OCR Text |
Show THE JtlESEL CASE. Relative functions, 'The case of the People vs. Julius Kiesel is not jet decided. Before the sentence was pronounced by the Court the jury having fixed the penalty at ten years imprisonment a writ of habeas corpus was obtained and the prisoner was taken before Judge MeKoan in chambers, at Salt Lake. His discharge was demanded an the ground that the Probato Court has no criminal jurisdiction, and his counsel worked themselves up into the regions of "highfalutin," beyond the purview of law and the Kphere of coiumou sense, and wanted the officials of the Probate Court . but have great doubts as to his ability to accomplish his wishes. ' This question of jurisdiction is now pending before the Supreme Court of the United gtates, and judging from the way that court has treated his other blunders, we have no doubt about its decision on the Probate court dispute. When Kiesel will bo brought to trial before the District court' it is impossible to say, as Judge McKean has sq managed affairs in the interest of criminals, and those accused of crime, that it is possible their day of judgment may be postponed till the sitting of the Great Tribunal before which even District judges must apwrested. pear, to give an account for the deeds the Judge McKean decided that done in the body, and where" legal the be set aside, ou conviction technical loopholes will quibbles-anground argued by couusul, and held the prisoner under bonds of 1,500 for tml before the District Court, intimating his willingness to take action against the. Probate Court officials, if the way to do it could be pointed out, and stating that the magistrate who committed Kiesel be entirely abolished. The public, of course, form their own judgment as to the guilt' or in nocence of the person convicted by a jury of one of tho grave; t crimes, and the Junction has endeavored to make the matter plain by lengthy re ports of the trial beforo the Probate on the preliminary examination, court. This much, however, must should have bound him to appear be said, by way of explanation, in before the District Court and not the justice to the prosecutiou : The Probate Court. particulars published were taken from The question of the jurisdiction of the minutes of tlio counsel for the the Probate Court has been argued defense, as circumstances prevented inrtuy times by the press of the Ter- our sending a special reporter to the ritory, therefore it is needless to say court, and it is well known that counmuch about it at present The sel on either side take notes more Organic act provides : ''The juris- particularly for their own special use diction of the several courts herciu and bearing on their side of the case. provided for, both appellate and With these remarks we dismiss this original, and that of the Probate disagreeable affair, now in the hands Courts, and of justices of the peace of the. Third District Court, which hhall be as limited by law' is responsible for the issue; the If there be any dispute as to what Probate Court, of, Weber County "law" is here referred to, it Can b having the matter takeu forcibly out decided by reference to other parts of of its jurisdiction. the Organic Act where a similar phrase is used referring, undoubtedPAST AND PRESENT. ly, to the laws enacted by the Legislative Assembly of the Territory, Hon. Alexander Mouton, exGov-erno- r is whose power made to "extend to of Louisiana and Uuited States ad the rightful subjects of legislation Senator from that State, from 1831 consistent with the Constitution, etc." to 1847, has recently .made a draft For instance, it is provided that the on the Secretary of the Treasury for time, place and manner of holding the amount due him during his lonir elections, et., "shall be prescribed by term of service. The eminent stateslaw." Also that writs of error, bills man was at that time a man of ample cf exception ' and appeals from the fortune, and was contemporaneous district to the supreme courts, "shall with an era that was particularly disbe allowed under such regulations as tinguished for the absence of the which is a characteristic of may be prescribed by law". The eame provision is mado in regard to so many of our public men iho assignment of judges to their There were no hack salary grabbers form of oath to be taken by in those halcyon days, no mercenary various officmlsj and other matters tools of corrupt combinations that pertaining to the welfare and govern- now own in fee simple an army of ment of the lerritory. No one claims Then the best talent of this that applies to any other "law" the nation honored positions of trust, than the enactments of the Territori- and the emoluments and perquisites al Legislature. The words "as limit- of office were not considered as indised by law" in regard to the jurisdicpensable accessories to place. tion of the Probate court?, must be The vicissitudes of the last ten taken then in the same senje. Actyears have reduced the ex Senator to this on the ing authority Legislature a condition aluidst akin to indigence. has provided that "The Beveral Pro- He solicits relief from the embarrassbate courts id their respective coun- ments which weigh heavily upon ties have power to exercise original him in his old age. When engaged jurisdiction, both civil and criminal, in the service of his country in its etc." And that "appeals are allowed highest'national councils, the salary front all deerccs or decisions of the to which he was entitled rightfully ' Probate to the District courts." was an insignificant consideration, . pig-gishne- ss to-da- law-maker- y. s. . Now according to law the Commi- and, like many others of the political tting magistrate did his duty in bind- school to which he belonged, he compensation or reward for the ing Kiesel