The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-21

enter the house of another and defile
that others wife, And they SO wr0-e
it upon the statute book, and their
leader. he who had brought them over
the dreary plains, and through the
troubles and trials and tribulations
which beSet them after they had been
/ driven from the lands beyond say
he justified this law by attaching his
signature thereto.
On the 9Th day of January 1855, there
was made the first compilation of the
laws of Utat-and when a compila-
ton of the laws is made, they are re-
viewed, they are considered, they are
re-enacted-and on that day, the 18th
of January, 1855, this law was by the
first compilation re-enacted and thus
I reaffirned. 1t did not creep into the
statutes unknown. 1t had due con-
sideratinn: 1T has been a long while
upon the statute books; it was placed
{ there by men quite as competent to
| judge of the needs of this state as the
| gentlemen who are here crying for
| blood. demanding a life whether there
is law or whether there is not. 1t was
! placed upon the statute book by men
who laid the foundation for the COM
J monwealth deep and broad, and pro-
vided for personal liberty and for the
rights of individuals. 1t was placed
/ llcIS ny Hell 4ullS DIS COUlUGIenE W
judge as to what is needed here as the
gentlemen who are advocating state
of anarchy in demanding that you
! shall pay no attention to the law. but
act according to the theories which
they advance-theories which are born
| of their Unsuitable desire to taste hui
man blood
On January 70, 1866, a second COM
pilation of the statutes of this then ter
Ir-irf
! this law was re-enacted as section 8
of title II in that compilation. A third
time, in 1876, the laws were compiled,
and for the third time this act was
ratified and affirmed by the legislature.
| The representatives of the people must
by that time have known what they
wanted on their statute books, quite
| as well as counsel who are crying here
for the life of this man to crafty some
feeling that ought not to come into this
court room. 1t may be the desire of the
counsel on the other side to hang a
laurel leaf in their Office and in order
| to do so, their Scruples. if they
have any, have been carefully laid
aside. They have sought a conviction
by methods most PECULIARLY brow
beating and bullying witnesses, by vile
| insinuations and suggestions by propo-
sitions to prove things that they could
testimony which it was their duty 10
produce. By these methods it may
be that they hope to hoodwink the jury
and to secure the conviction of a man
whom they ought not to, convict: and
while the public might not look upon
it as being such a remarkable perform
ance, they could plume and pride them
selves that they had done that which
no honest man ought to want to do.
THE UTAH STATUTE A TERROR
TO THE LECHEROUS.
In 1883 there was a fourth compila-
ton of the laws of Utah, and. again
this statute, which is still upon our
books, was reenacted, ratified and re-
affirmed by the legislature of Utah.
But after the LIST of March of this year,
after this tragedy occurred, and pos
sibly instigated by some of the pc
culiar influences that have been
dragged into this court room, there
was carried into the legislature of the
state of Utah a proposition to repeal
TINS statute: It, was debated from day
to day. Great pressure was brought
to bear. 1t was discussed. and the
definition of the words therein con-
tanned was discussed, and we had ar
guments such as we have listened to
here today, and they were published
III lHc newspapers, anu an effort was
made to have the legislature repeal
this law. 1t was argued that it is a
blot upon Our statute books. 1t stands
in the way of those who marry not,
yet who crafty their passions upon
the wives and. daughters of their
neighbors. All. yes, has stood, and it
yet stands, constant menace to the
youth, the gilded youth, of this land,
who feel that the highest ambition of
ora I or NV yJ~ir
quest of one more woman. 1t guards
the threshold of the home; they cannot
enter and simply run the chance of
being prosecuted for fornication; they
have to take the chance of the ven
geance of the husband. And so an
effort was made to repeal the law, and
that effort, by the legislature of this
year, was overwhelmingly defeated
Thus again was the law ratified and
affirmed, and it was ratified and af-
firmed after this tragedy, after Utah
had become a stated And l say that
it is to the credit of the state that
here in Utah we declare that no matter
how low man may be, his home is his
own, and if he finds therein a tres
passer. who steals that which the
state says no man shall take, he may
strike him down. We recognize by our
law the inflrmity of humanity in this,
that no human being can control him
self under circumstances such as have
been shown in this case: that there
arises in the human heart such a tu-
multi of passion that no man can stay
his hand, unless it be, perchance, the
distinguished counsel for the state
Possibly they may have much control
of themselves; possibly they have so
poor an opinion and appreciation of
the sanctity of the fireside, and pos
sibly they care so LITTLE for the virtue
of our women that they not only
could stay their hand, but more-they
might stand by and bless the unlawful
alliance.
Now, then, this statute is the law
No matter how much counsel desire
you to fail to follow the law, it is your
duty to take it as the court shall con-
strue it. 1t is the law of Utah. There
is no getting around it. Let those
like the county attorney, and let those
like him who will follow me- who de-
nounce and abhor this law, who find in
it something they don't like, get thei1
followers and clacquers together and
go before the next legislature and ask
for its repeal Let US see if they car
effect it. Let them ask the people Of
Utah whether they want it done
whether they desire to throw dowr
one strong protection to the home, q
protection that is given to every man
not to the man of wealth alone; it is
not given alone to the man who wears
the priestly cloth; it is not given alone
to the educated-it is given to every
person who has a. wife and home
THE EFFORT MADE TO CONVICT
ON THEORIES.
Let us now look for moment a.
this defendant. He has been depicted
as a monster by the prosecution. Ht
has been depicted as a human atrocity