Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1889-12-16
THE MANDAMUS CASES,
Clute Cenfesses DISCRIMINATING
Norris Case in Progress.


place on the list. The two officers
involved are ]. r. Morris and Z. b.
Clute. The Morris case was called
first but on its being stated that
Clute had registered the complain
ant his case was first taken up. Mr..
Rawlins appeared for the complain.
ant and Messrs. Mcbride, Hoge and
Merritt for the registrars.
THE CLUTE CASE.
l.. II. Clute testified-I am regis
tration officer for the Second Munich
pal Ward; registered VIM. J. Bach
man ou Thursday and Friday last,
on the street; he had applied twice
before then, in the street and in
front Of my house: had my :egis-
tration book with tic on those two
occasions, and refused TO register
him till l reached his house; he did
not say he could not come from his
work; he was not home when
called; it was the third time that
he applied when l registered him.
To Judge McBride-The first time
he came there were five others;
these had been registered; he had
not and l declined 70 register
him till l had been 10 his
house; the next morning was
the second time he came, and /
refused on the same ground as in
the first instance; when l knew a
man | would register him on the
street, but 1 did not register those
whose residence did not know. |
completed the house TO house can
vass on Saturday night; l have
been Instructed to note the residence
Of persons registered.
To Mr.. Rawlins-I knew VIM. J.
Bachman's brother; registered him
before / visited his thouse, l have
registered some or the street and be-
fore visiting their residences, but
not many; have registered a good
many in hotels and saloons, because
it was their residence or place of
business; sometimes | registered
men after ] learned where tkey
lived, and sometimes | told them
they would have to wait till after
December 25rd: registered those
whom I knew, and those whom /
did not know ! ref;ised to register; |
refused to take evidence, or to adj
minister the oath where | did not
personally know the party; was in
structed that / need not register on
the street or at my house unless |
wished to; | registered VIM. J. Bach
man as a favor &c him.
To hir. Rawlins Il possibly
have taken the oath of persOns re-
siding in the Third Municipal
Ward, and handed the name 10 the
registrar Of that precinct.
Judge Mcbride objected 10 this
line Of questioning, and the witness
was excused.
The instructions Of the Utah
Commission relative TO obtaining
the residence Of each one registered
were offered in evidence.
This closed the testimony in the
case against +. r, Clute, and it was
agreed that the arguments be re-
served, and be made in both cases at
the same time.
THE NORRIS CASE.
In the case OF Henry CumberIa nd
rs. J. II. Morris, registrar for the
third precinct. Henry Cumberland
testified that he lived in the third
precinct; have lived in that pre-
cine: - year.; am 4 married man;
- years ago / married a second
wife; | have only had one wife for
the past IL years: have never been
convicted Of any olfense; married
my present wife in December, 1852.
Judge Mcbride objected TO. the
evidence because II was not given
10 the officer.
Mr.. Rawlins said that rs a hasis
FOR mandamus, the plaintiff hal TO
show his right to lie registered.
The court ruled that the evidence
was proper.
Witness Cumberland, continuing,
in reply to Mr.. Rawlins-I am a
naturalized citizen; here are my
papers.
These were offerci In evidence,
which were objected TO by Col.
Merritt, because the certificate did
not show who the witnesses were.
The naturalization papers also have
the certificate of Clerk II. G.. Nc
MILAN that they We're issued 10y the
Third District Court May 10, 1865.
The court admitted the papers as
evidence,
Witness, cOntinuiDg-J. II. Nor
ris, the registrar, came to my h use;
/ am in my 10th year; when Morris
came 10 my residence my wife
called me into the house; he
asked me if / wanted TO register;
| said / did; he asked me II
/ had been registered and !
said no; he asked for my papers,
and when he saw them he said he
had special Orders not to register
any one who received papers when
Patrick Lynch was clerk; he re
fused TO register me; l afterwards
called on him, and he again refused;
| called n second time and for the
third time he refused 10 register me.
To McBride-When Norris came
to my house / did the talking; my
wife may have said something; !
told the registrar ! had been in
pOlygamy; my wife said had had
three wives, but l had but one
now; he did not refuse on that
ground, but because of my papers;
went to the Peoples committee
headquarters, and got advice there;
they got Mr.. MCMillan's endorse
ment, and il was on my papers when
I presented them to Morris on the
second occasion; 1 did not hear my
wife say she was n pOlygamous wife;
she was, hut I have married her
legally since then; | got my papers
before | was n polygamist: / did not
explain these things to the registrar
because he asked me nothing about
It; he told me his only objection to
me was because Patrick Lynch had
signed my papers; | got my certifi-
cate Of naturalization in court; Mr..
Moss and Mr.. Bouk were my wit
nesses; both are dead; Judge Titus
was the Judge.
The record OF the court of We'd
nesday, May 10, 1865, showing the
admission OF Mr. Cumberland 10
citizenship, was offered in evidence.
Judge Mcbride objected to it rs
not good evidence. 1t was accepted
by the court.
Mrs. Martha Perkins testified-I
was nj Mr.. Cumberland's house
when Registrar Morris called; he
said he would not register Mr.. Cum
berland because the latter's papers
were signed by Patrick Lynch; he
said he had orders not to register
who had those papers.
To McBriie-Heard Morris say
that Cumberland had been in
l did not hear all of the
The portion Of the city ordinances
70 afa.Hs.,.l ,,-,a ,sa....a -