to the Probate court, distinction McKean conferred upon him to the contrary not- high Judge withstanding. The latter sustaius a by his countrymen. Their confidence doubtful and, as some say, unrecord- wus the greatest reward to which he ed decision ef the Supreme court of aspired. ,The decree of an inexorable this Territory, to the effect that the fate has forced him to demand the Probate courts have no criminal ju- payment of a just debt, which he forrisdiction, In opposition to the law merly disdained. That it is recog which he has sworn to support. We uized as just is acknowledged by the have no doubt of Ms williugness to Secretary of the Treasury, who hos take proceedings against the Probate given instructions to examine the acofficials for not bending to the dic- counts of rnor Mouton and to tum of judges who have assumed leg- - honor his requisition. . ijr-nor- ed ex-Go- vt . ..This littli incident is LOCAL ITEMS.' interesting in establishing a comparison between From Friday's Daily of Dec, 26. ts cormoi-anand the grasping rapacious Ckibbkd. Three arrests for drunken-es- s who fatten at the expense of the and disturbing oftbe peace were federal treasury, while ostensibly made yesterday. serving their country, with the more elevated tone, which prevailed among Present. J. Alma Browsing was the statesmen of more than three deyesterday presented with a precious cades ago. It is also apposite to the Christmas gift, a treasure weighing-pou- nds of debate the on repeal disgraceful avoirdupois. the salary grab bill which has just closed in Congress. entire day the streets were alive with activity. Nearly all of the stores were open during the greater part of the day and many a dollar that had been hidden in some Btrong box or old stocking, W08 thrown into circulation. The aA "6uc Brass Band was cut and treated their many friends to a feast of music. The Junction acknowledges the compliment of a serenade tendered. In the evening mere were large gatherings et Wood-m msce's and Child's Halls, and a party at the Union Depot Hotel, given under the auspices of the Ogden Union Social Club. The day closed as it begun, and it is with pleasure that we record, that the ebservancc of Christinas day, 1873, was marked by a spirit of universal good will, and by many manifestation of satisfactiou. New Year's Cat.l. Several ladies in this city will keep open house oh New Year's Day, for the reception of their Condensations. From Sunday's IleiZ friends in accordance with a custom aid: "more honored in the breach than the Affairs in Dry Canyon, Tooele Co., observance." are in a prosperous condition, and times arc lively. The residents are jubilant Bad Bridgi:. The bridge near over the richness and extent of their place, on the road northward is in Condensations. From Thursday's mines need of repairs, 60 we are informed, aud Herald : A legal luufinary cf Salt Lake and a little attention jusidow, is greuuy Messrs. Sloan & Co. have been for the Police Judge, met in conflict oa Sat- needed and will save considerable .extime at work on the largest boiler some urday last, without decisive result. pense. Who will take the Lint? iron job, that has ever been done in the The Mayor will decide this morning the Rocky Mountain region, for the Germa-ni- a merits of the case. DirecThe Visitors. .Mining Compauy,.Tintic. The castAnother crowded house greeted the of the Colorado Cetrral road arriv ing weigh about 1,200 pounds, and the tors "Nymph of the Lurleyburg," Saturday ed in Ogden yesterday afternoon in the iron work will weigh upwards of 70.COO evening. The first "Lurleyburg" mati special car of the Directors of the Union pounds. nee will be given bn New Year's day. William Brant had a preliminary exPacific. They left in the evening for Salt A Utile girl in one of the lower wards reach to amination for killing Eenuel last Sunday Lake City, and are expected fell on the ice Saturday and broke one when they Inay evening, and was committed to the Prohere evening of her arms. extend their visit to California bate Court of Tooele County, for trial; Tasker and Grey were arrested on the probably but as there was uo Bccure place for charge of stealing fivo head of cattle. Probate Court. The cae of Mingo keeping the prisoner in that County, ho They were taken before Justice Clinton was brought to Salt Lake. and held in bonds for their appearance was concluded last Wednesday evening. The Silver Cloud will be sold under The jury returned a verdict of guilty of before the Justice to satisfy a claim of $1,400. execution The Territorial Marshal sold at public murder in the second degree, and fixed A couvict named Stocktied, a Dane, auction, last Saturday, the Mullin mine, his punishment at ten years' service in who speaks very good English, has esfor $537, 0O, sufficient to satisfy the judg the penitentiary. Mr. McCutchen gave ment. noticei of his intention to file a motion caped from he penitentiary. The War offers a reward of $25 00 for his reThree specimens of marble, one mot- for a new trial. To morrow has been den and delivery. tled and two white, from Tooele Co., desienated as the wiay for hearing the capture The "Delmoniso" has closed under were exhibited in the editorial room of motion. the pressure of meal ticks duly issued the Herald on Saturday. aud paid for in aJvance. Mauy who A temporary of the Change of Rates. Postmaster Jos. dinSalt Lake Shooting Club has been effec- Hall announces that on and after the were "liken in" failed to jet their ner last ' Tuesday. ted.' first day of January, 1874, the registry was a disgraceful fight at a parThere A soldier tried to steal a ensef twenty-ffee on domestic letters, that is, letters of the lower Ward school in one ive rings from a store Saturday sent from one post office to another in ty ' last