Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1871-11-02
The MormonS.


mons at Salt Lake, and cngraftcd into
their creed as part of their religion, has
| recently received blow from the author
tiles that be, which portends complete
overthrow Of the ubiquitous system, and
the establishment in this young and fer
tile State of a social organization more in
consonance with the spirit of civilization
in this enlightened age
a prominent Mormon, named Haw-
kins, and whose practices have not ONLY
been immodest but bestial, was prosecu
ted under the Utah laws, by his first wife,
and found guilty. Under the instructions
of Judge Mexican, the Grand Jury have
found indictments against Brigham Young,
Daniel II. Wells, George @. Cannon, H.
W. Lawrence, and others, for lascivious
cohabtation,' the parties having been
admitted TO bail on this charge; but Sat
urday Wells was again arrested on a
charge of murder
The Ifi6u1e's special correspondent
gives the following account:
The grand jury attendant on Judge
Mexican 5 court seems TO have presented
Brigham Young, Daniel H. Wells, Geo.
Q. Cannon IL. ". Lawrence, and others,
Tor lascivious cohabitalion, under IA
statute OF the Territory furnishing the of
fence with severity Young, Wells and
Cannon have been arrested, have appeared
in court, pleaded not guilty, and been ad-
mitted to bail in the sum of $4,000 each.
Nothing further has been done in these
cases, that of Young excepted, for whom
Tom Fitch, Major Hampstead, and the
entire Mormon bar appear as counsel.
The first filed plea in abatement.
questioning the legality of the
grand jary, &c. The prosecution demur-
red, and the demurrer was sustained.
Then motion was made to quash the in
dictment, or compel the prosecution to
elect under which count they would pro-
ceed-there being sixteen in the indict-
ment. This motion was denied by the
court, the counsel for the defence admit
ting that 1t was entirely within his discre-
ton to do SO or not. The ruling closed
as follows
w hlle the case at bar is called The
People Us. Brigham Young, its other and
real title is Federal Authority Us Polyga-
mic Theocracy. The government of the
United States, founded upon a written
constitution, finds within its jurisdiction
another government, claiming to come
from GOD, fmpertum inpeFi0,-whose
policy and practice, in grave particulars,
are i'll variance with its own. The one
government arrests the other in the per-
son OF its chief, and arranges it at this bar.
system is on trial in the person of Brig
ham Young. Let all concerned keep this
fact steadily in view, and let that govern
ment rule without rival which shall
prove to be in the right If the learned
counsel for the defendant Will adduce
authorities or principles, from the whole
range of Jurisprudence, or mental, moral
or social science, proving that the pol,
gamous practices charged in the indict-
ment are not crimes, this court will at
once quash this Indictment and charge
the grand jury to find no more of the
kind
The counsel for the defence filed bill
of exceptions to this ruling, of which the
following was the gist:
The Indictment in this case charges
the defendant with lascivious cohabita-
aion,' and not with polygamy or treason.
The statement of your honor, that sys-
tenn OF polygamic theocracy is on trial in
this case in the person of Brigham Young,
coupled with your invitation to us to
to prove by authorities that the acts char
ged in the Indictment are not crimes, is
most prejudicial to a fair trial of the de-
PENDANT, III that it assumes that the defend
ant has been guilty of the acts charged in
the indictment, and that the law, and not
the alleged act, will be on trial"
ho III,
ment as unusual and unwarranted, and in
tended for political effect Mr.. Fitch re-
piled that it was no more political than
the opinion which elected it. The pros
ecution maintained that the reception of
such a rejection upon the course of the
court would be dangerous precedent.
The judge said the bill might be filed. but
he would not regard it as a precedent.
Subsequently the defence asked for a post
ponement to the next term, the court
neither granted nor refused this motion.
but intimated that an adjourned term
would be held, which would accommo-
date all parties. The trials will be of
great interest, as they will present some
curious misunderstanding as they do,
political, social, religious, as well as judi
cial considerations. All parties would
like TO see them carried to the highest
tribunal of the land, if possible; but as to
whether they will be or not, there is diff
ference of opinion. There is little doubt,
however, of Mormon submission to the
verdict of the powers that be, whatever it
is.
The Hawkins adultery case is one of
another kidney. 1t c on for trial last
week. The defence asked for change
of venue, which was refused Then they
fought for days over the impaneling of
jury. Finally, jury was obtained, no
member of which believed Mormon rcve