The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-01
IN JUDICIAL CIRCLES.
The Jury in the Horse Case
Fails to Agree.
PRESIDENT SMITH SENTENCED
The Full Psnalty-A Statement-SOme
Remarks by the Judge
Must be stopped.

SGlG, Ior Inc EeCoVery Oh CnS VaIuo OF q
horse sold to plaintiff were unable to
agree after wrestling with the question
all night, and yesterday morning so
stated to the court and were discharged.
PRESIDENT SMITH GOES UP.
President William R. I5mith, of the
Davis stake, was called during
the afternoon, to receive sentence on a
plea of guilty to the charge of unlawful
cohabitation. Judge Mcbride, his at
torney, asked postponement for three
weeks, as the defendant had some
business he desired to attend to.
Mr.. Peters objected, however, and the
request was denied.
THE CoURT-Mr. Smith, what have
you to say? Do you intend to obey
the law in the future?
| ME-. MCBRIDE said he had a state
ment, written by the defendant, which
he desired the Court to listen to. II
was as follows:
| "May it please your honor, desire to
make statement. have lived nearly
sixty-two years, and for the first time
am now arraigued before court of
| justice, having been charged with
breaking tie laws of my country. l
will here state that l married three of
my wives between thirty and forty
years ago. [ married my last wife
some twenty years since, and fer
the last three or four years she
| has been an invalid, great
portion of the time confined to her
room and much of the time to her bed.
- ytSr ctor1 rirE,
| which she IS now surrounded are Likely
| to hasten her 10 an untimely grave.
| When we entered the marriage con-
tract, to our understanding there was
no law against it. They are the moth
ers of my children and the grand
mothers of my grandchildren. Our
children are our seals to the agree
ment and our grandchildren are dupli.
cate seals to the same, and conse-
quently parties in interest. If sexual
intercourse of itself constituted the
| ofense with which l am charged,
severed by the time of the indictment.
l could not admit that l am guilty.
can state that have not counseled Or
advised, in public or private, any one
| to break the laws of the land
hold that all msn are equally respoI-
sibie before the law. AND while l nave
no desire, in the least degree. to put
| myself IN a defiant position to the laws
of my cOnutry, unless | could stife
every sense Of honor and manhood,
and blot out every feeling Of humanity
| from my soul, | could not repu-
diate the contracts aforementioned
without the free consent and desire of
all parties in interest; and it is my de-
sire, so far as l may have the oppor
! tunity, to provide for the wants and
necessities of those women who are the
mothers of my children; whose gray
hairs show unmistakaDle evidence OF
to your honor, and it would free me
from punishment, that for the three
years covered ry the Indictment had
not visited either of the houses of those
women, to inquire after the wants OF
their families and provide for their
necessities. and had not visited them in
the hour of sore trial; that l had not
given them any more recognition than
though they were strangers, the verdict
of my heart would be that was entirely
destitute of moral courage, and that l
was deserving of just condemnation.
| would prefer 10 suffer punish
menU undeserved rather than escape
under those circumstances, when it was
Justly deserving. Those women have
their own homes and farms, and hold
the title to them in their own right; and
SO far as peace and good order are con-
cerned, they will compare favorably
with the same number anywhere, and |
I am grateful to state that up to the |
present not one disgraceful ACT has or
can be recorded against any one of my
families. If it please your honor,
roSnantfTi11xy aclr IN 6nfpT cen pnpo
until you have carefully considered all
the facts and conditions in the above
statements. Having full confidence III
your intelligence and high sense of
honor, equity and justice, trust that |
you will use the discretion you possess
and mete out to me the same measure
that you would desire melted out to you
if our conditions We're reversed.
Thanking you for your indulgence and
patience, have no more to say"
CoURT-How many wives have you?
Mr.. SMITH have four.
OoURT-You have lawful wife?
Mr. SMITH-Yes. sir.
CoURT-What is the reason you can
not pro mise to live with her alone in
the futureP
Mr.. SMITH-My reasons are given in
my statement.
lac COurD, IN passing sentence salO
it would not be impartial TO sentence
poor and ignorant men to the psniten-
tisry, for the full term, and be lenient
to the defendant. a President of
Stake, and a man of influence in the
church. He then sentenced Mr.. Smith
to six months and to pay fine of $500
and costs.
AS Mr.. Smith walked away, the Judge
said: II wish here to remark that in
some of the cases, gentlemen, presum-
ing on their personal friendship with
me, have app cached me, 10 influence
my Judgment in these cases. l wish to
say that I do not want any more of
such proceedings. Whatever claims
for leniency the defendants may have
should be presented in court-thaC is
The proper place for them"
In the suit of, Buckle & Son vs.. the
South Helena Mining Co., verdict in
favor of the plaintiff was given.
ADMITTED TO THE BAR
Arthur D. Elliott was admitted to
practice at the bar of the Third District
Court yesterday.