The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-14
DISTRICT COURTS.
Interesting Proceedings in
the Bishop Sheets Case.
HE JUDGE AND PROSECUTOR.
The Usual Daily budget From the
First District Courts at Provo
and Ogden.

Before Judge Sanford yesterday the
following business was transacted:
The United States Marshal's fees were
presented 10 the court.
Joseph Gee was admitted to citizen
ship.
James Wrathail vs.. Hugh S. Gowans,
administra or; default entered; decree.
Benjamin L. Cutler vs.. Charles B.
Lunaen; death OF plaintiff suggested;
Annie l.. Cutler. ;ministratrIx, sub
stituted.
Emma Jones VS.. Thomas Jones; de-
fault; decree of divorce on the ground
OF drunkenness.
Agnes Paddles vs.. David Paddles ap-
piication for divorce on ground of de-
sertion; postponed for further testi-
mony.
Schambals vs.. Schambals in divorce;
plaintiff allowed to amend complaint.
THE SHEETS CASE.
Bishop Elijah F. Sheets was arraigned
for sentence. Three of the indictments
were dismissed.
Mr.. Richards drew the attention of
the court to the fact that Bishop Sheets
conviction, and he had surrendered to
the officers He also stated that he
had married his second wife IN 1861,
before there was any law against polyg-
amy.
Mr.. Peters said that the indictment
was found two years ago-Septemoer
20, 1885. The defendant, it was true,
had surrendered himself, but for the
two years subsequent to the finding of
the Indictment the officers bad been
put to great trouble and expense and
had been unsuccessful IN finding him.
His youngest child was now years old.
Mr.. Peters said he did not know
whether the bishop had taken any
other wife since 1861 or not, but" said
ha, "he is man OF prominence in the
church, a counselor to the presiding
bishop"
Mr.. RIcHARDs-To. sir, you are mis-
taken; he is not counselor to the Pre-
siding Bishop.
MR. PETERs-Well, he is a Bishop
anyway.
CoURT-The court will not take into
consideration the fact that he is mem
Der of any church. Do you think
ought to?
Mr.. PETERs-Yes, do think so. He
is a memb of the Mormon Church
CoURT-Is it an otfense against the
law to be q member of the Mormon
church,
Mr.. PETERs-Yes, sir; to be a mem
Der of a church that teaches and en-
courages violations of the law.
Mr.. RIoHARDs-He is not here &C
. -
but of unlawful cohabitation.
CoURT-Can the Court 60 behind the
record and punish a man for that of
which he has not been convicted? II
so, 1 desire some instruction on that
point.
Mr.. RICHARDs-I assume that the
Court is bound by the record.
COURT supposed so, too, till the
counsel for government suggested that |
he might be punished for something
else.
Mr.. PKTERs-If a man is convicted of |
larceny the court may consider the cir |
cumstances-
CoURT-Larceny is crime, but mem
bership in church is not.
Mr.. PETERS Ihe court may consider |
8 mans character.
CoURT-Yes, that is true. But 1 don't !
propose to punish man because he is
a member of any church. l have moth
ing to do with the leanings to any re-
ligIon. l may become better advised |
later, but now l am convinced that | |
should punish only for the offense
committed, and not for the religious
lDclin ,tions OF any man.
To Bishop Sheets the court said-'I
would not send you to the Penitentiary
if was satisfied that you would not re-
peat the offense. That is matter for |
you to decide" AS the prisoner made |
no response. the court imposed a SEN
teDce of 80 days Imprisonment and a
foe of $3.50 and the costs of the rose
cution.