refer is this: That the administra- baptized of water and of the Holy natural appearance of a man. But they belong not to the world. Christ says, "Ye are not of the world, for I have chosen you out of the world. If ye were of the world, the world would love you, for the world loveth its own." There is a process by which those who have not received these things in this life can have them made applicable to them, although they have departed and gone to the other life; for the work of the Gospel is largely One of the evidences of this spiritvicarious in its character. The fun- ual birth is that it draws upon its subdamental principle of Christianity jects the forces of antagonism that is of that nature, inasmuch as Christ exist in the world: Therefore they died vicariously for the sins of the who live godly in Christ Jesus have world. Hence the Apostle Paul, always been treated with scorn, conreasoning on the validity of the res- tumely and injustice by the world, urrection as a vital fact, as a true because the two spirits cannot amalChristian doctrine, was endeavor-gamate. The spirit of the world and This introduces the fact that the ing to show those who thought oth- the Spirit of Jesus Christ differ esadministrator must have been erwise the fallacy of their position, sentially in their constituents or called of God, "as was Aaron;" and he said: "Else what shall they elements. otherwise he is not an agent of the do which are baptized for the dead, Savior, not being authorized by if the dead rise not at all; why are Him; and if he is not, then one of they then baptized for the dead?" the parties to the transaction is not This he gave as an evidence of the represented and is not bound by the resurrection of the dead almost in conditions of the observance, and has no lot nor part in the matter, for He has not performed it. The position is that he who receives the ordinance takes it in his own proper person, he who administers it (Christ) does so by the agent whom He has empowered. This is according to the principle enunciated by the Savior when He said it is the same whether His teachings were uttered by Himself or by the mouths of His servants whom He has empowered. these words: "Why do ye work in Hence you view an ordinary man of the world. He may be moral, but he is governed almost exclusively by his environments. Not so with him who has accepted Christ and possesses His Spirit; for there is something within that guides him. He is governed from above and internally; he is not of the world; his ways are distinctive from those who surround him. A true Christian Baptism for the dead was a doc- is considered by the world trine of the primitive Church of as being largely in the nature because a fool, he does Christ-when it existed in its purity of and power, and it has been revealed not, as a rule, exhibit what is esas a part of it in this generation teemed to be the wisdom of the through a Prophet that God raised world. It is folly for men to proup to usher in the last dispensation fess to be Latter-day Saints and of the fulness of times. That is the seem all the time as if they wanted reason why the Latter-day Saints to seize the earth and hug it to their This ordinance of baptism has an build temples and travel over the hearts, as though they loved it bet application to all accountable be-earth in order to obtain genealogical ter than the things of eternity. ings, and its universality is a power- information regarding their progen- Such men may run well for a time, ful evidence of its correctness, re-itors, that they may go into those and may have the excuse to offer sides its harmony with the sacred edifices and do a work that they must see after temporal Christian system generally; for for the dead which the latter are un- things. This will not justify an Christ, as I have said, preached able to perform for themselves. exclusive devotion to matters of to those who had lived upon the earth and had not received If the doctrines of Christianity that nature. There is now before were not universal in their applica- the Elders of the Church of tion there would be in them a lack Jesus Christ of Latter-day Saints of beauty, harmony and comprehen-a world, which sivenesss; they would fall short of has not yet heard that God that which would take within the has spoken from heaven; that folds of salvation the whole of the the dark clouds of superstition human race, in time or in eternity. which have overhung the earth as a canopy for ages have at last been broken and that the sunlight of revelation has come from heaven like a voice in the wilderness crying unto the people. In the wilderness because the light having come "the darkness comprehendeth it not," although it shines in the midst of the gloom. It is our duty to place our affections but meagerly upon the things of the world, but lavishly on the truth as it is in Christ, seeking to be filled with the love of God, which includes the love of humanity. the Christian rite which I have been endeavoring to define. He had preached to them, and His servants who are authorized and have gone behind the vail also preach to those who are disembodied and are in the spirit world. They