Frank's Ranche; Or, My Holiday in the Rockies: Being a Contribution to the Inquiry into What We Are to Do with Our BoysMarston, E. (Edward)
General
Frank's Ranche; Or, My Holiday in the Rockies: Being a Contribution to the Inquiry into What We Are to Do with Our Boys
Marston, E. (Edward)
Rocky Mountains -- Description and travel
"MR. SMITH then said, in a firm, clear voice—If your honour please:
I have been placed on trial here for living in the practice of my
religion, which I do not intend to relinquish, under any
circumstances whatever, and I have no promises to make. Therefore, I
am prepared to receive the judgment of the court. I cannot under any
circumstances give up any principle of my religion. My religion is
worth everything to me, or it is worth nothing, and I am prepared to
receive any judgment you may see fit to pronounce. That is about
all, I believe.
"THE COURT—I understand you to state by inference that you
understand your religion authorizes you and makes it your duty to
practice polygamy and unlawful cohabitation?
"MR. SMITH—That is a part and portion of my religion.
"THE COURT—Yes, and I suppose from what you state also that it makes
it your duty to advise others, so far as you give any advice at all,
to practise that?
"MR. SMITH—I have not been an adviser, sir, but that is my feeling.
I am not much of a preacher; but my religion is worth everything to
me. As I said before, I could not sacrifice that under any
consideration whatever.
"THE COURT—Well, I have so often stated here from this bench that
polygamy and unlawful cohabitation are crimes under the laws of the
United States that it is hardly worth while to state it again. I
presume you understand that they are both defined as crimes, and you
must realize that you are not to determine what the laws of the
United States are for yourself, contrary to the tribunals selected
to interpret and construe the laws and to enforce them. In view of
your statements the law makes it my duty to impose upon you such a
penalty as may possibly reform you and may tend to deter others from
like crimes against society. The object of this law is to protect
society, and it is my duty to enforce that law so far as the law
gives me my discretion, and use the discretion which I possess so as
to accomplish the purpose and to reach the end intended by the law.
You are sentenced in the penalty of a term of six months, and to pay
a fine of 300 dollars and costs. You will also stand committed until
the fine and costs are paid."
The next defendant was evidently a gentleman of considerable standing in
the city.
"As the name of John Nicholson was called, there was a buzz of
interest which subsided into a breathless silence as that gentleman
stood up under the judge's gaze.
"THE COURT—Mr. Nicholson, I suppose it is hardly necessary for me to
state to you—you are already advised that the jury found you guilty
of the crime of unlawful cohabitation. Have you anything further to
say why sentence of the law should not be pronounced against you?
Public-domain text, read in full here on John Shaqi.
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