Show A CHARGE orally delivered by ron hon john cradlebaugh to the grand jury provo prove tuesday tu c aday march 8 1859 11 OTO I 1 will say to you gentlemen of the grand jury that from what I 1 learn it has been some time since a court having judicial cognizance in your district was wag herd held no person has hag been brought to punishment punishment ment tor for some two years and from w what at I 1 have learned I 1 am satisfied that crime after crime has been committed there is is no such effectual way of stopping crime no means has been found foun so effect effectual ua I 1 and sure as the speedy punishment of the of L fender therefore so far as you are concern t ed and your community comm community unit it is is a very imbor f tant matter it you desire innocent and unoffending persons to be protected that you vigilantly and diligently prosecute all peri sons boi s who A ho are violators of the law I 1 will before I 1 close the remarks that I 1 intend to make make mention of certain i crimes that have committed I 1 mil make mention of certain of fences that I 1 am ce tain have been committed vigilance is is therefore necessary in ill consequence of the legislature not having provided proper means there is not that did at given git en that is desired to enable the judiciary jadi ciary to prosecute its duties but I 1 will mill i say that the legislature in my opinion ha e legislated to prevent the judiciary from bring iino ing such couch offenders to justice i I 1 1 believe that outside of this territory v here they have a legislature at all is ls no place put but whit m hat has a provision proa ision of that ld committing crimes can call be ai rested brought before tribunals commit I 1 ted to prison and detained until the leaving can try them such pro i vision does not seem to be made here there then I 1 is is no legislative enactment that seems t authorize a justice of the peace to commit a accused of cri crime me t to prison I 1 fini find person teron that at a party may be arrested vo r ht a justice of the peace and tried it if it is a case cas that he has jurisdiction over but if it is i crime or case that he cannot try there is i vision that he can be taken to the cour Eio Elo abing jurisdiction arid and be tiled immedi abely from the nature of the district courts and they are the only courts having anmina d jurisdiction they are designed to and tryall criminal cases but the officer ha no authority to detain a person in his cus 0 tody but lie he is immediately to take him be e fore acourt and try him but a court cannot always be in in session this thi e legislation was perhaps to take away their y criminal jurisdiction to prevent those cases case t getting into that court which is the court that has jurisdiction y the they Y have provided the probate court Courts r with er criminal in nal jurisdiction and it would woul e seem that the whole machinery was made s t that they should be brought before that tha court and tried and the fact that there is n additional legislation to provide for y them before this court proves that it was wa e done to prevent a I 1 will say that the probate court can no criminal jurisdiction under the organic e act that court is 13 confined that organic g act provides for Sup suplene Supie leme me district and pro s bate courts and for justices of the peace e the organic act operates upon the legisla e tion of the territory the legislature ar e bound by that organic act in in their le legisla it tion that organic act also says that alel thes s courts shall be as aa limited by law but it i s not to be presumed because it says that th s jurisdiction of these courts shall be as limit y ed by law that the legislature shall extend exten f it when the organic act says there sha 1 be a probate court with certain powers pov sers e is not reasonable to suppose that the legis legi g i lature shall go and extend those powers they might as well give 1 to the district courts as to give jurisdiction to the probate courts when the organic act says the j i tion of the probate court shall be as ai limited limite s by law it means that they shall be a d it is is understood as limited by the laws y the united states it seems seema that the tha legis 10 lature ha harvested vested tl them em with criminal burr it diati diction ty t prevent the 1 e district court aroi y having v of this thia kind to do tl reasons for this legislation it is is not my ol ob elect lect c t to speak of at present we say gay the n have a ve no power to do so id the fact of a person hiving having been ie that court is no DO bar to his coming ay iy this it is no more bar than it would be if r e had been brought before a vigilance colim y tee ill in california any person suing ailing in in th it coit court rt m would bo be liable in a civil action f damages I 1 do this to impress upon you the of the district district court carrying out its jurisdiction burls and punishing criminals at t the I 1 last session of the legislature I 1 understand that a code commission was appointed to revise the laws and I 1 hope that they will take taka this subject into consideration and make such provision as will enable the court to do its duty there is is another general matter to which I 1 wish to call your attention there has been another attempt to destroy this