New-York tribune., 1871-12-16

shldrea be they two twenty are his wSrs pIt the
dsnce q The osnss Cone.. aimed the section
which have quoted the prosecution n,.sHn. ~ ~
SpSa !"
because involving self criminatOn. les ConfE,es: E 20
aes o as snd the
Courts which hold that In the case OF nacneior d
ars shall be deemed to exist far as the Tlfe aJ~Sr
and their chdrcns inheritance are involved !h % IAN
who nr~dmees two women a. his w,ves aud the children
OF his children, Is the husband OF bOtli wio
90 nsse, to the The act Of
defines the crime and sfxes the penalty; 1t Ia ioy
that na mas ., no Svaane
ton may be based or that the whole OF % @
may not be- left 70 the intelligence VI the jury under liz
Further than this submit to all thinking men that II
would he better to allow this loneendurd anu now ,%o
exercise Of zeal which outruns discretion 70 wres e e
law from its intent and thereby give the Mormon ie
cannot bs save BY t stsry th an sna
sS ni sks I the he and
faith unnarmsd % t"' The court provides mis-
has sald that the suest way to keep an nnconyeted
man unconverted, is to disgust him." The remark
to the devout Mormon who believes in many Gods aud
many wives as to the Bostonan VINO pms
vince the Mormon fanatic that his leaders correct in
their Inconsistencies and to consolidate him In his ih
these ends the court has unwittinsy and
y iabored for more than two months past TO logically
cable. What the statutes had somewhat muddled the
court has involved in yet deeper obscurity. .
vorce The same Utah Legislature, from the acts Of
which have ps:sd an act RrSns rS5 m
Of Amasa Lyman who was taken as a sixth wife by
William Clayton, in Oct 1863, applied to our jurist for
heard by Judge Mexican and although the proceedings
still pending, alimony has been allowed and paid
Of judicial obGuity, which far construes polysamy
into marriage In the one case as TO render divorce with
Of Mawkns-hto adultery to be punished BY three years
imprisonment and an appropriate fne Clearly II thc
Polygamous connection IS marrsge, no ad,ery an nas M
is demanded, and the woman instead Oh receVns
amony is liable to prosecution TOR fornieatian; As
ute quoted tSec 3l), and as these MISGUIDED @ MORMON
wives res to think ns I haSs aSssnce Of the
testimony treated "ascvtous cohabitafion to wncn
lesser penalty is attached (sec. 3D: The Court mus
practically denies the existence OF polygany D decr
INK the poygamist be adultrrer at the dctum OF
of the wives The woman whom he marres m ga ana oy
m0urs, provided that no one OF them complains; wlle
If OF these ragmentary female a2pemdsSes eesTes hs
heard and the marital nature OF she contract
In st another item does the OFFICER OF the law by his
serpentne place the Government In the attitude
of an adroit persecuor rather than that OF dgnsd
amendment approved by Gov Mann, Feb; ls 1870. pre-
scrbes the mode OF procuring grand AMI petit jurors
and declares that lists shall be made by the Court IRON
among tho qualified persons whose names appear on the
aSportoned among the different Of the county.
may be- and in such manr as ns 20 ,he ifenIe
in the county 1t further declares that the names
thus selected shall be written on slips OF paper when s1
he carefully folded to conceal the NAMES AMI
box: and that the requisite nunhcrof Jurors shah then
lie drawn Proncuousy from the box Gery " ,haf hns
ou jursa pac ked Jury But the practice 0f me pres
cnt court is to issue an open vrnre whicl tne Slafn @
those whose sentiments is supposed to be- familiar
with OF course the verdict oi Jury, @n1se op'
vi be ns g"e that
conviction could be secured were the IeritoIiI Jaw oi
an e the be- .s the
impancng. It might for the sake OF CONSISTENCY. M ne
spec However the Territoria law giving six prrcptory
challenges either side, Is followed instead OF @ fe
eral statute which gives the advantage of OF ten @ @ fr h
prosecution Thus the Jury Is made np under ,
which sets at 9aght tine UfI % w INV adVance Synn by
that statute the prosecution H. eagerly seiZ.u III te
ant matter Of SaG sas OF affairs and one
taSplch reaady should be vised 9 a I iIS Io
possible panacsa Is found IN rn :" Yo cannot in
prcss irstelass lawyer into service as Juike III re-
territory on yearly 'aiary OF $ 70 N r their
poWcrs and duties clearly defined TINS plna ana @
illegal gprnG win rrTlt , osSs En- ss arns rs n%Ir,f s 81
tSe ryognlzcd and admitted wives OF man hs wives
nsa 1 all Il ri er%na %l naf m nut the e
supreme Court OF the United states In order that .r
Tn The existing state OF feeling, Justice TO Morn on Is
utterly impossible. unle's he anjnres his ait 10 DC fu
h"ld nor f;llow trial in every case. These men and
womrn-cood citizens in all other respects, it appears
hevc been guilty Of believing IN poyssny As as a unda.
Voluntarily abandon il without Importing me saNaton
of SrD,.c .hr fS 1 II. ,uh"s a% that That "ss r%s%ent @ in
spirit Of fairness and eGny Let tie ren0 no Hh.tr
I The riyor OF the law rigor OF Justice not OF op
preston. Give these poygamous people the ornn ry
Chance Of tile oriiuary criminal and punish their one lSe
under its true title lat be put on trial for adn
trry or Lscyios cOabtaOn when hi ohrt Sc Is really
"G t 1o Ge 1fnih s his UHS s"
in the Of Hawkins, who WAS terhnicniy acrns,I a. q"
adultery with hs wife No "A AmTrsans know c"an n.
d" not expect to be called upon to crtisc the action
NJ the Itah courts hereafter Yesterday the n"wlap-
pointed United states District Attorney the Hon George
Bates OF C,s" %ppeapea n s1eg his his maiden speech
In well chosen words, elOquenty pronouucei he ae-
cared that with Gods blrss1g ne n T%a & per%l M srs aS
fairness equity calmncss, ana candor with such cquil
exact justice toward all the people OF utan wnr.er
sex or sect eHtort # om them all eommendat"n OF
eminent English BhSp in nno.. s euoEy YoSe uSn is the
Rosom "os"' of Cod the greatest are not above owe
or bvond ts puwer its process ard the hnmhcst not
beneath it, protecting ARM; amt with sagacious out
look 10 the possibility Of such action on the part OF CON
rress os have indicated In this letter. he added i'm
nressivey Accustomed from my youth to regard It's
ministers upon the bench engaged in duties not less
than of those who minister at the altar on tle v
t;od shall bow with Difference always 10 the Rulings
and decisions OF the bench, only when they are
oyerrrd altered or revised by the supreme Judicial
tribunal OF the Unon or the wise action Of intelli
gent Congress-, acting in its capacity as the lawful
guardian Of its rising ward" In the nearing so o.
Of religious belief thank God and take courage.
1t is something to have experienced lawyer as prose
have one OF high moral who hOnors
and will not turned frOm the strict ne OF duty ny ne
zeal of he fanatic or the hatred Of the bigot but Is
Infinitely more 10 feel that the officer Of the law, we
have one who without known sectarian bias can impore
nj. keepnw The Gentle rejoces because he has reason