OCR Text |
Show A COURT IN TROUBLE. By private communication from Beaver, which reached us yesterday, facts havo come to light that wring the editorial heart or what serves the purpose of one for our worthy and highly esteemed friend, judge Haw-ley, Haw-ley, judge of tho second district court, and associate justice of the S. C. of the U. S. for U. T. nis honor went to Beaver went, ho it understood; he does not reside in his district to hold court. There was a man accused of murder, another of manslaughter, and a third of rape, to be tried; all rank offenses. But a court in theso degenerate degen-erate days needs more than the corpus of the judge to make it complete. Thero be officers required; a marshal, and a prosecuting attorney, and juries, and things. And this judge of ours, remembering that judio Wilson one time porpotrated an "ouster" against j tho Territorial marshal, holds that "ouster" to be like the laws of the Modes and Persians; ergo, thero is ne 1 Territorial marshal. Yet he required a marshal, or somebody to fill tho place. There was a sheriff in Beaver, but a sheriff wouldn't answer; so his honor couldn't hold court till "Pooey" Duncan appeared on the scene, and Duncan na copaleen was forthwith sworn in an elisor in the place of who? Point first : Where did our judge find statute or common law for this proceeding ? But the court wanted a jury ; wanted want-ed two juries, in fact ; one for United States business and one for Territorial business, although there was no United States district attorney, and no Territorial Terri-torial attorney-general present But a grand jury was summoned a grand jury, remark and this a "United States grand jury." This high inquest in-quest gravely considered the case of James Cain, for the murder of Robt. T. Ellison, an offense against the laws of the Territory, and as gravely found an indictment for murder against him. The case came on for trial, Mr. Milner, of Provo, prosecuting as attorney-general attorney-general Snow's deputy, when counsel for the prisoner moved to qaash the indictment on the ground that a grand jury impanneled to inquire into offenses against the laws of tho United States had nothing to do with offenses against the laws of the Territory, and could not bring a legal indictment under them. Point number two, well taken, and indictment indict-ment quashed. But Cain was still held in custody, and another indictment had to bo procured, pro-cured, when the prisoner's counsel started up with another point, to the effect that there was no evidence bo-fore bo-fore our Hawley's court that Cain had committed any crime. He had been examined before a justice of the peace, and oummitted for trial to the probate court, which court his honor had on several occasions wiped out of existence, exist-ence, or something nearly akin thereto; and had prohibited by his judicial power pow-er troui exercising authority as a oourt. And as the commitment had not been made to his honor's court, nor an appeal ap-peal taken to h'ta honor's courl; and as by his honor's repeated decisions the next court below couldn't take an appeal ap-peal to his honor's court, his honor's oourt had no right to hold Mr. Cain a prisoner, as his honor's court had no official knowledge that Mr. Cain had committed any offense against the law. Point well taken, and his honor's court in a treble quandary. Then sat bis honor as a committing magistrate, and again committed this man, twioe tried, to appear before his honor as a district court. But while our Hawley was thus tried in spirit Cain contrived to escape, and there were loud threatcniogs among the miners in that region. The sheriff, though tor there h a theriff there notwithstanding the elisor started in pursuit; ar.d with a kern scent and aV ttrrniDed will followed ;he prisoner until un-til h effected a recapture. Then the ju-le who deh'ehtcth in opinions entertained the opinion that Lis judicial labors were somewhat un-prwiuclivu un-prwiuclivu if not slightly farcical, and lie detunuincd to come, northward brincDir with him Cain brineinc out t theUHtnct whero he shouldhavc t"'cn . Tied, n man rt co-.cteJ co-.cteJ nild Dvt Iricd; deprivimr him ct a speedy trial, and L, , ln a rn"ritl a lcnt iw'anee m.-n until his honor ban hi-ure nml |