The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-05-30
THE CASE OF AMORMON
! O-Afis
Argument in the Supreme
[Efa Court HfhfI
BY GEO, TICKN0R CURTIS.
A Review of n Remarkable Case-A
Han Who Seems to be In jail for
his Opinion not his Practices.

: delivered to-day by George Tlckno
! Curtis. The case was that of Lorenz
Snow, on appeal from the Suprem
Court of Utah. Snow Is one OF tn
Twelve Apostles of the Mormol
church. He is 70 years OF age, and is
man OF remarkable scholarly attain
ments. He IS one OF the early convert
snade by Joseph Smith, Jun, the found
er of the Church of Jesus Christ of Lat
ter-day Saints. l remember hearing
him preach a sermon in the great tab
ernacle in Salt Lake City several year
ago, to an audience of more than sil
thousand people. OF commander,
presence, and with highly intellectua
face, this man would have excited tn,
admiration of the most cultivated as
sembly IN the world. His manner o.
delivery and his elocution were those oil
a trained orator. His diction was lofty
his discourse surprisingly eloquent.
subsequently met Apostle snow at the
house of a mutual friend. and was
charmed by his easy department and
his conversational powers.
This man is now in the Utah peni-
Tertiary. having been convicted of un-
lawful cohabitatlon in three separate
cases before Judge Powers, at Ogden.
Utah. He is sentenced TO six months
Imprisonment in each of the three
cases. and to pay the costs of prosecu-
ton, and three fines of $500 each-lhe
full penalty of the Law. He was one of
the first to accept the truth of the reve-
lation concerning plural marriages re-
ceived by Joseph Smith in 1912. Upon
the passage OF the Edmunds law, in
1872, he had five wives living, who, with
their families, we're maintained by him
In Brigham City. Separate establish
ments were provided for each of the
families. The law against unlawful CO
habitation being enacted, Mr.. Snow at
once announced his determination to
obey It The terms of that law were
general, and the recognized meaning of
the word cohabitation in criminal status
was that sexual intercourse which the
relations between man and wife imply.
The author of the law and those who
favored its passage by Congress, de-
clared that It's purpose was TO prevent
the future practice of polygamous mar
rlages. II was announced that its OBJ.
ject was not 20 break up family rela-
lions which had been formed when
there was no enactment making polyg-
amy a crime. The issues of such mar
riages were legitimatiZed. The COM
mon understanding vas that while the
male polygamists could maintain their
plural families, support and care for
their different wives. they must live
ana have intercourse as man and wife
with one woman only.
This was what Mr.. Snow did. He not
only separated from four Of his wives
and maintained domestic relations with
only one, but announced that this was
to be his course of life. de did not
that by his previous
course of lie, he had been guilty of
disobedience 10 any divine command
ment, but maintained that his manner
OF living was in accordance with a
divine reyelatioa which God had given
10 Joseph Smith, Still as the-supreme
power of Mis- country had forbidden
such relations, and even the appearance
of the same, he would respect by out
ward appearances that law. nE'lp if
HE xAIsrAIsEp HIS FAsErnEs. g =
The government, on the trial of the
cases against Snow, was, not able to
prove thar he had lived with more than
one of his wives after the enactment of
the Edniunds law. Indeed the records
shows that the witnesses, for. the prose.
eution testified that he had rarely ever
seen four of his former wives. and on
such occasions as ne did see them. he
or they were accompanied by other
persons. The defense admitted the
maintenance of the families, and the
defendant and the wives admitted also
that as their religion Taught that mar
mage was for time and eternity, they
held that in the spiritual sense they
were united to each other by indissolu-
bic ties. Judge Powers held in the first
case that this was holding out the wives
and practically directed q verdict of
guilty. In the second case be held that
there was presumption OF sexual in
tercOurse- and under this ruling the
jury convicted. In the third case there
was still another ruling by the Judge.
made 10 tit the facts. and q conviction.
OF course, followed. In Utah the Jury
arejudges only of the facts and must
take the law from the court.
On the appeal to the Supreme Court
of the Territory. Powers sat in review
upon himself. and by his casting vote
affirmed his own rulings.
Upon the appeal of the Supreme
Court OF the United States, Hon. George
Tieknor Curtis was retained for Mr..
Snow, and his argument to-day was de-
voted not only to a scathing review of
the proceedings in the three cases ap-
pealed, but TO a discussion of the entire
Mormon problem. Mr.. Curtis is one of
the few great constitutional LAWYERS of
the old school remaining. His literary
fund Is quite equal to his reputation as
lawyer and advocate He is the author
OF g history OF the constitution, one of
the most admirable books ever written
on that subject. His biography of
Daniel Webster is masterpiece of bio
graphical literature. HIS life of James
Buchanan is known to all Pennsylgan-
ians. His review of the last services OF
General Mcclellan, recently published.
rs having an extraordinary sale, as Il
well deserves 10 have. A venerable
man, highly intellectual in appearance.
and an easy and graceful speaker, Mr.
Curtis spoke to-day with the fire of
youth. coupled with all the impressive
ness of age A large audience hIIed the
court room which has been the scene Of
80 many great Senatorial debates and
memorable forensic displays.
DISAGREEMENT OF Mr. CURTIS.