The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-01

A Brother Saint Acquitted of Murder
Contrary to Evidence.
THE TRIAL OF EX-SHERlFF RICkS
Witnesses Swear to His Assassi-
nation of Skeen.
A COWARDLY CRIME UNPUBLISHED.

SALT LAKE CITY, March "a, 1875
The most important and interesting criminal
trial ever held IN Utah came TO an inglorious close
last evening in the Third District Court In this
city, Thomas +. Rlcks, a Mormon elder q former
probate judge and sheriff or Cache county and
Colonel in the Nauvoo Legion was indicted last
fall by the Grand Jury for the murder OF Elisha
Davis Skeen, in Logan, Cache county, Utah, on
the night OF July 3, 1850. IL was one OF the numer
GUS murders ordered by the priesthood which red
den the annals OF tine Mormon Church, and great
political significance has at tached to this trial
afording test whether conviction OF crime
be obtained under the provisions OF the act or
Congress, approved June %, 1874, and known 70
this community the "Poand bill.n
FAILURE OF THE POLAND LAW.
There il a dramatic interest in the incidents or
tnis attempt TO bring punishment home to one OF
the assassin members or this crime.stained priest
hood. The act or Congress above named, having
prescribed the mode OF impanelling jury In
order that the laws might be executed in Utah, a
jury list was made up and venue issued for
Jurors 70 form grand and petit jury. Among
those drawn for the grand jury was Thomas L.
Rcks who, his Uofr dire, declared he not
polygamist and was loyal citizen OF the United
States. When the jury was impaneed lnlorma-
tion was given 70 the foreman that Mr.. Kicks was
I
derer Indictments were founo against HIM for
the murder OF Elisha D. Skeen ana for lewd and
lasclvious cohabltation, and he was snatched
from the jury box and locked up in Jail. There
being considerable trouble experienced In getting
evidence to convlcr, those present at the time or
the homicide having scattered, the prosecuting
odHcer not ready to go TO trial until Thursday
last, the 18th inst.
COMPOSITION OF THE JURY.
rr1-. ,lsta
the trial jury. The Poland bill provides that the
jury list shall be made up with onehalf or Gertiles
and one-half or Mormons, 100 names TO be FUR
nished by the Probate Judge, Mormon bishop
almost invariably, and the other half by the CLERK
or the District Court-a Gentle. IL asserted by
Inc non-Mormons OF Utah that the Free
masonry existing between all the followers
OF Brigham. and tnat the devout saints
are so com pletely controlled by 'counselr tine
commands OF their ecclesiastical superors) that
\ verdlct TO convict brother saint OF crime cam
not De obtained the Mormons, on the other
\ hand, say they are citizens CT the United states
/ fellow citizens, and they protest against the in
justice OF their exclusion from the jury box. The
Poand bin meets THIS difficulty in the most euult-
/ able way possible, by making up jury list COM
4 posed OF saints and sinners IN equal numbers.
BY vigorous use OF challenges, peremptory
i and or cause. the counsel Tor the defence sue
\ ceeded In getting jurg composed OF nine Nor
\ kneed, lily -llvered Gentle.
THE CRIME AND ITS VICTIM.
i The trial was then proceeded with, able counsel
81
Y coed 10 give the evidence produced. u would be
well 10 anticipate 1t VITA a brief history OF the
\ CRIME The victim, Skeen, was stout resolute
young fellow. standing nearly SIX leet, and men,
Il Der OF the DANTE band. lie mad fought In the
Nauvoo Legion to resist the approach OF Colonel
Albert sidney Johnstons army sent out by Presl-
\ dent Buchanan, and mad been engaged IN several
II lawess lorays under the domination OF the
I Church. But. ike many others, he mad begun 10
cool IN his alth, and his lacK OF zeal marked MIN
as dangerous man 10 those whom MS admissions
might tmphcate In crime. A charge OF cattle
stealing was trulnped up against him. he was ar.
murderer, Shern KICKS. for safekeeping.
THE TESTIMONY
Chambers. now wel-to-do farmer In Iowa, testi-
ned that ne was guard on the night OF skeen's
homicide. The prisoner was connned IN log
schoohouse. ana lay asleep in his blankets on the
door. The witness was recumbent on bench.
After midnight, between one and two O'Clock
Rcks came In and put q piece OF board on the nre-
place to cause hight, ami said TO witness, III you
see anything 1t VIII be wise 10 hold your tongue.n
Shortly alterward Rlcks and another man entered
tine building and nred their reviewers at the sleep
ing man. the latter started up and ran conlusedly
oil doors. Three or four more Shots were fired,
i and the victim Tell DOWN fifteen feet from the
schoolhouse, pierced with i've balls, and instantly
expired. uhls witness Is an apostate Mormon.l
The defence set up theory OF an attempt at es-
cape. 0le SUBWAY. witness for tae defence,
testified that at ten O'Clock that night ne was de-
spatcned by Bishop Vaughan 10 the Snerln (Ricksl
distance OF ten miles, with note 10 apprlse
animation TINS witness mace number OF damag-
Ing admissions. winch JUSTIFIED The belief that the
he WAS the man who discharged his revolver with
KICKS at the sleeping prisoner. numOer OF Wit
nesses were introduced on Doth sides. but the ma
terial iacts elected were That the sheriff tRlcksl
dismissed two OF his four guards on the arrival OF
tue messenger, au unlikely thing or him 10 do m
apprlsed or an intended rescue; and that
an examination OF the body showed that some or
the shots ranged upward. thus proving they must
have struck him as ne lay on the ground below
MS assallants. The wOunds were Ia the back
which enectuaily disproved ShumwaJ's testimony
that Skeen made an assault upon his Jaior
(Ricksj and that two wounds were Indicted a. he
approached the latter with an intent 10 overDear
him and ny.
AN ASTOUNDING VERDICT.
With these facts be ore them the jury retired to
their room, ana 10 an hour and a nall returned
with a verdict OF not guilty.
This Is the second case or acquittal on q charge
OF murder py mixed jury empanelled under tue
Poland Dill. Gentiles say IL Is use trying
criminal cases where Mormons are the defendants,
because MOrmons will not convict eacn otneT, aud
further legislation by Congress must be mad. Tue
only to get lair trial. IL Is commonly SAID, IA
TO have the Marshal issue an open yenire and
summon men VINO are not under the control or
the Mormon priesthood. II Will be well, now.
ever, to try two or three more cases, because two
examples can hardly be accepted as establishing
| rule.
JUDGE M'KEAS's REMOVAL UNwIsE.
General Cowan, Assistant Secretary oil state, Is
here, sent by the President, as 1 understand, to
inquire into the political condition ol Titan. This
gentleman Will not have 10 INQUIRE far % satisfy
himself that the removal OF CnieI Justice McKean
Is one or the most damaging blows ever In nlcted
upon this prlest-rldden Territory, ana may Justly
be added 10 the Presidents long list OIL political
blunders.