reynolds argued decided october reynolds error territory utah indictment found district third judicial district territory utah charging george reynolds bigamy violation sect revised statutes omitting exceptions follows person husband wife living marries another whether married single territory place exclusive jurisdiction guilty bigamy shall punished fine imprisonment term five years prisoner pleaded abatement indictment found legal grand jury fifteen persons impanelled sworn serve grand jury term indictment found whereas sect revised statutes enacts every grand jury impanelled district circuit shall consist less sixteen persons act legislature utah provides shall impanel fifteen men serve grand jury compiled laws utah ed sect overruled plea ground territorial enactment governed prisoner pleaded guilty several jurors examined voire dire district attorney among eli ransohoff answer question formed expressed opinion guilt innocence prisoner bar said expressed opinion reading papers reports trial opinion influence verdict hearing evidence think defendant stated formed opinion reading reports previous trial impression still remains upon mind think glanced everybody else think try case wholly uninfluenced thing charles read called juror asked district attorney formed expressed opinion guilt innocence charge believe formed opinion formed expressed opinion sir believe say formed opinion based upon evidence produced opinion influence verdict think defendant understood say formed opinion expressed know expressed opinion formed one entertain opinion defendant challenged jurors cause overruled challenge permitted sworn defendant excepted also homer brown called juror allowed district attorney ask following questions living polygamy rather answer instructed witness must answer question unless criminate district attorney understand conditions upon refuse opinion find verdict commission crime opinion particular case think evidence law render verdict accordingly whereupon challenged said brown favor challenge sustained defendant excepted john snell also juror asked district attorney voire dire living polygamy decline answer ground might criminate fornicator whereupon snell challenged cause challenge sustained defendant excepted trial commenced district attorney proving defendant married certain day mary ann tuddenham offered prove subsequent marriage one amelia jane schofield lifetime said mary thereupon called one pratt deputy marshal showed subpoena witnesses case among names thereon name mary jane schobold name amelia jane schofield testified subpoena placed hands served see reynolds went see miss schofield sir inquire inquired mary jane schofield best knowledge state inserted name subpoena intended name woman examined case former term inquired mary jane schofield reynolds recollect certainly reply said home say thing asked find said said find know deputy marshal sir tell business deputy marshal remember think else say said leaving understood appear case ordered subpoena issue amelia jane schofield returnable instanter upon following day ten said subpoena said witness issued nine day said arthur pratt called upon testified follows district attorney whether officer subpoena hands exhibiting subpoena last issued set forth sir efforts made serve went residence reynolds lady first wife told woman home two three weeks went morning know thing home resides know found place deputy marshal executed process sir reynolds said went former subpoena introduced last evening state put name subpoena know party well acquainted intended party subpoenaed case said get wanted search house said tell said find said leaving house remember exactly best recollection said appear case state particularly ca give exact words say purport words nearly said think words district attorney offered prove amelia jane schofield testified trial another indictment charging prisoner bigamy marrying prisoner objected ground sufficient foundation laid introduction evidence patterson sworn read witnesses stated said amelia testimony former trial tending show marriage defendant defendant excepted admission evidence summing jury declined instruct requested prisoner found married pursuance conformity believed time religious duty verdict guilty instructed influence religious belief right married second time first wife living want consciousness evil want understanding part committing excuse law inexorably cases implies criminal intent also said think improper discharge duties case consider consequences innocent victims delusion contest goes multiply women innocent children sense even beyond degree innocence childhood sufferers jurors fail duty cases come territory victims multiply spread land refusal charge requested charge given prisoner excepted jury found guilty charged indictment judgment imprisoned hard labor term two years pay fine rendered district affirmed territory sued writ error assignments error set opinion george biddle ben sheeks plaintiff error first jury improperly drawn two jurors challenged cause defendant admitted formed still entertained opinion upon guilt innocence prisoner holding juror opinions disqualify rendering verdict accordance law land valid objection serving opinion based merely upon hypothetical case true prisoner guilty always sufficient opinion actual fact guilt innocence disqualification according authorities burr trial wilson baldw ex parte vermilyea cow people mather wend cancemi people fouts state ohio neely people schoeffler state trimble state greene iowa commonwealth lesher serg staup commonwealth armistead case leigh stewart state ark clearly erroneous prosecution ask several jurymen upon voire dire whether living polygamy questions tend disgrace person questioned render amenable