Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-09
JUMPED" THE JURY.
A Division Among the Good Men and
True Who Form the Grand Jury.
Messrs. MOritz, Davis and Clayton De-
eide They VIII Not Indict on Judge
Zane's Recent Ruling,
Regarding II as Ex Post Facto, and
Not Giving the Unlawful Coliabs.
Fair Chance.

The Grand Jury came into Court this
forenoon and presented an Indictment
found under the United States law for the
usual "too frequent" The Assistant
U. S. Attorney, William Mckay, made a
statement to the Court of the acts OF
certain grand jurors refusing to comply
with the custom and ruling of the
Court. Upon questioning, it was found
that three of the Jurors, Jacob Moritz,
Newell Clayton and j. c. Davis, duly i'm
paneled and sworn for the September
term OF 1885, as Grand Jurors, refused to
be guided by the opinions of the Court.
Judge Zane, addressing the three men,
said:
1 am surprised that four gentlemen serv-
ing rs Grand Jurors should refuse to bring
an Indictment where there is sufficient evil
dence to warrant it, You are not the judges
of the law, it is for the courts to decide as
to the constitutionality of the laws You
are acting on your own oaths and cannot
trifie with your own consciences. Your duty
is to bring indictments if the evidence is
sufficient to convict. You cannot go outside
of the law any more than the Court can. Mr.
Moritz, Mr.. Clayton and Mr.. Davis, you are
excused from the panel of the Grand Jury
as unworthy to serve your country as Grand
Jurors, and when next you come before the
Court come prepared to give your answers
in straightforward manner. Gentlemen.
you may retire.
Messrs. Moriz, Clayton and Davis,
took their hats and left the jury box and
marched out of the court room.
This bounced the three jurors and an
open venire was issued to the United
States Marshal commanding him to sum-
mon from the district the requisite num-
Der of true men to serve.
A DEMOCRAT reporter called on Messrs.
Moritz and Davis at once TO learn their
reasons for boiling. Mr.. Moritz
said: GAS a juror propose
to do my own thinking and
act accordingly. i was perfectly
willing to find indictments against all u.
C.'s who have been sentenced since
Judge Zane's recent decision that any
number OF charges can be brought against
an unlawful cohabitator within stipu-
lated time given But there are men now
serving their six months imprisonment for
the offense who were confined before the
ruling was made, and who might have
decided differently under a knowledge OF
the existing rulings of the Court. The
Judge laid it down to us in emphatic
terms, and l am sorry the thing had to
occur, but under the circumstances gov
erning my mind rs to the right thing tc
do, l could not do otherwise conscien-
tiously."
j. g. Davis concurred in what Mr..
Moritz stated, and seemed somewhat ex.
ercised over the matter.
There are now seven parties in the pen
itentiary to be re-indicted at once, as
their time is nearly served out on the first
charge. The gentlemen discharged from
the Grand Jury say they are in favor OF
letting each man out on the expiration OF
six months, and if he does not obey the
law after Il fair trial, send him back again.