The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-10-04
BREAKING DOWN BRIGHAM.
ImpaneIing JurIes to Try the Per.
sistent Perpetrators Of POlyg.

ImpaneIing JurIes to Try the Per
sistent Perpetrators of POlyg
amy. n
From the Chicago Tribune.l So
There is a disturbance in Utah, arts
ing from an unusually aggressive att
tude on the part Of the United States
authorities, or some of them, TOWARD
the peculiar institution Of the Mormon
territory. 1t seems that one or two O
the Territorial Judges, Of whom there
are three deriving their appointment:
from the Federal Government. have
gone to work for the purpose of punish
ing some of the leading polygamists
for the crime of adultery. Under the
Territorial statutes the penalties for
this crime are very severe; and we oh
serve that the organs of Brigham
Church are already making loud
howl of Indignation at the course of the
authorities in resorting to this law
rather than the Federal act against
polygamy, claiming that it shows a
vindictive spirit, etc, etc. At the same
time the Saints must admit that they
have the advantage of a set Of Territorial
statutes which abound in obstacles to
the enforcement OF the laws of ciyiliza-
tiou-snags evidently placed there, from
time to time, by Brigham and his
lawyers, in anticipation of some such
expedition as that which Judges Nc
Kean and Hawley and their prosecut,
ing attorneys have now fitted out
against Zion. One OF these snags is
pointed out by the Church organ, the
DeSvet Ns,cs, 10y way OF warning of all
invaders. 1t is that providing for the
summouing Of alljuries by Territorial
marshal, assisted by numerous array
of county authorities, bishops, etc. And
the organ of Brigham adds that "f this
law, passed by the Legislative Assem-.
by, is worth anything, the grand jury
last summoned, or that summoned yes
! terdav, is no more a legal body, pos
sessing legal functions, than if called
together by Tom Noakes, for not re-
quirement OF the law has been complied
with" 1t is claimed, however, on the
side of the people, that tie process
under which jurors have been sam
moned in Judge McKean's court have
been in accordance with a Federal
statute which sets aside the Territorial
law.
Be this as it may, the authorities
have gone to work vigorously to place
the stamp of crime upon the transac-
tons OF the Mormon polygamlsts, and
to protect society from the malign in
fluence of rule which allows its lead
ers openly to practice a vice which mod
ern civilization regards as demoral!zlng,
to saw the least of it. This can best be
done by convcting some OF the most
conspicuous and influential OF the Nor
mon leaders Of statutory crime: For
this purpose II was necessary to have a
grand jury whom no allegiance to the
Brigham Young combination would, OF
itself, prevent from voting for a bill oil
indictment against notorious polyg'
amist. As is well known, there has
been in existence among the Statutes-at'
Large, since 1862, a law specially In
tended to prohibit the practice of poIyg-
amy, and entitled "An act for the pre-,
vention of polygamy in the Territories"
This is very strong act, making due
provision against the principal pleas
which would be likely to be presented
in bar of its execution. The only diff
culties in the way of its practical en-
forcement, aside from tie question as to
its consttutionality, has been the i'm
possibility of indicting anybody under
| it without packing a jury, or Of prov
ing after the indictment should be
brought, that the second and polyg,
amous marriage had actually taken
place. 1t may be that after having de-
cided to override the difficulty as to
jury by ruling out of court all who be-
lieve in polygamy as a religious tenet,
the authorities who are now engaged IN
"persecuting" Brother Brigham found
the remaining difficulties too great to be
surmounted, and, therefore, determined
to convict of adultery under Territorial
| laws, as more feasible than to convict OF
polygamy under Federal laws, with Ter
ritorial obstruction. AT all events, the
prosecuting attorney has gone to work
to indict for the act which the Terrltor'
ial laws regard as a crime, leaving out
Of consideration the Otfense which they
choose to consider virtue.
In making up a grand jury the 9th er
day, in the third district OF Utah Judge
Mexican presiding), Elder Cannon, one
Of the presidents OF the Brigham dynasty
and the editor of the Dsseret Meas, was
summary seized by constable and
hustled off to the court room as juror
This duty he was abundantly willing to
perform, notwithstanding his exemption
| las he claims) under Territorial law,
But he was not allowed that pleasure
Arriving at the court room, the follow
ing dialogue, relative to Elder Cannon
qualifications as juror, ensued;
Prosecuting Attorney-"Are you
citizen of the United States =?
Editor-"I am.
Prosecuting Attorney-"How IONS
have you been citizen of this Terri
tory?'
Edtor-"Twenty-four years, though
have not resided continuously IN the
Territory for that period ....
Prosecuting Attorney-"Are You
member OF the Church of Jesus Chris
OF Latter-Day Saints ??
Editor-"I am"
Prosecuting Attorney-"ls not poly s
amy one of the fundamental doctrines
J of that Church,
r,I.. uDl,,rol;t,, 80 ,y,yn, "a a dor