criminal prosecution never allowed put juror anonymous salk bacon tit juries dane abr hudson state blackf ind second proof witness amelia jane schofield testified former trial another indictment admitted constitutional right prisoner confront witness abrogated unless shown witness dead jurisdiction summoned appears kept away adverse party trial appeared person amelia jane schofield subpoenaed subpoena ever taken unserved subpoena name mary jane schobold shown nine evening trial new subpoena issued following morning attempt serve beyond going prisoner usual residence inquiring witness patterson allowed read paper purported statements made amelia jane schofield former trial proof offered genuineness paper origin witness testify contents knowledge teeth ruling wood rule laid american authorities richardson stewart serg chess chess id huidekopper cotton watts powell waters johns cary sprague wend people newman hill brogy commonwealth gratt bergen people dupree state third constitutionality poland bill rev sect undoubtedly congress art sect constitution gives dispose make needful rules regulations respecting territory property belonging decisions upon may legislate territory regulate form local government legislation neither exclusive arbitrary power government obtain hold territory might legislate without restriction inconsistent existence present form always excess power exercised federal government attempts provide assertion preservation rights territory interferes positive enactment social domestic life inhabitants internal police offence prohibited sect malum se prohibited decalogue said prohibition found teachings new testament know majority people territory deny christian law contains prohibition contra chief justice waite delivered opinion assignments error grouped present following questions indictment bad found grand jury less sixteen persons challenges certain petit jurors accused improperly overruled challenges certain jurors government improperly sustained testimony amelia jane schofield given former trial offence another indictment improperly admitted evidence accused acquitted married second time believed religious duty err part charge directed attention jury consequences polygamy questions considered order grand jury indictment found district third judicial district territory act congress relation courts judicial officers territory utah approved june stat regulating qualifications jurors territory prescribing mode preparing lists grand petit jurors drawn well manner drawing makes provision respect number persons grand jury shall consist sect revised statutes requires grand jury impanelled district circuit shall consist less sixteen persons statute territory limits number district courts territory fifteen comp laws utah grand jury found indictment consisted fifteen persons question determined whether section revised statutes referred statute territory governs case sect revised statutes district courts territory jurisdiction cases arising constitution laws vested circuit district courts make circuit district courts often decided american insurance canter pet benner et al porter clinton englebrecht wall courts territories invested purposes powers courts writs error appeals lie territory territorial cases sect designed regulate impanelling grand juries courts offenders laws tried circuit district courts leaves territorial courts free act obedience requirements territorial laws force time clinton englebrecht supra hornbuckle toombs wall congress may time assume control matter little danger anticipated improvident territorial legislation particular therefore opinion erred sustaining indictment former term instance plaintiff error adjudging another bad found offence grand jury composed persons utah challenges accused constitution amend vi accused entitled trial impartial jury juror impartial must use language lord coke indifferent stands unsworn litt lord coke also says principal cause challenge called found true standeth sufficient without leaving thing conscience discretion triers id stated bacon abridgment grounded manifest presumption partiality found true unquestionably sets aside juror bac tit juries truth matter alleged admitted law pronounces judgment denied must made proof satisfaction triers id make existence fact juror challenged may examined voire dire asked questions tend infamy disgrace challenges accused principal cause good ground challenge juror formed opinion issue tried courts agreed knowledge upon opinion must rest order render juror incompetent whether opinion must accompanied malice unite holding must founded evidence mere impression say must positive gabbet criminal law others must decided substantial armistead case leigh wormley case gratt neely people others fixed state benton dev still others deliberate settled staup commonwealth curley commonwealth id concede however hypothetical partiality manifest necessarily set juror aside chief justice marshall burr trial burr trial rule impressions may fairly presumed yield testimony may offered may leave mind open fair consideration testimony constitute sufficient objection juror strong deep impressions close mind testimony may offered opposition combat testimony resist force constitute sufficient objection theory law juror formed opinion impartial every opinion may entertain need necessarily effect days newspaper enterprise universal education every case public interest almost matter necessity brought attention intelligent people vicinity scarcely one found among best fitted jurors read heard impression opinion respect merits clear therefore upon trial issue fact raised challenge cause practically called upon determine whether nature strength opinion formed law necessarily raise presumption