| Show S k Lack of 01 funds to meet the ex cx of the third district court of ot Utah caused a deadlock which was continued over ovel several months in 1871 This was waa due to the fact tact that while the tho legislature had appropriated appropriated appropriated ap ap- ap- ap money sufficient to carry carry carry car car- ry on the courts courtil the fact that the law provided that it could only be drawn by the territorial marshal and that office had been abolished by the supreme court of ot the territory terri tern tor tory hence the fund could not be touched Grand and petit jurys which had been summoned on the order of Judge McKean were called before him when he read an address to them In Jn which he practically placed the blame for conditions upon the priesthood of the Later-day Later Saints and In Jn this address he was unusually unusually unus unus- severe after arter which he dismissed dismissed dismissed dis dis- dis- dis missed the Jurors and adjourned his court without date Meanwhile Justice Strickland made a visit to Washington In Inan Inan inan an endeavor to obtain funds with which to operate the courts and to explain conditions as they then stood In Utah but his mission was wasa a failure It was In the summer of 1871 when the transfer of ot the territorial penitentiary occurred the Institution Institution institution tion being beins- taken over by bv the federal federal federal fed fed- eral government and anti which caused a wordy war and did not add ath towards towards towards to to- to- to wards a solution of the problem which then faced the officials of the territory Details of th the transI trans- trans I fet fer and the commotion that it caused have only recently been de detailed detailed de- de tailed In these recollections FUNDS SECURED After Arter several months of ot a shutdown shut shut- shutdown down by the district court funds were finally obtained ed to pa pay the ex expenses expenses ex- ex necessary to operate the court the money coming from private ate vate sources One of those who I contributed was United States marshal marshal marshal mar mar- Patrick his contribution was several thousand dollars and on September 18 IS 1871 in Faust's hall hail reopened his court Then another snag was struck for Just before the grand jury lury was Judge rud 13 E. E D. D Hoge Tom Fitch Major Major Major Ma Ma- jor Hempstead and several others challenged the array of Jurors holdIng that they had not been summoned In accord with law that thatIs Is Is selected by bv an open venire The reason for this challenge It was said Was to safeguard the Interests of their clients However Jud Judge e McKean ove overruled ruled the challenge and anti the selection of a grand grand' Jury grand jury was proceeded with Geor George e Q Cannon was the first firstman firstman firstman man called caned to the box He was then the editor of ot the Deseret News and he answered the Interrogation of ot the prosecuting attorney as to his belief bellet regarding a plurality o of wives that h he was a believer In Inthe Inthe inthe the doctrine that he was a n Latter- Latter dav day Saint and also that he did not believe that a man committed adultery adultery adultery adul adul- tery when he lived with more than one wife who had been married to him in accord with divine revelation reve reve- lation ladon He was excused of ot course OTH OTHERS ERS EXCUSED Two other othel members of ot the Lat Lat- ter-day ter Saints were present In the court room In the persons of Hiram B. B Clawson and James Jmes Townsend and they were like George Q Cannon Cannon Can Can- non excused on account of or their belief Apostle Orson F. F Whitney In his history of Ut Utah h. h speaking of conditions at the time said It was nas now evident that th the public prosecutor was about to proceed against the practice of ot plural l marriage marriage mar mar- niage which congress in 1862 had made punishable as bigamy but the bigamy anti-bigamy law was not In Inthe Inthe Inthe the prosecutions but a territorial statute which had been enacted ten years earlier and which was more severe than the act of ot congress and was for the special purpose of ot meeting cases wherein plural marriage marriage marriage mar mar- was concerned |
