Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-01-18
THE SUPREME COURT STEPS In.
A Writ of Prohibition stops the l..
and l.. Case Against w. III.
Yearfan.


activity OF MIR. w. H. Yearian during tn
past week and remembered that the L
and L. case was to come up before Judg
Speirs to-day, were beginning to thinl
that something was being worked up il
which that gentleman had materia
interest. Such proved to be the cas-
to-day, when Deputy Greenman served
writ on Judge Speirs prohibiting hin
from proceeding further with Mr.. Yea
RAMS case, and commanding him tt
appear and show cause before the Su
preme Court. The writ was issued last
Saturday in response to petition from
Yearian, and was placed in Marshal Ire.
lands hands this morning. 1t comes
from the Supreme Court of the Territory,
before which the petition was brought,
and bears the signature of Associate
| Justice Foreman. From the petition,
which is quite lengthy, as reviewed by
the court, we extract the following,
which will convey an idea of the grounds
taken by the petitioner.
This petitioner further states
that said alleged charge in said affidavit
before said justice is malicious; that the
same was made, as petitioner states on
information and belief, maliciously and
with the purpose of disgracing and scan
dalizing this petitioner and not to further
the ends of justice. That this
petitioner has served as grand juror in
the Third District Court and his opinions
in favor of the enforcement of the laws of
the United States in the matter aforesaid
are well known to the parties aforenamed
(Speirs, Hampton, ct al J, and their sec
tartan friends, and are very obnoxious to
them. \ That with view
to terrorize persons not Mormons
who are compelled to sit as jurors
and may otherwise be instrumental in
aid of enforcing said acts of the United
States against polygamy and cohabita-
ton, this petitioner states on his informa-
ton and belief that the said B. Y. Hamp-
ton, aided and assisted by the moneys
and services of divers public officers of
the county of Salt Lake and of the mu-
nicipality of Salt Lake City and others in
authority in the Mormon church, did
concoct SCENE to embarrass the admin
istration of the law in poIygamy and CO.
habitation cases, and to deter persons not
of that faith from aiding in such admin
istration.
The writ is made returnable next Fri
day, and reads.as follows:
In THE SUPREME COURT OF THE TERRITORY
OF UTAH,
The People of the Territory of Utah ON the
application of VIM. 81. Yearian VS.. Adam
Speirs, Justice Of the Peace, etc.
The people of the Territory of Utah to
Adam Speirs, Justice of the Peace of the
Second precinct in and for Salt Lake county.
Territory of Utah.
Whereas, William 81. Yearian, of Salt
Lake City, Salt Lake county, in said Terri
tory of Utah, in the Supreme Court of said |
Territory, to-wit: ON the 18th day of Janu-
ary, 1856, did represent by his sworn and |
verified petition and affidavit, copy of |
which Is hereunto attached and made part |
hereof, and that you, the same Adam Speirs, |
Justice aforesaid, nevertheless, well know |
ng the premises, yet contriying as it is said
to the said William Fl. Yearian unjustly to
iggrieve and Cypress, have done the acts and
'hings alleged in said petition, in contempt
ot us and against the terms and customs of |
our said Territory, and of the United States,
ind to the manifest damage, prejudice and
grievance of him, the said William II. Year
an. Wherefore, the said William II. Year
al las prayed reileT ana our writ OF pro-
libition in that behalf
We therefore being willing that the terms
md customs of our said Territory and of
he United States should be observed, and
hat our citizens should in no wise be OPP
'ressed, do command that you desist and
efrain from any further proceedings in that
ertain action or proceeding entitled 'sThe
'eople of the Territory of Utah VS.. w. ii.
,earian," under complaint dated Decem
Ell 4, 1885, and filed in your said Justices
'ourt, until the further order of this
ourt and that you show cause, if
ny. you have, before our said court on
friday, the 22d day of January, 1856, at the
ederal Court House, in Salt Lake CITY,
tab Territory, in the court room thereof,
ny you should not be absolutely restrained
nd prohibited from any further proceedings
such action or matter, and have you then
nd there this writ.
Witness the signature of the Hon. Jacob !
Associate Justice of our said Su- {
RENE Court, this 10Th day of January, A. d, i
vt. JACOB S. FOREMAN, !
Associate Justice of the Supreme Court of
Utah Territory
Attest my hand and the seal of said court,
4. L. SPRAGUE, Clerk |