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Show TUMID DISTRICT COl'RT. 'lbj ejurt iut ,ytr3t.-rdj7 morLiu,., Judge McKcan presiding, and considerable con-siderable interest was at'.achrd to the prospective prooeeJingj, it wa-j expected ex-pected some ot'the mtirderlriaU would commence. The r.-Il u( the grati-l jury was t,-dl.-d, , but only st-via answered to their I nams, and Mn a-liourniucnt ,! trraed jury wan ordered to thiJ morn-inr morn-inr at lu u clix-k. i L'bas G. Iwcber waaudiuiiuJ tn the bar ofihis Territory on a cortiiicatf from tic- aui-reiue c-iurt o!' N.-;v V.ak. I 1'. S. Airornc-y Hate, undr ib ud-'viceifi-l fiirecLion c-f lh Aiturney-tirncral Aiturney-tirncral ul tin; I'nitud Stai iiuiinn-; iiuiinn-; at-:-d andt apj'oituc.l Jamc L. lliyh a.i deputy I'. i. Att-init-y, who was swurn in B.-cordin'y to O' ciq.y tint po.iiti.in. j Mr. Jtate- th-:ii -lated that he had, 'on cxjiiiina'.i.m uf the circuiuitan'-cb i surr-'iiu-iin iii3 pojitL-u and the ' duties ho Wis cxpccU-d to pcr-, pcr-, form, difcnvcrcd that ih.-io Wvre i no lu'id- piuvld-d lo p.iy the 1 fee-j of jarciH or wiuit.-.-., ii.,r ill,. j COQtingi-iit ci;i;'n ci uf court; a i.c;i. . f I which he bad promptly ijtilird the 'Attorney (i.M-ral by lob-juuph. He : had nl-o desin-d I In asjUtaii'V id' :is-isoeiate :is-isoeiate c -ii!icl and tel.-r;i plied tor j penni-t-hm lo employ Mr. UasUti in conja:i.-tion with Ciciii-ial Mawvcil, ad-t ad-t vising ih-' di'paritinuit tliat it was im-: im-: possib-- for him to pn-pare 1 1. i;j-s j for trial without s:i.h Ussistiincc. In 1 answer to a letter of Ids of December :4ih, he had revived im- folluwinj; : 1 "Dopartuieut uf .) tisti -e, Wa-shinton, Uee. 1 1-, J7 1 . OiOiijt U. il'iir.i, K.tj., U. S. Aid., nty, Suit Jjiikc Vity I'tah. Snt : -1 have received your letter of t lie -1 tli iu.-lani, and havo calicd the attention oi' senator Cranio to the dii-ticulty dii-ticulty in regard to funds:; and I Irtnl coutrcis will aflord some roiupt re-lieh re-lieh 'ery respectfully, . A. T. AkKltMAX, Attorney General," A bill wa.s prepared for tho purpose and reported to the senate by senator Uragin. In reply to the telegram asking ask-ing the appointment of Mr. Raskin, Mr. Bates received this letter: "Department of Justici, Washington, Dec. K 1S71. Gtwje ('. Bat,-, r. ,S Ait.it- iie.'l, Salt Lake (Jtli, Utah. Sin : Vnur letter of the Ithh ins(. is received. 1 have answered by telegraph that you are af liberty to employ Mr. iia.skin, and L herewith enclose a commission com-mission for him. Under the ciroum.'dJnee, I do not j fuel at liberty to employ other addilion-lal addilion-lal counsel. The government onirhl j not to show any un-Hceinly zeal to cou- viet Prigham Voung; and the addition oft wo lawyers to the regular proles;-J proles;-J sional force of the government in Utah might have that appearance. ;The propriety of the employment of j Mi. ihiskin is obviou-; lie having prc-: prc-: pared tlio cases. n answer to your other letter of the same dato, 1 have to say that it seems-to seems-to me wrong in principle to covenant with regard to bail, while the accused is absconding. When a man .submits j himself to the law, it is time enough , to consider what amenities he mav re-iviye re-iviye under the law. Should 'Mr. I Young bo arrested, the uestion of bail will he altogether a judicial one, to be decided by the court upon the I principles which would operate in 1 lie case of any other accused party. I Very respectfully, A. T. Akijiman, , Attorney General." Mr. Jjatc-3 continued pressing the necessity of mean upon the department, depart-ment, showing that Marshal Pat tick was not only without meana for the purposes required, bat had advancod over eight thousand dollars for government govern-ment use. On this eubjeot tho following fol-lowing communication had been received re-ceived by him: . "Department of