Show circumstances and not choice have devolved on the undersigned undersigner under signed the duty of 0 conducting duckia for a time the editorial department orthis 0 this paper in assuming the duties of this post while I 1 do not deem it necessary to pronounce any formal salutatory or make any exact declarations or promises in in regard to the conduct of the diaper paper or ane ne particular course or line of policy which it may pursue I 1 yet deem allue line tomy tomys seif elfy and to the public to make kuon known ii one fact concerning my own owl position as the editor of this paper an opinion prevails quite extensively in some parts of this territory and perhaps out of it that the valley tan tam was established establish pd and has been conducted as an organ of a small number of federal officer holders in in this territory and that it has never been a fearless and outspoken out spoken sheet but on the contrary cramped and trammeled in its tore tole to suit the purposes of a few individuals rather than to reflect truly and faithfully the existing tote state of things in this territory these opinions I 1 believe are in a great measure erroneous but without inquiry into their correctness ness which it is is not my place to make I 1 have only to say that my connection with it is Is altogether free and independent on no oiher condition would I 1 have accepted the post of its editor and will continue connected with it not nota a day or an hour longer than perfect freedom and independence in the management of the paper remain this announcement no ho is made in order that the position which 1 I have assumed may not be misunderstood arid and not to indicate any great I 1 change in the principles or course pursued heretofore bythe by the talley tan tail which chich will bill con continue dinue as it has done to advocate whatever I 1 is is just arid and laudable in morals and in government and to denounce whatever is vicious I 1 corrupting and degrading no matter on u wl I 1 at pretences pretenses sustained orby whom or liow how extensively practiced if these purposes meet with nith a response from the patrons of the paper it is to be hoped that they will one and all renew their subscriptions at the beginning ginning of the new volume of the paper bieh which is 13 about to commence and that they oll nil obain us as many new subscribers as is in ill their air poll er S DEWOLFE A trial too took place in in th the e aldermans Alder mans court of this city on monday morning last which olang ott ing to the nature of the charges prefer preferred rL d against the accused and some circumstances I 1 connected with his arrest and imprisonment I 1 make the case one of interest to the public as illustrating the administration of law and justice in this territory and affording to every one a knowledge of the causes and man i erin er in which they maybe may be deprived deprive dof of the their or liberty and thrust within the walls of a prison the name of the man tried w was as andrew smith and the circumstances of his arrest as narrated to us by an eyewitness eye witness in whose statement we place the fullest con conj j fi dence and which he is ready if necessary to verify under oath were these andrew i smith was at the house of his brother who lives anesin in the outer limits of this city in the ward known as the sugar house ward on saturday night last as he was preparing to retire having baving divested himself of his shoes air mr A 0 smoot mayor of this city made his appearance in front of the house and with a drawn draw n pistol commanded com mr smith i ho was sitting on the door dobr step to yield himself a ariso prisoner ier mr smith immediately imme immediately diatel y retreated I 1 into to the house bouse and mr air smoot follow ed him as far as the front door with his pistol still drawn A brother of andrew andre w smith who was also on oil the inside of the house intercepted him is As lie he was proceed proceeding lg into another room as he supposed to get his pistol and placed himself between andrew smith ard A 0 smoot for the purpose of preventing a colli collision between them as he did this he be asked mr smoot what this all meant to which question smoot returned no told him to let his bis brother go that he smoot was chief magistrate of the city lind and it that at smith was his prisoner and that he be wa was going to send him to the lockup ui 21 ills his authority tor for arresting mr smith ii as then asked when villen he replied again that hi h was waa chief magistrate and that the authority rested hr himself III self no ko further arce ance was made to the arrests arrest after the declaration cl of such plenary power and mr andrew smith was soon after placed in a arz avegon on and drawn to the lockup lock up in this city after getting in in the wagon smoot made some threats of jerking him out as farther farher evidences it is supposed of the authority which rested in in him mr smith was placed in the lockup lock up on saturday night