The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-12-30

cruelty anu failure to provide all the luxu-
res her fancy dictated. In the spring of
1868, a few mouths later, she was sealed to
Brigham in the Endowment House Accord
ing 10 the rites of Mormonism, and thus
became his nineteenth Celestial Wife,
All Mormon v lives are celestial. There was
not at that time (and is not now any civil
marriage law in Utah. The Territorial
Legislature, composed entirely of Mormon
members, IN its early settlement, passed an
act Incorporating the ''ChOrch of Jesus
Christ OF Latter Day Saints" " and, among
the many other things, empowered the
church 10 unite people in marriage in ac-
cordauce wi h the rites of that church. Ann
Eliza and Mr.. Dee were husband and wife
from u Mormon view. but not according To
Gentle law. But as they lived together
rs man and wife, claiming each other as
such he taking no other wife and she no
luther husband, they both beng competent
and willing To cortraCt mhtTimonN and
there being no legal impediment IN the way
the social laws and common customs OF
society considered them rs morally and le
gally bound To each other. The Probate
CouIt which granted her divorce from
Dee had no jurisdiction in such cases. In
1872 Congress passed an act empowering
the Probate Couits of Utah to grant dl-
vorces, and legalzad the proceedings in
such cases that were pending at the time of
the passage of the act. But, AS Aun Eliza
had received her divorce from Dee in 1867,
this act did not affect her case, and, conse-
quently, the divorce WAS illegal and her
subsequent marriage with Brigham Young
null aud void, from a Gentle standpoint
and that is the standpoint from which she
is now suing for divorce from the Prophet.
So, admitting that she was, according to
thu usages and customs of Gentilc society,
the wife of james l.. Dee, il is plainly
shown that she was not legally divorced
when she married Brigham. But even ad-
mltiing that she had been legally married
| to aud legally divorced from Dee, and per
tectly competent TO contract matrimOny,
she could not have become Brigham Youug's
wife as long as he was living with and puo-
| licly claInSIng one of his many women as
| his wife. And, further, as Brigham and
Ann Eliza were married according to the
Mormon faith, and not Gentle laws, her
only recourse would seem to be an applica-
tion TO the church authorities for divorce,
and not to the Gentle courts, which have
40 jurisdiction, except to punish both for
pOlygamy. ..
When the Prophet and Ann Eliza were
''sealed" for ''tne and eternity" as one
of age, she twenty-three. Possibly it was
4 case OF mutual spiritual love! Most prob
| ably not.
Brigham Young was ra sed to hard work,
ana even now, in his old age, is very hard
worker; also miserly. The first lesscnh he
teaches his children is to work early and
| late. He requires his wives to earn their
own living at sewing, gardening, dairYing,
! etc. Neither does he let his mother-in-law
stand around and '.boss' things; she, or
rather they, work, or else leave tue house
1t is an erroneous belief that Brigham has
all of his wives in one house. Only four
| or five live in the Lion House" with him
! the Others have each their cottages at differ
ent points in the city. Ann Eliza's residence
was about two squares from the Lion
| House"-Biigham's residence. The Prophet
| dire ccted her TO lake in" boarders and made
her and her mother do the "housework." "
fhis was the inception of the REBEL Oh.
| The mother-in-law, like all others, of course,
objected to Anything like work, and put
the same defiant spirit INTO Ann Eliza's
| head. MOrmOns don't board much. They
generally keep house or live with neighbors.
Consequently Ann Ehza's patrons were
mainly GenUiles, and among them u certain
Gentle limb of the law. After hearing hel
recte her numerous wrongs, he briefly ad
vlsed her to bring an action for divorce
and alImony, principally alimony. Alimony
always follows divorce. The action was
commenced and the cause assigned, ''crue
ty and failure to provide" Brigham Young
in his formal answer, admitted that she was
his .'celestia' wife according to the Nor
mon faith. The presiding justice, NJ Kean,
would not receive this qualified admission,
saying that the law only knew one kind oil
a wife, and as he had admitted her to be
his wife, that part OF the admission would
hold good i'll law, and the celestial part
of the answer net admitted. On this tech
nicalty she was granted the unusual large
alinony of $500 per month, pending the
trial of the sult, and $4,000 counsel fees
The case was delayed nearly two years,
until the alimony amounted to $4,000, the
object beng aiimony, the plaintiff knowing
that, as there had been no marriage, there
could be no divorce. Last February, Jus
tice M'Kean ordered Brigham to come forth
and pay the $9500 alImony money and
$4,000 counsel fees. The Prophet refused
anu was committed to the Territorial peni
Tertiary twenly -four hours for contempt oi
court. In a few days the President re-
moved Justice M'kean, evidently because
of this order to enforce the payment of ali
monY, which gave legal sanction to po
ygamy by legally recognizing her night to
a divorce. Pending the arrival OF M'Kean'i
successor, the alinony due for that montf
| -$500-was paid, and the new justice re
fused to commit Brigham for disobeyinl
the order of court made by his predecessor
as it was no contempt TO the then presiding
Judge Shortly after this justice resigned
and recently the case came up before Judg,
Boreman, who was temporarily assigned I,
this district. Ga Brigham stiii refusing u
pay lie money, he was imprisoned at hi
own residence-he being too sick TO b
taken to Jail. While imprisoned, the new
iy appointed chief justice arrived, called ul
Tie case, and ordered the Prophet to be re
leased, that be was not in cOntempt--thu
virtually admitting that the order grantinl
alimOny is illegal. Consequently, the di
vorce suit of Ann El n Webb. or Dee, ma
lie virtua ly considered at an end
The Prophet has ut last carried his poin
and saved his money. Had he denied hi
marriage with Ann Eliza, and set up a
proof MS prior marriage with Msry AM
Angel, at Kirkland, Ohio, January 10, 1S3
with whom he is sill living-he woul,
have gained legal victory; but all of III
pther wIyes, and, IN fact, the entire femal
Mormon fraternity would, with uni'et
; voices, want to know what they we're if he
were not wives, and polygamy would fal
TO the ground. so, Tor the sake Of IN
church, he was compelled 10 admit tina
Anu Eliza WAS his wife. This her attorne,
knew, and, had be paid the alimoDy as fast d
Il accrued, the case would have never bee
brought tO trial as long he cDLt nued dc
ing so, or they could have found pretsx
for continuing II.
THIS Prophet is HOW on the ar-path, an
has brought suit against the United State
marshal tor false imprisonmeBt. T. IL pOss
BILE be may sue the Justice who made tn
order, and very probably attempt to recoye
the $500 he was forced TO pay Ann Eliza
with the $4,000 counsel fees. Asthe PropL
ct is Of rather a vindictiye nature, he ma
even go so far as to have the gentle An
Eliza indicted for perjury in swearing tha
: she was his nineteenth wife, and convic
her on her own technical admission, a