Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-23
|PHNROSE IN THE PEN.
The Editor of the aDeseret
News" Jailed for Con-
tempt of Court. %
he Will Stay in Confinement
Until He Loosens His
Tongue. "a

aG,
From Thursdays Daily. ,..-
SALT LAKE CRY, Nov. 20.-lSpecial to
FHE MINER. 1.-The courtroom was crowded
this morning with spectators. many ladies
being in attendance. '1'
Charles W. Penrose, the editor OF the
Deseret News, who had been given time over
! nght to consider whether he would answer
the question How many wives have youP''
was put on the witness stand. and again
positively refused to answer the question.
One OF the Mormon attorneys then ad.
dressed the court, stating that Penrose
n'eant no contempt for the court, and
would make an oath later in the day to
that effect. =
Judge Anderson said that such state.
ment under oath would be received by the
court and would be given such considera-
ton as it deserved. He said, however, that
the question asked was q proper one and
that the counsel had perfect right to in
81 on an answer.
The witness was then adiudged in con-
tempt OF court, and an order made that he
be confined in the Utah peniteniiary until
he was willing to purge himself OF the con.
tempt.
Penrose was at once taken in custody by
the United States marshal. e.'- d"
Mr.. Dickson then asked that the whole
case be continued until Penrose was READY
to be cross examined.
The Mormon attorneys objected to an
indefinite continuance, claiming tn re was
no reason why John Moore, the applicant
for admission to citizenship. should be
compelled to wait for naturalization
Until one OF the witnesses made up his mind
to answer. p. = -'EE
Judge Anderson retorted by saying that
Penrose had been leader OF the Mormon
c .urch for many years: that as President
Cleveland had granted him amnesty Tor all
offences prior to last year, all consequences
OF his guilt were wiped out; that the wit
ness was asked whether no refused to
answer the questions on the ground that
it would to criminate him and he re-
Piled. no. .,. .tE
The court then STATED that the question
was asked in order to show, if possible.
what the conduct OF the witness had been
! years in regard to the observance OF
United States law against polygamv and II
it could be shown that his proteststions OF
10y atty and his statement that he believed
in obeying all the laws OF the kind that
wers not in harmony with his practices, 1t
might materially effect his creditability as
a witness. The whole proceedings" said
the Judge, $50 far as this witness is con-
cerned, has all the app -arance OF having
been designed for the purpose OF getting di.
rect testimony presented and then by some
refractory proceeding on his part to pre-
vent cross.examination. On direct ex-
animation the witness was anxious and
W lllipg to testify, but now at the very
threshold OF cross-examination he at
tempts to put stumbling block in the
way OF legal procedure and to himself de-
ciie what questions shall or shall not be
put to him."
Mr.. Baskin opposed the suggestion OF the
Mormon counsel that the taking OF testi-
mony should be proceeded with. He
argued that in many poly gamy cases in
this territory witnesses had defied the au.
thority OF the court and refused to testify
and had gone to the penitentiary. In all
these cases the accused had urged the in
Justice of holding their trial in allegiance
awaiting the pleasure Of the recalcitrant
witness, and the court was compelled to
grant them a speedy trial. After such o
trial the case. being concluded, 1t was i'm.
possible for the recalcitrant witness to
purge himself, and the court was compelled
to release him from Incarceration. Mr..
Baskin argued that this was the object
Penrose had in view. This case OF Moore's
ould be concluded in a day or two, and
then Penrose would demand release from
tile penitentiary on the ground that
the case was decided and his testimony
would be OF no avail. II was q cheap
method OF securing martyrdom and an
easy way OF escap ng rigid cross-examina'
ton. Mr.. BsskiH argued that Moore did
not stand in the position OF criminal de-
maudipg trial. 1t could do no harm to
compel him to wait for admission to citi-
zenship until this witness answered, especi-
ally as the granting OF citizenship papers
as matter of grace, and not q matter OF
right.
The court then adjourned until to.mor-
row morning, when q decision will be rem
dered as to whether the case shall be con-
tinued.
There is q rumor prevalent that Pen
rose, fearing long term OF imprisonment,
will conclude after his nights soiourn in
the penitentiary to answer the question
tomorrow.
Ckok Auf