partiality question thus presented one mixed law fact tried far facts concerned like issue character upon evidence finding trial upon issue set aside reviewing unless error manifest less stringent rules applied reviewing case govern consideration motions new trial verdict evidence must made clearly appear upon evidence found juror formed opinion law deemed impartial case must one manifest law left nothing discretion challenge case relied upon argument charles read sworn voire dire taken whole shows formed opinion never expressed think influence verdict hearing testimony think manifestation partiality leave nothing discretion triers reading evidence leaves impression juror hypothetical opinion case falls far short raising manifest presumption partiality considering questions reviewing unmindful fact often observed experience jurors unfrequently seek excuse ground formed opinion examination turns real disqualification exists cases manner juror testifying oftentimes indicative real character opinion words seen always spread upon record care therefore taken reviewing reverse ruling upon question fact except clear case affirmative issue upon challenger unless shows actual existence opinion mind juror raise presumption partiality juror need necessarily set aside error refuse case opinion made upon challenge read fact expressed opinion important tending show formed one disqualified positive decided opinion formed incompetent even though expressed circumstances unnecessary consider case ransohoff confessedly strong read challenges government questions raised upon assignments error whether district attorney permitted interrogate jurors examination upon voire dire fact living polygamy objection made questions ruling upon challenges testimony taken answer questions testimony apparent jurors challenges related living polygamy needs argument show jury gone box entirely free bias prejudice challenge good principal cause favor judgment reversed simply challenge good favor sustained form cause jurors incompetent properly excluded matters upon form challenge set aside one case challenge favor courts challenges tried without aid triers rev stat sect advised practice territorial courts utah different admission evidence prove sworn amelia jane schofield former trial accused offence different indictment constitution gives accused right trial confronted witnesses witness absent wrongful procurement complain competent evidence admitted supply place kept away constitution guarantee accused person legitimate consequences wrongful acts grants privilege confronted witnesses voluntarily keeps witnesses away insist privilege therefore absent procurement evidence supplied lawful way condition assert constitutional rights violated lord morley case state trials long ago year resolved house lords case oath made witness examined coroner absent detained means procurement prisoner opinion judges asked whether examination might read answer lordships satisfied evidence heard witness detained means procurement prisoner examination might read whether detained means procurement prisoner matter fact judges lordships resolution followed harrison case id seems recognized law england ever since regina scaife ad el judges agreed prisoner resorted contrivance keep witness way deposition witness taken magistrate presence prisoner might read cases effect found country ruling way drayton wells nott williams state leading laid witness kept away adverse party testimony taken former trial parties upon issues may given evidence greenl sect taylor sect wharton whart sect seemingly limits rule somewhat confines cases witness corruptly kept away party called reality statement others implied witness must wrongfully kept away rule foundation maxim one shall permitted take advantage wrong consequently legal contemplation wrong committed way opened introduction testimony content usage far able discover rarely departed outgrowth maxim based principles common honesty properly administered harm one rule question becomes practically one fact settled preliminary admission secondary evidence respect like preliminary question proof loss written instrument secondary evidence contents instrument admitted lord morley case supra seem considered question trial alone subject review error appeal without deeming necessary case go far hesitation saying finding least effect verdict jury upon question fact disturbed unless error manifest testimony shows absent witness alleged second wife accused testified former trial offence another indictment home except accused time trial subpoena issued mistake named mary jane schobold officer knew witness personally went house accused serve subpoena arrival inquired either name mary jane schofield reynolds tole accused home said tell reply find officer remarked making considerable trouble get trouble accused replied wo till subpoena served upon conversation appear case discovered trial commenced wrong name inserted subpoena new subpoena issued right name nine evening officer went house found person known first wife accused told witness three weeks went next morning finding able ascertain inquiring neighborhood made return fact ten morning case called foregoing facts made appear ruled evidence witness sworn former trial admissible see error accused personally present showing made full opportunity account absence witness deny oath kept away clearly enough proven cast burden upon showing instrumental concealing keeping witness away means making necessary explanation every inducement presumption considered better rely upon weakness case made attempt develop strength upon testimony stood clear minds judgment reversed secondary evidence admitted brings us consideration former testimony evidence proven