The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-09-10
EYE TO EYE.
The Evans Jury Didn't
See That Way.
EVIDENCE ADDUCED.
Full Text Of Judge Berry's Charge
to the Jury.
AND HIS LITTLE TALK LATER ON.
Seven for Conviction and Five for Aequittal-
Other Perjury Cases Now On-General
News Notes.
EVIDENCE ADDUCED.
Full Text Of Judge Berry's Charge
to the Jury.
AND HIS LITTLE TALK LATER ON.
Seven for Conviction and Five for Aequittal-
Other Perjury Cases Now 0n-General
News Notes.

PCOE@C
territories-Idaho and Utah-have beer
centered upon the quaint little town o.
Nalad, situated in Oneida county, Idaho
There are not many people who are at al
acquainted with the Idaho political situa
ton who will very soon forget the politica
struggles which were held in the fair terri
tory one year ago. Oneida county was nc
exception to any otherpart of the territory
In fact, am inclined to believe that the
fight in this county was more bitter and
was attended with more ill-wi0 and un-
friendliness than in any other part of the
''Gem of the Mountains" If were to de
scribe the situation of Oneida county dur
ing the three months of September, OctO
Der ard November of the year 1888, il
would, am satisfied, occupy more of youl
valuable space than you would feel disposed
to allow me- 1t is not, however, proper tt
discuss in THE HERALD the merits and G,
merits of that political battle, which vii
be remembered by thousands of people II
the two territories. and Idaho more espec-
tally, for many years to come.
Suffice is TO say that Idaho placed upon
her statute books what is well known as
the "test oath" This section of law wa.
passed for the purpose of preventing mem
bers of the Mormon church from voting al
all elections held in the territory. Before
any man could have his name entered upo1
the registration books prior to any election
this oath compelled him to swear for afhrm)
that he Was not a member of any order
organization or association which teaches,
advises, counSels or encourages its mem
hers, devotee51o r any other person to com
init the crimes OF bigamy or polygamy, OF
any other crime defined By law, as duty
arising from membership in such, order.
organization or association; or which prac
tees bigamy or polygamy or plural mar
riage as dOctrinal rite of such aSsOcia-
ton" AS the members Of the above
named church or organization declare thai
they no longer practice these so calico
crimes, nor does the church teach, advise.
counsel or encourage its members to dc
such things, a large number OF persons laS1
October declared they did not belong to any
such an organization, and were placed upon
the registration lists. The result was they
were arrested for perjury, and the first
case was placed on trial at Malad last Tues
day morning.
We are enabled to give below the gist
and most important testimony which was
offered at the trial. Wednesday and nearly
the entire day of Thursday was taken VI
in procuring a jury. This matter was
finally accomplished at about 3 O'clock in
the afternoon, and after the examination OF
one or two witnesses, court adjourned IN
til Friday morning.
Following are the names of those who
composed the jury!
John Hurst, James Thomas,
E. f Num- John VanderToOd,
BENJAMIN Curtis, G. J, GOdSman,
W A, Bennett 0. Z. Andersen,
Eli Richards, + 5. Bailey,
W D. Evans James Willis
A. +lo o,,,r;,rr IF Dn,,yt On ETr;5oy, rno,,,
lug, Judge Berry announced that all was in
readiness to proceed with
THIS CASE OF DAVID l.. EVANS,
indicted for perjury in that he swore he
was not member Of the Mormon church
and In taking the electors oath, registering
and voting at the election held last fall
L. n. Earl.
was the first witness called. He testified
that he was the acting registrar Of Malad
precinct on the 9th day of October, 1888,
and that the defendant took the elector' 8
oath and registered before the said regis
trar on that day.
Z. H. DAVIS
was called on behalf of the prosecution He
said he was somewhat acquainted with
what is commonly known in this country
as the Mormon church. He recognized the
and Covenants.
Certain parts of the book We're asked to
be introduced in evidence.
Mr.. Rawlins, on part of the defendant,
objected to the admission of the evidence.
After considerable discussion the objection
was oYerruled.
BISHOP GEORGE STUART.
lam bishop of Malad. The excommunica-
ton paper of ID. L. Evans was in his hand
writing The paper was presented to him
on the evening of the 9th of October, 1858.
There were a number of others presented
to him on the same day. He attended d
meeting on that day. Mr.. Evans was then
member of the church. He remembered
that Judge Berry had rendered a decision.
Heneyer said anything,publicly or privately
regarding the cutting off of members. He
did not say that the MormOns would vote if
he was obliged to cut off every member in
the church with the exception of himself
and his two cOunselOrs. There were be-
tween thirty and forty resignation papers
presented to him on the 9th. There were
four others presented to him about ten
days before the 9th Witness has been
bishop about ten or twelve years He had
accepted between fifteen and twenty re
signations during that time, prior to Octo-
Der q. He could not remember more than
two-A. w. Vanderwood and one other.
The defendant was superintendent of the
Coop store on the 9th.
Cross examined - Defendants papers
we're the last presented TO him on that day.
Defendant has not affiliated as member of
the church since October q, 1888. He has
not paid any tithing. He had never held
any Office in the church. Had known de-
PENDANT about fifteen years. Defendant, 10
the knowledge of witness, had never held
any office or belonged to the seventies Did
not know that defendant held out any in
ducements TO have people vote prior to the
election. The president of the stake was
the officer above the bishop of the church.
The bishop reported to the higher authorl-
ties, in writing, twice year. The report
contained the names of those eXcommuni-
Gated. The clerk of the church now has
the book containing them.
Re direct examination - Asked as to
whether he had the tithing records of his
ward. the bishop said that he had them
with him. He closed his tithing accounts
on the last of December. The Coon. store
did not pay any tithing. D. L. Evans did
not pay any. He paid tithing two years
ago. Did not pay one cent last year. The
church owed the Coop. store between five
and six hundred dollars L. L. and c. R.
Evans, two brothers of defendant, paid
their own tithing. There was not single
man who Withdrew from the church on the
9th that has paid any tithing since. Not
one of them has been recognized as q mem
Der OF the church since that time
r. II. DAVIS
was recalled. To the best of his recoilec-
+ on Bishop Stuart overlook him on the
street one Sunday morning prior to the last