Tuesday eveuing. night, but was seized by a clerk, who the Uuited States, wil be tight couts in- houses, Some bruising affairs aud .'kirmislics got hold of a pistol and marched the stead of fifteen cents as heretofore. This thief off to the police, who placed him reduction will be acceptable to all who preliminary to the ushering in of the Christmas holidays. in the city jail., may have occasion to avail themselves Prom the Tribune, 25th inst : of its benefits. From the Tribune, 28th inst: The fish markets are supplied with snow is two feet deep up City . The and salmon, from Sau FranCreek. The Fire Engine The fire engine sturgeon .. cisco, Two solitary miners keep company was brought out yesterday morning for 5now is three or four inches deep off with the grizzlies on Scott's Hill, but trial, and attracted much attention from the main streets, aud sleighing is good, they give one another plenty of room. a large number of spectators. It was A A match for $100 has been made begrand opeuiug ball was given by the worked by some lialf a dozen men who, Central Hotel Company in Corinue, ou tween Walking John and Mark Moore, although not perfectly familiar with the o co.ne iff New Year's day, Walking Christmas eve. John to curry 140 pounds and Mark manner of operating the machine, yet Tlie Butcherville mine will soon supsatisried all of its fitness for the purpose . Moore DO pounds. Lake peoplu with a fair A shipment to New York of twenty for which it is intended. Mr. Pike had ply the Salt article of coal. " bars of silver brick from the Raymond the the of aud un management engine, and Ely mine, was made Saturday last The institute will te clesed on Sunday his was worked so successorders der it & Co. by Wells, Furgo evening next, and re opened ou the 4th fully, that the best, results were obtained of January, when lecture will b,e defroth the experiments of yesterday. A livered by Governor Woods, on the "ori- Tiieatrk. Saturday Night. An audiheavy and steady stream of water was of ence rtspectable iu numbers and charthrown to an altitude equal to that of gin teligion." A letter from French Guiana, written acter, witnessed, the presentation of the highest bui ding in the city. All the latter "Ten Night's in a Bur Room," at the part of October, gives no very that is now wanting is the organization account cf the gold miue Theatre Saturday night. The peifor-manc- e of a fire brigade, to secure which steps encouraging was in the greatest degree creditin that country. No one is advised t will be taken at an early day. able Mr . Lindsay's rendition of the go out there uuless he has at least $2,000 to expend in taking chances, which are character of the "Drunkard," was most Mr. G. J, Wright was unObadmirable not as good as can be found in thellnited Yesterday, and how it was' exceptionable as the missionary. Mr. served. Christmas was observed with States. A large quantity of bullion is on hand J. L. Dee, as the landlord, was effective spirit and in a manner that contributed from the beginning to the end. Mr. much to the enjoyment of those who at the shipping houses near the depot. Joseph Wright did well, but the char- celebrated the anniversary, which is acter was not one In which he could recognized as the occasion of rejoicing the Christian world. Ou .' throughout display his peculiar talent. Mr. as the Yankee, was pprightly and Wednesday night the streets of the city I3N" Ghis sullies were well received. Willie were thronged with eager crowds seek' AND Hammond, by Miss Bowring, was true ing the various places at which gifts into the part. Mr. Caldwell balked ns tended for friends and kin, could be usual. Mrs. G. J. 'bright was faithful, purchased. All the stores were well atRock Spring, $ 9.50. 10.00 Delivered, tender and interesting, as the wife of tended by customers of every age, sex 7.50. Coalville, Joe Morgan. Mrs. Bowring displayed and condition, and the glittering array 8.00. Delivered, her usual ability, as the wife of Slade. of fancy as well as useful goods that Keep Warm by Getting Good Clean Coal. Mrs. Jost was just, witty and inimitable adorned the counters and shelves preas the Yankee girl. The most attractive sented a most attractive epectaile. In YARD AT U. P. FREIGHT DEPOT. and, impressive feature of the entertain-men' Ordotn left lit Douglass ' Meat Market will t' many houses there were pleasant retilled. promptly were the affecting scenes between unions and sociables; in the public JOHN TISCOCK. slQJ 8m. May Bowring, as Morgan's child and places of resort many gathered to inher father, and the one in which she dulge in the fleeting pleasures of the dies. She was really superb, and at. flowing bowl and general hilarity. A v traded general admiration. Perfectly good feeling generally prevailed. At natural and graceful, she exhibited a Woodmansee's and Child's Halls parties S doors west of Meeting Hall. feeling and tenderness that touched the were gi en, and at the first place, so hearts of her audience. She will make great was the attendance that mauy were WATCHES, CLOCKS, her mark on the stage, and merits the retusea admittance. The dance was AND JEWELRY, commendation. was The till a the highest play kept up early hours of morning. Manufactured end Rpaird. Yesterday opened propitiously. great success. The Frames Album, Picture At the conclusion of the drama, Mr. morning was ushered in by a liberal Moulding- Hood Alston gave a recitation, which salute f fire crackers and the Thotographs, or Ambrotypes accuratemerry ly taken. was appropriate to the occasion. It was jingle of the sleigh bells. People in holiCopied." well received. day attire were out early, and during the Cor-dou- 's to-da- y. i ' , . i , i 0 YES!! 0 YES!! Wads-worih- ROCK S I?E COALVILLE - COAL! t, CARDOM BROS., x log a iv, " Pictures |