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Show TOE BKl7-E ITKBS OF THE BEAU. flow til Grand Jury TleU the Bhkjuam Ciiy, JJx KlderCo., U.T., February 'Jth, 1-573. E'lit'ri liquid: Having been fmpienily solieited by the people, to prefect. f.,r pubiieaiieu a brief statement of the lacta pertain- . ing to the proceeding had io the probate court of Box Eider county, of late, in relation to an attempted prosecution pro-secution in said court of sundry per-.ionri per-.ionri charged with the crime of stealing stock, in B.x Elder county, aud in tiie regions round about generally, the following statement is bnetiy bubmil-ttt'l, bubmil-ttt'l, to wit: On the 30th day of JJeeember, 1872, there were lourtecn jump!a;nts aud athdavits hied ia justice O. ii: E!iiot's court, at Corinno City, against the persons hereinafter named, charging them with having committed the crime of grand larceny, in Box Elder county, whereupon warranu were issued lor tho arrest of the parties accu-ed, arid they were brought before Baid justice for examination, which was waived by defendants, . nd tho examination continued con-tinued tdl January 3d, l-?73, at which time the case was called, and examination examin-ation commenced, pending which, on motion of thu defendant's counsel, a cbaugo of venue wan taken to the probate pro-bate court of Box Elder county. On Monday, January Oth, 1873, at 10 a.m. tho probate court ol' Box Eider county was duly opened by proclamation proclama-tion of the sheriff at the court huuse door Tho grand jury, to wi Abraham Abra-ham Iluusalter, and fourteen others, who had beeu duly summoned, wore impanneled, sworn aud charged; w ereupon they retired to their room in charge of sheriff John Burt. During their session, they found and presented in open court tho following indictments far grand larceny. Aiiin-t OliVllow.S. W'rilil. Arrll K'tli, Meulintf I .-tei-r-, tlio priij.crTy of Honry U. J.i-;Hli- LTinan.each ofllio vuluu ut' Slue, $-10u UW Auk- -td. Xh7I. SiOLiliciK utio cur, lliu jrnporty uf Julin U. Uun i-h, Cm) All, imli, 171. ti:iilin(;2 iiiuro-', tho iniurty f Ak-jtiLiidor lluirU, 1 I t IMP Soi.t. l.ith, 1S71. iStoiiliiii 1 sU'cr, lh3 irui)orty uf 1). U. Kyiiti, 2" oo Utliullow S. lVriitht, William Si-lmonovor and l-Mmund 1'. Johnson. Doc. 1st, Ono U'or, (tivncii to tlio grand jurur.s unknoivn, vuluu 8:l 00 OUiollow K. Wriwlit uud Thus. B. llollcr. Nuv. l-ith, J M7I . Uno cuw tho iiroip- orty ut'John D. Kcos, valuo $"j0 U) Othollow S. Wrinlit. Williiim .St-lioonuvor nnd Ohiirlos Jj'inlior, nliaa Cliarloa i' inn. Fob. istli. Lhi llhuilors, each lioifor of thivuluo of 8ij 6 70 00 Fub. Ihth, 1S7-'. 1! atoora, oaoh fduur f tlio value ul" Z Mm Fob. 2M.li. lK7i :i fltocrd, each ctoonit'tho vuluo of 2 7"i DO Feb. 2KLh, lHT'i. ;( hcifcri, oauh hoifor uflln valuo of i"i 7"lo filaroli Itril, lh7'J. ;t stcori, ouch dloor ot" tlio viilucof 'Si 7") 1)0 March Urd, lf7!. li huiforH, ouch huifor of thu vuluo of 23 oO iki Mureh 11. I.S7& 4 heuil of young catLlo, each of (bo vuluo of 2 JK) (JO Muroh llth, 1&72. 20 huftd of ho mod ciilLIo, uuah ui Lho valuo of 2"i .V)il IKi Si OUU Oil Tlio j.i'oi.crty uf Dnvid Wyntt, Afosnndor Toponco and (loorgo Bvittorbautih. Fob. IDtli. 187A 20 cows, each cow of the valuo of 8:10 StiJO.UO Fub. 10th, IH72. It. floors, oaoh elooroftho valuo of :W -ISO.O0 Fob. 10th. 'M bond of horned caltlo, ouch of tho vuluo of oO 1.0SU.OO May 10th. 1S72. 