Show FIRST JUDICIAL DISTRICT aug 26 1859 case of turnley vs dismissed on motion of complainant crosman vs mogo tb ib john andrews admitted as a citizen deputy sheriff ell eli whipple produced the body of joseph bartholomew court ordered prisoner into the custody of the marshal and the rule tol to continue against mr wall sheriff of utah county for prison or recess court resumed at 3 p m grand jury came into court roll called two absent the foreman presented bills agreeing that court should amend them in form but not in in substance mr de wolf entered a oi A pros on two bills of 0 indictment presented yesterday nos 11 and 12 court ordered sub subpoenas penas for witnesses in in new cases to run court adjourned till tomorrow to morrow 8 a m SATURDAY aug 27 8 a in court resumed mcke mck a zie indicted of forgery was brou brought ht into court and took his bis seat at the bar prisoners attorney mr thompson filed a motion to discharge his client planting his position on the fact the indictment against him read of cedar county vicere here as he hever there resided motion overruled the ile following is 13 the bill of indictment is mckenzie down doun to the second count four counts we omit on oil account or of repetition and lack of space or OF UTAH ss 89 district court of the united states in and for the first judicial district lion hon de dc lana lanar R eckles presiding august term eighteen hundred and fifty nine veiled states of vs s I 1 indictment X D I 1 david mckenzie F FOR OR FORGERY ron GERy the grand jurors and sworn to inquire for the united states in in and for the f first judicial Df district strict of utah territory upon their oath present that dand mckenzie engraver late of cedar coun y in the territory aforesaid and within the j jurisdiction ulis diction of this district court for the first judicial district of said territory heretofore to wit on tile the eighth day of july in the year of our lord one thousand eight hundred and f fifty nine did feloniously and falsely make forge and counterfeit a certain n written writt enand and printed papery paper in imitation of and ad pur purporting r ar to 0 be a check drawn on the assistant treasurer of or the united states at st louis loins missouri which norich forged cheek check is 13 i partially NN written and partially pi punted anted ata and I 1 is in the words and figures figure following vj viz t CAMP FLOYD U T january 31 1859 1839 no assistant treasurer odthe of the U VS S tit st louis pay to alexander foster or order three hundred and a sixty seven dollars and sixty five cents G IT II deputy Q ba M general treasury of the V U S i libert liberty y 5 W 67 63 65 which said check the aforesaid david mckenzie feloniously did falsely male make iorge forge and counterfeit with intent to defraud the united states and against the statute ill in such case made and provided the traverse wry been duly sworn and heard the full testimony the counsels counsel s arguments ar gu ments and the clear comprehensive instructions of the court and at af 1 ter a retirement of one hour returned with a verdict sustaining ining the indictment the court chose choke to defer judgment until monday the on account of the illness of prisoners attorney MOND MONDAY AT am a m motions called tor for mr thompson moved that in in the case of mckenzie the verdict be set aside and a new i ew trial ordered the ground of the motion being in that during the trial the jury had scattered tel e and one juror had singly been in in custody of an officer also the prosecuting a thorney attorn oy had in an unlawful fol manner communicated with the jury the court ordered affidavit made of the facts set forth mr thompson moved that in in the case of C A perry co vs mcneil and gemmel a be issued to compel the heirs of mcnell mcneil deceased to appear in in cause mr dewolf de moved a discharge of r cog ances of all witnesses in the case of the people vs mckenzie which discharges were entered ty by order of the court edward oakey and mr findlay were made citizens of the united states 2 ap p in en thomas Midgle and jonathan midgley were admitted as citizens of the united states mr Thomp san renewed motion that the verdict be set aside in in the case of the people of the united S ates vs mckenzie mr thompson filed affidavits of mr W wallace on separation of jurymen juryman jury men during the trial etc at mr J bigler and marshall kirk on jury being in charge of an officer and 11 11 regular cornmon commard cation of prosecuting attorney with theau the jury etc motion argued and overruled by the court sentence pronounced as follows it is therefore considered that for the 0 lence for which you have been found guilty you be imprisoned at hard labor in the penitentiary of this territory for the term of two tao years and maxe maice your fine to the united states in the sum of 50 00 and that you pay the costs of this prosecution taxed at dollars and cents and I 1 order that the marshal for the territory carry this judgment into execution with as little lelay as practicable by delivering the custody of the keeper of the penitentiary the said david mckenzie there to be by him kept and detained for the period aforesaid and that the plaintiff have execution for the fine and costs assessed R ballantyne was made a citizen of the united states traverse jury were discharged from further attendance on the court during the present term the grand jury were brought into court and in like mariner manner discharged the court ordered that witness esa ess already under recognizance should renew them to appear at next term of court court adjourned till tomorrow to morrow 7 a in tuesday Toss BAy aug 30 8 a in the recognizance of L wood was discharged the judge announced that as the grand jury had been discharged discharge dp he would now sit as committing magistrate to examine wit I 1 esses ile he then proceeded to examine witnesses during the day and adjourned to friday sept 2 at 8 a in august 11 at one this morning a fire broke out it in the wholesale li liquor nor establish establishment adleat of S roy S E boyle ae co which was enair entirely I 1 de de i 8 Bt t royed ed loss loss about insure insured for the fire extended to the warehouse jofs of S N pike wholesale liquor dealer was partially destroyed loss losa insured 10 and to crane breeds manufactory aan of metallic burial cases loss about 0 our reporter furnishes furnis liea us lis with an abstract of Kirla bulls sermon se the tabernacle ile he can hardly be accused of taking any of ahe ili muil out of it |