thia coutt to destroy its usefulness to bring the judge and the bu business siness of the court into disrepute before the people even to bring the jurors juror into disrepute there is no question about this I 1 read it in the deseret nets the organ organ of the church in that the judges and the hie membris dembei a or of the bar aro are abused in all kinds of language in a manner banner that is calculated to injure them before the people and in in that organ also the jurors are abused and spoken of in in language that is 19 calculated to influence their minds I 1 say these things are in in that paper the only one published at the time in in the territory and I 1 say it is proper for me to mention these thin things these lie e things were enforced by one mho was a at t that time the governor the executive of the territory when you see eee a per son of that kind who mho to Is bound to enforce law using language of that abusive character the court thinks it is within its province to repel such insinuations as are there cast upon it so far as the attorneys are concerned I 1 feel compelled to say that such assertions sert ions as are there made are not true with regard to the jurors who are selected from the community for their good moral character I 1 say it is proper for forvour you to disregard all outside influences I 1 understand thattie person who mho was then the executive had a suit sait in in the court arid and because lie he coull coul I not male get et the control of the minds of the jurors brors he made those remarks I 1 speak of it because it was vi as an effort which was made to bring an influence to destroy the independence of the I 1 jurors brors and to destroy the efficiency of the cobit these having been made to destroy your efficiency you should manifest that you are riot not to be governed by these outside I 1 influences flu ances that are brought to bear and operate upon the minds of the community I 1 said to you in the outset that a great number of cases had come to ray my kanom knowledge ledge of crimes having been committed through the country and I 1 shall take the liberty of naming a few of them the persons corn those of fences have haie not been prose buted the reasons why I 1 cannot tell but it strikes me that those outside influences prevented it it if you do your duty you ou will not nol neglect t to oin inquire ire into those matters or al low the of lenders to go unpunished I 1 mi mention th the n mountain meadow murder m where here a u whole hole train was cut off except few children who ubo were too young to give evi dence in court it has been claimed that this thi olence offence was committed by indians but there then is evidence that there were others who m wen eai engaged aged in in it besides when the indians c commit omm it crimes crimes they ar not so discriminate as to save children the would not be so particular as to save th children and add kill the rest I 1 say you ma look at all the cr crimes imes that pit have been een committed in the western country by the indi ans and there is no case caka where they have hav been leen so careful as to save the innocent child ren but it tins be not enough w e have evi dence to prove that there were w ere others there ther en engaged a ed in in it X A large arge body of persons leaving cedar ceda city cit armed and after getting away aw ay m were ere or danied anizel ani zed and went and le turned with th spoil now there are persons who mho that hat there were others engaged in in the crime I 1 brought a young min man with me who saw sav persons go out in wagons with ith arms others other to on oil horse horseback ack were away a day or two an came back with the spoil th the e indians indian complain that in the distribution of the pro perty perly they did not get their share they seen seem to think that the parties engaged with them thee kept the best and gave thern them the worst the th chief there Kano Kaii oh bh is is equa equally ily amenable t law and liable to be punished and I 1 it la is well known that he was engaged in as slating to exterminate the hundred persons person that were la in that train I 1 might name t you persons that were there arthem of them I 1 have had named tome and yet not withstanding this crime has been committed there has been no effort made to punish those thos individuals I 1 say then gentlemen it i your duty to look after that and if it is fact that they have been guilty of that of fence indict them send for them and have hav them brought before tins this court I 1 might bring your attention to case near here at spi in ville that is th case of the Parris hes ans and potter spring ville is is a village of several bundled inhabit tants tanks there is is one young man whom it wa intended to kill ile he ran to his bis uncles an was followed to his uncles house here ar three persons killed and the criminal goe din punished uni lied A zo there can be no doubt but by the te stimon 0 young parrish that you will be able t identify those persons who were with it ile he can ml you who was engage in it and who followed him to the house c ins his uncle here are three persons that w or butchered in in a most inhuman manner an the ol offenders have not been brought to ju tice this is is sufficient t to 0 show that ahat there n lias has been