25 cows, each cow of tho valuo ot : 750.00 .May Utth. Ih72. IS stoord, ouoh toorofthovftluoof :tO 510.00 Mny 10th, 1S72. 4:1 lirwl of horned catllo. oacb. of thu valuo of 1,200.00 51,710.00 Tho Property of David Wyatt. April 1st, 1S72. 5 rows, ouch cow of lh valuoof J5 $125.00 April 1st, ls7. (i stfors, oach Btoor of tbo valuoof 25 150.00 8275.00 Tho Property ofThoinas Uondenu. Slay 1st, 1S7A 25 cows, oach cow of tho valuo of 850 81.2-50.00 Mny lat, 1.S72. 2 work Bfoors, each stoer of tho value or 50 IOC.00 May 1st. lb'-, a young toors, oach stoor of tho value of 25 75.00 May 1st, 1S72. (i boilers, oach hoifor of tho valuo of 20 120.00 Fobruary 1st. 1S72. IP hoad or horned cattle, oach of tho valuo of w . ;:o.oo $ 15.00 Tho Property cf Potor Nobokor. Alosandof Toponco. May 1st, 1670. 2 atoers, oach etoor of thu valuo of SU0.00 May 15th, 1670, 1 stoor of tho valuo or : :w.oo S'Ht.OO Tho soods iind chattels uf ilunry LubLius. Thus, Mr. Kditor, I havo furnished you with an abridged account of some part of the cattle stealing carried on in thisnorth oouotry,froni 1S7U to 1872. A portion of similar accounts, by the same parties, havo been intentionally omitted, on tho hypothesis of tho Nigger Nig-ger who informed his master of the denth of his oxen. Mr. Nigger says : "MassaJaek, ho raina to day, storm too iviud blow down dry tree, kill one of your oxen, kill 'em dead tuddcr one too. If I'd told you bofo at onco I knowd you oould'nt bore it." Tho parties named in tho foregoing indictments, whoo arraigned in court, and indictments read by tbo prosecut ing attorney, K. 1). Hoge, in their hearing, who waa conducting the prosecution pros-ecution in oonuoction with judge F. M. Smith, of Salt Lake city, tho pooplo wore somewhat surprised, that out of all tho wholesale stealing they were oharged with, by tho presentment of tho grand-jury, not one of tho acoused had the moral honesty to plead guilty to one single itom. This was considered not only dishonest, but very ungenerous ungener-ous indeod. Preliminary arrangements were made for their trials, time tised, etc., soma admitted to bail, while others less fortunate, had to be kept in tho oustody of the sheriff. However, very soon habeas corpus writa were prolific in Box Elder, issued by an associate as-sociate justico of the supremo court of the United States, in the Territory of Utah, O. M. Hawlcy, Esq. Upon tho demand made upon the .officer, John Burt, sheriff, Wright and Schoonover wero taken beforo his honor in Halt Lake city, whore thoy were committed to the criticism of the judge. Next heat was run by criminals, judge, lawyers and spectators, in good schedule time to Corinne.where another habeas was issued. After tho usual ceremonies were concluded, and the question of jurisdiction was elaborately ventilated, a Beaver-napped, stereotyped stereo-typed decision, was reiterated by the judge, nullifying and declaring void aad of non-e fleet, all au'hcrity and Jurisdiction Jurisdic-tion of the probate courts iu this Territory, Ter-ritory, when exercised cither in civil or criminal cases, tho statutes and laws of Utah Territory, to the contrary notwithstanding, apparently disapproving disapprov-ing and disregarding all statute law, the halxas c?rpus act only excepted. The justico and correctness of the rulings and decisions of the learned judge U most emphatically denied by the opinions