The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-11-06
THE IDAHO RACKET.
Judge Berry Acquit, All the
MOrmOnS.
A SURPRISE TO THE DEMOCRATS
The Republicans Are kening-
United states Marshals to Watch
the Polls-The Hutchison Case.

PoCATELLo, Idaho, November s.
Special to The HERALD. -Four more
men were brought in from Rexburg and
vicinity Saturday night. They would
not give bail 50 went to Jail. The case
of Bertram Helm was chosen as a test
for the number of cases of the same
general character, and it was taken up
this morning. The stipulation agreed
to the fact that he had been a member
of the Church up to October Goth he
had registered Oct ober 9th. taking the
electors oath. The prosecution rested
solely on this and the fact that the
Doctrine and Covenants taught
polygamy. The defense proved
that Helm had lefI the Church
week before he registered. The cross
examination went into the rithlng he
paid, tine number of times he went to
church and how long SINCE he quit 60
ing to church. He said be left the
church of his own accord, because he
wanted to help elect Delegate to Con-
gress. George Amslle. who appeared
for the defense, obi :cted roundlv to the
questions, but was oyerruled by Shoe.
macher as otter as Blue Grass" Smith
directed him. Helm was bound over in
$500 bail, which was not given. A writ
of hG6eGS corpus was issued, and the case
came up before Judge Berry about
3 o'clock, the arguments continuing till
$40. when the matter was taken under
advisement.
The court contended that the ques-
ton as to whether the defendant left
the church in good faith was material.
It was not in good faith; it was q case
of fraud, and no severance whatever.
Amslie insisted that the man sWore
he had left the church and it was no
mans business whether he left 1t in good
faith or not: it was no concern of
the court. The only testimony was
that of the defendant who said he had
left the church and he was presumed
to speak in truth until it was shown 10
the contrary.
A lively discussion ens1ed between
the court and Amsiie on the subject,
and the judges face grew as red as
spanked baby. He took the matter IN
der advisement uuul I 80, and then
discharged Helm.
This probably settles all the cases of
GhC 4nOl A1Oho 1Ol gave
two, who are charged with not
being citizens. The decision has been
delayed so lopg that it will hardly get
ont in time to give all notice, AMI the
Democrats claim the delays were inter
posed for this purpose.
County At orney Bennett, who is on
drunk, has been offering all along to
let the prisoners go and dismiss the
charges If they would promise not TO
vote.
The Republicans have shown weak
ness the last three days, but the presence
of Joe Pinkham, Dubois valet, aud
Blue Grass" Smith makes the Demo
Gratis suspicious.
The decision was a surprise to the
Democrats. What effect it will have on
the Dem2c-ats fer the Republicans to
have deputy sheriff at every polling
place to arrest MormUas for attempting
to vote, is not known, but deputy
United States f1arshals VIII be stationed
at every precinct aud arrest all persons,
deputy sheriff and others, who at
tempt to interfere with the voting Of
citizans. Its now probable that ali the
Mormons will vote, the decision OF
Berry supporting them,
Waldron, one of those brought down
from Rexourg on Friday night and
Jailed till Saturday, was discharged to-
day, being tod they had discovered he
was not the man they wanted. He will
bring suit for S. 600 for false impris
onment.
The hearing Of John Hutchinson for
killing his brother on Saturday
night is in progress. He is
sure to he discharged. the sheriff, and
all his deputies, and even the jail"r,
were out hunting for the Mormons when
had to hunt up the deputy taller and
ask to be locked up. This is how they
do it in Bingham County.
HaMleY will not be elected.