preach to them the theory of the Gospel, and they likewise must receive the ordinance of baptism for the remission of sins, that they may obtain also the baptism of the Holy Spirit. As Christ said, "Except a man be born of water and of the Spirit, he cannot enter into the Kingdom of God." Not to dwell further on this ordinance I now come to what is called "the birth of the Spirit." Christ defined it in beautiful language: "The wind bloweth where it listeth and ye hear the sound thereof, but know not whence it cometh nor whither it goeth; so is every one that is born of the Spirit." sin-laden A minister of Jesus Christ who is The similes or comparisons made duly empowered and authorized by by Christ are the most beautiful and revelation to act in His name has pointed that were ever applied, and power not only to preach Christ here is one that is peculiarly ap- and Him crucified and call all men plicable. He compares the opera- everywhere to repentance, and baption not only as the Apostle Paul tize them for the remission of sins, There are no people that I know did, to a burial, but to a birth. Now, but also to lay his hands upon the of who exhibit the love of God will any person inform me if he can heads of baptized believers who have more than the Latter-day Saints. enter the physical life, the life we advanced that far, bestowing with all our shortcomings; for at the are now in, except he be born into upon them the Holy Ghost. They call of duty the Elders go forth it? There is no other process, and receive that Spirit which constitutes taking their lives in their hands, if we had not been born we would them members of the Church of sacrificing their worldly concerns still have been on the other side. So Christ. They enter the heavenly and interests, going to the ends of Christ said in effect. Except ye be or spiritual Kingdom; they are born the earth without purse or scrip to born with this new birth of water into a spiritual element or atmos- make this declaration: that God bas and of the spirit, ye must stay out-phere. spoken; that Joseph Smith was.and side the Kingdom of God;for no man How shall we discover those who is, a Prophet. It is true that such can enter it except he "be born of have undergone the new birth? statements seem marvellous and water and of the Spirit." It is ab- Are they discoverable in the midst absurd in the ears of the surd to lay down a proposition to the of the world? Christ said they effect that being born of water and were, although not changed in perof the Spirit has reference to any sonal appearance to any marked exother process than that of being tent, Christ himself having all the people at large; but why should I say that anything is false that is solemnly and honestly declared simply because it has not "He who ascends to mountain-tops shall Christ, Amen. find The loftiest peaks most wrapt in clouds He who surpasses or subdues mankind reached me and has not entered the Prophet-the preacher of right- BISHOP O. F WHITNEY was a When Jeremiah was called to the prophetic office, and God told him God bless to our souls' salvation the words spoken here this day is my prayer in the name of Jesus The choir sang the anthem: Give ar to My words. Benediction by Elder William C. Dunbar. CURRENT EVENTS. Edmunds Law Prosecutions. At Ogden, on the 17th of May, Frank Whitehead was arraigned on a charge of unlawful cohabitation and pleaded not guilty. Otis Terry, who was arrested in Sanpete County a few days ago, was brought up from the south May 15 and was arraigned in the Third District Court. He has been indicted for alleged adultery with his plural wife. He entered a plea of not guilty, and was released on $1000 bail. At midnight on May 11 Dr. O. C. Ormsby was arrested at Logan, on a charge of unlawful cohabitation. The doctor had not yet recovered He gave from his recent accident. bonds for his appearance as soon as he is able to be out. Business before Judge Henderson at Ogden May 14: The case of the United States vs. Joseph T.Johnson, unlawful cohabitation, was continued for the term. said: I have not time to preach a sermon, neither do I desire to do so, but will add a few words, by re him speak the words which He quest, to what has been said by should give him, and he was told Brother Nicholson. Those who are that men would fight against him, well versed in the Scriptures will but that they should not prevail recognize from what has been said against him; for he was as "an iron that "Mormonism" is no new thing. pillar and as brazen walls against You have heard a testimony that the whole land," and the Lord this is the everlasting Gospel, re- would deliver him from all his foes. stored in the dispensation of the Joseph Smith was also called "as a fullness of times. This is not its child" to be a prophet, and was refirst appearance on earth. "Mor-minded that his strength was not in monism" is nothing more or less himself but in that God who sent than that Gospel which Christ and him forth as an agent and instruHis Apostles preached, lived, la-ment of His mighty will. He was bored and died for. And even told that his name should be had in that day it and re- for good evil among all