of all good and judicious men that we havo heard' expressed. The assumption of legislativo, jadicul. and executive power never was designed te be placed or conferred upon any one individual at the 5ame time, and as well might any assoeiate justice erect an image, and require the people to fall down and worship that image, as to take fro ji the jurisdiction and poscs-sioo poscs-sioo of th; probate court, criminals undergoing trial Fr crimes of such magnitude as those herein mated. There is as much constitutional riut in the one as in the other. Thcrelore, in conclusion, on this point I will only add, that judgments and decisions of this kind, so incorrect acd precipitous, although formed by an honeet man, cannoc help but forever debar bun from becoming a great man. To the contrary, he will appear like a statue on a pedestal, the higher it raised the smaller it looks. We say then, on the subject of jurisdiction, that. uie dUtr.ct, probate aad aupreaie matii-tracies matii-tracies are equally independent in the But we hope to yet live to see the time when such aSsuniuUs as have oene ea-per;cn:ed ea-per;cn:ed in tee past ?ink into an abyss from which there is co resurrection resurrec-tion for them. I p rtivj 1 am utecd-ire utecd-ire noy cima:unici:ii'n crvat!y beyond what 1 intended at th ceicnicr. i have souh; no revenue acd loiiiicd co rr--text for calumniating omaK-Ltiri .-. Ail tbat is slid is designed to bv spoken in candor and truth; opinion and tbejuat tnaicunance of it, never ean be considered a crime in my view, although it may not m every instance I b perleetly correct. Thus being aeon- stitutional ruht guaranteed to all i American ci:iz-.LS ii beyuud dtbatr. 1 know ti.at truth in, and will bt m:.-:oti-trei:d, d.r'urmed and distorted ; by it- me urn' -,ti'jVi-r t hci :-. it is tuiility ami will prevail. And hn!i v fui- , U;jr to s peak or publish truth. tor k-ar of giving ulJeuce and uutier ourwlvs Iu In iij npacl-;d, haud-cutkd aud tunaut-tifd and reduced tb'jrf 'py to Altifrinw e'avery. and deprived of every privdeg; ov earth, only tiiat of think.- ! in;; ? Forbid it Almighty tj--d ! ; 'I'lu; f'lll-iwiug reru:irk by tho ju'lge in C'T'."::'!' c!ote ;hui manifL'te. A.-eet- , tainin' that tbe attornt-ys for ttie pro.v:ution, Ibe aud isii'h, had departed, the cju;t remarked and j aftked "W'iiro are now th"c u-i.hty ! charnpiuus, tli"te jroardians of the j public peace? Itu-y nre g!ue and fl 'd, and bvn sh iruvl ully, most thamefii'ly abandoned the pei - : pie's eau.n'. ' (mcatiing the aitorus ! for the proecu i jr.) "Now, there is! nothing left fur jiu out to perioral uiy duty, which is u dl-cfiarire 'In; prioii-ers prioii-ers at the bar. I can do ii 'tlnrig inore I propone to uo nothing Us. Gentlemen Gentle-men you arc how and forever discharged from this il!ei(itl and unjust iiuprisOL-tneo'. iiuprisOL-tneo'. And permit mo to add, that if. at any time in the future, any probate judge of this county, or any sheriff of thiii or any other county in this Territory, Terri-tory, attempt to interrupt, you in the free and (uli extieise of vour liberty, you will please make aln luvit of tliu fact before mi', :c.d I si all see ilrit they aio punisln -l to the utuo?t extent of frc iar. (j'.-n'r inTi. you are discharged, and this eoun is a lj'm'i.-cd." lj'm'i.-cd." unc Dcntittas D,mim.! J. C. Wbkjut, Clerk 1'rubate 'ouit, Box 1'Jldcr County, U.T. |
