The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-09
1t is Now at its Work of Inves.
LEGATION.
THE CRIMINAL CALENDAR.
Law and Motion Mattes-H Il. Tberup Gets
the Usual Dose-A Big Grist of
Legal Business.

James Lawrence Park City.
i. f. Dolberg, Park City,
Daniel Hutchinson, Park City.
Cornelius Hunt, Park City.
Brig Shurtliff, Park City
William Glasmann, Lake Point.
j. O. Conklin, Salt Lake city.
j. w. Neff, Salt Lake city.
c. B. Aldrich, Salt Lake city.
John Reese, Salt Lake CITY,
j. j. Swell, Salt Lake city.
Henry Seigle, Salt Lake city.
G. h. Collins, Alta.
J. Il. Gushing, Sandy.
Rlley Graves, Sandy.
j. w. Cahoon, Murray.
Andrew 2. Mayberry, Bingham.
James Spaulding, Stockton
All OF those summoned on the venlr
were present, except Messrs. Seigle ant
Spaulding, and Mr.. Critchlow proceeded 4
examine the others.
j. j. Smell, j. r. Gushing, John Rees,
and j. w Cahoon, stated that they had be
longed to the Mormon church, but severed
Their connectaon!with it some years ago.
Z. Is. Aldrich was excused because hs
had not resided here the requisite length OF
time
John Reese stated that he could not con
scientiously take the oath and was excused
Clerk Mcmillan then read the oath
which was subscribed to by the remaining
hfteen. After this had been done, United
States Attorney Varian arose and said:
There is reason why one Of the gentle
men on this panel should not sit as grand
juror. That gentleman is MIR. Glasmann.
dent think it proper to state my reasons
at this time, but l think he should be ex-
cusedn
The court-Mr. Glasmann, you are ex-
cused
Judge Zane then appointed ]. c. Conklin
as foreman, and he and the others were
sworn, after which they were excused until
2 p. m. SC that another juror might be Sc
cured. Upon reassembling in the after
noon, Henry Seigle was accepted as a
grand juror and sworn in. The ury as com
pleted is as follows:
j. c. Conklin, Frank Richardson, Robert
kimball, james Lawrence, c. F. Dolberg.
Dan Hutchinson, Cornelius Hunt, Brig
Shurtliff, j. w. Neff, j. J. Smell, G. H.
Collins, j. R. Gushing, Riley Graves, J.
w. Cahoon, Henry Seigle
Judge Zane then delivered his charge,
which was substantially as follows:
Gentlemen, the law makes it your duty
as grand jurors to investigate all charges
OF crime committed within this judicial dis
trlct. These crimes are defined In the acts
OF Congress and territorial statutes The
your attention are polygamy, unlawful CO.
haoltation, adultery and fornicat1on, and
crimes committed against the mail service.
THESE are defined in the laws of the United
States. 1t seems that these crimes are
committed more frequently in this territory
than elsewhere. Some of them are prac-
ticed with secrecy, and is therefore difficult
to ferret them out. The fact that large
portion of people here think it is right for
a man to practice polygamy should have no
weight with you. The government of the
United States has seen fit to declare that a
man who has wife living and marries an.
other wife is guilty Of polygamy, and you
have no discretion. These laws are enacted
for the protection of society. The institu-
ton OF marriage is one upon which the
welfare of the land depends as much per
haps, as upon any other. You are to use
vleilence and care in all of your investiga-
tons. There have been some complaints
that influential, wealthy and intelligent
Zen who practice these crimes in this fer
ritory are not prosecuted, while the poor.
weak and ignorant who follow the dictates
OF their leaders are punished. l want YOU
TO leave no room for such charge 1t is
your duty to prosecute all who violate the
law, no matter who they may be. 1t will
be your duty to carefully investigate all
crimes that they may be punished. In this
way society is protected, and life, liberty
and happiness secured. In your inyestiea-
tions you should be governed only by p
desire to reach the truth and not by
hatred, i'll viii, malice. prejudice or passion.
Neither should you leave any man min
dicted through fear, favor or hope of re-
ward. You should discharge your duties
fearlessiy, and let the consequences
take care of themselves. You should
act only upon legal evidence and
upon evidence brought before you, you
must not consult with any man whose con
duct you may called upon to investigate.
and If any man approaches you upon anv
case under consideration, you should report
1t to this court that the criminal wretch
who would attempt to pollute the fountain
head OF justice may be dealt with | say
this because it has been intimate6 that this
has been done. You should keep secret
anything you may do in the grand iuav
room Ifyou fail IN this you will Law your.
selves liable to be punished. Tho law
makes this an indictable offense. The
prosecuting attorney will be with you from
time 10 time, and conduct examinations.
and il you al any time wish to obtain ad
vice you may consult the court
The grand jury then retired in charge of
Saiiiff Parsons.
TIRE USUAL DOSE
II. f. Thorup. of the Twentieth ward
who WIS convicted at the last term of
court of unlawful cohabitation, appeared
for sentence, and the following colloouy
took place:
Judge Zane You are aware that von
were convicted of unlawful cohabitation al
the last term of court How many wives
have you!
The Defendant-Two.
The Court-When did you marry thems
The Defendant married the first ten
years ago and the last eight years ago.
The Court Well, then, what do Won prn-
pose to do in the futures Are you going 20
obey the law!
The Defendant don't know that can
do any more than have done. have tried
- obey the law.
The Court-Well, are you going to obey
the lawa You can keep from committing
this offense as easily as any other.
The Defendant have tried to.
The Court don't care what you have
tried to do. Are you going to obey the law
in the futurel This is the question.
MIR. Moyie-1f the court will permit me |
will say that at the trial it was shown
pretty clearly that the defendant had NOT |
lived with his second wife during the
period covered by the Indictment. The
officers testified that they found baby at |
Inc second wlfe's house, but she testified |
that it was the first wife's child.
The Court simply ask YOU if Won will |
obey the law and not practice this offense2 |
The Defendant have tried to obey the |
law. cannot answer any better than | |
have done
the Court-Are you going to obey the
law?
The Defendant cannot saw.
The Court-Very well What property
have yous
The observation-disclosures
an