Justice, Washington, Dee. lio, Is.T. Qfotffe C. Bat?, II. S. At tomtit. Salt Lal-e City. Utah. Sir: Your letter of the II ih instant in-stant ia received. I am troubled on account of the want of funds to carry on the Territorial prosecutions. The accounting oflicers of the treasury, adhering to usage, do not feel at liberty to allow the marshal credit ibr expenditures for nroseeu- tions under Territorial law. This ia K perhaps inconsistent with the just deduction de-duction from the recent dno'iidons of - the judges in Utah. 1 As the only thing I can do to help - you, I have made the "matter the sub-! sub-! ject of earnest representation lo the - chairman of the Territorial committees , in qongrcss; and I will communicate to them the contents of your last letter, f Very respectfully, A. T. Akeuman, p Attorney General." And under date of a week later si ill another, as follows: "Department of Justice, 1 Washington, Deo. 27, liTI. George C. Bait's, i,'-?., U. S. Attorney, At-torney, Salt La he City, Itah. Sib: 1 have received several letters from you on the subject of the expenses expen-ses of the courts ol' I'tah in Territorial prosecutions. In consequence of the construction hitherto followed by ihe accounting oflicers of the treasury, I Lave no power to provide the noccssary funds. I have done the only thing that seemed possible in the matter, which was to bring the subject to the attention of I tho committee on Territories in the two houses of congress, and to urge prompt action. Very re-peelfully, A. T. Ackeiimav Attorney General." Mr. Pates oLo addressed a circular letter to senator Trumbull, chairman of the senate judiciary committee, setting set-ting forth that under the decisions of his honor Judge McKean, all felonies committed within the Territory of Utah are oflenses against the United States laws, to hi punished only by United States courts, and ihe expenses of which must be borne by the general government: This circular reads thu?: U. S. District Attorney's Otiice, S.oit Lake City, Utah, Dec 301&71. livu. Lyma.i Trumbull, Chairman j Ji-JlLiary Com n ft lee of the Senate: t-nt: It j my duty, a.s the United: 'States district attorney for this Terri- ! lory, to o.-k, through you and your committee, advice and instruction upon the following points: I. Under the deci.-ion- of the 2U-prcm- c-'itit of this Ttrritorv, irom which ti -re is u,i appeal' all Monies I ivmiiiiLit-i wi:ia:n iLs limits are uf :eu-es aauisL Uxirtu Siails Laws, . to w paai-hed as ;uch only by United r States courts, their poxsses to lie levied by the baked States marshal, aud pairfcatjuEji conducted odybyme as the I oitd Slates district attorney; ! aud. of course, ail expenses of the -tria:? tnun be paid out of the Verted States treasury, ii' paid at ah. II. L nder the Territariai coui'ts, as j such, the oncers of the several eoun- 1 ties are all Mormons, who it is sa:i nLi no; punbrh their' i'eows or iead- ! er tor high Crimea at oh, aud do ire- j quscrly punish Geaulcs uujuidy aid usrairiy: acd o, Uils tie United ;:a:a ccorts p.r?;-2C3:s crisiki, niiirzLj ino;t sc-on exist here, and 1 Uii:Ler!:f ror pro-ery will be safe. 1 ILL The Ui ted States comptroller, ! disregirdinc the ruling of cur supreme i court here, decides that all ui-ise of- i IV n- es are again it TcRan op.! al Laws. ' to be punh-h-'d ouly in 'i'errU-jrinl i ujr!t ;(C Tcrr't ii-A iUrtx there-1 of, aud that the Unite-d States treas-i ury must not and shall not payaptnny! of these eo.-ts: the rciult of which b- that ail jur-irs and witiic-sos' fees and i eaijtiD.;nr esptnies or'these court fori the 1-i-t year are unpaid, and there ii! u-jt now a cent to pay lhc-m cither I'cr ( the pa.-i or future. 1 V. Jauuny !?th, is s.t by the court for the trial of lirigham Voung 1 and others lor murders and other : crimes-, and twenty other criminal causes caus-es are aligned I'or that titue; and J. a-:. a-:. S. di.