The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-23

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GUS kissing yell? Give an example
The court ruled that an example would be i'm
material
Tertiary for contempt and when the procession
passed the court house, there was a defiant
| whoop. 1 am bailin in the Third district court
! told the attorney Of this few days ago.
To the Court-The procession was composed
Of Mormon people.
JUDGE E D. HoGE.
| I recollect the occasion OF D. II. Wells being
! committed for contempt and his release. saw
the procession and noticed the nag tran IN the
dust, and also heard the yells.
| To Mr. Thurman-If there were any other
flags I don't remember in what position they
were; they may have been flying, but L did not
To the Court--The procession, as near as can
1 remember, was about three blocks long. l no
ticed no banners
JUDGE MCBRIDE.
! 7 remember the occasion OF the procession.
Judge Emerson committed Daniel H. Wells for
! contempt. The crowd seemed to have been In
| formed that the Judge was then at the court
At the time we estimated that there were be
tween lOOOD and l5,OCU in the procession. There
was motto which read in SubSta zee: 'Polyg'
amy is of God" another, we Will be faithful
| to our religion - Sutherland and myself were
| attorneys for Mr. " els 1t was in the case
the peope agai Ist J. II. Niles who was on trial
for polygamy.
I remember the instance OF the sentence of
Miles There was u caru put out saying mat
Miles was committed. D. II. Wells sat in his
barouche in the procession. There was great
enthusiasm. l saw no flags.
CLAYTON 1. HAINES.
Have resided in the territory since 1865. l was
here July T. 1885. l heard OF flags being at half
mast. Imet Captain Evans and we agreed TO
come up and see why the flags were at half
mast. We found n man at the city hall ana
asked him why the nag was half masted. We
looked for The mayor but could not ina MIN.
Sent word to him, but don't know whether he
received it, 1t was aid mat Marshal Phnllps
had placed the flag up. Major Wilkes acted as
spokesman and asked him why that was done.
The marshal said, Il cont know" Charles
Crow, who was there, said that he would like to
see z man put up the nag ana We S5irGeu out,
but found the door had been locked by police
man. All that l saw that Indicated any
harm was that Crow thrust his
hand behind him. Crow said he would see
whether the marshal wanted the crowd dis
persed Ireland then came out and said he saw
the marshal, and il was agreed to either pull
down or raise the flag in thirty minutes. no
ticed flags on the Desert NeUS, Coop, county
court house. taberna lie and other places ut half
mast. The q. 4. r. had i meeting and ap-
pointed committee and pulled the flag up. !
Sheriff Groesbeck was waited on and pulled up
the flag ut the county court house.
To Mr.. Thurman-Marshal Phillips saidit was |
a within OF his own. 1 traced il 10 no one in |
authority in the church. Heard Oft happening |
in no other town in Utah. saw no authority OF |
the church have anything 10 do with II. Did not |
trace III TO the Guy COUNCIL. AFTER haISudl 6uli |
lips left the city hall he went up TO the taber |
nace That IS think he did.
To BasEin- Heard no one but gentiles make |
objections
To Thurman was in the crowd with num- |
Der Of Mormuns.
To Mr. BasNn-There was a big crowd near
the Coop. Baskin objected to the proceedings, |
and Crow wanted to arrest him. Baskln dehed |
him. The crowd was pretty excited, and was |
mostly Mormon
To Mr. Thurman-The crowd was not mostly |
nF fn.a AsnF-F how
except Crow.
JOSEPH FoLLETT,
who was claimed to have been an eye witness of |
the murder OF Green, was then introduced by |
the attorneys for the applicant. He was very |
feeble and nearly blind. On being led TO the |
stand he testified as follows: was seventy |
five years old last June. l reside at western |
Idaho. Resided in Utah about twenty
seven years. came TO Salt Lake |
October 90 1869, in Captain Danes com
pany. There were about sixty wagons.
