The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-05-10
NIB OPEN yENIRE.
=. d, srureme Court Decision
"IS' IN the ClawsOn Case.
u,, TEXT OF THE OPINION.
- Judge Zane and MIR.
sn'i''Dl,ck Dickson in all the Points
Raised.

Glowing is the decision of the
Ins Court of the United States or
~: snP Radssr clawson appeal
~ ~ 1Qes.-OcToBER TERM, 1884.
=. error to the Supreme Court of the
IlIri tlI of Utah.
TeTIigsUoo!! CIawson, Plaintiff in Error
huu7 VS..
The United States
,o.tion of the act of Congress OF
Unqes5 "a ISS2. (22 Stat, 30,) which provides,
llarcni NV prOsecutior for blgamy, poly
"hat u !. Unlawful cohabitation, under any
gamy, u - the United States, it shall be suf-
statut.e - of challenge, to any person
fcens or summoned as a juryman or tales
drawn " that he believes it right for a
nan, 'bove more than one living and I'M
man To-. " wife at the same time" the pro-
dlI9 sIOgs 70 empanel the grand inry which
CeeuinS irdlctment for one of the offenses
fnds a. rnder statute of the United States,
nahieu;, nerson not before held to answer.
agaiH na~t of the prosecution, and the IN
SSictment Is good, although persons drawn
d az srnTnrponed as grand jurors were ex-
any, s5o5 nv the court from serving on the
cIu lIJ my. on being challenged by the
e a. ID states, for the cause mentioned, the
GlLniIsnqes being found true.
eii The statute applies to grand jurors.
where. under section OF the act of Con-
W. Of June 23d, 1874, Us Stat, 254, Gin
sliGo+;on 10 courts and judicial officers in the
a.torv of Utah." in the trial of an indict
IT, he names in the jury-boX of 200 ju-
n me- nrroyided for by that section, are eX
Rons,ted. when the jury is only partly en-
nna auoiId the District Court may issue a
Po aniS4t n the United States marshal for the
VEN. uI1rnrnOn iurOrc from the h0dy-
~ the indicial district, and the jury may be
cco r from persons thus summoned.
[April 10Th. 1851
Nv Ipstioe 5latchford delivered the
oninion of the Court.
Vp AZ GpriI Term, 1884, of the Third Ju-
dcisi district Court, of Utah Terri
f0ry, Rudger Clawson was indicted,
Tnder twoI counts, in the same in
dictment, one for polygamy, and the
One woman. The first count was
landed on 1852 of the Revised
Statutes of the United States, as
amended by of the Act of Congress
Of March 23nd, 1882, (22 Stat. 80; and
the second on 3 of that Act. Bys 4,
counts for those offenseS may be Joined
in the same Indictment. The defend
amt was tried in October, 1884, and
found guilty on both counts, as
charged, and sentenced, on the first
count, TO pay fine of $500, and to be
imprisoned three years and six months;
and, on the second count, to pay fur
ther fine of $500, and to be imprisoned
the further term of six months; and,
further, to be confined till the fines be
paid. From this judgment he ap-
pealed to the Supreme Court of the
Territory, which affirmed the judg-
ment and sentence, and he has brought
The case to this Court by writ or
error. es zea.-tttE
The indictment was presented and
fled in Court, April oath, 1884. On
the 30th of April, 1884, before plea, the
defendant moved to set aside the in
dictment, On the ground that the
grand jury was not legally constituted,
in that qualified grand Jurors, drawn
and summoned, were illegally excluded
from the grand jury, on the challenge
of the prosecuting attorney. The
notion was heard on an agreed state
ment of facts, which is set out in the
bill of exceptions, and was overruled,
and the defendant excepted to the de-
Cision. The first error here assigned |
is, that that motion was improperly
OVerruled.
Bys4 of the Act of Congress of June
sd, 1874, Us Stat, 254,) entitled can |
Act in relation to Courts and judicial
officers in the Territory of Utah, y it is
provided as follows: "That within |
sixty days after the passage of this
Act, and in the month of January an
nually thereafter, the clerk of the Dis |
trict Court in each judicial district,
and the Judge of probate of the county |
lnwhich the District Court is next to |
be held, shall prepare jury list from
which grand and petit jurors shall be |
drawn, to serve in the District Courts
OF such district, until new list shall |
DE made as herein provided. Said |
clerk aud probate judge shall alter
nately select the name of a male citi-
zen Of the United States who has re-
sided in the district for the period of |
SIX months next preceding, and who
can read and write in the English |
language, and, as selected, the name
aud residence of each shall be entered |
upon the list, until the same shall |
contain 200 names, when the same /
snail be duly certified by such clerk /
ana probate Judge; and the same shall |
o: 1led in the Office of the clerk of such
district Court, and duplicate copy |
s 3 be made and certified by such of +
neers and filed in the Office of said
PROBATE judge. Whenever a grand or |
peut jury is to be drawn to serve at |
any term of District Court, the Judge
VI VI such district shall give public notice
VI the time and place of the drawing
VI such jury, which shall be at least |
oeelVe days before the commencement !
VI VI Sueh term; and on the day and at
sie place thus fixed, the judge of such I
SSiiS S shall hold an open session of
5S court, and shall preside at the
SS rap OF such jury; and the clerk of
oucp court shall write the name of
oaj person on the jury lists returned
l lnu n!ed II his office upon a separate
~ up oI paper, as nearly as practicable
IL the same size and form, and all such /
cups snail, by the clerk in open court,
~ paced in a covered box, and
jIiooIroughly mixed and mingled; and
~ nlgIrteupon the United States marshal,
H. H. us deputy, shall proceed to fairly
1 law oy lot from said box such num-
55o oa names as may have previously
~ ~ directed by said. judge; and II
iir rol grand and petit jury are to be
55r rSt the grand jury shall be drawn
boSosi and when the drawing shall lave
III concluded, the clerk of the Dis
MT court shall issue a venire to the
IA 1sSlaI or his deputy, directing him
hi ulnnon the persons so drawn, and
n l. IL - n