Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-17

laid down by Blackstone, and then went
through with lot of parrot gibberish
which was so much Chinese to those lis
tening.
The Court informed him that he was
not the one to interpret the laws. That
part of the work rested in other hands.
Miner then ratified off lot of an old
time campaign speech about the Republi-
can party and their trespasses into the
sacred domain of religious belief. AS the
Latter-day spirit progressed within the
speaker, he said that Congress had no
right to pass such laws as are being en-
forced here in Utah. 1t was all wrong,
and he knew it.
The Judge asked the agitated U. G. if
he believed it right for man to cohabit
with his neighbours wife.
Miner-That is moral crime.
Court-Suppose man cohabits in the
plural marriage relation with his neigh
boris daughter?
Miner Qaughing)- is all right, SO
long as they agree to it, as there is
nothing against it in the decalogue. AS
a man, citizen and lawyer observe the
laws, but regarding my religious views, 1
have the right of choice. Since my
childhood have tried toabide by one of
Solomon's sayings.
Court.-Don't waste time in recalling
all the conduct of Solomon. He was
pretty hard customer in some respects. I
understand that you take the position to
determine what are laws of the United
States and what are not?
Miner-Yes, sir as citizen do.
Court-H every citizen undertook to do
SO we would have no laws at, all. Any
thing wrong must be corrected. Congress
has the right to prohibit evil, and prob
| ably knows what is right. You say you
| are citizen and lawyer The Govern
ment does not want men to expound the
law or practice the same who will not obey
the laws. Your position in the courts
aggravates your case, though you may
not know what the law is.
You are sentenced to six months inn
prlsonment and to pay fine of $500 and
the costs of the court. You will stand
committed until the fine is paid.
The Court proceeded by saying that in
respect to the other question, he would
direct the clerk to make out copy of this
decree and of the reporters notes to be
filed against defendant Miner to show
cause in answer, at 10 o'clock next Sat
urday morning, why he should not be
dlsbarred from practice as an attorney.
Miners countenance dropped at the
thought of, such humiliation and he tried
to apologize, but choked off for want of
something to say. He was put in charge
of Il deputy and went in search of Dr..
Taggart to get permission to retain his
frosted beard from the cruel shears of the
convict barber. E4 e
The polygamous case of the United
States against William d. Newsom was
brought up at o'clock this afternoon. 1t |
was expected that the defendant would |
receive sentence for the two counts of |
which he was found guilty, but Mr. Kirk
patrick, as counsel for the P. and |
U. c., moved for a new trial on the |
grounds that the Court misdirected the |
jury in matters of law; that the Court
erred In the decision OF questions of law
arising during the course of the trial: that |
the verdict is contrary to law, and that
there is newly-discovered evidence ma
terial to the defendant and which he
could not, with reasonable diligence, have
discovered and produced at the trial.
Affidavits were produced by the de-
tense from Mrs. Sarah Ann Denny, Mrs.
Fanny Austin, Robert Swain, Oliver S.
Walsh, Ann Morris, Richard Smvthe and
Thomas Jones.
Mrs. Denny certified that she lived on
First South, near Eighth East; knew de-
fendant and Lucy Devereaux, the alleged
plural wife; met Lucy about the last of
November, 1881 and went to the Endow-
ment House with her; met Newsom and
Lucy together often after 1881, at yard
meetings and parties, and they appeared
to be married.
Mrs; Fanny Austin stated that she en-
ployed Lucy from 1881 to 1888. Lucy
once got permission to be absent for a
day, and said she was going through the
Endowment House.
Robert Swain. just sent to the Pen for
U. T., certified that he was stone mason
on the Temple block knew Newsom we'll
defendant came to him in 1881 and Dor
rowed an endowment suit such as is used
by those going through the sealing pro-
cess. Newsom returned the garments
two days afterwards.
Oliver S. Walsh lives in the Twenty
FIRST ward; knows both Lucy and de- {
endant: Lucy lived ten years at his I
nome in England; in November, 1881, he
LeI NeWsom ana Lucy In the EndOW-
nent House in this city. About Christ I
mas OF 1881 Lucy said she was married
20 Newsom. 8
Ann Morris, widow in the Eleventh e
ward: met Newsom and Lucy together in
he Endowment House, and believed
hem married. a
h. Smythe, of Goddard & Co.: New. Fl
ON introduced Lucy to him as his plural c
wife in March, 1882.
Thomas Jones, stone-cutter on Temple
block, saw Newsom and Lucy come out
II the Endowment House in 1881.
MIR: Kirkpatrick then set forth the rea-
ons for a new trial, and was followed bv
Ar: Varian for the prosecution, who =
lalmed that the afidavits failed to set
orth anything material to the case and
'ere Irrelevant and superfuous.
Nnr.< 10 -.