The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-06
THE MALAD CASES.

Our Malad 0daho) correspondent. in this
issue of The HERALD, tells the final story
of the conspiracy and periuy cases which
have been pending so long and been the
occasion OF so much annoyance, trouble
and exposure. These cases grew out of the
exciting election contest of 1885, There were
some men who did not believe in the valid
ity of the test oath law denying the suf-
frage to members of the Mormon church.
and these concluded TO vote in defiance of
the law; but they were prevented by the
registration officers who declined to list
them unless they would swear that they
did not belong to the church. Some of
these thereupon made up their minds to
sever their connection with the church.
and this they did in the only way open to
them-by giving written or public notice to
the church officials of their withdrawal.
In most instances the Withdrawals were
acknowledged in writing by the bishops
and the names stricken from the books.
Having done this, half hundred or more
ex Mormons demanded registration, and
subscribing the test oath in which they
swore they We're not members of the
church, their names were regularly listed.
The election coming on some voted, but
others did not. However. all were indicted
by the grand jury specially selected for
the purpose, some for conspiracy, others
for perjury and some for both offenses.
The district attorney and the grand Jury
held that the severance from the church
was not sincere and genuine, hence the &C
cused committed perjury when they swore
that they were not Mormons. 1t will be
remembered that the accused, among whom
are many of the best men of the county,
were brought to trial last year, when the
jury disagreed as to all save one of the de-
PENDANTS, SAMUEL G.. DAVIS, who was found
guilty and was sentenced to fine and i'm
prisonment. The case was Immediately
taken to the supreme court of the United
States on writ of habeas corpus, and a
few weeks ago the court decided that DAVIS
was legally convicted the test oath law not
being valid. The others were brought up
for trial at the June term Of the district
court Our correspondent tells what was
done. The defendants did not regard it
that they had violated the law, and they
plSducQ MOI guilty.. linen an effort was
made to obtain jury, and it being appar
ent that the trial could not proceed, the
fifty three defendants being required to
appear again and again, as the terms of the
court came along, "a consultation was held.
and the prosecutor agreeing to accept for
the county, $1,000 or SIS from each of the
accused: the latter entered a technical
plea of guilty; the fines were imposed, and
the defendants discharged Thus ends a
case which has acquired a good deal of
notoriety, and been commented upon quite
generally by lawyers and the press. I'm
the circumstances, the defendants doubt
less pursued the wisest course, escaping by
the expenditure of the least money posi-
BILE and the avoidance of further ANNOYANCE
and trouble. A trial and conviction would
have been attended by considerable ex
pense and been followed, undoubtedly, by
imprisonment. The accused were, in a
sense, at the mercy of their enemies, the
law, the couts and the officials all
being against them That the prosecutor
and the judge showed mercy, is due to the
fact that the defendants accepted the situa-
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