an effort to cover up instead of t 1 bring to light and punish I 1 at the same place there was another per pel son soil killed henry fobbs who cune in fro d california and was going to the states bi sa s1 agot got in here m when lien the difficulties difficult les arose between betwee if I 1 this community and the general Govern men i anti and was detained when henry fobbs m we i here bere he made his home at partial terry n staid there afew a few weeks during that time h e horse and revolver vcr were stolen lie he made li i escape tried tiled to get to bridger was caught caugh y brou brought glit back and murdered and that is ft last of henry fobbs no investigation h e been made his body has been removed se e pral cral times so that now perhaps it could ni e be found shortly afterwards his horse we t traded off by terry afore is is a man slid said 1 it be killed by the indians and then his hor ir is taken by mr terry and traded for ahee it seems to mo me that these are matters UL y you ought to invest investigate ate fobbs I 1 lived in in the state of illinois Illi noi lie he had bad a wife and children and w was V very anxious to get back and I 1 suppose his hia w wile I 1 7 s Is still anxious about him but as to what has become of him she cannot tell I 1 say this case ought to come under your notice anabe and be investigated and the offenders punished punish cd dont let them go u unpunished it u it 11 d 1 hen there there was henry jones that was murdered up here I 1 believe he was first castra ted up in the city then went to payson was chased to pond town lown and was shut shot there it is is said that he committed some offence offense but it if persons do commit of fences the public have no right to take the law into their own hands they have no right to take persons and punish them I 1 understand that he was castrated cast rated thit that lie he carne came down here that he was killed and the house in which he and his mother had bad lived was pulled down there is another matter to which I 1 wish to call your attention A few days day s before the matter of the murder of the Parris hes and potter the stable of parrish was broken into and his carriage carriaga p and horses were taken out this was done in the night these horses I 1 have never been rf turned returned that w oman the wite wife of mr Parrish told me that since then at times she had lived on bread and water and still there are persons in in this community riding about with those horses mr lyean Lysan der gee has those horseshoe hors eshe says that a few days dai a after they were stolen they were given to him and thit that he was directed to give them to no person whatever now it is a strange kind of matter that persons persona should go to parrisis Parris hs break open his stable and rob him and then take the horses to mr lysander gee and tell him to keep them it does not look reasonable it would look more reasonable to suppose that mr lysander gee was w as engaged in in it him himself selfo arid and it is 19 an outrageous thing that this w woman oman one ot of whose children was killed with w ith her husband has been obliged to live in the very dregs of poverty I 1 say brin bring g that man up and compel him to restore those horses and fi give ve the property bark to hir and do not allow w her to live in poverty while others are riding about the country here with her husbands property propel tj young mr parrish parash is is liere here it if the grand jury desire to have him they can use him as a witness it is not pleasant to talk about these things but the crimes have been committed an and it if you desire you can investigate them my desire is that the responsibility shall be with the grand jury and not with tile the court all the le shall be with you ou and and the question is is with you ou whether lother you m will ill bring those persons to trial I 1 have hereby named those few th things in 9 8 there has been a great teal deal ot of crime committed and there is is a way to punish those mho ho have commit commuted ed them I 1 hear bear every day of cases of larceny and an officer is now dow after a number who are engaged in committing depredations A great many cases have been committed near camp floyd such as I 1 shall call the attention ot ol the territorial attorney to such as buying soldiers clothes unless you faith faithfully rully discharge your duty I 1 cannot see how you are to escape from the influence of these cases of larceny that have been committed I 1 therefore present these for the purpose pf af ha having ang you promptly discharge your duty IV ahen hen you retire you mi will ill elect your clork clerk and it is the desire of the court to expedite business you will therefore be permitted to meet upon your you rown own adjournment if time is is required the court will mill adjourn from time to time to give it to you to allow these things to pass over gives a color as if they were done by authority the very fact of such a case as that of the I 1 Morin tain meadows shows a that there was j some person high in in the alie estimation of the people and it was done by that auth authority arity and this case of the parishes shows the same and unless you do your duty such will willbe be the view view that will be taken of it you can know no law but the laws of |