1 Travelled all the way from the Missouri river.
Remember Wardell, he Travelled IN the same
company with me all the way. ! worked with
him a couple of years in this valley on the
fumes. Mr.. Wardell had wife and two chill
dren with him. Remember nothing i'll partlcu-
lar that occurred while crossing Green river. l
knew no man named Green IN the company.
There was no man killed in our company. The
statement made by Wardell is entirely false. | /
never heard of such thing until last Wednes- |
day when word came TO me that l was wanted
here. There was an accident while We were
coming out. A WDulan got OUT Oh IL wagon anu |
fell under it and was killed. There was also an
old gentleman who came from England who was
sick. He grew worse and worse and finally
died These were the only ones who died on the
way. No on. was one lost from the train.
To Mr. DickSoa-I am member of the Nor
mon church.
GEORGE II. EMERY.
belong to one of the Quorums of seventies. ]
am clerk of the Sixteenth bishops ward. That
document identifying letter. was issued by
order of the bishop.
OTTO VAN oSTROM.
The document handed TO me was served on me.
The case was tried in the commissioners court
and decided in my favor.
Mr. Baslin-The object of this document is to
show the authority exercised by the eccleslasu-
cal court over temporal affairs. The document
was read and objected TO.
The COurt-It may become material in this
case before it closes if ii does close.
The Lutice was for Van Ostrom to answer. on
Nov %, TO a charge for unchriStianlike conduct
in enforcing contract made without proper |
Mr. Dickson then read the following documen-
tary evidence: Extracts from HebeT G. klmhal,
volume 6, journal of DiscOurSes." also from
volume l. pages 2O6-1. and from sermons which
appeared in the Dessret NelCS from John
Taylor in 1855; Heber c. Kimoall, 1891 Or>on
HYDE, 1851. Also the following quotation from
the NeC8; sermon by Penrose; letter
from Santaquin relating to u reception given
bishop Halliday on his release from the peni-
Tertiary: the cases against o. p Arnold, Bishop
published in he NeTS editOrially. Mr.. Young
objected TO these going in testimony as it had
nothing TODD with the case al hand This APP
pllcant had not been guilty OF the charges Tor
which these men were tried. Men VINO broke
the law of 1862 have long ago been dlsfranchlsed
and there are not now probably more than one
in fifty members Of the church who are practical
In relation to our applicant he
does mot come under this cate CORY, il he takes
an oath that he Will obey the laws.
Mr. Baslin---I claim it is not I rue that polyg-
amy is growing less
Mr. Dickson-I I ink that TIL record viii show
that there have been more convictions within
the past few wears than ever before
LeGrand Young-rhe statement male that
poygamy is as common as before Is not true. /
know that il is growing less. Many persons are
now living who can testify that in 1851 and lN52
almost every man they knew was practical DO
lygarnist. The attorney Is either blind or SO
that he cannot see that all the recent
are old ones.
Mr.. BaSkin-I think il is in nutshell when !
say that they have merely learned to play pos
SUM better.
effort TO enforce the law il previous years.
There were two views taken of the law. One
was that unlawful Capitalization meant no more
than simply living together. while the other {
made il less broad. Those who are coming III
low are many cases occurring twenty ami {
twenty-five ears ago. don't believe there is 7
me case now going on.
Mr.. BaSlIin then read the following references.
Dessert NeTS october BLISS: Nllcinj0t Sdr
vol. IS, Sermon delivered by Franklin ID. Rich {
lrds, July IA, 1853; from the uocirine and {
Covenants page no section -, heing reve- I
ation concerning the propriety of having only s
me wife and also from page i32 OF the Book OF :
Mormon for the same purpose. Extracts were
'ead from vol lS page S01, j0trBdL or DtScO%rSeS,
revelation received December, 1871. a rCvela- .
ion published in the edition OF the Doctrine and /
Covenants issued in 1874, referring To tbs build
ng of hotel in which it is stated who should S
AXE stock in the company, and other details of (
he manner OF blildIng, cyc ";IS read. {
The Court-Was the rate per day thai the =,
lotel should charge, fixed in the revelation!