stored religion. The Gospel of nations. This has been largely Christ is everlasting and eternal. fulfilled. He was fought against, but It is the only authorized plan of sal- although he sealed his testimony vation, capable of exalting man to with his blood, he was not prevailed the highest summits of intelligence against, for his works live after him and glory. It was formulated in the and will go on from age to age of eternal worlds, and is a code or laws, progress and development. It mata series of principles instituted of ters not that a man may die; that God for the salvation of His chil- is not the failure of his work. There dren on this and on other planets. are living martyrdoms as well as "God, finding himself in the midst dying martyrdoms, and they who of spirits and glory, because he was live for the truth often suffer more more intelligent, saw proper to in- than those who die for it. It is for stitute laws whereby the rest might us to stand up and do the bidding of Kaute Emertson, unlawful cohabihave a privilege to advance like God, let come what may. A scien- tation, was called for trial. Defendhimself." So says Joseph Smith. tist or philosopher once said, when ant was a resident of Huntsville, and Intelligence is the glory of God. It the world accused him of teaching had served one term in the peniis His superior intelligence that that which was false: "I can wait. tentiary. He appeared without atmakes Him God. The Gospel you Centuries later the world admitted torney, desiring to plead his own He was convicted and senhave heard described is nothing the truth of the things he had case. more or less than a ladder of light, taught. We can bear our testi-tence was set for May 25. The case of the United States monies in humility, and leave the result with God. It matters not vs. Wm. A. Lewis, unlawful cowhether we live or die, so habitation, was called for trial. A live and die unto God, knowing we jury was called, but the panel was have fulfilled our missions, shaken exhausted when six jurors had been from our shoes the dust of responsi- obtained. As the offense was but a bility, and are free by our faithful misdemeanor, Mr. Evans thought ness from the blood of this genera- six jurors would be sufficient. The tion. One of the greatest qualities defense consented, and the jury was After hearing the evidence of human nature is the willingness sworn. to wait, the power to endure to the a verdict of not guilty was reend, to stand by the truth and trust turned. of intelligence, of principle, by which man, the child of God, may mount step by step to become eventually like his Father. It is as old as eternity. Its truths had no beginning, and they never will have an end, we in God for the outcome. These are their stay, and when the leaden world Nor is there anything new in the treatment which men receive who preach this Gospel. Byron says that history, with all its volumes manifold, hath but one page," and the experience of this people, compared with that of the ancient people of God, certainly bears out the assertion. It is a repetion of the history of those who have in all ages proclaimed God's truth. When He puts His finger upon a man and appoints him to minister for the benefit of mankind, that man immediately And brute strength, like a scornful conbecomes a target for persecution. He is singled out to be shot at by the jealousy, the detraction, the hatred and hostility of the world. Nor is this true only in religious matters. It is the fate of the philosopher, the poet, the inventor and the discoverer; and it is the fate of Sets it hard face against their fateful queror, Clangs his huge mace down in the other The inspired soul but flings his patience in, The case of the United States vs. Hans J. Nielsen, unlawful cohabitation, was called for trial and a jury empanneled. After hearing the evidence for the prosecution the jury returned a verdict of not guilty under instructions of the court. The case of the United States vs. The following business was transacted in the First District Court, at Ogden, May 15: United States vs. Jonah Evans; unlawful cohabitation; verdict of guilty. Sentence set for May 25. United States vs. Gustaf Gustaveson; verdict of not guilty. United States vs. Cornelius Evans; verdict of not guilty. United States vs. James Leishman; verdict of not guilty. Mary E. Briggs pleaded guilty of adultery; sentence was suspended. Miss Lena Jensen and Mrs. Matilda Hancock were arraigned for contempt of court in not having obeyed subpoenas in the Jonah year ago; and that he held the office The former stated that she had understood that the marshal was to pay her way; that she had come to the depot at Brigham City but had not found him. She had no money and she returned to get some. In the meantime the train left. She was excused. The latter stated that she and her baby had been sick, and that she had no way of obtaining her fare down, and that under the circumstances she had not thought it wise to come. The court explained the importance of obeying subpoenas, and by consent of the prosecuting attorney Judge Anderson's Attitude. During the past week court has been in session at Beaver, Judge Thomas