Poylgamy Considered—An Interesting Case of Double Marriage—The Second Wife Refuses to be Separated by the Order of the Court—Polygamy to be or not to be Sustained—The Soldiers in Question—Judge Kinney’s Removal—Indians in Trouble in Idaho.
From Our Special Correspondent,
Salt Lake City, W. T., May 18,1868.
During the excitement over the first tangible at-tempt to interfere with the double marriage rela-tions of the "Saints," I thought it better not to write, lest in the midst of multifarious rumors, I might be misled and mislead others. Now that the belligerents have been cooled by other occupations and the battle-ground can be surveyed, I think the affair may be written and probably studied outside of Utah as well as here. The case which caused a terrible commotion here for the last two weeks, was inaugurated by the claim of a Mrs. McMillen, for the possession of her daughter, Agnes Lowry—a daughter by a former husband, whom she represen-ted as being still a minor. The introductory of the legal portion of the case is briefly thus: Mrs. Mc-Millen had abandoned the faith and gone to the camp, with one of her daughters, while the elder daughter, Agnes, preferred the Society of the Saints.
On the 18th of last month, she appears, from the testimony adduced in court, to have become the wife of one Ward Pack, residing at Bountiful City, about eight miles north of this city, while said Pack was already husband and father. The mother appears to have consulted with Gov. Harding, who referred her to Gen. Connor. Unfortunate blundering seems to have led that gentleman into a snare, for that which they might have accomplished by proper legal process, they only fizzled by giving their action the character of kidnapping. Ten of the California Volunteers, with the mother and an ambulance, pre-sented themselves at the new home of the daughter on the tenth day after marriage, and invited her to leave her husband, which she declined. On trying to drag her out of the house to the volunteers she called for help, which the husband and "another man" soon rendered. One of the volunteers drew a pistol and threatened, and a crowd was soon gath-ered. A funeral passing was stopped, the mourners rushed to arms, and in a short time six of the ten volunteers were seized and placed under arrest or breaking the peace, the four others and the mother escaping.
The mother, shortly after, made application to Judge Drake who issued a writ of habeas corpus and placed it in the hands of soldiers, says The News, who, though in citizens dress, failed to get the said Agnes. The volunteers alluded to, ob-tained from Col. Evans their furlough for the day, and when arrested, informed him by letter of their detention, where, and what for, and gave the citizens to understand that they were there by the Colonel's order to take the young woman "dead or alive." The Colonel, at the examination of the men arrested for attempting to kidnap the daughter, closely questioned the mother and insisted upon the answer to the inquiry of, who rendered her aid, to which site made the damaging avowal:
"I applied to the Governor to get some assistance to fetch my daughter away, and he told me to go to Gen. Connor, and he (Gen. Connor) would send with me such confidential men as were necessary. I accordingly went to Gen. Connor, and he said that he was willing that men should go, but they must go in citizens' clothes and said that I might choose such con-fidential men as I desired. They went as citizens, and I re-ceived my orders from Gen. Connor, with permission to choose such men as would suit me, and such as were willing to go as volunteers." The case was then settled in the minds of the peo-ple. Col. Evans is a gentleman of revolutionary stock, much respected in California, and a brave soldier. His determination to clear himself from all complicity in the kidnapping business has been warmly applauded everywhere by the citizens, and many officers and men who detest the war party, join in their expressions of approval.
The writ being then placed in the hands of the U. S. Marshal, Agnes Lowry was forthcoming and ex-amined. The whole proceedings establish that Ag-nes Lowry was satisfied to be the second wile of Ward Pack, and would not leave him on any claim of her mother. She said she was one day over 20 years of age when see was married; did so of her own free will and choice, and was "of age” to judge in matters affecting her family connection. The Judge, after hearing counsel, read his decision, which terminated thus:
There are circumstances surrounding the marriage of the respondant to Agnes Lowry which cannot be overlooked. It is alleged that at the time of the assumed marriage to Agnes he had another wife, with whom and her children, several in number, he was living and cohabitating. Proof that the re-pondent, was, before the time of his assumed marriage to Ag-nes, cohabiding with a woman whom he called his wife, and introduced her as such; and that the same woman was living with the respondent at his house after the assumed marriage to Agnes, is before the Court.
To this evidence the respondent has made no reply, nor offered any explanation, he having full opportunity to do either, and having omitted to make any explanation, the pre-sumption which was created by the evidence becomes, by his silence a conclusion, and a very painful conclusion it is; for, if the conclusion be a correct one, the respondent in guilty of a palpable and a gross violation of a law of the United Stales, and under circumstances of a very aggravating character—con-sidering what has been done to bring the provisions of that law to the knowledge of this people. The Court is impressed with the belief that there is not a male inhabitant in the Ter-ritory, who has reached the age of discretion, who is not familiar with the provisions of that law.
If the status of the respondent was such at the time of the assumed marriage to Agnes Lowry, he violated the provisions of that law—then the assumed marriage to Agnes Lowry, however solemnly performed, was wholly and totally void, and the Court is by the evidence impelled to this opinion.
Therefore the decision of the Court is, that the custody and control of the said Agnes Lowry belong to her mother, Agnes P. McMillen, and not to the respondent, Ward Pack, and that the said Agnes Lowry be placed in the custody of her mother, Agnes P. McMillen, the complaintant, and the Marshal is here by ordered to carry the decision of the Court into execution.
Marshall J. L. Gibbs thereupon proceeded to do so, and informed Mrs. McMillan that she could take her daughter, and that the daughter could go with her mother. The daughter openly refused, and de-clared death preferable, whereupon her husband, Ward Pack, walked up in open court, took again his wife Agnes, and they left the building together.
Gen. Connor, with a company of cavalry, left last week for Soda Springs. A company of infantry' for the same place left on the day preceding. There is a report of the Indians having a serious difficulty with the whites in the new Territory of Idaho. There is no doubt a fight on hand; the aggression, as usual, will turn out to be work of dastardly gam-blers who infest that country. If the Government would order the hanging of that crowd of rene-gades, there would be very little difficulty with the natives.
Capt. Samuel N. Hoyt, of the 3d Infantry, Cali-fornia Volunteers, left here for the seat of war a few days ago. The Captain is a fine officer, and with his company did very effective service at the battle of Bear River. He outflanked the Indians and decided the battle. He is a soldier of Mexico, and is tired of idleness at Camp Douglass. Me bas the promise of active service in the East, but goes first to Illinois, his native State.
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