-triet attorney, am retjuircd to j try the.-: 1 gr-vit cause, while there i no ui- n-'V to pay either the jurors, wane- tees, or any of the contingent 1 expenses ot' the court, such as lent, fuel, lij.-hH, etc- How can I go to , trial without witn-s-e nod jnrois? . Aud h.iw can their attendance be .'c-; .'c-; ciu-.'d without money - j V. A grand jury i ic ,u:i. d forth- j wiih, in the tirst di-triet, to investigate ' several murder?, castrations, and other hoi rid crimes, and a venire is ordered; but tin' tn:trhal has no money to rervc it, tin; witness end jurors will not ; l-uiiu: into court unl-i paid there lor; I i ;tiiil u havt- no money (0 pay them, j What inu-t I do under these circuni . tjncc'' j i 1. Tl" I tiited States have no jail, . pcniicnthuy, or place to keep tafcly their criminal'', except Camp )ongla. I and the cost ot keeping them there and . uanspui'liilion to and fro-ii the court , uiaLcaa rapidly accinimlaiitig debt for some one to pay, which already amounts ' to $ I jauiJ, a large part of which has 1-r . n iidvanced by the present marshal, l and is duo now to Iiiui, and lo jurors jiid wii ness-c.-. ! II. 1'n.icr thcfo circum.-taucc, I see no other course for ihe government I to purpuo than to provide money in-! in-! staiilly to pny all jurors, witnesses and I the daily expenses oi the prosecution ol j these great crime, or to order them all j dismissed forthwith from the United , States courts Am 1 not right? Please 1 answer. Geo. (.'. Batts, i 1 1. S. District Attorney." I The district attorney then rend tho 1 following letter received from Solicitor j General Bristow : ' " Depirtmeut of Justice, Vashington. Dec. lio, ' Mr Dr.vii Sin: Your several let-I let-I ters relative to the business of your I otiice have been turned over to tho attorney at-torney general, with request thut he ' give you all possible support and assist-( assist-( ance, whieli, I am happy lo say, ho ' will do most cheerfully. I do not see j how the matter of compensation can ! be satisfactorily adjusted without fur-j fur-j ther legislation. It seems that while j your court holds it to bo your duty to 1 prosecute parties charged with violations viola-tions of Territorial statutes tho comp- t roller, who settles the accounts of dia-I dia-I trict attorneys and marshals, holds j that the United States cannot pay the expenses of such prosecutions under existing statutes. Thus we have a dead lock whieli no power but Congress . can unlock. i : It iu-houM evu' happen that I can ;borve.you, I tin t that you will not (digitate to command me. I With my bent wishes for your personal per-sonal and professional success, I am, Very sincerely, your friend, B. II. Biusi'mr. . Gen. Goo C. Bates, Salt Lake City." ; Iii continuation, the district uttortioy 1 said he believed ho was justified in I stating that no provision would he i made by tho Territorial legislature to carry on these prosecutions; and in the name of the attorney general of the United States and by his order, he j applied for a continuance of theso cases uutil ihe second Monday in March, Jjy which time it was hoped congress will have provided tho necessary neces-sary means to carry on these prosecutions. prosecu-tions. Ho also hoped the Territorial legislature would see the propriety of providing funds in order that their leaders might be vindicated if unjustly ; accused and punished if guilty of the i high crimes charged against them, lie further stated that he was ordered to report forthwith to the attorney general, at Washington, that that official might bo fully advised of the condition of aflatrs here. The court then announced that all criminal causes and all civil causes to be tried before a jury would be continued con-tinued until the next regular term of court, eommoneing the second Monday in March. Court then adjourned until 10 o'clock this morning. |