Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-05-09


r doors were opened.
! Promptly at 10 O'Clock Judge Fan
, assembled the bench and directed Marsha
{ Ireland to open court, after which Dis
, 'trict Attorney Dickson reminded th,
Court that to-day was the time set 10
passing sentence on Angus NJ Cannon
convicted of unlawful cohabitation.
{ Judge Bennett then announced tina
, Mr.. Arthur Brown desired to move for
new trial in the case on the grounds
/ that the Conrt erred in instructins
the jury, also in excluding evi
dence tending to benefit the de
PENDANT, also that the juror A. Nj
Johnson was disqualified from serving a:
juror from the fact that he himself haC
lived in the practice of polygamy, and
further, that the Court erred in overruling
the objections to the framing of the in
dictment
These objections were argued by the
defense and prosecution to considerable
length, but the Court overruled the motion
for new trial on the grounds that the
objections OF the defense were insufficient
towarrant a supposition that the Court had
erred regarding the exclusion of evidence.
and that the time to object to the Juror
was when he was being examined as to
his qualification There was nothing TO
show actual malice or bias on the part of
the juror.
The motion for new trial being over
ruled, the Court directed
ANGUS NJ. CANNON
To stand up, and addressed him as fol-
| lows:
The Court-As yoI are aware, the
! jurors who tried the charges against YOU
found you guilty, and the motion for a new
hearing having been entered and over
ruled, it becomes the duty of the court to
pronounce the judgment of the law. Have
you anything further that you desire to
say before judgment, if 50, say it.
Mr.. Cannon-Nothing!
Judge Zane then went on to say that
the law gives the Court quite a wide dis
erection in punishments for offenses like
thls-lmprlsonment in the penitentiaries
for period of six months and a fine of
$500, imprisonment without the fine, or
the fine without imprisonment That
being the case, the Cont would be very
glad if the defendant could suggest that
would enable it (the Court to exercise
its discretion. 1t was also proper for the
Court, particularly in cases that are con-
tinuous in character, like unlawful cohab
itation, to inquire of the defendant as
to what his purposes might be in respect
to obeying the law in future, and inre
spect to his advise to others. This was
not done for the purpose of humiliating
the accused, or for the purpose of ex-
tracing from him, under the pressure of !
circumstances, any statement of anv
kind. The accused was at perfect liberty !
to answer as he chose. OF course. if =
man charged and convicted of a crime
says that he intends to obey the law in
future, or that he intends thereafter to
cast his influence upon the side of law. if
should be taken in his favor, and OUGHT
to be 50 considered by the courts: and if
a man so convicted, should in good faith
declare his intention to live within the
law in future, the court would be disin-
cllned to impose Imprisonment in the
penltentiary. If there were palliating
circumstances the court would like TO
Know OF them before passing sentence.
The defendant then arose, and said if
had been a rule of his life since
ne was married to make his acts the |
evidence of his good faith, and to make c
us conduct as Il citizen the evidence of
lis loyalty to his country. Since he had L
AIKEN the oath of allegiance to this conn e
ry, laws had been passed MAKING COR t
ain practices in which he beiieveJ !;
rlmes. He had closely scanned the evi,
ience of witnesses who had testified in
lis case and was convinced that there
vas nothing brought forth to show tbat I
ince those laws had been passed ba had ;,
yer violated them The witness o. =
'annon, had testified that She was bic n
rife prior to the passage of the Ednnn ,,Is n
wv out had not lived with him as such =, !,
nee. The only evidence that had been Il,
r0uuced tending to show that he was u
lolatlng the law was that of his son u
gorge M. cannon, who could only say
lat ne mad heard his father state that v
had married his wives before the na mas. sy
tge OF the law against it. The evidence la
ms ne since the passage of the Ed tn
unos law had been reviewed in tba We
y a ana OF that he could say NOTHING M
~ cannon closed by stating that he WI
Ealted with calmness and serenity the fir
.uon OF the Court But for him to stand bu
ana say what he would do in he
Z future he could not 81 now
p 81 and humbly bow to the DEGREES ~
'llIs court trusting to be able to bear ha
q! under any punishment that NAV ha fin
nicUed' ana L thank God that | have no
u. iost my manhood, if L have nv lib- De
me Court infer from your remarks va
a. you nave nothing further to say. aw
a IN that tact into consideration. nm
- 'ne clrcunstances, the Court cannot
e you less than the full penalty of the Is
" you are sentenced to pay a fine If an:
~, ana TO SIX months in the peniten- pre-
ry. P0Ni'eii- fnr
Jounsel for the defense asked that hail low
'uld De granted, pending the motion
new trial, but the motion was Do T
any
:, clifton MUssER mo
s then called. Counsel for the dafonso
yea Tor new trial on about the SAM
c !! as IN the Cannon casa Tho
Ion was overruled for the same raa T
5 as stated before. Co.. %
Ir. Musser then stood up, and in ra,l,, lot
le question as to whether he had apy. the,
g 10 say before sentence was nassa3 at .
leu that he had prepared stafement
On would be read for him by Mr. q
.her' remission being granted. Mr. and
'her came forward and read Mr. Mns.