Salt Lake Telegram | 1930-10-24 | Page 16 | Know Utah

KNOW UTAH B By ALBERT F. F PHILIPS The Th against Brigham Young Sr This the title of ot so e called In the court presided sided over overby overby overby by Justice on November er 20 1871 J Judge dge for tor the prosecution stated that ho was waa ready to o proceed Counsel for tor Brigham Young asked th the COurt to postpone the tho case until tho the March term tenn but stated they would be ready re for trial whenever the tho set act ct down tho the case cac This w was Walt with the understanding of ot his counsel that a a. reasonable time would be granted for tor trial Brigham Young had aken his usual winter j Journey jurney to the south r 1 the prote protection Uon of ot his h health against the severity of ot the climate Rn and for tor this Judge Baskin rebuked couns counsel counselor l for tor or President Young for tor advising him to do RO flO o. o The court ourt took the matter under consideration and finally determined to call up the case caso on Monday ber er 27 I Instating Insisting that the bond given by President Young should hould be forfeited counsel for tor the defense caused Attorney ney Hempstead I to sa say If U tho gentleman was as really eally honest In his desire to have forfeiture 1 of or the theall bail all of ot th the defendant be he could not beeve believe be- be lieve eve I it waR wan for tor the purpose of ot having It heralded hel to the he world th that t B Brigham Young had forfeited his bail ban bailand and nd fled from Justice Ho added that If it tho the court could not continue continuo the until thecae the March term the defense would ask for tor a n day to be set as tar far farm In Jn advance advance ad- ad vance vance ance as possible The usual wrangle upon th the tho 1 part or of f the attorneys followed and finally the court said Tho The day dRY of or the tho trial had been fixed for tot December 4 4 When tho the court convened on December 4 tho the new United States District Attorney was present and nd he after being sworn in called caned defendant and upon pon his not appearing mado made a a- motion to forfeit his recognizance against which Attorney Hempstead protested Tho The motion was was denied b by th the court and then hen Attorney Bates tea stated that ho he vo would ld call caU the thease case ase on on January 9 S an and press it 1 for r trial S t P Action of or the court which was presided over by Justice McKean incensed tho the people of or the country lose who were minded fair demanding that tho the So gov- gov step In and stop the illegal megal and disgraceful proceedings of ot Mcl court S 'S S Senator tor Oliver P. P Morton of or Indiana was first t t o begin action and he was wa followed by Senator Lyman Trumbull of ot Illinois and the result was vas th the retirement of ot Baskin and amI Maxwell from office frico The Thenet new net ew appointees authorized to purge tho United Sl States tales tes courts of ot Utah of ot flagrant misrule ham Brigham Young on January 21 21 1872 gave the court ourt of ot Judge McKean a great surprise when accompanied panted by his counsel Fitch Hempstead and others others Including a a. number of ot prominent citizens ho entered entered en- en tho courtroom where Justice was sitting sitting sit sit- ting ing In chambers to hear tho the application by bythe the counsel coun- coun sd sel cl for President Young for tor his admission to bail ball When hen the courtroom was opened it Jt was Immediately lied filled to over overflowing S Then Attorney Hempstead addressed the court and rid detailed why he had not appeared before and andion then ion stated ted that the tho object of or bail ball was to secure the le attendance of ot tho the prisoner and that there was waso 4 no o question as to hl hh appearance when wanted I