The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-05-05

party believes that it is right to commit it.
WINE tLere must always be a criminal mind,
IN order to constitute an offense. that criminal
mind is sufficient when the intention of the
party 10 commit the particular act that the
s ,D says Is q crime, has come about; and
mat tue party may believe that he is acting
rlgnt 10 commit crime, or do an act that he
statute says is unlawful is no defense whatever,
anu lhat apples to the offense of polygamy I'M
lawful cohabitation adultery and fornication
just as 1t does to the offense of larceny arson
or murder or any other offenSe and it should
pc observed in your inquiries in that class OF
onehses. Inc statutes as they now exist Gre
ate Jour classes of these crimes, and all
crimes 10 TINS territory barred by the statute
OF limitations in three years so that proceed
lngs nave TO be taken for their prosecution
"ltnln three years after the crime has been
committed. So, in the investigation of any
crime, Ii you should find that the crime has
Deen committed before-that is that il has
D , committed more than three years before
.lle lnYesugauon IS had before you, or If it is a
case that comes from magistrate, before the
proceedings are commenced in the magistrate S
couft-lhen you must dismiss the case, because
IL IS barred by the statute of limitations unless
it Is the crime of murder. which is a crime that
Is not outawed-no statute runs against it at
al Dul have no information of any such
cr INT as that pending before the grand jury.
MI. EVanS-There is one your honor
The Court-Well, of course. that does not
Apply TO the charge of murder, because The
statute does not run against that.
IN lnqulrlng into the crime of polygamy, of
courSe, The crime in that class of cases con-
slsts OF marriage, plural marriage or sec
ona marriage. In order to make q case of
polygalny, the testimony must show in the first
place' lhat the man Is married legally or had a
legal wife llv ng, and that while she is still
irving he married another woman, and that he
entered into such ceremony: that the second
marriage would have been legal and lawful,
fhn
wife living, and if this is done
within three years, then he is guilty of the
crime OF polygamy. If, in the investigation of a
certain charge, you become satisfied that the
party has entered into polygamy some time in
the past but more than three years IN the past,
ana the testimony should show that the person
charged has had Intercourse with the plural
wife since the passage of the law of 1887 then he
IS guilty OF adultery, within three years. Sol
mat, the three year rule applies to that. If it
should be found that he has married a plural
wife and has lived with her in the same house,
holding her out to the world as his WIFE within
this district while his lawful wife is still living,
put The testimony is not sufficient to show that
ne has actually had intercourse with her, then
ne Is guilty of the crime of unlawful cohabita-
uon ana should be indicted for that.
so, that, you see there are three classes of
crimes connected with that crime, and If a
party is found to be guilty of Ell Their one, an in
alctment should be presented for the one which
he is guilty of. The statutes of the territory
should also be observed. And infractions of
the laws of the territory, should be presented
by indictment, just the same as offepses against
the laws of the United States. The laws of the
territory are laws that are to be observed just
the same as laws enacted by Congress. The
laws pertaining TO larceny and to gaming and
other lnfractions.of the laws of the territory
shoulo De given attention, and of course, gentle
men, II Is needless for me to say to you that in
the examination of any of this class of crimes
under the statutes of the United States or of
one territory, what we may individually believe
ourselves Is of no account whatever The
proper administration OF law is of more account
10 US than anything else in that regard So
that personal and individual ideas should be
ialo aside, and simple inquiry as to what is the
law ana what is the evidence that is presented
10 the grand jury, and nothing further, should
be considered.
Now, as to the practice of the grand Jury as to
It's deliberations, the statute very clearly lays
down the entire matter and describes the man
ner IN which the grand jury shall proceed You
VIII, IN the first place appoint some one of
your number as a clerk, TO make minutes of
your proceedings, and the grand Jury can regu-
late It's own hours of session and work OF
course that should be regulated with view to
the public convenience and to the eXpedting of
the business and to the accommodations of the
persons that have business before it. and ii cam
not finally adjourn, of course, without the con-
sent of the court. The foreman has authority
TO administer the oaths necessary to witnesses
and II at any time the grand jury desires any
further information udon any matter that is be-
fore them, they can at all times apply to the
court for it. NN-' W '--o
You will have the assistance of the district
attorney VINO VIII be with you at all times, ex-
cept when you are voting upon the presentation
OF an ind ctment, and then, the grand Jury will
be entirely alone. But in all of your delibera-
lions further than in the presentation OF your
INDUCEMENTS ana IN putting them in the proper
shape you Will have the assistance of the district
When you are ready to report upon the in
uctmentS or charges, you come into court with
no At.sN~ ,,e,l,x., i
in his hand, all such indictments as are to e
found and as have been voted upon by you TO be
returned, and they should be carried by him so
mat each member OF the grand jury can see
When they have passed over to the court and
that they are indictments that have been found
because 1t would not be discreet to disclose
mere, IN open court, who indictments are found
against.
So that they are simply passed in here as in
dictments found, and it is expected that each
member OF the grand jury knows and under
STANDS what papers are presented here; that is
as to The indictments that are "a be found: and
those that are to be dismissed, of course. are
handed in in q separate package; and that
should De observed, because each grand Juror is
responsive Tor his actions, and for the part
That he takes in finding these indictments OF
course 1t is the duty of each grand Juror to
keep secret whatever takes place in the grand
jury room. No grand juror should ever be held
amenaole or should suffer in the COM
munity in any way on account of
what lie does in 3 grand jury room.
The Idea Is. that you are set apart and youare
separate from the balance of the community
so far as doing your work is concerned. in order
that nobody is 10 know what takes place in the
grand jury room. To disclose what takes place
IN the grand jury room is in itself ar ofiense
and If any member of the jury should find that
the secrets of the grand Jury room are the
property OF the stleet, it is crime and it
should be investigated to know what it is. be-
cause that sometimes leads to unpleasant
things for these matters to be disclosed
Now, gentlemen, that is all, think, l care TO
say to you about your duties at the present
time. If at any time, as ] said before YOU de-
sire any information, you can come into court
at any time and receive any further instructions
you may need.
Before closing, gentlemen, 1 call your atten-
hon especially to the statutes under the title of
grand jurors and the finding otindictments. and
I expresses the statutory rule II follows very
loosely the common law and 1t is Just about
What the law would be if this statute was not
enacted. would advise that each member on
he grand jury on this penal read the statute
t prescribes very fully what your duties are
md Mr.. Evans can point them out TO you at any
ime.
Police Court.
Thomas Simons and Dan Lindsay stole a
reg of beer, and for their fun paid $40 and
oStS.
Al