jury testimony given former trial person offence another indictment substantially testimony given another time cause accused present time testimony given full opportunity brings case clearly within rules cases fully cited whart sect objection reading patterson sworn former trial seem paper read true record evidence given foundation admitting secondary evidence laid objection already seen well taken defence religious belief duty trial plaintiff error accused proved time alleged second marriage many years member church jesus christ saints commonly called mormon church believer doctrines accepted doctrine church duty male members said church circumstances permitting practise polygamy duty enjoined different books members said church believed divine origin among others holy bible also members church believed practice polygamy directly enjoined upon male members thereof almighty god revelation joseph smith founder prophet said church failing refusing practise polygamy male members said church circumstances admit punished penalty failure refusal damnation life come also proved received permission recognized authorities said church enter polygamous marriage daniel wells one authority said church perform marriage ceremony married said defendant time crime alleged committed woman name schofield marriage ceremony performed pursuant doctrines said church upon proof asked instruct jury found evidence married pursuance conformity believed time religious duty verdict must guilty request refused charge must criminal intent defendant influence religious belief right inspiration please right married second time first wife living want consciousness evil want understanding part committing excuse law inexorably case implies criminal intent upon charge refusal charge question raised whether religious belief accepted justification overt act made criminal law land inquiry power congress prescribe criminal laws territories guilt one knowingly violates law properly enacted entertains religious belief law wrong congress pass law government territories shall prohibit free exercise religion first amendment constitution expressly forbids legislation religious freedom guaranteed everywhere throughout far congressional interference concerned question determined whether law consideration comes within prohibition word defined constitution must go elsewhere therefore ascertain meaning nowhere appropriately think history times midst provision adopted precise point inquiry religious freedom guaranteed adoption constitution attempts made colonies legislate respect establishment religion respect doctrines precepts well people taxed support religion sometimes support particular sects whose tenets subscribe punishments prescribed failure attend upon public worship sometimes entertaining heretical opinions controversy upon general subject animated many seemed last culminate virginia house delegates state consideration bill establishing provision teachers christian religion postponed next session directed bill published distributed people requested signify opinion respecting adoption bill next session assembly brought determined opposition amongst others madison prepared remonstrance widely circulated signed demonstrated religion duty owe creator within cognizance civil government semple virginia baptists appendix next session proposed bill defeated another establishing religious freedom drafted jefferson passed jeff works howison hist preamble act hening stat religious freedom defined recital suffer civil magistrate intrude powers field opinion restrain profession propagation principles supposition ill tendency dangerous fallacy destroys religious liberty declared time enough rightful purposes civil government officers interfere principles break overt acts peace good order two sentences found true distinction properly belongs church state little year passage statute convention met prepared constitution convention jefferson member absent minister france soon saw draft constitution proposed adoption letter friend expressed disappointment absence express declaration insuring freedom religion jeff works willing accept trusting good sense honest intentions people bring necessary alterations jeff works five adopting constitution proposed amendments hampshire new york one form another declaration religious freedom changes desired made also north carolina convention first declined ratify constitution proposed amendments acted upon accordingly first session first congress amendment consideration proposed others madison met views advocates religious freedom adopted jefferson afterwards reply address committee danbury baptist association id took occasion say religion matter lies solely man god owes account none faith worship legislative powers government reach actions opinions contemplate sovereign reverence act whole american people declared legislature law respecting establishment religion prohibiting free exercise thereof thus building wall separation church state adhering expression nation behalf rights conscience shall see sincere satisfaction progress sentiments tend restore man natural rights convinced natural right opposition social duties coming acknowledged leader advocates measure may accepted almost authoritative declaration scope effect amendment thus secured congress deprived legislative power mere opinion left free reach actions violation social duties subversive good order polygamy always odious among northern western nations europe establishment mormon church almost exclusively feature life asiatic african people common law second marriage always void kent com earliest history england polygamy treated offence society establishment ecclesiastical courts time james punished instrumentality tribunals