History of Utah, 1540-1886 - Brigham Young University

TRIAL OF POLYGAMISTS. 663
by concerted action of the federal officials, an effort
was made to punish judicially the church criminals." 13
The governor was ably seconded by the chief justice.
In October Brigham Young, George Q. Cannon, and
others were arrested for lascivious cohabitation.
Motion made to quash the indictment was overruled
by McKean; "for," he remarked, "while the case at
bar is called the people versus Brigham Young, its
other and real title is Federal Authority versus Polygamic
Theocracy." In the indictment were sixteen
counts, extending back to the year 1854, thus attempting
to give an ex post facto interpretation to
the act of 1862. The president's health was feeble
at this time, and on the application of his attorney, a
continuance was granted until the March term. One
Thomas Hawkins, however, was convicted during this
term, on the evidence of his first or legal wife, sentenced
under this act to three years' imprisonment
with hard labor, and fined $500. But the severest
portion of the sentence was the homily. " Thomas
Hawkins," commenced the chief justice, "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 . . . The law gives me large discretion
in passing sentence upon you. I might both fine and
imprison you, or I might fine you only or imprison you
only. . .It is right that you should be fined, among
other reasons to help to defray the expense of enforcing
the laws." 19
Two or three days before sentence was passed on
Hawkins, this being of course a test case, Daniel H.
Wells and Hosea Stout were arrested on a charge of
murder, Brigham Young, William H. Kimball, and
others being indicted on a similar charge. 20
Wells
18 Id., 46-7.
19 Deseret News, Nov. 1, 1871. For adverse comments of the press on the
Hawkins case, see Austin Reese River R»veiU6, Carson Daily Register, Sacramento
Reporter, Omaha Alta, in Millennial Star, xxxiii. 764-5. In TownsenoVz
Mormon Trials is an impartial account of McKean's anti-Mormon crusade.
20 Wells and Stout were arrested for the murder of Itich. Yates, at tha
mouth of Echo cafion; Young, Kimball, Win A. Hickman, 0. P. Rockwell,