The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-04-26
POLXGAMoUs MARRIAGES.

One John Miles was tried sometime ago, in
the third judicial court, Utah, for bigamy and
the jury rendered a verdict of guilty. Miles
appealed 10 the supreme court Of the terrific
ry where the Judgment. of the district court
was affirmed. He then appealed to the su-
preme court of the United States upon the
following assignment of errors: First, That
adherents of the Mormon faith were unlaw~
fully excluded from the jury; second, that
Miles own declarations were admitted as
proof of his first marriage, and third, that
the testimony of his second wife, Caroline
Owens, was admitted to prove the marriage
of Miles to his first wife, Emily Spencer.
The case was recently decided. Justice
Woods who delivered the opinion of the
court, stated its conclusions were: First, that
from all examination Of the jurors it was ev-
ident ''they believed polyeamy was ordained
of God and that the practice of polygamy was
obedience to the will of God. At common
law this would have been ground for the
principal challenge of jurors guilty of the
same act. 1t needs no argument toshow that
a Jury composed of men entertaining such a
belief could not have been free from bias or
prejudice on the trial for bigamy of a person
who entertained the same belief, and whose
offence consisted in living in polygamy, but
whether the evidence of this bias was suficl-
ent or not, it was so found by triers and was
conclusive" Second, the court did not err
in admitting Miles declarations to prove his
first marriage.
court reversed the decision of the SUI
preme court of Utah and remanded the cause
for a new trial, We give it in full. Justice
Woods says: "rhe court below did err in
allowing Caroline Owens, the second wife, to
give evidence against Miles touching his mar
riage with Emily Spencer, the first wife. The
law of Utah declares that a husband shall not
be a witness for or against his wife, or the
wife for or against her husband. The mar
riage of Miles with Caroline Owens was
charged in the Indictment ard admitted by
him upon trial. The fact of Lis previous
marriage with Emily Spencer was heretofore
the only issue in the case, and that was con-
tested to the end of the trial. Until the fact
of The marriage of Emily Spencer with Miles
was established, Caroline Owen was prima
tdcie his wife, and she could not be used as Q
witness. Nearly all authorities agree that as
long as the fact of the first marriage is con
tested, the second wife cannot be admitted to
prove it. 1t IS made clear by record that
pnlygamous marriages are celebrated in Utah
so as to make proof of polygamy very difficult.
They are conducted in secret, and the per-
SONS by whom they are solemniZed are under
such obligations to secrecy that 1t is almost
impossible to extract facts from them when
placed upon the witness stand Ifboth wives
are excluded from testimony to the first mar
rage, as in The opinion of the court they
should be under the existing rules of evil
dence, testimony sufficient to convict for
~pplyga,ny in Utah Is hardly attainable. This
is not, however, a consideration which ought
to influence this court. 1t must administer
the law as it finds it. The remedy is with
congress, by enacting such change in the law
of evidence in Utah as to make both wives
witnesses i" an Indictment for bigamy. For
the error above indicated, the judgment of
the Supreme Cour of Utah is reversed, and
the cause remanded for a new trial"
1t will thus be seen that until congress en-
acts a law to make two ormore wives witness
es in all indictment for bigamy, no convictions
for this ollense can be had in Utah.
|