merely ecclesiastical rights violated upon separation ecclesiastical courts civil ecclesiastical supposed appropriate trial matrimonial causes offences rights marriage testamentary causes settlement estates deceased persons statute james offence committed england wales made punishable civil courts penalty death statute limited operation england wales early period generally modifications colonies connection case considering significant fact december passage act establishing religious freedom convention virginia recommended amendment constitution declaration bill rights men equal natural unalienable right free exercise religion according dictates conscience legislature state substantially enacted statute james death penalty included recited preamble hath doubted whether bigamy poligamy punishable laws commonwealth hening stat day think may safely said never time state union polygamy offence society cognizable civil courts punishable less severity face evidence impossible believe constitutional guaranty religious freedom intended prohibit legislation respect important feature social life marriage nature sacred obligation nevertheless civilized nations civil contract usually regulated law upon society may said built fruits spring social relations social obligations duties government necessarily required deal fact according monogamous polygamous marriages allowed find principles government people greater less extent rests professor lieber says polygamy leads patriarchal principle applied large communities fetters people stationary despotism principle long exist connection monogamy chancellor kent observes remark equally striking profound kent com note exceptional colony polygamists exceptional leadership may sometimes exist time without appearing disturb social condition people surround doubt unless restricted form constitution within legitimate scope power every civil government determine whether polygamy monogamy shall law social life dominion opinion statute immediately consideration within legislative power congress constitutional valid prescribing rule action residing territories places exclusive control question remains whether make polygamy part religion excepted operation statute make polygamy part religious belief may found guilty punished must acquitted go free introducing new element criminal law laws made government actions interfere mere religious belief opinions may practices suppose one believed human sacrifices necessary part religious worship seriously contended civil government lived interfere prevent sacrifice wife religiously believed duty burn upon funeral pile dead husband beyond power civil government prevent carrying belief practice law organization society exclusive dominion provided plural marriages shall allowed man excuse practices contrary religious belief permit make professed doctrines religious belief superior law land effect permit every citizen become law unto government exist name circumstances criminal intent generally element crime every man presumed intend necessary legitimate consequences knowingly accused knew married first wife living also knew second marriage forbidden law therefore married second time presumed intended break law breaking law crime every act necessary constitute crime knowingly done crime therefore knowingly committed ignorance fact may sometimes taken evidence want criminal intent ignorance law defence accused case belief law enacted matters belief part professed religion still belief belief regina wagstaff cox crim cases parents sick child omitted call medical attendance religious belief cure effective held guilty manslaughter said contrary result child actually starved death parents notion religious duty abstain giving food offence consists positive act knowingly done dangerous hold offender might escape punishment religiously believed law broken never made case believe found gone far part charge directed attention jury consequences polygamy passage complained follows think improper discharge duties case consider consequences innocent victims delusion contest goes multiply women innocent children sense even beyond degree innocence childhood sufferers jurors fail duty cases come territory utah victims multiply spread land every appeal passions prejudices jury promptly rebuked imperative duty reviewing take care wrong done way see cause complaint case congress stat saw fit make bigamy crime territories done evil consequences supposed flow plural marriages call attention jury peculiar character crime accused trial remind duty perform appeal passions instigation prejudice upon showing made accused guilty violation law indicted effort seems withdraw minds jury issue tried bring make partial keep impartial upon careful consideration whole case satisfied error committed judgment affirmed justice field concur majority several points decided except one relates admission testimony amelia jane schofield given former trial upon different indictment think sufficient foundation laid introduction authorities cited chief justice sustain admissibility seem establish conclusively exact reverse subsequent day term petition rehearing filed chief justice waite delivered opinion since judgment case announced petition rehearing filed attention called fact sentence requires imprisonment hard labor act congress indictment found provides punishment imprisonment assigned error former hearing might account decline consider irregularity one appears face record vacate former judgment affirmance reverse judgment purpose correcting error appears record wit form sentence cause remanded instructions cause sentence district set aside new one entered verdict respects like imposed except far requires imprisonment hard labor footnotes supra