vestigation by , is inadmissible) we believe, that judges, lawyers, and jurors, will not be very apprehensive that the law of the land, or the rights of the people, will suffer violence on this account.
Under the existing animosity of the inhabitants of the State of , manifested towards the church of Latter Day Saints, prudence would dictate great caution, and forbearance in the proceedings of public functionaries, relative to claims for persons or property in favor of either party, holding sacred the old maxim: “That it would be better to let ninety and nine guilty persons go unpunished, than to punish one innocent person unjustly.”
Concerning the whole matter, we believe that the parties are entirely innocent of the charges alledged against them; and that the whole of it is a wicked and malicious persecution. But it may here be asked by some if they are innocent, why did they not apply to the master in for a writ of habeas corpus, present themselves before the Judge of the district court, and prove themselves clear?
First, we would answer, that the writ of our municipal court was treated with contempt by the officers, and it would have been dishonoring our municipal authorities to have acknowledged the insufficiency of their writ, and to have let our city charter be wantonly trodden under foot; and that could not have been enforced without coercion, and perhaps employing military force, which under the present excited state of society might have been construed to treason.
In the second place, if they appealed to the district court it might have availed them nothing, even if the Judge felt disposed to do justice (which we certainly believe he would have done) as their dismission would rest upon some technicalities of law, rather than upon the merits of the case; as testimony to prove the guilt, or innocence of the persons charged, could not be admitted on the investigation on a writ of habeas corpus, the question, not being, whether the persons are guilty or not guilty; but merely to test the validity of the writ; which if proved to be issued in due form of law, however innocent the parties might be, would subject them to be transported to —to be murdered.
Upon the whele [whole] we think that they have taken the wisest course; we have no reflections to make upon their conduct, and shall maintain unshaken our opinions unless we have more light on the subject than we now possess. [p. 889]