| Show UTAH COURT RECORDS esting Facts Concerning the First Cause Caus Celebre Celebre in Probate Judge Smiths Court First Cons Con for Murder h valley r entered valey t r ot and for Cor a year ear earI es theY he weN cere not Ilot tru troU I matters ot Of any mater I Y 1 an their time t I thit rd ful occupied In J I d cS Cr f thur sOle sOler some I U heIte tO 10 lake th place of ofa r that hal II serve ened them I IA so a And such I old suar A did arIse duro dur d lS ei f were ts Ib pI by the l J ot of the Ii at al last COUI I courts d justice required with the theIon dl nJ And nd the thein Ion o of th the territory sere I moue cute in courts 1 mner ID the amt of oC doubt Car CarU or it no O t 1 I In Utah U on was given n or of tho ho judiciary O J court or of ort I lb the i t cag 3 TC TUC FIRT are p preserved Intact e lUl re x Ion of f at th he county clerk And Andri Andr 1 r they thoy are COI uly ri perfect as copper j 4 a hind a IM it 41 would fould bo be ham to toe Ellas Smith W the e Ela i 14 ia J I CummIngs s the mCd latr later by JoIn E of oC the probate court I VU lt different from what I At that time In liter years U year tl UJ an all cau s w were e tried lor before J Al MI crimes crime including murder civil actions ot of the amount Involved cue cases In divorce nail probate mater matters were tried her hero The court court I it might be Imagine Imagined would be behind wIth the toda today wih with al all the VUlt machinery or of the law In operation her here live justices of the pa peace a police Judge commis slone Ihre three branches of the district court and a Supreme Judiciary struggles ant an works work late lato nt at nigh night to t or of the Innumerable actions on the lut hut Jul Judge e Smith ha had hada a Comparatively easy euy time of I it when hl lila curt court ivas Instituted There TheN was l lit littie to tie to try und and perhaps that Is i one 1 rca son wh the records contain luch such vol voluminous accounts or of och each acton action no maier matter hol how mal Al All thee these details however with lh the namo names of witnesses attorneys Travers nver and ond grand jurors arc ar Interesting and the wi will be o of to the historian Tm FIST CS TRiED On the Ily lot leaf ot the first record beautifully engrossed appears the tte title A No o 1 1 C C ot of tl the Court IC of heat Sni Salt Lake Count County In the Iho TerrItory of Utah The very Irl ca case recorded In the Iho therefore the frt first ca case ot of otI I ON In out very wel weli I It Is 18 apparently criminal action and there Is an acc ary al as wel well Al as 1 a principal lut But In the tue lan language ago of o the critic th the interest II not sustained I Neither I Is the charge and I so the defendants are oro to 6 go lo lows way The record Is a as tol fol Territory or of Utah Great Salt Lake Probate Court Hai lion 1 las Smith judge me fhe people of oC the Territory or of Utah Ulah vs S Wm Win Morse and James Nenie April 27 21 An fo flied In the COUrt b by Wm Win M I Wal Wail and John R 11 Stoddard against Mor Morse ns as I and James Neale a as accessory before the fact ot of shooting one Joseph Joeph Wathon at Cly City Utah Count Uth Utah Territory Sam day clerk Isue Issued a writ for the arrest of Morse lorB and Jare James Nel Neal dIrected to Rodney Hodney Dager Badger con constable constable stable ot of Great Salt Bait Lake county Same time Issue issued subpoenas for Hugh Neale nail aud wife Janle Janie Nele Neale John Nele Neale directed to Rodney Hodney Badger APril 28 8 Writ return J I 1 have served the same by arresting the person persons and have them In court Y Constable Same Iame day sub subpoenas ena were wora returned endorsed Court caled called prisoners In court WIlam William Id Wal Wall John I IL Stoddard Ind and Hugh Neale were duly sworn and testified on the part of the people Wr Wm W Casper wa was dul duly sworn Ind and testified on the part ot of the The court after hearing the alega allega allegations tons of oC the partes parties and the testimony of the witnesses ordered the following judgment to be entered That there Is no cause of acton action and that the prisoners be discharged Immediately after this Ihl the time ot of the court WIS was taken up In trying a number ot of civil actions against Bridge Vasque Involving from O down downA A CASE Then comes the divore divorce case that ot of Ashton v 1 Ashton Te parte parties were apparently transients anti the husband had deserted the wife ann gone on to California Tho deree decree was grant grante e ad a as prayed WITHOUT A APISON PISON The frt judgment enter entered II iq which imprisonment was ordered Wt was In the thecae cape cae of Fre Fred Schaller and Phi Phil Waters These worthies were charge charged with horse stealing a species of crime always abhorrent to 10 the pioneers In any coun country country try and not Infrequently In those thole days culling for or swift punIshment The Prisoners In Utah Ulah however were vere given jus justlee UCe tempered with mercy merc Both men pleaded guily guIlty and throw themselves on the merc mercy ot of th the court relating the tho circumstances that had Impelled