J. Anderson being on the bench. There was considerable business before the court, and the judge ordered that the opening hour be 8:30 a.m. instead of 10 a.m., as heretofore. cause of his imprisonment was having two wives. He served 30 days Judge Anderson then gave the for the costs in his case, in addition prisoner a lecture about the bad(?)ex- to filling out a four months' term. ample he had set to the community, and wound up by imposing the full penalty of the law-six months' imprisonment and $300 fine and costs. Franklin W. Young, of Sevier County, was the next "Mormon" to In reply to appear for sentence. Judge Anderson's inquiries he said that he married his plural wife in 1861, before there was a law against polygamy, and that her youngest After the impaneling of the grand child was nine years of age. The judge then proceeded to lec- jury, Judge Anderson gave his ture the prisoner-after he had in-charge, from which the following is quired as to his intentions for the taken: future and received the same ansMary Eskelson, fornication, was dis-wer as that given by Bishop Arthur, that he had no promise to make and gave it as his idea that the law had prescribed a very light penalty for those who lived with two wives in obedience to what they believed was a command from the Almighty, and closed his speech by imposing the full sentence allowed by law. allowed the witness to go. The case of the United States vs. missed. The cases against Hiram Bowman, one of adultery and two for unlawful cohabitation, were dismissed. The following matters came before Judge Sandford May 15: United States vs. Otis L. Terry; adultery; defendant arraigned and pleaded not guilty. lary; jury returned a verdict of guilty of housebreaking; to be sentenced on May 18. United States vs. Alonzo E. Hyde; on motion of counsel for defendant, set for trial May 23, subject to District Attorney Peters' showing. May 20 was fixed for passing sentence upon Joseph Dean, who pleaded guilty, a short time since, to unlawful cohabitation. Judge Sandford said he would postpone judgment until Judge Anderson came from Beaver. Mr. Moyle suggested that there had been no trial, as a plea of guilty had been entered. Judge Sandford replied that it was a matter of courtesy to Judge Anderson, that as the case had been commenced before him he should also end it. During last week the following business was transacted at Beaver before Judge Anderson: A. R. Whitehead was tried on a charge of unlawful cohabitation, and the jury rendered a verdict of not guilty. The case of unlawful cohabitation against T. J. Jones was reported as ignored by the grand jury. Bishop C. J. Arthur, of Cedar City, Iron County, was arraigned on an indictment charging him with unlawful cohabitation, and pleaded guilty. He waived time for sentence. On May 16 the following occurred James Sorensen was arraigned on Released From Prison. On May 14 Hans Nielsen, whose the penitentiary. He has served a May 16 three "Mormons" were re- On May 16, J. B. Reynolds and August Swenson, who were sentenced at Provo for unlawful cohabitation, were released from the penitentiary, having served their terms and paid the fines imposed. "You should first inquire in the case of every person imprisoned in the jails of the district on a criminal charge and not indicted; also, into the condition and management of the public prisons within the district; and into the wilful and corrupt conduct in office of all public officers of every description within the district: and I especially enjoin upon you the duty of investigating all violations of the law of the United States against bigamy, polygamy and unlawful cohabitation. "It is perhaps proper that I should caution you against a certain class of persons to be found in almost every community, who, in case of difficulty with a neighbor, seek to have him indicted for some offense, however trivial it may be, for the purpose of annoying him and putting him to expense and trouble in defending himself from the charge. They will seize on any act of his life vestigation that is a technical violation of the "I do not give you these instructions with reference to the law His attorney, Mr. Dewey stated that Mr. Arthur had given no Brother Thomas Chamberlain, trouble to the officers, and caused the government no expense. On Counselor in the Presidency of against bigamy, polygamy, unlawlearning there had been a warrant Kanab Stake, was released from the ful cohabitation and adultery. But issued he had give himself up, and "pen." May 17, having served with regard to these crimes you cannow that an indictment had been a sentence of six months for unlaw-not be too diligent in your investifound had pleaded guilty. ful cohabitation. He also paid fine and costs amounting to $320. District Attorney Peters stated to the court that the officers had been searching for the defendant. Mr. Peters' statement was untruthful. The court then questioned Bishop Arthur as to his family relations and was informed that the defendant was married to his plural wife 12 On May 20 John Welch, of Paradise Cache County, emerged from the penitentiary, where he has been confined for four months, for living with his