Territorial courts Criminal law in the Waite Court

a group of imprisoned polygamists, including lds apostle george q. cannon

the waite court heard 9 criminal appeals territorial courts, majority of them arising prosecutions of mormon polygamists in courts of utah territory. reynolds v. united states (1878) rejected 6 challenges polygamy conviction: territorial grand jury statute provided fewer members grand juries in circuit courts; violated impartial jury clause seat juror opposed polygamy; cause challenges improperly granted prosecution; testimony violated confrontation clause; polygamy protected free exercise clause; , improper judge comment on social ills of polygamy.

miles v. united states (1880) rejected several challenges polygamy conviction. court held bigamy proved testimony (as opposed to, example, wedding certificate); question of whether evidence established guilty beyond reasonable doubt not raised de novo in supreme court; judge exclude jurors for-cause believed polygamy compelled god; late post-conviction complain first time wives not named in indictment; there no invalid variance indictment between names caroline owens , caroline owen maile ; wearing wedding dress , attending church known polygamous weddings competent evidence of marriage; incompetent testimony (proof of first marriage given second wife) given @ voir dire.

in such case, clawson v. united states (1885), court held there no right bail on appeal defendant had been sentenced imprisonment (there such right punishment fine). reaching merits same year, court held congressional statute permitting for-cause challenges of jurors believed polygamy divinely compelled applied grand juries petit juries, , marshall call second venire if 200-person venire exhausted before full jury seated.

in cannon v. united states (1885), court rejected 2 further challenges. first, court held indictment polygamy offense (which applied male defendants) need not allege gender of defendant. second, court held no defense defendant had ceased having sexual relations additional wives.

an 1885 statute governing appeals territorial court reduced possibility of such appeals. in snow v. united states (1886), court rejected polygamy appeal on grounds statute granted jurisdiction in criminal appeals if validity, existence, or jurisdiction of territorial courts called question. statute did not preclude jurisdiction hear appeals denials of habeas corpus territorial courts. in ex parte snow (1887), court first time granted relief polygamy defendant, holding crime continuing offense, , prosecutor not increase number of counts in indictment charging same conduct on different time periods.

the court heard few non-polygamy territorial appeals. in smith v. united states (1876), court first time dismissed appeal pursuant fugitive disentitlement doctrine. in wilkerson v. utah (1879), court held execution firing squad not cruel , unusual punishment. in ex parte reggel (1885), court held territorial extradition statute—referring treason, felony, or other crime —included misdemeanors.