them to 0 the act acl The court court however would not accept the pIes without on their and appointed Hosen Hosea Stout to de defend rend fend them He promptly objected to the proceeding holding that the court Wil rae without jurisdiction and that be belag Ilg lag overruled asked for leniency The Tho curt court gave them a year ear ech each but here I arose another obstacle 1 It Wt sva the nut first i conviction In a criminal case aue ani and ther there was n no Prison In Utah The court over overcame ct came this how ver as 85 the ho judgment reading a as follows shuw hoys The court thereupon them to wear the bol ball and chain for one year I This was the penalty carrl carried out and r the judgment even onn there thero was no In Utah mST FIRST GRAND GnAND JURY JUH The frt grand jury caled called so 10 far as aa ashook look hook A records was IS In the Cl case c of p pI I III I II charge charged with resisting nn an The venire was sert served I by I It T Burton Durton deputy sherif sheriff who the services of John Van Cot Cott Mr Mm G 0 Perkins Cha Westover Benj Mitchel Mitchell I 1 HotchkIn Chua Chris D I F AI 1 Lytle John Pea Elijah Lisbon Lamb Sam Samuel uel Bringhurst John Cahoon and Abel Abe D 13 The record shows tha that thee these gente gentle gentlemen men were duly sworn and charged charge b by the court Ind and at p 1 in returned nn an Indictment The prisoner then pleaded guilty ane and asked for mere merc le He got oc off with lh n a atine tine ot of 10 and 55 cot costs cotA A CAUSE C CELEBRE What was doubtless a cause celebre I In those daYI days wa was the case of a man I go Ilg lag under uner the tue alas alias or of Darid hull who 1 it would seem WIS was charlo charged wih with steal stealing Ing catte cattle and other property belonging to McDonal Adams Usually Jamet James Ferguson represented the people atone alone but ut on this occasion lie he was assisted by J C Lite Little An ole ele element meat ment that doubtless added to the Inter est eat was the able conduct of the CilO ease for tor the by Seth Sells M who fought stubbornly for or tile his clent client Jor For this action a jury was summoned comprising J U H Bankhead J T Packer lacker John Lyte Lytle John Gerge Brim hal hail Hosea Cushing Milo Andrul Andrus D B DT BT T Sylvanus Sylvanua Jek 1 P 1 II Alred and Wa Wm J M Alred Mired Mr Dalr BlaIr being appointed to defend promptly secured a rule excluding al alt witnesses except the ole one testifying 10 He cale called for tor Is Its enforcement too later on when Christopher Merkley wn was called to the stand and nd carie carried his point The trial wa was a rather protracted OD one and one line mornIng l when the court I convened his hs honor wa was given a sue lur prise Observing says the record that the prisoner wa was not present lie he dl di directed that the roan man bo be In InDI DI Then arose Mr Ir Blair and informed i I the court dourt Hll that his clent client could not at attend tend lend the leis session lon for the reason that reon the night he had taken poison polson which he concluded wi will probably prove proe fatal Th court took a recess In order that the who had hod charge of the prisoner find the physIcian attending i him It if an any might be cale called time the court ur thought the prisoner be shamming but this was a quickly die pren proven and physician were ware cale called Anti and appear that their statements strongly supported the theory that hull would die for I it Is nole noted that Mr Ir Blair at on once e took the for floor and In view ot of the situation a as disclosed b by this lest ball ron men vigorously objected to pr In ing further at al the Ure time for tor the reason that the defendant vas as not IJ nt a us contemplated by law and furl further her that the issue or of hs his Ines illness might do away wih with the necessity ot of proceeding Probably the tide was set setting In strongly against his hla clent client Ind and Mr Ir Blair thought to do his tt best for Cor him b by secUring dela delay But the ourt court would not have hae It so and ordered the trial to proceed The attorney then stated that the court rull ruled against him on ons 10 s violo vital a point he would haw have nothing more to 10 do with the cae ease unless poi ordered to by the curt court Which the cOUrt promptly did Mr Dalr Blair was informed that his services were until the fInal issue ot of time case and he resumed How Jong the resume Pro prosecution ulon talked I is not recorded lut But Me Ir Blairs reoN record is 18 given ghen on the point The clerk me ro sets lets out that the distinguished his argument nt at 10 a I in neer talking until untila a 3 I p m Jut But it availed nothing The jur jury f SOund und Hul Hull guity guilty the venal penalty In a fine ot of 1000 0 six months imprisonment and awardIng Adams Adam no 2000 damage damages Mr Ir BlaIr wa was not at the end ot of his hia resources Ho He afterwards moved an arret of but bUl wa was overruled Ioor Poor huh has not yet e recovered he ever eer did or not nol because the shows that the clerk went tnt to his hlA rom room to read the verdict to the prisoner who Wil was