO
hayo many indictments and many trials for oieuses OF
the samc class rather than one indictment ana one tsl
covering the whOet Tho Court 10 hound to presume
that the evidence before tho Grand Jury authorized nay
required the sixteen charges contained In this ihdct
ment II, now, tho Court should grant tho motion OF
the defendant and quash the Indictment because IL con.
ns those sixteen counts the Grand Jury YET
discharged would be in duty bound to find l6 new In
dictments Or II the Court should compel the proeccu'
ton to elect to 90 TO trial on some one count
bound to And Is new indictments Thus in either event.
the defendant wond bo sub octod to 10 ndictneno
70 s HOY o this fES I'D o SS 1H
to perceive nay, 1t Is difficult to imagine anything more orc
harassng and vexatiOus TO the dciendant lnghm
learned counsel for the defendant failed to show WheIeh
this would 10 any favor their client Had 10 lndct
mcns been found in tho first instance instead OF ono,
could not the defendants counsel urge WIN hro'D'0'
arguments that they should bo consoIntGui no, t,.
But is there not some legislation bearing upon tnS
Isss provided that Whenever there shall be several
charges against any persons for the same act OF ts
action or for two or acts or transactions cOhhccu
tHgetber or for hoo or more acts transactions Of me
same class Of crimes OGrnSeS which may 0t pTOPry
NAV be 0incd in one indictment in several counts; ana
# two or more indictments shall bo found in such cases
the court may order them consoidhteu: w u"
Large D. l62 BnghIley's Digest, p 223 Sec' ~
What is the Just construction OF this statutef NOtwtn
induce the Court to disregard the views, rasoning and
opinions Of other courts s may he prudent rst 10
allie In tbe United States agt. BlcfOrd Batchfords
Circuit Court Rep. 33) the indictment contained ~
counts each being for distinct felony but Oi the
same class On motion 10 quash the Court refused hold
ing that the oinder Of the distinct iclOnes was war
AIT O'Calahan 20 McLeans Circuit Court Rep. $780, the
same doctrine Is held. These decisions are onuea W
OF tho Supreme Court Of the Uni States and their
Associate District Judges Indeed, so obviously c'SOi
able and Just they tat were the question new ono
do not sec how could reach different CONCLUSION.
In considering the second ground OF IiO9. W Hitn
must be carefully kept in mind. Webster defines as
socatO thus 10 join in company as bc ea
Of ntinl;t te union" lie thus defines "cohablt: 10
dwell or live together as husband and wife; usually or
enso charged in each could not DO predcatGd OF
anv moment or Instant OF tme 10 cont SUI "a az s
onse a continuous and somewhat prntractca leriou Vi
tine is necessary. There ching in this objection
The learned counsel for the defendant need not DG as
o| Their client shall be patiently heard and carefully
considered. Nor does the Court nenu 10 rcsIcs theh
in their arguments except upon questions afeady a-
Indicated But lei the counsel on both sides, and the
Court also keep constantly In mind the uncommon char
acnr of this case The Supreme Court OF California mas
well said "COurts are bound to take notice OF the
political and social condition OF the country when Ihey
fr at the bar is called THE People agt. Brigham
Young" ls other and roa tile IL FcdrrIl Authority agt;
P0Ivgamic TheOcracy. The Government OF tho United
states founded upon written Constitution finds within
it's jurisdiction auOther goyeTlDcnt-CAnihg 10 come
rom IN ar at yaran6s with its own
The government arrests the other IN c pcrsO VI ls
chief, and H. al lHb DaT a bCSt u WI
the person Of Brigham Young. Let all concerned keep
ti, fact stcady in view and let that government RUE
wtho rival which shall prove TO he III the rlGht.
the learned counsel for thC defendant VIII acGrto
or principles FROM the whole range OF lS-
nru,cnnp or mental moral social sciGrrc, proving
that the pulyganC practices charged i'll the Indictment
are not crInCs this Court wilt at once quISh tins lhr
ncnt and charge the Grand Jury ~ ma no uoe Vi Ao
kind.
The pending motion to quash y Overruled.
Tho counsci for Brigham excepted TO uH ruling
There are attorneys FOR The People ana nine fsf
Gcntilcs al 1vo HorHOns. petition
IS Circulating I'm the CITY, u Mrs President Grant, beg
ring her good seryccs In cfcctg the rcmON al from
offices ol Judges and U. s. Attorneys who dare 70 deal
with BrOthUr Brigham"