The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-23
THE BURDEN OF PROOF
Judge Berry Insists Oh an I'm
conditional Surrender. q
MORE MORMONs SENT UP.
Each Defendant Guilty Until His In
nocence is Proven Beyond
Reasonable Doubt.

Special to THE HERALD. I'm the Dis
trict Court yesterday, at Blaokfoot.
Idaho, Judge Berry had chance to
show his hand in regard to the manner
in which he intended to deal with those
who had recently been found guilty Of
unlawful cohabitation. Nobody ex-
pected that he would show any leniency
to a man whether he had come into
court and pleaded guilty, thus saving
the government the expense of trial,
or whether he pleaded not guilty, had
trial, and thus caused the government
all the expense possible. From the
first handling of these cases, he has
shown disposition to be very severe,
more severe, in fact, than the late
Judge Hays, and that seems to be
hardly possible. For unlawfu, cohab-
itation, the following parties received
their sentence yesterday:
Jacobson, four months and $500
fine; Joshua HAWKS, four months and
500; - Buckley, four months, and
Jonathan Smith, four months and $500.
In every instance he felt it his duty to
ask each person as 10 whether he
INTENDED TO OBEY THE LAW
in the future. One or two replied that
they had been obeying the law as they
understood it. But this did rot satisfy
the great new judge. BE wanted no
evasion to his question; he wanted no
seeming obeyance, but realty; he
wanted, in fact, each person to promise
an unconditional surrender of the
principle of polygamy, and upon failure
TO do this, sentence was passed in
every instance with the above result.
AS an example of tie jurisprudence
of this new appointee OF the present
President of the United States, the
following case. tried before him yester-
day, will serve as an example TO show
how the law may be expected to be ad
ministered in the Territory of Idaho
in the future. A man. well respected
by the name of Bishop Dalrym pie, from
| Preston, Bear Lake County, had trial
that ought to be taken as a sample
of that which may be expected TO fol
! low. The prosecution failed to establish
clear case against him, and the Judge
instructed the jury that this. and all
other similar cases, had q peculiar bear
! ing, and that where all precedents OF
law favored the presumption of the in
nocence of the defendant, must lie ig-
nored here in cases of this kird; that,
in fact, when man
HAD ONCE BEEN A PoLYGAMIsT,
and had borne the relationship for q
time, no matter how remote it was in
the past, the burden of proof was OF the
defendant-that he must show that he
was innocent. In the view of every
sensible man such ruling is mani :
testify an error, not only in Law but in
common sense. The judge, in his in
structions to the jury in the case in
question, must, on a moments refec-
ton, come to the conclusion that he is
mistaken in regard to the meaning of
common sense, or the rights that be-
long to white man like himself. Any
judge that will rule that a man is guilty
because he cannot prove his innocence
Is not man who should be allowed to
have the dispensing of justice in any
community whatever. Such a thing
was never known even in the State of
Minnesota, from which the learned
judge halls.
But the tale is not yet finished. In
the impaneliug of the jury III the Dali
rymple case there came to the front q
man named T. J. Brandon, who was a
witness in the madamus case O, late
notoriety, and who testified. earnestly
and vigorously, that he heard the doc
trine of polygamy preached in Center
vile within the past year-he was q
strong witness for the anti Mormon
cliQue-was challenged for cause by
the attorneys of Bishop Darymple, and
upon the question being asked as to
whether he had ever been convicted of q
felony he hung his head in shame and
said he had. And it is fact that this
man has been serving in Blackfoot and
elsewhere as a juror and witness, and
has, by his actions, claimed to be q
voter and elector in Idaho Territory,
the test oath thrown in. NotWiGhstand-
ing this fact, this man has been mem
Der Of the United States tiial jury. He
has registered in Rexburg as elector
OF the county. This man is al large
FLAUNTING HIS INFAMY
as witness, and whose testimony was
thought OF so much value that the
lsarie1 Judge almost based his decis-
ion on it in the late mandamus case.
This fellow has sat upon nearly every
jury that has convicted man for IN
lawf1I cohsbiraJion in idaho for the
last week or two, and it goes without
saying that in every cese where
conviction has been had the
whole proceeding have baen, and Will 10
the future prove to be Illegal, inasmu CD
as one man out OF the twelve had no
right to sit upon the jury. Tke judge,
of course, is not to blame for such an
outrage; but som ebody will be to blame
If this man is not brought to justice.
The law as it is now being admins
tered in Rlsckfoot, By the great new 81,
pointee of Grover Cleveland, nav be ail
right; but there are men who have
heard that President Cleveland is & law
yer, aud that Attorney Garland
is another, and when all the facts ars
brought to bear in the cases above cited.
and more to hear from, there msy be a
pulling of horns. not only on the part of
Judge Berry, but of others who think
they know it all.