and kept tb there e r e till monday morning without being jf farni arnishe shed ni vii ith or alie I 1 charges for which m lich he had been arrested a complaint having in in the mean time made to judge eckels at camp floyd the circumstances of 0 his arrest he issued writ of habeas corpus and directed it to A 0 smoot vo who ho combined so much in uch in that he be could arrest a man send lira bid to prison without a writ or of any lind kind from a court this writ sen ed upon smoot by marshal dotson monday morning he was near the hall and lockup lock up apparently waiting for hour fixed for the trial of smith ills his to the marshal on reading the writ was that smith was not in in his custody dewent lie w away an ay soon after taking the writ with ith him and after being absent about long enough to hold a consultation over it in in the office of the president li lie be return returned edland and after some side consultation between him and some of the police it was determined to proceed u with ith the trial of smith notwithstanding the writ which the chief justice had issued mr smith was soon after brought before jeter clinton an alderman and justice ot of the peace of the city when hen the following charges were for the first time brought him that they may lose none of their force we present a copy taken verbatim et bittera tim et from the original now on file we suppose in the aldermans Alder mans office aldermans Alder mans court G S L city territory of utah great salt lake county the people of great salt lake city va is andrew smith persona personally il y a appeared ap pp ca red bf bufore fore in me e the und under er signed an alderman a 1 de aman of gleat salt lake city william and appon oath saith that andrew smith did on the 15 day of oct A D 1859 at my house within limits of the corporation of great salt lake city and comm enst after a few words A to threaten A 0 smoot by saying that he would as leave shoot his head of as e wohld a rattle snake he also used the name of god in vain several times contrary to the lan la a in such case made and provided Sig sigred sighed ped IV ILLIAM 11 subscribed abed and sworn to this day of october 1859 signed JETER c ald aid P before mr smith was arraigned on these grave charges his counsel rose and protested against the aldermans alder mans maws court exercising any jurisdiction or authority over the accused farther than to take him before judge E eckels as commanded in his writ but this the alderman disregarded alleging that be could not take notice of such a writ unless it was vas brought to his anoia knowledge ledge ati some more certain manner than by the statement of a lawyer it should be mentioned that he had seen the writ and read it at the time it was handed to mr smoot As the objections of the counsel were disregarded he left the court after advising mr smith not to plead to 0 o the charges charged made against him deeming it his ns duty not to remain in court and participate in a trial after a writ of the kind named had been issued from the highest judicial authorities in the territory 1 the I he trial however however proceeded dedy and smith was ined fined f ten dollars and the costs through motives of prudence or charity the penalty was shortly after remitted and smith was discharged these facts in in regard to the trial we aw know are true those in in regard to the arrest and imprisonment we believe are so they require no comment the charges against smith are so trivial and insignificant that they are unworthy of notice they are such charges as might be made against hundreds of men in in the streets of this city every hour in in the day against mormons cormons as aa well as gentiles smiths real of offeree fence was that he Is ip an apostate mormon we do not know what course jud judge a eckels will pursue towards the disregard and contempt shown n to his writ but we hope that he be will prove to the world and to the individual di 10 eborn it was directed t that hat some authority is also lodged in him no very important news from america was received by the last eastern mail Blo blondin ridin and the divide about equally the attention of our friends across the plains the first by his wonderful performances for mances on the rope at niagara arid and the politicians by their immense feats at president making Bl blooding Blo odin we believe up to this time has rather the advantage ge the politicians having done nothing that we have heard of to equal his latest and greatest test fealt of rolling a wheelbarrow over his wire and coiling the wire up in his wheelbarrow as he passed we shall not be surprised to hear bear at soy any time that blondin is surpassed by his competitors even in in the rolling and coiling operation governor wise of virginia has very nearly coiled himself up by a letter written to a political friend in in albany and many other presidential aspirants we have no doubt will be very effectually rolled up and coiled away before their ardent hones ho pes are realized |