wives. tions, and should indict in all cases where there is a reasonable chance for conviction. The notorious indulgence in this class of crimes by large numbers of the inhabitants o this Territory, under the pretense of religious sanction, has long been a public scandal and has wrought F. G. Ralph, of Hyrum, Cache more injury to 'the people in preCounty, was also released. The venting immigration and the devel opment of the resources of the Ter-calities named-notably in Brown Returned Elders. you can get Doctor's certificate for transportation, put body in metallic case and personally accompany it to Information was Salt Lake City." also asked concerning the disease and length of time Elder Collett was sick. We have not yet learned whether the body can be brought home. At last accounts there was some trouble in getting word to Elder Rogers. news regarding the sad affair will be anxiously awaited. FROM ARIZONA. Further The opinion of Elder Parkes is that in the future the mission in Apostle Thatcher has written to those parts will be attended with greater success than has been the the young man's grandfather in other relatives case thus far, as the people are Smithfield, and seemingly becoming more anxious doubtless ere this have been made to, investigate the Gospel. After intormed of the death. The father Elder George W. Wadsworth, of leaving Ohio he proceeded to Wet- and a brother of the young man live Panaca, Lincoln County, came zel County, West Va., and there in Uintah County. to this city May 14 upon his rewas well treated by the residents, turn from a mission to England. who were found most ready to reHe left Utah on October 12th, 1886, ceive the instructions imparted to first went to the Sheffield Confer- them. Elder Parkes went to the ence and there remained about Pennsylvania Conference, on the eighteen months, under the presi- 13th and 14th of April, and was then dency of F. S. Bramwell; afterwards released. He informs us that he of Henry Walsh. From Sheffield baptized thirteen persons during his he proceeded, in June, to London, absence. He has greatly enjoyed and had there labored ever since, his mission, and is now in first-rate with the exception of four months health and spirits. spent in the Brighton While in Sheffield Elder Wadsworth and his co-workers met with considerable opposition, but no acts of violence were resorted to. Sixteen persons were baptized. In London, under the presidency of Elder Ballard, the missionaries on several occasions were opposed, and two or three of their meetings were broken up. The Elders labored chiefly in the streets and parks. At Brighton they were received most kindly, and all the meetings were well attended. district. Elders John Morgan, of Goshen, and W. G. Adamson, of Tooele, returned at the same time as Elder Wadsworth, both on account of illhealth. The former had been laboring in Wales and the latter in Scotland. In relation to Elder Morgan, the Millennial Star of April 29 has the following: "Brother Morgan arrived here in the latter part of 1888, and was assigned to the Welsh Mission, but his health failing, he was honorably released. We regret that such a step was necessary, for the labors he was performing as a missionary were entirely satisfactory. Our prayers and blessings accompany him, and we trust that he may live long upon the earth to assist in building up the Church of Christ.” Policemen Prosecuted. Complaint was made May 20 by Mrs. Newton against Officers Pratt and Cummock, for an alleged as sault on Dr. Newton, at the time the latter was arrested for being drunk and disorderly. The officers were released on a news The DESERET WEEKLY comes regularly to this office and to say that I am well pleased with the magazine is not enough. It is almost indispensable to every Latter-day Saint, especially those who hold the Priesthood. If you would make one more improvement it would be quite a boon to many subscribers, and that is, trim the edges, and so save us John Nesman also made com- from tearing aud mangling the plaint against officers Malin and leaves in trying to cut them. Every Pyper, charging them with as- subscriber should get his numbers sault at a time when he was re-bound in book form, and preserve them for the future. It does sisting arrest. not require many years to greatly enhance the value of paper or magazine. How difficult it now is to procure copies of the Nauvoo Neighbor, Times and Seasons, and other early Church publications, On May 18 the dispatches con- and how interesting they would be tained the announcement that a today. With what interest we would branch of the "Mormon" Church read of men of whom but few rehas been broken up in Clay County, main with us now; some have Alabama, and the Elders and many been martyred for the Gospel's sake, of the converts forced to leave. This some, having attained high honors mobocrats by who in the Church, have peacefully "indignant passed behind the vail; and a few, sad to say, have turned from the truth and have become bitter persecutors of the Saints. History is being made today, and many whose names are now hardly known will step into the place of others who was are Alleged Mobbing. done