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.
Yearfau.

Those who have observed the unusual
activity of Mr.. w. III. Yearian during the
past week and remembered that the l..
and l.. case was TO come up before Judge
Speirs to-day, were beginning to think
that something was being worked up in
which that gentleman had material
interest. Such proved to be the case
to-day, when Deputy Greenman served
writ on Judge speirs prohibiting him
from proceeding further with Mr.. Yea
RAMS case, and commanding him to
appear and show cause before the STU
preme Court. The writ was issued last
Saturday in response to a 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 Boreman 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 a 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 polygamy 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 CouRr OF THE TERRIroRY
OF UTAH,
The People of the Territory of Utah on the
application of VIM. Ii. 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
| Tprritorv of I1tnh.
Whereas, William H. Yearian, of Sail
Lake City, Salt Lake county, in said Terri
tory of Utah, in the Supreme Court of said
Territory, to-wit: on the 10th day of Janu.
ary, 1886, 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
ing the premises, yet contriving as it is sale
to the said William H. Yearian unjustly to
aggrieve and Cypress, have done the acts nnt
things alleged in said petition, in contemp,
of us and against the terms and customs Of
our said Territory, and of the United States
and to the manifest damage, prejudice an6
grievance of him, the said William H. Year.
ian. Wherefore, the said William H. Year
ian has prayed relief and our writ of pro
hibition in that behalf.
We therefore being willing that the terms
and customs of our said Territory and o.
the United States should be observed, ant
that our citizens should in no wise be OPP
pressed, do command that you desist ant
refrain from any further proceedings in tina
certain action or proceeding entitled 9Th.
People of the Territory of Utah vs. W. II
Yearian," under complaint dated Decem
Der 4, 1886, and filed in your said Justice,
Court. until the further order of thi
court and that you show cause, j
any you have, before our said court OF
Friday, the I'D day of January, 1886, at tn,
Federal Court House, in Salt Lake City
Utah Territory, in the court room thereof
why you should not be absolutely restrainet
and prohibited from any further proceeding
in such action or matter, and have you ther
/ and there this writ
Witness the signature of the Hon. Jacot
Foreman, Associate Justice of our said Su
preme Court, this 10th day of January, A. ID
1886. JACOB S. FOREMAN,
Associate Justice of the Supreme Court o
Utah Territory.
Attest my hand and the seal of said court
| u, II, SPRAGUE, Clerk