Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-04-05

Important Decision OF the U. .. supreme
Court Reversing the Decision of the
Territorial Courts of Utah Convicting
Miles of Bigamy.
A decision was rendered by the supreme
court of the United States, to-day, in the
Mormon case of John Miles, VS.. the United
States, brought here by appeal from the su-
preme court of Utah. Miles was indicted for
bigamy in the Third district court of Utah, at
Salt Lake City. Trial was held and the jury
rendered verdict Of guilty. Miles thereupon
appealed to the supreme court of the Terri
tory, where the Judgment of the district
court was affirmed. He now appeals to this
court upon the following arguments OF error
First-That adherents of the Mormon faith
were unlawfully excluded from the jury.
Second-That the declarations of Miles were
admitted as proofs of his first marriage.
Third-That the testimony of the alleged
second wife was admitted to prove the mar
riage of Miles with the first wife. The con-
clusions of this court are: First, 1t is evident
from the examination of jurors on their
uoir dire that they believed polygamy was
ordained of God, and that the practice of
polygamy was obedience to the will OF God:
As common law this would have been ground
for principal challenge of Jurors of the same
faith. 1t needs no argument to show that
jury composed of men entertaining such be-
lief could not have been free from bias or
prejudice on trial for bigamy of person
who entertained the same belief and whose Of
fense consisted of the act Of being in polyga-
N.Y. But whether the evidence of bias was
sufficient or not it was so found by the tryers,
and that was sufficient.
Second--That the district court committed
no error in admitting the declaration Of Miles
to prove his first marriage.
Third-That the court below did err in al
lowing Caroline Owens, the second wife, to
give evidence against Miles touching his mar
riage with Emily Spencer, his first wife. The law
of Utah declares husband shall not be a wit
ness for or against a wife, or wife for or
against husband. The marriage OF Miles
with Caroline Owens was charged in the in
dictment and admitted by him on the trial.
The fact of his previous marriage with Emily
Spencer was therefore the only issue in the
case, and that was contested to the end of the
trial. Till the fact of the marriage of Emily
Spencer with Miles was established, Caroline
Owens was primo facie his wife, and she could
not be used as a witness. Nearly all authorities
agree that as long as the fact Of the first mar
riage is contested the second wife can't be ad.
mitted to prove it.
1t is made clear by the record that polyga-
nous marriages are so celebrated In Utah as
to make proof of polygamy very difficult.
They are conducted in secret and the persons
by whom they are solemnized are under such
obligations of secrecy 1t is almost impossible
to extract the facts from them when placed
upon the witness stand. If both
wives are excluded from testifying
to first marriage, as, in the opinion of this
court they should be, under existing rules OF
evidence testimony sufficient to convict for
polygamy in Utah is hardly attalnable. This
is not, however, the consideration which
ought to influence this court that must adj
minister 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 in indictments for bigamy.
For the error above the indictment of the
supreme court is reversed, and the cause
for q new trial.
Justice Woods delivered the opinion.