The New York herald., 1871-10-22
POLYGAMY DOOMED.
Every Mormon at the Mercy
Of His First Wife.
HAWKINS CONVICTED or AoUl Terry.
The Trial-Arguments of the De-
fence and the Prosecution,

SALT LAKE Cry, Oct. 2I. 1871.
The jury in the Hawkins case came in last night
with u sealed verdict. which. on being opened this
morning. was found to be "Guilty.r The court
room was crowded. and the announcement created
much excitement The counsel for the people
moved that the defendant be taken into custody,
which motion was st0utly resisted by the defend
ants attorneys. The prosecution, however
were firm In their demand that the case should
take the ordinary course, and the United states
Marshal was accordingly directed TO hold Hawkins
as prisoner. Time was allowed to prepare
motion for new trial and arrest OF Judgment The
penalty prescribed by The Utah statute for the crime
Of adultery is imprisonment for not over twenty
years nor less tnan three years, or nne OF not
over one thousand dollars, or both fine aud Inn
prisonmsnt, at the discretion Of the Court
THIS is TEST CASE
and virtually places all p0ygamists at the mercy
0f the first wife, who, under the act, Is the only
party who can institute proceedings against the
husband. The case Was conducted on both sides
with great denomination and the charge OF Judge
Mexican TO the jury last night Is spoken OF as being
eminently able.
The prisoner Will remain In custody OF the United
States Marshal until Tuesday morning next, when
Chief Justice McKean will pass sentence upon him.
Pententary for term OF years. The result OF this
trial will, it is thought by many, occasion good
many others, as many first wives have already ap-
piled to the prosecuting attorney to commence crimi-
nal proceedings against their husbands. In the
Hawkins case notice Of appeal to the Supreme
Court OF the Territory was given
THE TRIAL.
The Hawkins adultery case was resumed yester-
day morning before Chief Justice Mexican and q
jury. Mrs. Hawkins was cross-examlned at length,
hut the main portion Of her testimony bearing on
the alleged acts OF adultery was not shaken. Miss
Hawkins was then examined by the prosecu-
ton. She testified that her father had two
other wives besides her mother She knew
they were his wives because they lived
in the same house with him and had children whom
he had acknowledged. The defence mace no cross
examination. The prosecution then said that the
defence offered only one witness who testified that
Elizabeth Meears, the party with whom the de-
fendant Is accused OF having committed adultery Is
a sister or his, and that she married to the de.
fendant In 1852. brief cross examination was
made, and the case rested. General Maxwell, as
sistant prosecuting attorney, then summed up. The
Ne,cS, Official organ of the Church. reports that
part OF the proceedings as follows:-
The assistant prosecuting counsel made spec ch
IN support VI the prosecution, which was character
istlc OF him. but neither eloquent Brilliant but
TO us II appeared to be overnowing with that vim.
ward community VINO nave sufrrede the Inflction
OF his presence for years, and allowed him to live
here in ill-deserved peace anc safety
The Church organ naturally takes great deal OF
credit to the community that General Maxwell has
been permitted live here without being molested.
1t would seem to think that he ought to be driven
away his safety imperiled. This s the Mormon
feeling Mr.. Minor, one VI the defendants counsel,
replied, arguing that as
PoLYGAMY WAS A RELIGIOUS BELIEF
1t could nor be interfered with under the consttu-
ton. Tom Fitch then followed for the defendant to
show that polygamy was not unnatural and that 1t
was governed by civil law. He was astonished ana
grieved to wife testfying against her husband,
and grew eloquent over the suner1ngs OF the poor
husband, but omitted TO allude to the feelings OF the
first wife, whose husband had two other women in
the house living with him as wives.
He contended that Hawkins, being Mormon, had
no intention OF committing crime, and that inten-
tion was essential to convection; that there was
law against polygamy when he took his second
wife, and he could not be guilty OF adultery, be-
cause he was legally married 70 the woman accord
tnS Church. en- ~ 's'3'' AA' e''''' '''' ''~'A
The trial was continued in the evening. Mr.. Bas
kin, attorney, made tile most mastery argument
ever mace here on both the law and the facts. lie
was undemonstrative and logical, and speedily dis
which the counsel for the defence had attempted to
obscure the minds OF the jury. He combated
eacn pO1nt dQVauCeu Dy tue utIeuudILS COunSct
and showed how fiimsy was the pretence that the
defendants intent was good, ana therefore should
be taken into consideration In forming the verdict.
Mr.. Baskn spoke for an hour and mali, and at the
conclusion OF his argument Chief Justice Mexican
charged the jury. He said that the statute
OF the Territory OF Utah against adultery
was plain and explicit; and even though
the Legislature which enacted 1t was composed
OF pOlygamlsts, as claimed by defendant OF which
there was no proof still thar could not AFFECT the
Interpretation OF tine statute Poygamsts could not
pass general act against adultery and claim ex-
emptlon from II because they believed in revcla
tions for allowing poygamy. Law, and not pre-.
tended revelation, must govern court and Jury.
He charged that il the jury believed the evidence
they must find
VERDICT OF GUILTY.
whether the defendant had married his second or
third woman not. The marriage to Harriet Haw
kins was the only lawful marriage. The Chief JUS
tices charge was eminently lucid. In reply to
question OF juror the Judge said that
the intent was clearly shown; there could
be no question about It. The jury was then
left in the hands Of the United States
Marshal, and were instructed TO bring in sealed
verdict the following morning. Among the KNOW
ing ones IL was predicted that the Jury would not
agree. but to-days verdict has settled that ques-
ton. The audience last night was large, but the
excitement not very great with the public gencr-
ally,