The sun., 1873-08-16
Ar-umcnt on his Demurrer \ tivc-Iiour
speech Boiled Down scenes In the { ourf
Room Major IIcmpsiends brilliant aud
Affecting Pcroratiou.

Affecting Pcrorauou.
Corrcspondcnce Of The sun.
SALT LAKE CITY, Aug. 9.-The brigham
Young divorce case came up this morning.
Major Hempstcad, for defence, began his argu-
mcut ON the Prophets demurrer to the iuris-
diction Of tie court. The room was crowded,
and much interest manifested. The Major be-
gan with reference 30 the organic act OF the
Territory which declared that all the laws
passed Toy the Legislative Assembly and Cover
nor shall stand unless disapproved by Congress.
In accordance with this act the Territorial Leg
stature in lNi2 declared that the Court Of Pro-
bate In the county where the plaintiff resides
shall have jurisdiction IN all cases Of divorce
and alimouy. and of guardit tnship and distribu-
tion 81 property connected herewith. The
Governor sanctioned this law, and Congress
never disappruyed II. The supreme Court OF
the United states In the case OF Engclbrecht
had decided practically that il is binding.
THE kENNuN ANp TANLoR DIVORCE SUITS.
From l,i! To- l>Gi the Probate count held this
power unchalcnred In that year the KENYON
divorce case was brought in the District Court.
and divorce was granted. The case was then
carried to the Territorial supreme Court, judge
Kinney presiding. They decided that tho Dis
uict Court had no power to grant a divorce. and
quashcd the proceedings. That settled the pow
crs of the District Court until ISL Then what
vas known as the Taylor divorce suit was
brought in the District Court, judge wilson
presiding. II was am * parte proceeding. 80
defendant appeared. Tho allegation was fraud
before marriage, the woman assuring the man
that She WIS yirtuUus, when the opposite was
the case. Judge Wilson threw the case ont Of
court ON the ground mat he had no jurisdiction.
Taylor carried the suit up To- the Territorial Su-
Irrme '"ur', Judge lla" Icy presiding. Judge
liaWley oy"Irued Judge wilson's decision ON
~, ground that the ursaulc act conferred cpul-
mon l.N and chanccy jurisdiction upon the
District Court. The Taylor case came within
common law and chdnccry jurisdiction owing
t. the way in which 1t came into court IL was
a Till ar proceeding in equity founded upnn
fraud before marriage, aud judge Hawlcy rX-
rhcltly stated that II the bin lad shown that
tnc applicalion fnr divorce had neen grounded
would have been rcnanded To the Supremc
Court.
JUDGE M'KEAN TWISTED.
Major lIempstead declared that Judge Ne
kCan, who granted the papers in this case, lad
anImed The right of the Probate Court to grant
divorces. lie iustanccd the case of "A woman
Mhv secured a divorce from her husband ia the
Probate Court. The court also gave her the
house IN which she lived. The ex-hushand sold
applied to judge Mexican for writ of oicct-
mrnt. lne Judge denied the writ ON the Judy
mcnl of ~" Probate Court, thus clearly affirm
ing It's authority To act ia the premises. A Court
OF equity cannot entertain "A suit for divorce
unless 50 authorized 10y special statute, ana the
which this case should be brought The cues
tun 's not whether the Probate Court has iIrs-
dictiun, but whether this court, as "A court of
equity, has Jurisdiction.
SCENE IN TIE COURT.
H. took Major Hampstead four hours and a
halI 10 spread these points before the Court All
the Ilbc, IN me room were piled with law
books, and the Major took hack at each hook
untl he exhausted himself in wetting his Thurun
ana turning over the leaves. Occasionaiiy he
"oulu slTlAe Two or three wards of Lain. al
Whlch an the lawyers would assume "A KNOWN
arr ana gaze al the spectators without the bar
as though ptying their ignorance. Judge EN-
erS' bore the intiCtiun with judicial grace lie
spent the first two huuIs in rubbing hls h,lt,p uf
Suhiimlty with his spcctaclcs and in scratching
ms mead. Then he arose and faced the Mat
form behind his desk lie used up the last hour
~ S'rdplh the bridge of his nose with the frame
ol his glasses.
AN AFFECTING PERoHATION.
Major Hempstead closed with an affecting
u'ruidtlun, lie called the judges attention Ia
int iaci thht over iOO divorces had been granted
ny the Probate Court. -Four hundred innurrnt
husbands and wives were anxiously awnitino
ms decision, fearing that IL would leave them
stepped IN higamy, If the decision was advrrsn
II WouIu brand hundreds of innocent children
Hs ileGlllmate. For twenty-five years had tho
PROBATE Court exercised the power of diyurre
unchailenged, and three Judges of The Terr,tn
authority. New marriages had been formed
ana children been born. We're AN tLnsn
lNes to be blightcjY lie hoped that the judpc
would carefully review the points which he Md
presented, ana render his decision iu accordance
WIN the law aud the interests Of the people
NJ, Monday, when Judge Tilford wifi omen
against brigham = demurrer.
All kinds Of hsh and souDl and neo,s b, ,bo