The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-12-17
POLYGAMY.
A TEST CASE DECIDED BE-
SUPREME COURT.
THE WHOLE SUBJECT Is CLEARLY
SHOWN UPIN ALLoF IT'S
LEGAL ASPECTS.

WASHINGTON, December 14-The supreme court
to-day affirmed the judgement of the supreme court
in error, against the United States. Cannon was
indicted under the Edmunds law for unlawful CO.
habitation with more than one woman. Defendant
objected to the giving of any evidence the ground
that the Indictment did not Rllege that he a
male person, that the cohabitation with
women as wives. The objection was overruled and
verdict of guilty was returned and the defendant
sentenced 80 pay fine of $500 and TO be imprison-
ed for six months, and to be further imprisoned
till the payment of the fine Justice Miller dis
sented from the opinion of the court.
The principal question was as to the proper con-
structlo1 OF section 3dependlng on the meaning OF
the word cohabit, as used in it, and Judge Blatch
ford in his opinion says: "The court properly
charged the jury that the defendant was to be found
guilty IL he lived in the same house with two wo-
men and ate at their respective tables onethird of
his time, thereabouts, and held them out to the
world by his language or conduct, or both, as his
wives, and that it was not necessary it should be
shown that he and the two women, or either of
them, occupied the same bed or slept in the same
room, or that he had sexual intercourse with
either of them.
1t ie the practice of unlawful cohabitation with
more than one woman that is aimed at-a cohabi-
tation classed with polygamy, and having its out
ward semblance. 1t is not on the one hand mere
vicious, unmarital Intercourse with more than one
woman general legislation as to lewd practices is
left to the territorial government nor on the other
hund does the statute pry into the ntimacies of the
marriage relation, but il seeks not only to punish
bigamy and poiygamy when direct proof of the
istence of those relations can be made, but to pre-
vent man from Haunting in the face of the world
the ostentation and opportunities of a bigamous
houshold, with all the outward appearance of the
continuance of the same relations which existed
before the act passed, and without reference to
what may occur in the privacy of these relations.
And, again. it is the spirit OF the Interpretation,
that man cohabits with more than one woman in
the sections B. and of the act, when holding out
to the world two women as his wives by his Ian
guage conduct both, if he lives in the house
with them, and eats at the table of each portion
of the time, although he does not occupy the same
bed or sleep in the same with either of them,
or actually have sexual intercourse with either of
his wives by his conduct, when he maintains the
two wives and children of each all in the same
house with himself and regularly eats at the table
of each as the head of the two families
The opinion gives Websters definition of the
"cohabit,' and says that section of the act was
intended to reach the exhibition of all the ndeca of
marriage, household and family twice repeated.
The objections to the Indictment is because it
does not lalege that the defendant male
person, nor that he cohabited with the two wo-
overruled under the criminal procedure act of
which the defendant having pleaded and
not demurred and being held to have understood
distinctly the charge against male person
and was cohabiting with the woman as wives, and
not having been prejudiced by the failure to so
ailege.
The opinion concludes with the statement that
strong appeal was made in the argument not to
uphold the rulings of the trial court because that
would require polygamous husband not only to
cease living with his plural wives, but also to
abandon the women themselves. and the supreme
court of the United States was asked to indicate
what the conduct ofthe husband toward them must
be In order to conform to the requirements of the
what particular state of things will be lawful fur
ther than that man must not cohabit with more
thafno woman, in the sef ~~sthe word cohabit
as defined While cong. .s..sitimated the