Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-17
my NAME IS MINER +!
Pm Lawyerv' And Aurelius Lays
Down the Law to the Court,
With the Side Remark That There Is
More P0lygamy Going On in
Boston Than in Utah.
But the Great Constitutional Elk.
FOUNDER is Sat Down Upon by
~ Zane'S Usual Three.Six.

usual attendants upon the unlawful CT
habitation trials. Immediately upo
order being called, the Grand Jury cam
into court and presented some results {
their labors. Commissioner Mckay, no,
assistant acting prosecuting attorney
stated to the Court that the Grand Jur
expected to adjourn one week from mex
Monday morning for three weeks, an
that there was a lady now held for re
fusing to answer certain questions of tn
Grand Jury. No disposition was mad
of the matter. The jury then returne,
to their sanctum with instructions to hol
themselves in readiness to a call by tn
foreman.
Court-Mr. Varian, have you any bust
ness to proceed with?
Varian-This is the day set for the sen
fencing of Mr.. Miner and Newsom.
The Miner case was taken up by Mr.
Kirkpatrick, who introduced motion fo
new trial on the ground that NJ
ofense alleged in the Indictment hac
been shown, and that the instruction.
were void on account of uncertainty abou
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 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 a clause covering every possible
doubt in the case. After dealing out a
tlresome amount of instructions to the
prosecution for their benefit in the cases
to follow, the conceited pettifogger sat
down, amidst 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
thought the evidence given by the moth
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
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 indict-
ment, and that the LADY, 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
dental person, and to none other. This
.act was shown in the cross-examination
oy the defense. 81 am satisfied that An
nle is often a nickname for Ann, as May
S for Mary, but in this case
The desired point of establish
ng the identity on the right person as the
plural wife of the defendant was done. no
natter under what name | remember
hat Judge Hardness presented some OBJ
ections to my instructions to the iurv
lbout their finding verdict on account
II this name annie as it appeared in
he Indictment. l then and there in
erted certain provisos. The Court is of
he opinion that the establishment of the
lame Ann for Annie is not material
where the person charged is identified.
he evidence seemed sufficient to show
hat MIR. Miner lived with these two
women as his wives, and the jury seemed
believe from the evidence that this
roman, under whatever name. was the
erson referred to in the charge. The
efendant has been seen at the house of
his alleged plural wife, where he has
topped and taken meals portion of the
me, and where the second wife has a
Dung child bearing his name" !
Mlner--l desire to cite couple of
olnts. may have wife and she NAV
lie to-day. Within three years marry
mother woman. Then | am VIOLATING
lis Edmunds act just as much as am |
Wv SiictA SCu Will III.
Here the talkative U. G. lawyer turned
lmself loose again. He spoke of the
II greater consecutive polygamous prac
ces existing in the cultured city of Bos-
IN alone than in all Utah. This law.
I'D he, under which l am arraigned. is
'ulty, as it does not refer to divorced or
eceased wives.
The Court informed Miner that reason
lust be exercised in all matters of law
nd that If man continued to live in the
carriage relation with his divorced wife
the plural number he was guilty of un-
wful cohabitation just the same. And
lat the entombed did not enter into the
lestion at hand The Court informed
e defendant that the motion for an ar
st OF Judgment was overruled, and
lner was ordered to stand up.
Court-Are you prepared to say that
~ Will obey and maintain the laws of
e United States in the future, especi-
~ the statutes governing unlawful CO.
Miner-H your Honor please, while I
native-born citizen of these United
since l reached my majority
have never promised to obey ali the |
VS. OF the Government. For the past
years, since l became old enough to
tie, have said | would not obey some
the statutes. The Fugitive slave law /
'uld never obey. would not become
nlgger-catcher. vowed l would
It obey such laws, and did not. but
BOD ready to take the consequences. l I
yarded all such laws as demonstrations :
when l practiced at the bar in Ohio. :
d have the right to obey or reject a
" Just the same as community has S
nch helps to form this country. '
AVE learned by observation that there r
a higher tribunal. The Missouri
act' was resisted, which
used agitation and terrible struggle.
the rejectors triumpned. I believe and 4
hold the country's laws, but so far as the
luirements of your Honor are con-
ned, / do not think them inst Tharo