proclaimed as Another Decision Reversed. The Supreme Court of the United States has decided that the clerks of district courts in this Territory are required by law to convey into the treasury all fees and emoluments earned and received by them in excess of $3500 per year. The decision was rendered in the case of the United States against Oscar J. Averill and his sureties, reversing the decision of the Supreme Court of Utah. will soon finish their work on earth. This part of Arizona seems destined to become a veritable garden, having a productive soil, a fine climate, and a good market for the products of farm and vineyard. All fruits do well except oranges and lemons, which have not as yet been planted here. Olives, pomegranates, figs, grapes and other fruits common in Utah do extremely well. Rosebushes and other plants remain green all winter, while oleanders and pepper trees, also green during the winter, and the magnificent fan palms and gigantic cacti, give the country a truly semitropical appearance. Elder H. G. Parkes, of Nephi, Juab County, returned on May 10 from a mission to the Northern States. He left Utah on May 2nd, 1887, and first went to Pittsburg, where he remained for about a month. He was next assigned to the State of Ohio, and labored chiefly in Hamilton, Brown and Clinton counties. There he continued for some fifteen months, baving as his co-workers Elders David McMullin, Edwin Bodily and J. A. West. This being almost a new field (not having been visited by missionaries for nearly forty-five years), the The health of the people is exwork was attended in the outset cellent; there is no diphtheria or with some little difficulty. For the Word was recently received by chills to dread, and but little rheufirst eight months of their sojourn in Ohio the Elders did not make Apostle Thatcher by wire, dated matism. If the Saints were in posmany friends, but as they became Mexico, May 6th, stating: “Elder session of this land they would Will bury soon make it blossom as the rose; but better known they were hospitably Collett died last night. treated by the people. There him unless otherwise directed," that trait does not seem to characterize non-"Mormons" as a rule. was not, however, much spirit of and signed "John D. Rogers." The following was sent by Presi- They are too unsettled; too eager to inquiry manifested. The "White Caps" are in strong force in the lo-dent Woodruff in a dispatch: "If run after every new mining excite Death of Elder Collet in Mexico. The Logan Journal of May 11 contains the following: mistakes. ment; too anxious to "make their too vile to be repeated in print); stake," and then squander it or a few days before I saw Hendry at carry it out of the country. Well, old man Hull's house; he told me all men have a right to choose their that he had seduced my sister and own path, so no one need worry defied the whole Hale family to pre. about other people's "stakes" or vent him; "Me and Mike are heeled for you and if you bother us we will blow the tops of your heads off," he said; Mike was his brother; up to this time I had never gone to school; before the settlement started I was engaged in grubbing sagebrush and boiling salt; afterwards I took a farm; Hendry had used words of similar import at various times, A canal is now being surveyed which will be eighty miles long, from 60 to 30 feet wide in the bottom, and 7 feet deep, to run 6 feet depth of water. It is taken from the Gila River and has about 300,000 acres of good land beneath it. It is expected to be completed in about fifteen months. SANTIAGO. GILA BEND, Maricopa County, A. T., May 10, 1889. [The numbers of the WEEKLY are not trimmed before being mailed, as our correspondent suggests, for the reason that they are designed to be bound, when they would have to be trimmed again, which would make the margin too narrow. Ed.] THE HALE CASE. In the First District Court at Ogden, the whole of the time on May 18 was taken up in the trial of Ezra Hale, for the shooting of James Hendry, in 1871. A large number of witnesses were examined in the case. For the prosecution, the mother of the deceased testified as follows: I remember the shooting of my son; I saw James Hale and Ezra Hale; the old man fired first and the son second; as the boy passed he stooped, put his gun to his head and fired; that was the shot that killed him; I saw him stoop; the old man went first, the boy followed after the shot as he passed; we were on a visit to Mrs. Lowe; we came home; James was putting up his team, I went into the house; as soon as I got the lamp lighted I heard him say, "Who is that at the house?" I saw the old man on one side, the boy on the other; I saw the old man point the gun and I cried, "Oh, Jim, Jim;" the old man then fired first, the boy second, the father third and the boy last; Jim die next morning. cited; it was something I had never seen before; I became excited as soon as father began to talk about it; father's treatment to me was very harsh whenever I did not do as he said. The witness then detailed his father's treatment of him, which went to show that when the elder Hale was in a passion he was a very severe man. The defendant also