Show DiScUa Bi rge of the grand jury I 1 will say to you gentlemen of the grand jury that from rom what I 1 learn it has been some bome time once gince a court has haa been held in our district by a judicial tribunal having g copi cognizance ance of criminal matters so co person has been brought to punishment for crimes committed for more than two years from what the court learns crime after crime has haa been committed there is no su it eft effectual way of stopping crimes n no 0 means have been found so effectual as the sure and speedy punishment of the of offender render so tar far as you and your community are concerned it is 13 a very important matter to you if you desire innocent and unoffending kofl ending persons to be protected that you 1 diligently I li gently prosecute all persons who are violators of the law before I 1 close the remarks which I 1 intend to make to you I 1 will call your attention particularly to certain and many crimes that F have ave been committed it is first my pleasure however to call cal your attention to tile legislation and general 1 condition of matters within the territory Terri territory tor which aich affect and operate upon the administration of the criminal laws the legislature has haa not given that aid that is desir desired ed to enable a Is the courts to do their duty beith neither er have e they provided means to carry on the courts rt si but on the contrary have haves so oleg legislated ate d a as B to embarrass em barass and prevent the cour courts t from froin brin brinad bringing gD public offenders to justice r by e 9 i in in all states st etca ind and on outside aly idl 0 of t tills this it is 13 provided b by law that commit ca I 1 be e arrested rought brought before justices of the peace deac ju judges or other committing the complaint examined into anti and if such corn committing magistrate I 1 is ig satisfied that there is a probable ba DIZ B cause of guilt emit against the accused he may commits commit or reco recognize recognise gril ize him to appear before a tribu tribunal n al harint havin competent juristic i tion to try the case such provi provision pio vision of law does not reent to have been made I 1 ile here r e there is no legislative enactment to auth authorise r a justice of the peace or other commit ting tin magistrate either to commit a prisoner I 1 or to ic ie cognize him to appear before this court it is however provided by law that crima criminals may be be arrested on oil complaint before justices e ot of the peace and it the case is is such I 1 that the justice has not jurisdiction to hear I 1 the case and pass final sentence e upon the a accused con d if the accused and person iwakiri making v tile the complaint do riot not settle the matter th then e il I 1 the justice ari v hect the constable or officer havin having custody ot of the prisoner to take inn him I 1 immediately min c yi abely to a court having jurisdiction to try the case I 1 the district courts cannot always be in in a session the officer having custody of the prisoner 0 nor has no do authority to detain him by I 1 legislation farr i lati orl however criminal jurisdiction is 13 given to the probate courts which courts are by law always open for the transaction of business the object of 0 this legislation is is to prevent crin criminal linal cases being brought into this court a and nd to direct them to tle the probate court is whilst hilst the fact is isthan that the district courts are tile the only t tribunals nals possessing criminal jurisdiction un under d er the organic act of tile the territory the probate courts can have or exercise no such jurisdiction the organic act provides for and probate courts and vests in justices of the peace limited authority auL onty it says that these courts shall have such jurisdiction as is limited by law the legislature is 13 governed and controlled by the organic law when that act provides that the jurisdiction of probate courts shall be as limited by law it means only to confer upon the legislature the aver power to vest in m them such jurisdiction as belongs to the character of a probate court the legislature are as fully autho to establish conits unknown to the organic act as to vest in those lawfully established jurisdiction unk unknown to it they can as lam lawfully fully give probate jurisdiction to the district court as they can give criminal jurisdiction to ana a probate court A prosecution before such a court is no bir to a prosecution in this and it is as illegal arid and void as it if the trial had been belora I 1 or a california vigilance committee persons persona aiding aida g in a prosecution before that coult would be liable in a civil action for damages to any person prosecuted therein no matter how guilty he might be I 1 ol 01 press upon your minds the determination of this court to assert its jurisdiction and to punish crime at the last session of the legislature legislator I 1 that a code commission was appointed to revise the laws I 1 hope they will take this subject into consideration this legislation seems seem to be skillfully ski fully drawn draw n go 0 o as to prevent the district courts froni from discharging their duties but as aa thou though h it had been insufficient to accomplish til eliat t n ni eject we find the late