Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-08-17
ELIZA STILL REFUSES.
The Alleged POlygamOus Wife of John
W. Smell Keeps Her Mouth Shut,

The Alleged Polygamous Wife of John
W. Smell Keeps Her Mouth Shut,
And VIII Go to the Pen Before She
Acknowledges the Business.
A Writ of Habeas Corpus Before Judge
Jane to Determine the Commits
siOner's Power to Commit.
Eliza Shaher appeared before Commits
sioner Mckay at 10 o'clock this morning,
pursuant to order, and still refusing to
comply with the demands OF the Court,
she was committed to the Pen. Follow
ing is Commissioner McKay's order OF
committal:
UNITED STATES OF AMERICA,
TERRITORY OF UTAH, SIS
SALT LAKE COUNTY.
Before William Mckay, Esq, Commits
sioner of the Supreme Court or SAID
Territory:
The United States OF America, to the
United States Marshal within and for
the Territory of Utah, or either OF his
Deputies-Greeting:
BE 1t remembered, That on the 18th day
of August, AID 1885, at an examination
pending before said Commissioner, at
his: office, in the City and County of
Colt o1ro cd To,r;to,.x, r-horQir1 tho
United States of America was plaintiff,
and one John w. Smell was defendant, IN
a criminal action wherein the said John
w. Smell was charged by the complaint,
upon oath OF one Z. \. Ireland, with
having committed the crime of living and
cohabiting with more than one woman
to-wit: with Emma Smell and Eliza
Shaffer at the City and County of Salt
Lake and Territory aforesaid, between
the LIST day of September, AID. 1882, and
the 1st day of August, AID. 1885, the said
United States being represented by {. ).
Varian, ESQ.,, its Assistant District At
torney, and the defendant being present
and with his attorney, NJ. kirkpatrick,
ESQ.
During the progress OF the examination
it was in evidence that the said Emma
Smell, who was present at the hearing,
then was, and during the period covered
by the complaint had been the legal wife
of the defendant Smell. There was also
evidence tending to show that within the
time specified in the complaint, the de-
PENDANT was living portion of that time
with the said Eliza Shaffer, and that
she was reputed to be the wife OF the de-
lNatfp 1.
having been first duly sworn and adj
mitted as a witness for the government IN
said action, testified that she had known
the defendant eighteen or twenty years,
that she was not married to him, and had
not lived with him, but had worked for
him for wages, and supported herself, all
this at the city and county of Salt Lake
and Territory OF Utah. Thereupon the
following questions were asked said wit
ness by the Assistant District Attorney:
First-Haveyo you ever occupied the same
bed with him? Ii 80, during what time
Second-Have you and he not been
living together in the relation of husband
and wife, in plural or celestial marriage,
during the past three years?
To each OF which questions the said
| witness refused and declined to make
answer, and upon being Intercepted by
the Commissioner as TO whether she had
any excuse or reason to offer for refusing
and declining to answer said questions or
either of them, the witness replied
"NOap lchich irish to state"
1t was therefore considered and adj
Judged by said Commissioner that said
questions were proper questions, and he
so advised said witness, and instructed her
to answer them, and each of them, and
the said witness then and there declined
and refused to make answer as before.
Thereupon it was by said Commissioner
considered, ordered, and adjudged that
the said witness, to-wit, the said Eliza
Shaffer, was guilty OF contempt, and on
this 18th day of August, 4. d. 1885, it was
ordered by said Commissioner fir the said
offense whereof she stood convicted she
be imprisoned in the custody of the United
States Marshal OF the Territory of Utah
for the term of one day, and that she pay
to the use of the United States fine of
twenty-five dollars ($25.O0) and stand
committed until said sentence be per-
formed, or be otherwise discharged by
due course of law.
These therefore are TO command you
and each of you, to take the body of
Eliza Shaffer, and her safely keep i'm
prisoned in your custody for the term Of
one day, and until she shall have fully
paid the fine imposed rs aforesaid,
amounting to the sum of twenty-five dol
lars ($25.00) or until she be otherwise dis
charged by the course of law.
Hereof fail not, and make due return of
this writ with your doings thereon.
Witness my hand at the city and
county Of Salt Lake and Territory of
Utah, the 18th day OF August A. d., 1885.
WM. MCKAY,
Commissioner OF the Supreme Court of
the Territory of Utah.
Soon after Judge McKay's decision
committing Miss Shaffer to the peniten.
tiary the attorneys for the defense sued
out a writ of habeas corpus before Judge
Zane, and arguments began at 2 O'Clock
this afternoon pertaining to the authority
of a U. S. Commissioner of Territory
to commit for contempt. Miss Shaffer
was allowed to remain in town to-day,
awaiting Judge Zane's decision.