The Salt Lake Polygamy Case

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Seventh-day Adventist Publishing Association · Battle Creek, Mich. · Nov 7, 1871

FromReview and Herald, Vol. 38, No. 21.

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The Salt Lake Polygamy Case.

SALT LAKE, Oct. 28.—Chief Justice McKean this morning passed sentence upon Thomas Hawkins, the polygamist, as follows:—
“Thomas Hawkins, I am sorry for you; very sorry. You may not think so now, but I shall try to make you think so by the mercy which I shall show you. You came from England to this country with the wife of your youth, and for many years you were a kind husband and kind father. At length, however, the evil spirit of polygamy tempted and possessed you. Then happiness departed from your household, and now, by the complaint of your faithful wife, and the verdict of a law-abiding jury, you stand at the bar a convicted criminal. The law gives me a large discretion in passing sentence upon you. I might both fine and imprison you, or I might fine you only, or imprisonment. I might imprison you twenty years, and fine you one thousand dollars. I cannot imprison you less than three years, nor fine you less than three hundred dollars. It is right that you should be fined—among other reasons, to help defray the expenses of enforcing the laws—but my experience in Utah is such that were I to fine you only, I am satisfied the fine would be paid out of other funds than yours, and thus you would go free, absolutely free from all punishment, and then those men who mislead the people would make you and thousands of others believe that God had sent the money to pay the fine; that God had prevented the court from sending you to prison; that by a miracle you had been rescued from the authorities of the United States. I must look to it that my judgment give you aid and comfort to such men. I must look to it and be not so severe as to seem vindictive, and not so light as to seem to trifle with justice. This community ought to begin to learn that God does not interpose to rescue criminals from the consequences of their crimes, but on the contrary he so orders the affairs of this universe that sooner or later crime stands face to face with justice, and justice is master. I will say here and now that whenever your good behavior and the public good shall justify my doing so, I will gladly recommend that you be pardoned. The judgment of the court is that you be fined five hundred dollars, and that you be imprisoned at hard labor for the term of three years.”
Contrary to all expectations there was little or no excitement in the court-room. The attendance was large, but generally all maintained proper decorum. The United States Marshal and his deputies were fully prepared for the emergency. Notice of an appeal to the Supreme Court was given by the prisoner's counsel.
Warrants are out for the arrest of Brigham Young and Joseph A. Young, his son, on a charge of having ordered the killing of Richard Yates. The indictments on all these murder cases are understood to be founded upon the testimony of Bill Hickman, who was once what is termed by the Gentiles a Danite or secret agent of the Mormon authorities. Yates visited the Mormon camp during the rebellion of 1857 ostensibly to sell powder, but the Mormons regarded him as a spy, and some weeks afterward arrested him and placed him in the custody of Hickman, to be taken to Salt Lake. D. Wells then commanded the Mormon troops, and Hosea Stout was Judge Advocate. On the way to Salt Lake, Hickman killed Yates, as he says by orders from Brigham Young and Joseph A. Young, and at the instigation of Wells and Stout. Hickman, who is now confined in Camp Douglass, went with the officers to Echo Canon, and after pointing out the spot where he had buried Yates, assisted in disinterring his remains.
Later.—Daniel A. Wells, Mayor of the city, Hosea Stout, formerly Attorney-General of the Territory, and William Belden, of Kimball's Hotel on Paxley Canon, were arrested an hour since by United States Marshal Patrick, upon the indictment of the grand jury charging them with murder. Tom Fitch made an application to admit to bail, which application will be heard on Monday morning. The prisoners were placed in a carriage and taken to Camp Douglass. Slight excitement prevailed at the marshal's office while the accused were there waiting for a conveyance. Some policemen said that they should not go to prison if they did not wish to go, and one or two women called out to the officers to take them if they dared, and would fight them with a vengeance. The officers, however, were firm and nothing serious happened. The alleged crime consists in the killing of Richard Yates and a man named Bunk, several years ago.
A warrant was out for the arrest of Orson Hyde, one of the twelve apostles, upon the same charge, but he eluded the deputies who were sent to arrest him. He was pursued to the southern part of the Territory.
A man named Bennett was found murdered on the State road, about eight miles from the city, this morning, with four bullets in his body.