re lated his travels during the past 17 years, most of the time being spent in Southern Utah, though for a time he was in Oregon. the three times to which I can swear, On cross-examination, the witness and other times which I can not said: When I met Hendry a week define; whenever I passed he would before the shooting he did all the taunt me with the same words; the talking, and holloed to me what he first time occurred a week before had done; it was in a neighborhood the shooting; the second soon after- well populated; it made me terribly. wards and the third on the same mad, but I was afraid of day of the shooting or the day be- man and said nothing about fore; he had spoken in a sim- it; the second conversation was at ilar way to others about the old man Hull's place; the third same time; in the afternoon conversation was with Thomas of Sept. 25, 1871, I was cutting corn Wadsworth; the first was at on the farm; saw my father; he Thomas Jones'; at Hull's place he came to me in the field; he rode up, said the same thing; I kept it to mygot off his horse and stood for a mo- self; I thought he was saying ment; he then said, "saddle your enough about it without my spreadhorse;" I said, "Where are you go- ing it abroad; I am satified I saw ing, father?" "None of your busi- Hendry on the day of the shooting; ness," he answered; "saddle your do not know he was in Ogden that horse and follow me and ask no day; I saw him, to the best of my questions:" I did so and followed knowledge, at Hooper either on the him to the house; he there gave me day of or the day before the shooting; a shotgun, double-barreled; it was al- never talked with my father about ready loaded-at least he did not it until we reached the fence on the load it before me; he had a similar night of the shooting; father then gun; he jumped on his horse and told me that Hendry had seduced told me to follow him. Witness my sister, and he would kill him then described the route they took for it; he did not say that Hendry to Hendry's house. He continued: bad refused to marry her, and We got off our horses and hitched he would kill him for that; them in the field; I did not know at my sister had been married that time what was our errand; to Wm. Lowe at Springville, father got off, tied his horse, and told me to do the same; we took up the lane until opposite the house; we then heard the rattle of a wagon; father said: "That's Hendry, isn't it?" I said "Yes," for I recognized by his voice that it was James Hendry; he then instructed me what to do; gave me instructions to go to the southwest corner of the house and watch that Mike didn't get the drop Ezra Hale, the defendant, was on him, but I was not to shoot unless also a witness, and testified-My he ordered me; by this time Hendry name is Ezra J. Hale; 1 am 36 had drove in, and his mother years of age; my father's name was jumped off and went in the house; James Hale; I lived in early boy- we then ran up to the house; I nevhood on the Weber; I lived in er saw father after that until after Hooperville; was acquainted with the shot was fired; father fired James Hendry: knew him in the first shot; Hendry was then 1871; I had five sisters at the unhooking his team; when the shot time, Martha, Jane, Lucy, Louisa was fired Hendry started to and Caroline; had one brother, run; father ran out and shot named Alvin; during September, again; he then halloed "Shoot;" he 1871, James Hendry had some con- called no name; only said "Shoot;" versation with me; we had a conversation at Thomas Wadsworth's store; I went from home to get something at the store; as I came out he met me at the gate and pushed me back, at the same time pulling a revolver around in front of him. He said: "I understand that your G-d d-d dad is going to kill me. I told him that I did not think so, but if "he (dad) said it, it is best for you to get out of his way, for he will surely do it." He said: "I won't go; I seduced your sister, and I'll do it again" (the literal language used by Hendry, as given by witness, is but had parted from him; at one time Hendry paid attention to my sister, though father objected to it; my sister objected to it after he began scandalizing her; never talked to father about Hendry marrying my sister; did not think he would marry her. and testified-I lived at Hooper in Henry Davis was also a witness 1871; became acquainted with James Hendry at the threshing machine that fall; knew James and Ezra Hale; had never heard Hendry give Ezra any message for his father; heard Hendry holloa to Ezra at the time we were at Jones'; it was just before the shooting; the words were vulgar and referred to the seduction of Hale's sister; saw Hendry early, before work, on the morning after the shooting; he did not speak; I was at Hull's one time when defendant and Hendry were present; it might have been a week, ten days or two weeks before the shooting; had heard Hendry talk at different times in the presence and hearing of Ezra about his sister Jane; it was vulgar talk, same as that before given; this occurred at almost every fresh job on the machine. I shot; Hendry fell; father was fol- Other witnesses corroborated Mr. Davis' testimony. |