Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-23

r. ONE time ago Elders Kassouth
Dya and M p, Stinson, who are
~ doing missionary work in that
section, were arrested ON a charge
OF ''trespAss "--for having preached In
church building In Rowland, Lincoln
county, KY against the protest OF CeE-
tain prejudiced DIRECTORS. But AS q
large majority of the better class OF
people who had control OF the church
building insisted that the elders preach
there, the latter did SO. hence the ar
rest. The following letter from Elders
Dyal and Stlnson, giving an account of
their trial and acqulttal, viii be read
with much interest by News read
egs
Rowland Ky, March 6.--You no
doubt have been waiting with much
anxiety for a report of the proceedings
OF our 1rSal. March 2 our case was
called and pronounced ready, but pw-
Ing 10 the limited time. the judge post
poned il until the first case on the
morning Of the zth- Early ON the morn
ing OF the Attn the circuit judge called
our case, the Jury was sworn In. ami
then one OF our lawyers took them
through n rigid examination so as to
ascertain whether they were prejudTced
nom the TunloTs that have been atlOat,
CT II they could give MS fair and i'm
partial trial, according 10 law and evil
trial regardless of religious belief. Then
the commonwealth witnesses We're
called 10 the stand. Their evidence was
In our favor SO our leading attorney,
George Sanfley. without presenting any
oi our testimony, made an able argu-
ment before Judge Bell, trying to in
dnce him 10 dismiss the case on the
cen monwealth's evidence. but failed,
Then Elder Dyal was called upon the
stand, and was Kept there for about AN
hour and a half, They piled him With
all kinds OF questions regarding our
BELIEF In, and of the practise OF pOyg
amy, which were answered without any
hesitation. Elder Dyal had quite a task,
as there were four attorneys assisting
the commonwealth attorney In asking
questions. But they were all satisfaC
toriy answered without contradictions
Then several OF our friends. a great
number of whom We're ladies of Row
land, KY, took tho stand and testified
as to what we preached In the church
building and 10 the Bible we used A nd
upon several oCCa si0ns the common
wealth asked '-fr there were any ma
terial differences between our preach
Ing and that OF other minister's" They
would answer, They preached from the
same Bible. but they We're the best
preachers i ever heard. They taught
us more about our Sible than we aver
knew before" After using only about
half the Witnesses who had volunteered
without subpoena and had come to tes-
tlfy In OUT behalf, the case. so far as
taking testimony was concerned closed
Then one OF our attorneys, namely, VIII
ShAnks and one of Lincoln county'a
most wealthy young men, delivered "a
most able argument in our Defense He
showed to the jury that this WAS re-
liSious persecution. and that according
to the constitutional laws OF the land
q had A 1lp N at.ha
pleased Then he showed them that we
fought the gospel as laid down In The
Bible But says he, I'VE are not try-
Ing these defendants for what they
preach, but we are trying chem for
trespass, and IL evidence Is Of any
worth you must consider the testimony
given by these noble men and women
of Rowland who have testified that
these men We're invited To- preach In
that church, and that they still Insisted
upon them preaching there. Even the
common " ealth witnesses swOre 10 this
fact, and none of this evidence has been
coniradleted by one witness for the
prosecution
After he closed Charley Hardin. one
OF the commonwealth attorneys tool,
the floor, He Tssorted only 10 rldl-
Guile and misrepresentation. He ca
deaYored to belittle the testimony. and
throw doubt upon the sincerity OF cl-
der Dyal. bun used no rule on law,
merely trying to prejudice the IuI0rs
The case was then postponed until
March o. As court opened, our attor-
ney. George San1ey, delivered one ~
the best and ablest arguments con-
CelYabls In Dur defense. He showed
them that Will II WAS true that Elder
Dyal hadn't denied. or even tried 40
deny that SOME Of the leading men
OF Our Church had pTactsed p0lys-
amy, but that since 1890 plural mar
riages had ceased. II WAS equally true
that che old patrlarchs, such, Tor In |
stance. as Abraham, Jacob. David |
SOl0mon, and various others had AZ |
one time been guilty ~ the same
"Stl," he said, I'VE look upon them 4
as great men, believe them 10 be- In
spiTed and 10 b. rnSn Of God. Ane
have NOT these defendants the right 70
lcOk upon their polygamlst Church 4
leaders as we haYe 10 look upon those
old patriarch A. Il ceased with the |
old patTlarchs after many years, 80 ID 1
has ceased win the MOrmons after /
many years. Because you and | ana i
hll other Christians believe all tho old |
polygamlsis 10 DO men Of God. wo are 4
not quality Of thelr crimes Because /
these elders 'helteRe In their leaders /
they Are NOT guilty Of pOlysamy You
are NOT trying these men, however. |
FOR what they reach. but you arc try
Ing them Tor Tespass Bat sometimes
" 6 have 10 defend a man In various
WAYS. especially when he is pulled IN
by religious fanatics SO, gentlomen,
YOU cannot mn these men guilty ef
lrcspass FOR there vs. not ono loa OF
rNI1enpe against Them 10 thau effect