The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-04-06
A Mormon Victory.

IMPORTANT DECISION or THE SUPREME COURT
on POLYGAMY IN Utah.
WASHINGTON, April "A decision was
rendered by the Supreme Court oil the
United States to-day Ia the Mormon case OF
John Miles against the United States,
brought here by appeal from the Supreme
Court OF Utah. Miles was indicted for big
amy in the Third District Court OF Utah,
in Salt Lake City. A thai was had, and the
Jury rendered a verdict OF guilty. Miles
thereupon appealed to the Supreme Court
OF the Territory, where the judgment OF
the District Court was affirmed. He now
appeals 20 this court upon the following as
signme nts Of error:
1. That adhereDts OF the Mormon faith
were unlawfully excluded from the Jury.
9. That The declarations OF Miles were ad-
mitted as proof of bis first marriage.
2. That the testimony OF the alleged
second wife was admitted to prove the mar
rage Of Miles and wife No. /.
The conclusions Of this court are: First,
that it is evident from the examination OF
Jurors on their rOir dire that they believed
that pOlygamv was ordained OF God, and
that the practice OF polygamy was ODE.
dience TO the will OF God. At common law
this would have been ground for principal
challenge OF Jurors OF the same faith IL
needs no argument 10 show that Jury
COMPOSED OF men entertaining such belief
could not have been free from bias or pre-
judce on the trial for bigamy OF person
who entertained the same beiief, and whose
offence consisted OF the act OF living in po-
lygamy. But whether the evidence OF bias
was sufficient or not, it was so found by
the triers. and that was conclusive. Sc
cond, that the District Court committed no
error in admitting the declarations OF Miles
to prove his first marriage. Third, that the
court below did err in allowing Caro-
line Owens, the second wife, to give evil
dence against Miles touching his marriage
with Emily Spencer. the first wife. The
law OF Utah declares that q husband shall
not be q witness for or against his wife. or
a wife for or against her husband. The
marriage Of Miles with Caroline Owens was
charged in the indictment and admitted by
BIN upon the trIal. The fact Of his prey-
Gus marriage with Emily Spencer was there
fore the only issue in the case, and that was
contested to the end OF the trial. Until the
fact of the marriage OF Emily Spencer
with Miles was established, Caroline Owens
was primd tdcie his wife, and she could not
be used as witness against him. Nearly
all the authorities agree that as long as the
fact OF the first marriage is contested the
second wife caanot be admitted to prove it.
1t is made clear by the record that pOlvga-
nous marriages are so celebrated in Utah
as 10 make the proof Of pclygamy very diff.
ticult. They are conducted in secret, and
the persons by whom they are soemnized
are under such obligations Of secrecy that it
is almost impossible to extract the facts from
them when placed upon the witness.stand.
II both wives are excluded from testifving
to the first marriage, as in the opinion OF
this court it should be, under the existing
rules OF evidence, testimony sufficient 10
convict for polygamy in Utah is hardly al
This is not, however, conside-
ration which ought TO influence this court.
1t must administer the law as 1t finds 1t.
The remedy is with Congress by enacting
such a change In the law Of evidence in
Utah as to make both wives witnesses on
indictments for bigamy. For the error
above indicated, the judgment OF the SUI
preme Court Of Utah is reversed, and the
cause remanded for a new trial. Justice
Woods delivered the opinion.