executive of the te tein I 1 ri toiv joining in in the crusade against the courts and denouncing the judges jurors and riera men hers bers of the bar in tle the vilest tel beims ins that too while the governor was tile the sworn executive officer of the territory sworn to take care that the laia laws s should be faithfully executed there is no question fuestion ue stion about this I 1 learn ti ese facts from a sermon of his published in the deseret news the church organ respect for my position the high regard I 1 entwit entertain a f bior r a profession f 0 o n to which ellave I 1 have been a attached t t acl d s eo F long u a and n d my duty to you ou gentlemen render ren derit it a necessity that I 1 should repel such slanders come firul ahat hat quarter they may I 1 understand that tile the late executive had a suit in court at the time ard these remarks wei e made by him because in in a stable single instance he was unable una bleto to control tile colors 1 speak of this because it N vias as an elicit t to destroy the independence of the jury and the of of the court you should manifest that you are rot to be governed by such outside influences if they are brought to bear upon your minds I 1 said to you vou in III the outset chat bellat tile commission ot a great reat number ot of crimes in this Di district had come to my knowledge I 1 shall call your attention to a I 1 few of them hie file perpetrators of those these crimes amea have not been prosecuted file reason why by I 1 cannot tell it strikes me low how ever tuat certain outside influences have hase prevented pie vented their prosecution it if yo yoi do your our duty you will not neglect to eumire I 1 oto these matters nor will you allow the offenders eiders off to go unpunished I 1 may ma y mention to ta 3 vou on the massacre at the mountain meadows in that massacre a whole train was cut off except a low lew chil dren who sho were w ere too young oung to give evidence in court it has been said that this offence offense was committed by the indians 11 in commuting such an outrage indians is would not be so discriminate as to save only such children as wound be unable to give givel testimony ot of the transaction in a c ourt court of justice in a general slaughter if any nv were ere to be saved based by indians abey woula oula have been most likely those persons who sillo would give less trouble than in tants but the fact is there were others there engaged in that horrible crime A large organized body ofis of white hite persons person are to be seen leaving cedar late in III the evening all armed travel travelling tra velling ling in wagons and on horseback under tile the guide and ot f the prominent men of that place the ob object j ol 01 their mission is a secret to all but th those engaged in it to 10 all others tile the movement is shrouded in in mystery they are met by another organized band from tile the town of harmony llie two bands are aie consolidated soli dated 1 peC LIHS are made to them by their desperate leaders in regail to 0 o their mission they proceeded in the direction 0 the mountain meadows in t two we 0 days they may be seen been returning return inc broo f th r e ri I 1 direction bearing with them an that 0 amount o nt of proper propel ty consisting of I 1 of mules horses cattle aw and wagons wage i 3 spoils of their nefarious expedition 0 n 3 the a train of one hundred anti and forty per T of r fifteen infants alone remain iho v ho at ar 3 oun oung to tell oil the sad bad story cindia tI te 1 were vere engaged in it there is no doubt they were incited t ti engage in it by bv i but 1 men worse than demons lit I 1 might give you tile the names of oc the loii i white persons engaged caged en lut but tates that I 1 should D not ot it is 13 8 aid the di 4 0 kanosh wa was i s there it if sos so ile he is 13 A aanen cli t law and liable to be punished the amenable ltd ii complain that in the division of the ts they ahl not get their share that tal polls brothers in crime did not divide c e man hit lle them but gave them tile refuse I 1 IB 1111 call your our attention to a case near he h the murders of potti pott I 1 rani at 1 pari banishes Panis ashes hes the Parris hes a and potap ater being satisfied with tile the c condition n I 1 there ther are about to leave for or california r a its deeming it safe to lew leave e in the daytime n 0 start out in in the evenia evening rill a M distance of the south gat 0 th the city it us two of the Pania hes father their aril so 1 I potter are most III brutally biu atall tally murdered ur cred 61 1 I parrish a lad of se seventeen enec n or eighteen wea of age is 13 with niilo them at the tirre thus awed ears maz makes h his is escape sea and succeeds succeed a in in n ig fetn back to his uncles unc s house in the villa villac v g lua his testimony you will learn the T tishea a ins of y i the persons is ho were identified in the cm mission of that of of fence ronce 11 he e will 1111 be sui libato coal tell you 3 on m who ho followed him to the tha hob boote of t I 1 his uncle these murders tool took place on tin jab UK i march 1857 1837 springville Spring ville is a village villa eota ot few hundred inhabitants ller hero er ire thre persons persona butchered in the most intilli lm in its irac a ner and the criminals go to uns