The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-02-26
AN AMNESTY POINT.
Attorneys Think 1t Covers an Offense
Not Specified.
Judge Blackburn VIII Decide whether an
Adulterer Is fredericksburg Evil
dence Against Santaquin Couple.

Provo, Feb. %. = Thomas Pierpont
came into court, and by his attorney,
George Sutherland, pleaded that he did
not consider the government should pros
ecute his case, because of an absolute par
don having been extended from the chief
executive of the United States to those
who had practiced polygamy under the
tenets of the Mormon church.
1t was argued by the prosecution that
! the matter should come before a jury be-
cause OF the charge against the defendant
being adultery, and does not, in the opin-
ion OF Mr.. Varian, come within the am
nesty proclamation, which was carefully
read to the court by the district attorney.
Mr.. Sutherland argued that adultery
was particular act which forms q part
of the offense of unlawful cohabitation,
and under the circumstances of the pres
ent case comes clearly under the presi-
dents proclamation.
Judge-Then this pardon would ex-
clude Mormon for adultery, and not the
other fellows?
Sutherland-Yes that is the plain
English OF it, provided the act had been
committed under the tenets of the
church.
The attorneys for the defense argued at
some length that Mr.. Pierpoint'S case
came within the pardon, and that he
should be acquitted. A decision of the
supreme court was quoted, which sets
forth that conviction for unlawful CO.
habition bars g conviction for adultery.
Mr.. Varian stated that in case no con-
viction was found, prosecution for
adultery would obtain. He therefore in
sisted on jury being called to hear the
case.
Mr.. Thurman gave the opinion that
proof of marriage under the church, the
living together, ETC., would establish the
fact that the act was one of unlawful CO.
habitation.
Mr.. Sutherland-Mr. Varian do you
claim that man can be pardoned Tor I'M
lawful cohabitation and not for one act
which goes to make up that offense?
Varian-Counsel does not understand
me. My claim is that prosecutions for
adultery can be had, and if it is found
that it is part of another offense, then
another phase of the case may be pre-
scented.
Mr.. Pierpoint came forward and pleaded
guilty and was ordered to appear Monday
morning, when the judge would decide
what to do in the case.
1t is understood that the plea of guilty
can be withdrawn if desired by the de-
tense.
THE ALLSWORTH CASE.
Judge Blackburn charged the jury in
the AllsWorth case, instructing them that
if defendant was proved to have had
intercourse with his niece he was guilty
OF the crime charged.
James Nielsen and G. o. Hanson, for
merly of Denmark but now Of Gunnison,
Sanpete county, were made citizens.
ii. NJ Warner was appointed by the
court to defend Tex, - whose true name
is Charles Durango. He is to be tried
Feb. % for grand larceny. The defendant
is now serving out a term in the pen for
horse stealing and this is the second count
against him.
Louis Vanetta was ordered to be
brought from the pen to testify in the
EETeA" case.
sANTAoUIN OFFENDERS.
John w. Lynch came to trial charged
with the crime OF adultery alleged to have
been committed with Jennie L. Hart
June 20, 1892, at Santaquin. The indict-
ment was found against the defendant at
the September term 1892, at which time
the case was tried but the Jury disagreed.
James w. Selby was first called and tes
titled to having met Lynch at Falrview
about year ago, when he took up his
residence at witnesses house, together
with a woman who was introduced as
Mrs. Lynch. Witness did not know
Jennie Hart.
Mrs. Seelay stated that defendant rented
their house and lived with Mrs. Lynch
for a term of about two months in the
town of Fairview, Sanpete county.
Mrs. Stickney, who lives at Santaquin,
stated that the defendant stopped at her
hotel one Sunday afternoon last June,
accompanied by lady known as Mrs.
Hart. On Monday at o. clock they took
their departure. During their nights
stay they occupied but one room, which
was ordered and paid for by Lynch. On
Monday, June 20, the,two were arrested
while taking dinner at the witness house.
It was the husband of Jennie who caused
the arrest and who disclosed the fact that
the woman who occupied the room with
Lynch was not his wife.
Chester Neishaunger arrested the two
offenders at the instance of Mr.. Hart, who
came down from Payson to look for his
wife.
Mrs. Sanderson gave testimony as to
Lynch having a wife before these events
took place, after which the prosecution
rested.
ACQUITTED BY THE JURY.
Mr.. Whitecotton, attorney for the de-
tense, asked for an aequittal, insisting that
no act of adultery had been proven.
Overruled. No testimony was offered by
the defense. Arguments were waived and
the case was submitted to the jury after a
brief charge from the judge. A verdict OF
not guilty was found.