Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-17
my NAME IS MINER /!
Pm a LawyerY And Aurelius Lays
Down the Law TO the Court,
with the Side Remark That There Is
More Polygamy Going On in
Boston Than in Utah.
But the Great Constitutional Ex-
FOUNDER is Sat Down Upon by
Zane's Usual Three.Six.

Inc DlStflCU courtroom was lllleu W
its utmost capacity this morning with the
usual attendants upon the unlawful CO.
habtation trials. Immediately upon
order being called, the Grand Jury came
into court and presented some results OF
their labors. Commissioner Mckay, now
assistant acting prosecuting attorney,
stated to the Court that the Grand Jury
expected to adjourn one week from next
Monday morning for three weeks, and
that there was a lady now held for re-
fusing TO answer certain questions OF the
Grand Jury. No disposition was made
OF the matter The jury then returned
to their sanctum with instructions TO hold
themselves in readiness to call by the
foreman.
Court-Mr. Varian, have you any bust
ness to proceed with?
Varian-This is the day set for the sem
fencing of Mr.. Miner and Newsom.
The Miner case was taken up by Mr..
Kirkpatrick, who introduced motion for
new trial on the ground that no
offense alleged in the Indictment had
been shown, and that the instructions
were void on account of uncertainty about
the name of the alleged second wife of
the defendant.
Miner then welded the battle AK in
his own behalf. He adjusted his glasses
in q most classic manner, struck an eX-
pressive attitude, and proceeded to talk
at considerable length without saying any
thing. He endeavored to show that the
Court had wrongly instructed the jury
in charging them relative to the name OF
his second wife Ann, Anna, Annie, Lizzie,
Nancy, Nan, and other nicknames, by
which certain of the witnesses recognized
the lady. Miner claimed that when the
prosecution found that the right name
was other than given in the indictment,
they had no authority to 60 further and
insert clause covering every possible
doubt in the case. After dealing out II
tiresome amount OF instructions to the
prosecution for their benefit in the cases
to follow, the conceited pettifogger sat
down, amidst Il sigh of relief from all
| present.
While nothing of material consequence
| had been set up for the prosecution to
tear down, still, Mr.. Varian stated that
he presumed the allegation against the
names alluded to in the Indictment
formed the cause for the motion. He
er, father, sister and others of the family
amply sufficient to satisfactorily identify
the lady called Sarah, Jane, Ann, or
what else, as the second wife OF defend
ant which establishes the desired fact of
unlawful cohabitation with her. The
testimony adduced in the trial showed
that the lady in question was the proper
| person known as Elizabeth Ann, or Annie
Adams, and the second wife of Mr.. Miner
and on this point rests the whole matter.
The Court referred to the name of An
ME Adams as it appeared in the indct-
ment, and that the lady's mother testified
that she was recognized by that name in
the family, although she was frequently
called Lizzie, Nancy, Ann and other
names, all of which referred to the same
idental person, and to none other. This
fact was shown in the cross-examnaton
| by the defense. 81 am satisfied that An
ME is often nickname for Ann, rs May
is for Mary, but in this case
the desired point OF establish
ing the identity on the right person as the
plural wife OF the defendant was done, no
matter under what name. | remember
that Judge Hardness presented some OBJ
jections to my instructions TO the jury
about their finding verdict on account
OF this name annie as it appeared in
the indictment. | then and there in
serted certain provisos. The Court is of
the opinion that the establishment OF the
name Ann for Annie is not material
where the person charged is identified.
The evidence seemed sufficient to show
that Mr.. Miner lived with these two
women as his wives, and the jury seemed
to believe from the evidence that this
,trl,n Al.
person referred to in the charge. The
defendant has been seen at the house OF
this alleged plural wife, where he has
stopped and taken meals portion of the
time, and where the second wife has a
young child bearing his name"
Miner-I desire to cite a couple OF
points. | may have wife and she may
die to-day. Within three years | marry
another woman. Then | am violating
this Edmunds act just as much as am
now charged with breaking it.
Here the talkative U. @. lawyer turned
himself loose again. He spoke of the
far greater consecutive polygamous prac-
tices existing in the cultured city of Bos-
ton alone than in all Utah. This law,
said he, under which | am arraigned, is
| faulty, as il does not refer to divorced or
deceased wives.
The Court informed Miner that reason
must be exercised in all matters of law,
and that il n man continued to live in the
marriage relation with his divorced wife
in the plural number he was guilty of un-
lawful cohabitation just the same. And
that the entombcd did not enter into the
question at hand. The Court informed
the defendant that the motion for an ar
rest OF judgment was overruled and
Miner was ordered to stand up.
Court-Arc you prepared to say that
you will obey and maintain the laws of
the United States in the future, especi-
ally the statutes governing unlawful CO.
habitation?
Miner-lf your Honor please, while |
am natiye-born citizen OF these United
States-ever since | reached my majority
i have never promised to obey all the
laws oil the Government. For the past
80 years, since | became old enough to
vote, have said would not obey some
OF the statutes. The Fugitive slave law
would never obey. would not become
niggercatcher. / vowed ! would
not obey such laws, and did not, but
stood ready to take the consequences. |
regarded all such laws as unconstitution-
al when | practiced at the bar in Ohio.
and have the right TO obey or reject a
law Just the same as Il community has
which helps to form this country.
! have learned by observation that there
is higher tribunal. The missouri
compromise act' was resisted, which
caused agitation and terrible struggle
but the rejectors triumphed. believe and
uphold the country's laws, but so far as the
/ nj