unable to attend After Afler the verdict the tho court ordered the costs taxed the prisoner an and got around the prison problem again by ordering the bal bail and chain for Cor the term I It would be interesting to know what hat became or of Hul huh the the man man who pro pre tl tarred death b by hi own hani and im erred deth death b by his hia to Im no further but bUl the record traces him A 4 TIE TuB DAI BAIL Te The br bar nt at that time was nn an exceed tony email one and owing to 10 the corn com slight amount or of litigation wa was ot of ve very Bow stow growth A few years ears hl later r the following 1 Was waa pre to 10 the curt court The undersigned members of oC the bar barof barof of Utah Ulah re respectfully represent to 10 the court that this morning at G 6 Dr WillIam France rn an and wel well known citizen cItIe ot of this Territory died He died suddenly and to the surprise ot of hili his friends The deceased wa was an honest man and 1 a philanthropist al as wel veli as n a dutiful citizen Time The ro me uk ask that an adjournment ot of the court mi may be ordered til till the nd Instant that a dent decent opportunity may b be Ilen given to inter Ih tIme remains or of our do de dec c ceased d friend James Ferguson S B M Bair Blair Stout W V 0 MIle Mills 4 Miner DISTRICT COURT RECORD The reeN record or of the First district curt court commences wih with Oct Oct 6 the origin nl ai entry being a as follows Court convened to low law passed I by the legislative t assembly at o said Territory In the curt court house houe In Great Sal Salt Lake Iske CI City nl at 10 n a m Fees eat ent Ills Honor Judg Judge Z SIOW Snow Seth M I Blair district attorney of the U US Ua S a Joe Jo I iQ for forthe the raid ald Territory and W V I HI sq clerk ot of the Bu Supreme end t DI District courts ot of the 11 U S ot of said ld Territory lo No business being Ing pr pro before the tho court Urt l by of 01 the marshal adjourned until ue ues dl day morin morning the at 10 For or several lays day thereafter thre there imp pears to have been n no business amid ond o at atter par ter short deliberations the curt court nd ad adjourned the court admitted a Oeo e A Smith W V W V Phelps and 10 Stout to practIce On October the court ourt gave nn an opInion ot or some importance I It WM was to 10 the Iho eret effect that th the laws ot of the government lt of Deseret and also relating to the judiciary of the Territory and time the acts of the and ot of Governor Legislative Assembly Young were strictly leg legal according to toe the e oranie act JURY The first grand jur jury ever called con cn of Daniel Spencer William G 0 Perkins 10 Sherwood J B ID D Woolley ole Orson Spencer Wilam William M 1 Andrews Samuel Merrill John Shad rok rack lound Samuel Moore ore S A A Knowlton haries Snow N NV V JaMs W S Willis A 1 I JOhn Lytie J 3 B Hard hardy J I Ii NIile Noble Albert Ibert Corrington hIram Cannon son Reese Heese and A D 33 Im Imson Lamb Lambson The Tho first criminal cle case of oC importance was vas that thUl ot of Howard ra charged with lur murder r The rhe Jur jury returned re a verdict hiGh of not nol gUI guilty on October 18 mI mIA A The Tho same 10 day the first naturalization occurred James Ferguson it A native Jame of Ireland being admitted to citizen citizenship ship Thereupon le be wa was also alo admitted to the tho bar Admission to 10 practice were numerous for the lut next few days those enjoying the privilege Je bIng being Am Amos I Culvers Andrew Tyler Daniel 1 hI Suils Wilam William CONVICTION JOH FOIL MURDE The he frt first convIction for tel Col lowe b by the death pnat penalty appearing Pp arrn In the tho record Is In the case of Jerome Owens rr charged wih the murder oC John January 15 After n r trial the Jur jury returned a verdict of at guilty Toso Those who composed th jUr jurY were Ire Samuel I B Sanders Morgan John ray rny IUah Rhet Sheets James narel Barnes J A Thompson J y Packer lacker A p hard Lisbon LUbon Lamb J I 13 and Francis UI Um The prisoner when caled called for sentence made i a few romark remarks the h tenor or of which Was tWit tho Io Was accidental n He wat son em wa to 10 be shot hung or decapitated and when asked which thO he JC formed reviled that he dl n which Time he clerk remarks that the thu sas calm and collected 1 all the while shed no tar tears and nn an Indifference and aten seen In any one une or of riper riller years When the prisoner was a removed by bythe bythe the mAcalma continues s the clerk he manifested no feeling contrition or e ex COI The nut copyright issued wn was In 1853 13 the entry being al as follows I ne Be Is that on the dl day of No Nov ISU WIllard Of the First judicial district thIs tory hl baa deposited In this the tte titie of a bk book the right hI ha claims a as author viz Iz A few lIe itt lIethe time the Utah and alphabetically arranged Collected by byU y yD U D n II huntington Afterwards a similar entry wn nade with regard to A Guide to 10 Ie icy from Great Salt Lake Ike City b by th thew the New ew Route directly st and south of oC Sal Salt Lake entirely avoiding time the lum Mum boldt bohR ly by 0 Ii D Huntington |
