The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-04-05
The q S Supreme Court Rsverses
the Decision Of the Territorial
Courts.
And Orders a New Trial.
a Would be interview with Judge
Emerson.
Lengthy TeIeGraphIc synopsis
Ofthe Decision.

yersed the judgment of the Terri
torial Supreme Court in the Miles
Polygamy case, and has ordered a
new trial.
In few minutes after this was re-
ceived an extra was run out and dis
tributed on the streets for the infor-
nation of the public. The case was
one of particular interest, and had
been submitted to the United States
Supreme Court some time ago,
having been held under advisement.
Through the medium of the HERALD
extra, the news spread rapidly
on the thronged thorOughfares
and Occasioned general and marked
comment. AT the time
the case was tried here (Messrs.
Tllford & Hagan defending Mics
the admission of some testi non
most damaging to the defendant
was strongly objected to, but
admitted by the court. Judge
Emerson, who Was sitting
temporarily in this district at
the time, as he IS doing now, occu-
pied the bench during the trial, and
many exceptions were taken to his
rulings, as to the admissibility of
testimony. During the entire trial,
which occupied about ten days, the
court room was crowded with per-
sons eager TO hear the testimony,
while full and exhaustive synopsis
was published in this paper. Upon
taking the case to the Supreme
Court of this territory, and then to
that of the country, and the delay
which followed, interest partially
died out, through the natural occur
renee of other and, for the day, more
important events. The decision OF
the United States Supreme Court,
however, brings the subject into pub
lie attention again, and with view
to giving as much enlightenment on
the subject as possible, HERALD
reporter called on Judge Emerson
on Monday afternoon to learn what
he thought of the matter:
Reporter-YOu have heard. Judge
of coure, Of the decision in the Miles
casep
Judge Emerson-Yes, 1 was just
informed of it.
R.-What is your opinion of it?
JUDGE have always avoided
and objected to interviews on any
subject.
R-But you have no objection tC
stating whether it surprised you OF
not? = -
Judge-I cannot say that 1 am
surprised. do not pretend to be
infallible on law points, nor on any
l'other subject; and in a case being
tried in district court, where rul-
ings have to be made at the moment
without giving time for reflection, q
person is often liable to be wrong. ]
always hold it advisable, since there
is a remedy in the Supreme Court
for any error l may commit, to take
the chances on being astray rather
than delay a trial while it is in pro-
gress. Besides, / have practiced at
the bar myself, ap1 l know how it
annoyS an attorney when decision
On point is made against him, and
subsequently on the same point
in his faYO and l always try to
hold 10 a ruling, made in the start
Of a case, all through, in order that
The attorney on an appeal may not
be confronted first with an unfavOr-
able and subsequently with a favor
able ruling. and thereby fail to get a
desired ruling from higher court,
on the ground that the judge cor
rected himself later in the case.
In regard to the Miles case,
K do not recall the points
on which the appeal was taken
to the United States Supreme
Court. I will say, however, that
would be surprised We're the decision
of the district and supreme court of
the territory reversed on one of
the grounds that l do recall. One
objection was as to the admissibility
of certain testimony. 1t would be
a surprise to me were the decision
reversed on the ground that the tes-
timony should not have been al
lowed to go in. Another point was
as to the time in which some of the
testimony should have been intro
duced; that is, whether the basis
was sufficient to justify the admis-
sion at the time. On this branch of
the subject Lhave entertained, and
still do entertain doubts, and must
say that it would not surprise me if
the decision had been reversed on
this ground, but on the question of
the propriety of its admissibility at
all, it would be unexpected to me
were the opinion not sustained.
Ron the whole, then, you are
not surprised?
Judge-As I said before, do not
know what the points are that have
been passed upon, and could only con-
lecture, if / should try; but as even
judges are liable to be mistaken, it
would not surprise me if l, and
the other judges of the Supreme
Court here, who agreed with me on
the matter, should be mistaken.
During the whole conversation
the judge spoke in his proverbially
pleasant manner, and did not seem
the least agitated about the reversal.
He laughed when the reporter sug-
gested that he had been so fOrtu-
nate, or judicious, in his decision
heretofOre-So few of his opinions
having been Overruled, when car
ried to the Supreme Court of the
land-that he must expect rever-
sal once in while.
The Miles case went through all |
the branches and forms before being
carried to the final court, and the |
decision of Judge Emerson in the |
case, with the verdict of the jury, |
was unanimously sustained by the
Supreme Court of this territory,
Schaeffer being chief justice; Bore
man delivering the opinion which |
sustained Judge Emerson's rulings |
in the district courts.
Since TilfOrd & Hagan. who were
assisted by Judge Dusenberry in the
defense, left the territory, Mr..
Arthur Brown has conducted the
case. He and Judge Dusenberry
went TO Washington some time ago
on this matter, where Mr.. Brown
argued it before the Supreme Court |
Judges, with the favorable result |
above recorded.
Following is the text of the
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