Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-07-13
THE OGDEN UNLAWFUL C0HABs.
The Remarks of Judge Powers IN
Sentencing Those Cases.

In the cases of F. A. Brown and
Moroni Brown, sentenced by Judge
Powers on Saturday for unlawful cohabi-
tation, the Ogden Herald's report reads
as follows
The Court then passed sentence upon
Mr.. F. Brown as follows
Mr.. Brown, you have been indicted by
Grand jury of this court on the charge of
unlawful cohabitation in living with two or
more women as your wives. You have been
convicted by jury of your countrymen up
on your own testimony. The Court has
carefully read the statement which you pre-
sented the other day, on the occasion OF
your trial. but would like to know whether
YOU have anything further to say why SEN
tence should not now be passed upon you, II
so will be pleased to hear you.
Mr.. Brown said he had nothing further
to say.
The Court: You and 1 occupy painful
positions to-day. 1t is painful for young
man to be compelled to execute the law upon
one so much older, and who has the stand
ing in the community that you have, and
who has served in the position in which you
have served. Nevertheless, you have stated
to me that you simply did that which you
conceived to be your duty and have done 1t
sincerely. No matter how painful the task,
and it is indeed painful, for l take no
pleasure in sentencing any man and simply
do it as duty my country enjoins upon me,
it is expected l will perform my duty as
sincerely as you have told me you have done
yours. 1t has been my object, and trust it
will be in the future, while l am upon the
Bench; to give to every man fair and i'm
IL. ~. oaA,
In the first place, it is punishment to the
defendant, and, secondly, is an example to
others. l regret am compelled to pass as
severe a sentence as l feel it my duty to pass.
| have endeavored to arrive at what would
be correct conclusion, and trust my con-
clusion is right, would like to see the peo-
pie in this Territory give obedience to the
law, as we'll as in all others sections of the
country. The sentence of the Court is that
you be imprisoned in the Penitentiary for
six months and that you pay fine of $500
and that You stand committed until such fine
is paid.
The Court then address Mr.. Moroni
Brown. He had been indicted by 4
Grand Jury Of his countrymen for the
offence of unlawful cohabitation with two
or more women as his wives. He had
pleaded ''Not guilty" in the first instance,
but had afterwards Withdrawn that plea
and changed it to of one OF Guilty"
His Honor then passed sentence as fol-
lows
Mr.. Brown, in your case as in the case of
the defendant whom have just sentenced,
wish l might feel it was my duty to suspend
sentence in both cases; because while you
have each violated the law, neither of you
as yet see the error of your ways. Neyerthe-
less, you have been sensible; you have in
Dictated by your course that, however mis-
taken you may be, you have thought you
were right. You have not eyaded the law;
you have not fled from the processes of the
Court: you have not put the Court and the
officers of the law to any undue trouble; you
have not allowed you families to be dragged
into the court room, and you have not sat by
and listened to their testimony, when they
were endeavoring to shield you; but you
came forward both of you, and submitted
to whatever punishment the law would put
upon you. Nevertheless, cannot do other
wise, if you were my own father, / must
pronounced sentence upon you in order that
this people may feel that they must obey the
laws. l am here to give all men a fair trial
and if they are convicted to administer such
punishment as will not only have its effect
upon the defendant but upon the whole
community. wish that in passing sentence
l could say something that would cause this
whole people to wake up to the knowledge,
they must wake up to sooner or later, that
the laws of the country must be obeyed
The sentence of the Court is that you be i'm
prisoned in the Penitentiary for six months
and that you pay fine of $500 and stand
committed until the fine is paid.