The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-01-10

With FRACTURED sAui - az
and third, the two calls VI ~. Vi,
defendant at the house where Sne ~
dear daugh er was upon oeu 81 "
shs doctor. and which were lot Inc oD-
vieus and undisputed purpose Oh learn
mo of the condition of his SICK cnllo
fO1rtb. the ride taken by my. client III
eomnonv with Harriet and two oihel
Ta-s0ns to the house of HarrieJ's son
and fifth the anniversary dinner
saren with his hundred friends. AND
mon those bare facts you, gentlemen
- the iury. are asked in this, hall OF
i77stice to render a verdict OF sgullty
And of what? OF unlawful cohablta
Son. of having lived with these women
as husbands live with wives, and oil
having held them out to the world as
ais wives! Gentlemen, the Supreme
Court has held that unlawful cohablta-
son means these two things, and that
Without both of them proven 1t cannon
be maintained. insist, and any rea-
sOnabie man must acknowledge, that
neither of these essential elements mas
been established.
81 this point l desire to warn you
against falling into a pittall which l
lear may be opened for your feet. IL
has been suggested by counsel III other
prosecutions of similar nature, ana
have a right to anticipate it in this case
Lam compelled to advert to 1t before It's
atte-ence, as have no privilege OF re-
ply TO the prosecutors closing speech:
1t has been very adroitly and signiti-
lssr-SIT suggested that because my client
IL not i've with these women and per-
form his marital duties to them all
alike, he ought to- be convicted OF this
O6ense because Of his injustice and par
fialiEr. Gentlemen, this IS a monstrous
i1ea. The law required my client to
i've WiEd not more than one wife, and
because the prosecution cannot prove
that hehas- lived with more than one he
Il still to be convicted of the
OEs1s5; and such absurdity and
cruelty are justified as measure of pub
lie policy! Gentlemen. as widely as the
poles are separated, you may differ from
me DEFENDANTS religious belief, from his
marital methods, from his taste and |
sond1es; YOU NAV coincide with an -"
zenious but heartless theory heretofore /
S5vanced by the prosecution in this
.oQrT room, that this defendants sep
sration from a portion of his family
vas desertion and neglect of some of
rs wives. that this conduct was unjust
nd even cruel to the women who were
bus deprived OF his companionship.
But, gentlemen, that can have nothing
0 do with your verdict. Did the de-
sndant endeavor in good faith to obey
aeIaM? You are not sworn to judge
,orenzo Snow for what he has not done,
ut for what he has done; not for hav-
~ failed TO perform his marital duties.
rs for having lived with these women
!. his wives. The defense sets up the
aim that Lorenzo Snow has obeyed
he law. The prosecutions argument
GRId lead you to say that if so he '
u,git5 10 be convicted of a violation OF !
claw, because a compliance with the
az would be an act of inhumanity.
'nrther, my client is not on trial under
oaarge Of religious fanatacism."
his community is not on trial; nor is
BE Mormon church arraigned, but the
Ne point at which all these clrcum-
.ances and arguments center like the
pokes at the hub of a wheel, IS this
apIy this and nothing more: Did
xyrPngo Snow, during the year 1884,
re with and hold out more than one
oman IS q wife? Under the evidence
aSger is mo"
OF course. gentlemen of the jury, you
aturallv find some embarrassment
thus repudiating an argument upon
HIGH the prosecution In similar case
IS laid so much stress. You have sup
ased, doubtless, as l was taught, that
ae duty and aim of public prosecutor
As 10 stand in the Temple of Justice,
Of clamoring for the blood or liberty
any man but to represent truthfully,
cpartiallv, fully to the Jury all the
sets necessary for consideration in max
Y up lust verdict. He should en-
e2yor to be as eager for justice to the
zan on trial as is the paid advocate OF
be defense. 1t has been my fortune to
s--e for some years as public prose
2tor, and in that capacity have many
mes had the honor of appearing in
his court before the distinguished Judge
tho was the predecessor OF His Honor
zno sits upon this bench. But, gentle
zen, l ASSERT trust with no unseemly
1 never forgot the fact that
had no right to demand from any jury
verdict of guilty unless my own brain
nd conscience united IN saying that, if
were acting as juror in the case,
Eould feel bound by the facts to render
uCh a verdict. This is the test. APP
~ IL to the vigorous counsel for the
w III obduu
ay that if he had taken your oath in
he cause now on trial, his conscience
aOuld uphold him in voting for YER
Lat of guilty? / am reminded. of an
Instance which occurred not more than
NE hundred years ago last Thursday,
md not more than one hundred miles
rom this court room. a certain adroit
md eloquent counsel for the govern
nent, in a case very, very similar to
his, demanded most impressively the
of the defendant, and a short
Inc afterwards, while in converse
ion on the street, the same gentleman
poke to this effect: cit is my firm be-
ief that the man on trial yesterday had
honestly endeavored TO obey the law,
md had done all that should be re-
suired of him"
Gentlemen of the jury, you stand
aere probably in position of higher
Importance and holding a greater trust
han the distinguished Judge or the ener-
;etic prosecutor who represents the
nightiest nation under heaven. For
rou are here as constitutional bulwark
the wall of defense between my client,
lorenzo Snow, and the unheeding, i'll
udging clamor of millions of people de-
his conyiction.s Do not mis-
AXE the gravity of this occasion, nor of
Tour position. To my client, your YER
fict means either the retention
~ sacrifice of all that makes life
'adiant in human ewes and DreciouS