Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-07-15
FIVE MONTHS AND $500.
Judge Powers Sentences JOB finshcp
for Unlawful Cohabitation'

Monday morning in the First DISTRICT
Court at Ogden, Judge Powers passed
sentence upon Job Pingree, convicted OF
unlawful cohabitation. The remarks OF
the Court to the prisoner were as ioi-
lows
The Court has learned since your triai
and the verdict of the jury that you are hoI
without friends in this community;
greater pressure than you are aware Oh nas
been brought upon the Court IN your case.
The Court has been appealed TO on PuDn,o,
grounds by Gentiles as well as py MoL OIL tha+
to suspend sentence. 1t has been toio tna'
it is necessary that you remain here TO per
form your official duties in this city OF Og-
den. The Court has studied tnat matter
carefully and conscientiously, but II nas
seemed to the Court that is not su1nclent
reason for a suspension of sentence, Decause
while the public may suffer 1t Is an eAaInpie
to the public. 1t is not more OF cause ~, LOt
q suspension of sentence than the fact tnat
your family needs you and that your FAMILY
will suffer. Indeed, the sufferings OF your
family appeal to the sympatnles OF tne
Court more than the sufferings or tnls c0n-
munity. They have made preparation; tney
are not put out any more II you are taAe ~
from here by the hand of the law thaii Il
you were removed from here by the hanu VI
God. The Court has been asked 10 alioW
Won to remain during the months OF July
and August but it has seemed TO the OourI
that, under the present state or aHalrs,
when men of your faith stand here III DELL
ance of the law, claiming that they were
right, Justice must be served. The people OF
this Territory are violating law and must
be caused to feel that punishment Will ne
melted to those who offend, and that there
will be no hesitation in regard to 1t. Inc
Court has carefully considered the case, and
has gone over the evidence; and the rulings,
40 far as could remember them, have been
considered, have read and re-read the
charge to the jury. Because of your high
standing in the community have felt that
your example is much greater. 1t gives the
Court no more reason for suspension OF
sentence in your case than it would in the
case of a poor man who stood before this
bar with no one to speak for him. Many
have spoken for you; the lady whom 1t was
impossible to find during the trial was
visited by the Court with the prosecuting
attorney. He has made diligent inquiry
since the trial to, if possible, make certain
whether there was any mistake; has with
him visited your home, conyersed with that
Iady and with your daughter and has seen
the child Pearl. say this to show you l
am not passing sentence thoughtlessly. l
think probably you have punishment enough
SO far as YOU are personally concerned; l
understand that your position, with your
sensitive nature, is exceedingly trying to you.
But while you say to me that you have tried
to live within the law, to-day you cannot
tell me what you will do. wish you could
have done it for this reason. If could send
forth to-day in this community under
suspension of sentence such man as Job
Pingree, who by precept and example would
show the law must be obeyed, Ishould send
forth missionary of the Court. am sorry
to say | cannot do it. / must consider the
public, for 1 find those who violate this law
justifying themselves, urging violation of
the enactments of the Government, claim
ing it is unconstitutional, and setting their
opinion and Judgment of the law above that
of the lawmakers.
You have had fair trial and you do not
seek to move for new trial. AS to what
ought to do Is not an easy matter to
determine. These punishments are given
simply to convince those who are convicted,
and those who learn of them, that the law
must be obeyed. The sooner 1t is obeyed
the sooner that era of peace will come which
your counsel referred to so eloquently. l
must dispense from the minds of this people
one fact, and that is that this law is not to
be enforced, and it may be disobeyed with
impunity.
Your government mas to enforce that law.
Would it not be better for you, Mr.. Pingree,
to say, as loyal citizen, that you would go
forth and by precept and example urge its
obedience to-day.
Judge Williams-It lies in this way: He
has been trying to obey the law, and what
he states is he does not know how the Court
will construe it in the future.
The Court have given him opportunity,
Judge Williams; l do not want him to do
anything contrary to his feelings, any
more than would do anything contrary to
mine.
Judge Williams if he says he will
do thing he will do it. He is just that kind
of man.
The Court-The sentence of the law is, Mr..
Pingree, that you be confined in the Peni-
Tertiary for a period of five months and that
you pay fine of $500 and stand committed
till such fine is paid