The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-17
A Verdict of Guilty in the
Jenkins Case.
THE OPEN vENIRE INCREASED.
william 81. Tovey Row on Trial
Other Business Before Judge
Zane Yesterday.

Luo CIlmiudl DuSlucSo VI IEt apili t6IL
having commenced. The members OF
the regular panel and those who had
been summoned on the open
venire to act as petit jurors
made quite a formidable showing,
and, in conjunction with the witnesse
in attendance and few spectators,
monopolized the greater portion of the
court room. The open venire had
pulled men in from
TooELE, SALT LAKE AND SUMMIT
Counties, and when all but two or three
of those subpenaed TO be present had
been called and given seats before the
par, their examinations commenced.
JoHE G. SHARP declined to take the
oath, and in response to the queries OF
the Judge, said no, he did not take it at
the time he registered to vote, because
he did not register. Excused.
WILLIAM GOLIATH had no scruples
against swallowing il, and he did so.
W. F. Moss could not burden his
conscience with it, and stepped lightly
away.
FRANK CLINTON signed the document.
]. BRACKET, and w. VanderhoOt
followed suit.
w. HUDSON, JR., entered q Sigh
demurrer; he did not think he hardly
understood the matter.
THE JUDGE-You took the oath whsn
you registered to vote?
Housewives.
THE JUDeE-WelI, you understood
that you then swore that you would
not go into polygamy, didn't you?
The Judge then explained that the
oath Just read was the same as that
used by the registrars. No man had q
right to take the oath in
ORDER TO VOTE,
and then refuse when drawn to serve
as Juror. After few seconds reGec-
ton, Mr.. Hudson concluded to take
the osth.
Jethro Rydalch took the pen without
hesitation.
Hiram Booth did no. understand
when he took the oath to vote that he
promised to obey the law against polyg-
amy as long as it was in existence.
THE jUDGE-Then you got your vote
in unlawfulIy. The oath you took then
and the one you take now forbids your
entering into polygamy at any tins in
the future, CO .trary TO the law of the
United Stairs You had no right to
take tae oath If you did not intend to
keep it. OF course, you could not do
it while taking the oath. When you
take an cath it means something.
A. KEssLER did Dot understand the
oath raleted TO the future, and was e1-
cused.
H. r. SPENCER was in the same fix.
Re did not understand that he had
sworn never to
ENTER INTO PoLYGAMY,
but had sworn that he did not intend to
do it. Excused.
J. E. PANCAKE, w. Jami'on, Neal
John Wood, William Mulloy
ann Edward Pickering tell into line.
@. o. FARNswoRTH could take the
oath, but preferred not to serve He
wes engaged in business he could not
leave very well, and asked TO be ex-
cused. the Judge was obdurste, how
ever.
II. n. GREENE pl wed lucky. He was
in such condition that he could
not leave it without serious detriment
and financial loss. and skipped lightly
away with a smile such as he never
smole before.
EDWARD SWAN, John Dunfrey, and L
Cottreli were accepted, snd A. Eatchell
excused because of ill-health
This exhausted all who had re-
sponded TO the call of the clerk, and as
they stepped aside, the Judge called the
case of the
UNITED STATES vs. WILLIAM JENKINS.
Murray Shepherd, William Goliath,
Frank Clinton, J. Bracket, w. Wander
hoof, w. F. Hudson, Jethro Rydalch,
J. d. Pancake, Neal Mcmillan,
John Wood, William Mulloy and Ed
ward Pickering, were called to the box.
Hudson and Rydalch were excused be-
cause of their belief that the practice of
polygamy would be all right if there
we're no law against it, and g. o. Farms
worth and Edward Swan filed the va
cant chairs, the former, however, pro-
testing that he did not think he could
give the case the attention it deserved,
because of the pressure of business.
The indie ment, charging the defend
ant with living with Nellie Jenkins and
Ellen Naylor between the LIST of Febru-
ary, 1887, and the 1st of February, 1888,
was then read. The defendant had
previously entered plea of not guilty,
and
THE PROSECUTION OPENED
by calling Mary Ellen Doty. She tss-
tifed-Defendant is my father; he has
lived at my mothers housesince Febru-
airy, 1887; know Ellen Naylor; she had
been fathers second wife; he married
her about eighteen years ago; her
Youngest child is about three years
old she has been known by the name
of jenkins; her children bear his name /;
Ellen lives in separate house from my
mother, but it is in the same enclosure |;
l have not lived home with my mother
for three years past; father and the
bows support Ellen; do not know
whether father visits her or not; during
the month of January, 1887, and the fall
of 1886, father " as in the canyon, be-
lieye, most of his time; he would come
home occasionally.
To Mr.. YoUNe-There is fence
between the houses; gate leads from
one house to the other.
MARY DoTY-Defendant is my uncle
know Ellen jenkins; the two houses
are quite distance apart: her children
contribute to her support: saw the de-
ok &c