haipt of just I 1 at the same place a about out a ya e ir r ago III lien t ry forbes a young man N who ho ell came me infirm m firm f california on his way by to the states nai also min hindered dered lie ile arrived i difficulties arose between this conom tun y and the general go government ern ment iville there he made his hig home at partial terr ten ant da lad had been there but a week or two is itic nn horse and revolver were stolen that u aa done by the lie aftem atoll made his escape tried to pt get over 0 er the moun taini to bridgers bridger was mas cali caught lit brought bade back and murdered and that is the the last of henry 11 forbes no jo investigation was lias made and tile the body has bas been removed sescial timea since it was 11 as first interred so EO that row now it to whereabouts probably could not be bedis discoe conr td d shortly after lorbes forbes murder tera tern trades olf his hoise boise winch me ui ida stolen tor for sheep loiles is is sait eaino haTi left a wife and a nj two in tile th stated stale rf illinois ile he manifested an anxiety too tont back to thern them they may ciell yet inn j of cf his fate henry jones ii was as also aljo murdered it at town about a year ap ago lie he wis was califri cas pd il i up at salt bait lake cita cit slaving having rec recci osei ei v cd the effects of it and gone to pay pason son lie hen is there set pat upon chased chase a to poi pond d town lown about three miles distant aad allut it is 19 reported that lie he had committed som soa bill sin which aich is looked upon in in the church Chur chai u unpardonable his mother was also ms mar dried tor for some cause jones was to payroll PaY son soll pitched into the house can d dugout dug gout g out III N which they had lived by of the murdered body of his mother anda house pulled down over them alem for a tomb in chich i inch both lay bojied without A cola or shroud there is is another matter to which I 1 ua to call y your attention A t few before tile 11 i ul c I 1 er 0 of f t the is e I 1 arri has ard a r d potter par far stable was broken into in tile the I 1 ni ii and his carriage arid and horses taken out ITO to of these horses have never neier been lysander gee of 1 thoele boele city has those hors es ile he says thit that they wei e brought to mohib him placed in in his possession anti and lie he was direct ed root not to part with them but bat to keep then them at all hazards now does it not look strange tint that a person should go to harrim parn lr stable t able break it open rob mr parrish rf his horse stake them to lysander gee alidea anil tle him to keep keel them does it look reason reamona rea sonA 10 Is it biot i ot more i ea to suppose thit that ll 11 1 sander gee N was as himself engage tl I 1 in commil tirl ting g this autra outrage e i the wite of parrish tow toh me that on account of the robberies rob benes commit ted upon them about the tune time of tile the of her husband and heing being left w with ith a family of children she has since been compel leil ia live lit in thi the very cry dregs of poverty poi pov eity at altima cirod living upon broad bread and water alone I 1 here is a case of public notoriety TIM the private ate property prop eity of a family is taken the party talan ta kielt it with the sanction of the community brazenly and carrying it with him through the territory la bring that man mail up compel him to restore fac horses give back tile the to the id ow of or tile the mildered miu inui dered man mail do not net allos to live in e in poverty ni while hile such scoundrels ait driving about with the band to m which aich she is ennit led it is is not pleasant to ta talk ik a bout about et lines that have been committed but it atia is ray my desire that ta you shall investigate the them my aly object in in particularly calling our attention te tion to these crimes is is that the e sivility 1 1 lit lity s shall aall be w with I 1 t you yot 1 it if th the B 0 fraller a are r e al allowed owed to go 0 tin in punished uni Blied the coul con will do its duty and t the e question Is ibeth vili eln I 1 you will bring these 0 offenders lenders to trial might mi ht have called your our attention to nw other oter crimes which have been commett the for 1 or the present I 1 has have c deta if it unnecessary some cases of larceny and also of at ing t the lie clothing of soldiers have occurred irro C camp P floyd to which I 1 shall call th lon of the attorney for tile alie territory Tern tori unless you faithfully laith tully discharge aaa our du ties this community cannot ese escape ipe tile the oello oil of ottha tile of of fences lences to which I 1 have called if yr attention to allow these in matters to top P over gives a color of authority tor for esaw sion of crime it the very fact that st such rob an affair altair I 1 as mountain Alea meadow dw massacre mas sicre should 80 soi have been left uninvestigated satiated stia ted sa that there is some person I 1 high laci in the asiu af othe the keople by y whose those authority crime tion is 18 COW dihe his knitted the view that will be taken ot of it sac ion u do 1 your duty y fully y and fearlessly lessly yo baless can know no criminal rode code buethe but the you at congress and of this territory no 1 crimes crimea and that I 1 I 1 can an |