The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-08
Refusing to Obey


History of Utah, pages 3s9.39l, the sub
Joined matter is taken 1t relates 10 the
sentence in 1885 of A. Milton Musscr
upon charge Of unlawful cohabjtation.
There can he no doubt that the recital
of these proceedings in the History Of
Utah as published by the Mormon
church, was for the purpose Of perpctu"
ating the defiance Of law and the sneer
at courts which are manifest in the
mental attitude and the spoken words of
Musser before Judge Zane;
The Musser case was next called a
motion for new trial having been made
| and overrued the defendant was asked
If he had anything TO say. Nh, Musser
arose and stated that Mr.. G. w. Stayner.
one Of his counsel would. II the court
pleased, read a communication. Mr. stay
| ner then read an address signed by The
defendant, In which he stated that in le
gally conveying to his wives their sepa-
rate homes and conducting himself
toward them as he had he thought he
| had done all that was necessary III order
to conform to the law, and he now
| asked the court clearly TO define what
course he should pursue in relation 10
| his several families when he should
| emerge from prison. In order 10 be safe
| from future prosecution.
| Court-You ask what is necessary Tor
YOU 10 do in order to comply with lhe
| law a general statement would be tnal
| 1t Is necessary for YOU 10 live with but
one wife. and treat but one Of those Ia
| dies as your wife. The law does not for
| bid your supporting your other wives,
| or bringing UP your children as best you
can But 10 live with more than one
woman as your wife is n crime. What
| ever your religious belief may be about
| IT,. the laws OF the United States have
| religion consists OF belief and worship II
| Is protected by the Constitution, but
| when acts. overt acts. occur. the state
| has the right to control.
han from a
| sion Of the Supreme Court OF the United
| States in the Reynolds case, in support
| of his position.
Elder Musser with a tinge Of irony).-
| Your honors explanations are certainly
very lucid. very logical and very con-
| elusive. have three wives. as ] have
| admitted here in this communication,
| Now am ] at liberty 10 choose which one
Of the three ] may continue TO live
with?
Court.-You may live with either one.
| provided you live with her your wife.
! Unlawful cohabitatjon consists in living
| with more than one woman as your wife.
| II would not he violation of this law
| forblddine unlawful cohabltation II yo>
were TO live with one, and only one.
even though she might not be your law
Elder Musser-May ask the Judge
| how Intimate my relations may be with
the other ladies with whom l have made
| covenants. all OF them alike-I mean out
| side OF Illicit relations? What must he
| my conduct and department In relation
| 10 the Olner TWO. l want To 90 "nat
is right In these matters. l thought 1
! had been living pretty circumspectly,
| but II does seem that the most insight
fcant evidence Will be sufficient. and I
| don't want TO be entrapped again. mean
no dlsrespect TO the court In asking these
| questions.
Court undertook TO state. but prob
ably did not state II quite plainly. that
YOU could live with one Of them as your
wife.
Elder Musser-May ] visit the others.
| md hfa far lar md fra, al TDnq
! with them?
Court.-YoT may treat your other wives
| as friends.
Elder Musser.-would you suggest that
] divorce them? The ladies' who are
| married 10 me have made covenants with
me. and ] with them, and they are, as
! have stated In this communication. OF
a very sacred character. Now. II | am
| not permitted TO he n husband to them
| In everything that that implies, they. in
| turn may proceed against me for viola
| tion OF that contract.
The court informed the defendant that
| polygsmous covenants, or those requiring
| him 70 violate the law. were not binding.
| Elder Musser treturning TO the charge).
Can | attend these ladies TO the thea
| ter. divine service or any public celebra-
| ton?
Court.-If you were living with them
In the same house portion Of the time.
the fact that YOU had taken them TO the
| theater would he pretty strong circum-
stantial evidence against YOU Uaugh
| teri.
Elder Musser-It is this strong cir
| cumstan,ial evidence that want 10 pre-
| vent appearing against me ia the future.
and 1t is for these reasons that I re-
| spectfully submit the questions. I don't
I clearly and definitely understand my du-
| ties In reference 10 these ladies. and for
| fear that | may be entrapped. I have
| already been, and for which I expect TO
| he fined and imprisoned-for doing what
| | supposed TO he strictly right. ] ask
| these questions.
Court.-There are an infinite number of
| examples. You must treat them as
though they were not your wives
Elder Musser with WARMTH That
could not do. do not wish 10 be defiant.
| nor do | wish to say In n threatening
or ostentat!ous manner what | will do
in regard TO these things. Nv families
| are too dear TO me TO expect anything OF
II would be impossible for me To comply
| with such demands. II a gentleman We're
| TO meet me on the street and ask me
| to make concession of that character.
I would tell him that # was personal
insult. / mean no disrespect whatever.
| He might as we'll ask me what I would
| take in dollars and cents for one of my
| children, or TO sell one of my wives for
| money. | cannot consent to anything OF
the kind. and am willing 10 meet any
| consequences that the court feels I'm duty
| bound 10 impose.
Court-Well, Mr. Musser. II you cannot
consent to obey and respect the laws of
| your country, YOU must take the conse-
| quences of your disobedience.
Elder Musser.-l am willing TO do so.
| Court.-Inasmuch you do not propose
| TO submit to the law I'm the future. YOU
will probably be involved I'm trouble again,
| | think IL would be better for you and
| everybody else. If that venerable man
who stands at the head OF your church
| would Just stand up. every good citi-
! zen does, and say that he will obey the
| laws OF the country and teach others to
| do the same, he would never get into
| the penitentiary You go there because
| YOU will not submit TO the laws OF your
| country. The sentence In your case Will
| he a fine OF three hundred dollars and
| Imprisonment I'm the pcnitentiary for the
| term OF six months.