The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-04-07
A Mormon Case,

1
Washington, April Ga decision was
rendered by the United States supreme court
to-day in the Mormon case of John Miles
against the United States, brought here BY
appeal from the supreme court of Utah
Miles was indicted for bigsmy in the third
district court Of Utah, at Salt Lake CITY. A
trial was had and the jury rendered yer dict
OF guilty, Miles thereupon appealed to t be
supreme court of the territory, where
the Judgment of the district
court was affirmed. He now appeals to
this cour. upon the following assignment of
error: First, that the sdherents of the Nor
mon faith were unlawfully excluded from
the jury; second, that the declarations OF
Miles were admitted MS proof of his
first marriage; third, that the testimony of the
alleged second wife was admitted to prove
the marriage of Miles to wifeN MOL.
The conclusions Of this court are:
| Flrst-it Is evident from the examination
OF jurors on their own voir dire that thew
believed polygamy was ordained of God
and that the practice of polygamy
was in obedience to the will of God.
AT common law this would have been
ground for principal challenge of
jurors OF the same faith. II needs no argu-
ment to show that jury composed of men
entertaining such belief could not have been
Tree from bias or prejudice on trial for
h'gany OF person who entertained the
no belief, and whose offence consisted in
'"tct OF living in polygamy. But wheth-
o. no evidence of bias was sufficient or not,
/. was so found by the triers, and that was
conclusive.
Second-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 Caroline Owens, the second wife,
to give evidence against Miles touching his
marriage with Emily Spencer, the first wife,
The law of Utah declares the husband shall
not be witness for or against his wife, or
the wife for or against her husband. The
marriage of Miles with Caroline Owens
was charged in the indictment and
admitted by him upon trial. The
TACT 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. Until the fact of the marriage of
Emily Spencer with Miles was established,
Caroline Owens was prima facie his wife, and
she could not bo used rs witness against
him. Nearly all the authorities agree that
as long as the fact of the first marriage is
contested, the second wife cannot be ad.
mitted to prove it. 1t is made clear
by the record that polygamous
marriages are so celebrated in
Utah rs to make the proof Of polygamy
very difficult. They are conducted in secret
and persons BY whom they are solemnized
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 ara excluded from testfyipg
TO the first marriage, as in the opinion Of
THIS court they should be, under the existing
rules. evidence or testimony sufficient to |
Convict for polygamy in Utah is hardly
This is not, however, a
which ought to influence this
court 1t must administer the law as il finds
t. The remedy is with congress, BY enacting
uch changes in the law of evidence in Utah
rs 10 make both wives witnesses in indict-
nents for bigsmy.
For the errors above indicated the iudg-
nent OF the supreme court of Utah is re-
ersed and cause remsnded for n new trial.
Justice Woods delivered the opinion.