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Show and place of drafting such jury, which shall be at least twelve days before the commencement of the term. At that day an opeu session of court is to be held and the Judge preside at the drawing of the jury. ' The Clerk must write the name of eac.i juror appearing upon the litt upon a separate slip of paper, and plaeo all slips so written upon into a coverea oox. There the slips must be thoroughly mixed and mingled. The United S.ates Marshal, or one of his deputies, then proceeds to draw such number of names fairly by lot from the box as may have been previously directed by the Judge. The drawing ef the names by the United States Marslral, or his deputy, from the box is one of the essential requisites of the statute in relation to the arawinj; oi a jury, eiiher grand or petit This act, as well as the others above enumerated, is to be performed in open court under the judicial supervision of the presiding Juage, and all acts performed according to judicial direction aud immediately under judicial supervision are judicial acts and must appear on record. lt nowher8 appears in the record of this case that the names were drawn from the box No presumption operates The to cure this defect presump-ti3relevant is that the records of a court of justice have been correctly made according to the rule lies judicata pro In the lauguage of veritate uccipitur. Bacon, "The record shouid speak to future ages of the whole proceeding." TheCourt erred in sustaining the 3d challenge cn the part of the prosecutiou to lbs several polygamous jurors who appeared to be otherwise qualified, but who refused to answer a question tending to eliminate themselves. No cxtrins.c evidence wns offered to the disqualification, if it existed, as show in number, provided tervening 808, p;ire 150, of the Revised of either of t'iose jurors. A juror canStatutes of the United (States, and not not legally be swum to answer a quesfifteen as is provided in the Territorial tion tending to render him infamous, law, sec. 1 of aa act approved February aud if the infamy is to disqualify, ic must be shown by other evidence than ISth, 1870 A grand jury is one of the adjuncts by that of the propose jury. The f ict tiiat a party be'ongs to the which a goernuient brings to trial aud punishnieut offenders against its laws. same order or association does not renThe power to make laws carries with it der him incompetent to serve as a juror It wcu'd be equally as pertinent and incidentally the power to provide means for their enforcement. Hut the latter proper i) a trial for larceny to ask a with the proposed juror if he had ever stolen, or, power is only former. The power of the Territorial in a trial for murder, if be had ever Legislature extends to all rightful sub committed that crime, and if he should jects of legislation consistent with the avail himself of ihe privilege which ihe constitution aud laws of the United law gives, lor the court to prwiounce him a biased juror, as to ask him such quesStates. This is a grant of power intended odIj tions as were propounded to the jurors to meet tho exigencies of territorial af- ia this esise-It is iusisied that the fact called for fairs, for local and not for n&sional purposes, it is plenary t provide municipal if shown to exist, is not puch a one us regulations. It is no-- such a power .is would disqualify, and that carsainly no with the inference of diqualiScatioi ean be will authorije an iatorferenc ine ins of enforcing laws of extra terri- drawn from a refusal to disclose that torial foice, such as the law agiunst iiiMiitrrial fact. 1th. The Court erred iu refusing the bigamy. District Courts in a Territory have a defendant's challenge to the juror dual capacity a jurisdiction, of cases Charles lleade, who admitted to having an opinion on the case on trial. arising under the laws of th Territory, aud the same jurisdiction a is Tested in The jury should enter upon the trial the circuit aud district courts of the with minds 0eu to those impressions United States in respect to cases arising which the testimony and law of the case under tUe coustitution and laws of the ought, to make, nut with those preconUnited States. ceived opinions, which will resist those The original act orgnnizing the Terri- impressions, and a person who has tory docs not fix the number of the formed und mill entertains an opinion as grand j,ury in cases arising within either to the guilt or innncenee of a defeudani federal or territorial jurisdiction. In is incompetent to serve as a juror for either casa bow is thw number to be as- that reasou. &tk. certained? It is manifest from the orThe record in lai cause does ganic act that the exercise of these two not show the finding of an indictment jurisdictions thou'.d be kept entirely dis- by the Grand Jury against George Reytinct. The processes in the one case nolds, nor is there any recwd of the to- au entirely different class of fact that the indictment was returned by officers from that in th other ci.se the Grand Jury aud presented in ptn The die tine' ion is still in force, for court. laws when codified and revised are still The recoTd in tiis respect is fatally to receive their former constrsictiou. defective, and will not bppoila judgThe territorial Legislature may fix ment, and the Court erred in pronounc- the number of a grand jury to present j iug judgment upoa it. indict m sot a fer o'ienses against territoIhertfore the Supreme CoHrt must rial laws. Congress must fix. that num- took into the record and reverse the ber in the United StpJes cases. It has judgment for any defect that may ap done &o. The operation arl binding pear. Gth. What a witness testified to at a fjreo of the statutory rule tft.xii.g the number of a grand juiy to preeut in- former trial is orJy admiseiou in a crimdictments, for ulfsnses against the United inal case, if at all, when the witness is with the eser-c- t dend. States are of Circuit au l District Court n In this case the witness- was not dead That rule thus becontes an in- There was no procf that she was be cident of that jurisdiction. The incidents-inher- yonJ the jurisdictioa of the court. Shi in thw jurisditfion, wherever it had not been summoned to appear and goes. The rule, then, by reason of testify ai tbe trial. It was not shown of the jriiteijm. to which it is in that site (tke wiiaess) was under the oident upon thv tcrrnorvil District Courts control ef the defendant; or that she was is binding upon those courts when exer- kept away ly him. Until summoned Tuts rule,, she was under no legal obligation to apcising federal jurisdiction. therefore, tkui a grand jury must e&nsist peal? at the trial, and in any view, that of not less thau sixteen nor more- thaa was essential to bupport th hypothasis is f binding farce which was assumed as a gsound for the tw&oty three ia this- Territory Territorial Legisla- admission of the evidence of what was tion can&ot abrogate it; the mare recent testified to at the former trial. 8tfc. That portion of the instruction the :Congrecuoual Legislation knewn Tolaud Law) does not affect Lt. to the jury that they "should consider It is true that ibis qvie)ioa has been what are to be the conseq.uenses to the 'passed upon by this court in the cse of iuuoceiit victims of this delusion," etc , That submits to the consideration of the jury Reynolds vs The United States ruling, however, was predicated upon that which th legislative power alone the decisions of Engelbrecht vs. Clinton, is niithoriji'd to consider. The prinet al , abo the case of Hornbucklu vs. ciple that the jury decide questions of Toombs. The former of these decisions fact and the court questions of law, is of was a territorial case and entirety iu uo move fundamental importance than harmony with tb argunieat here pre- that tbe Legislature determines the reaIn the latter decision- the son for the law the sented. policy. Are the court expressly refuses to decide aa to jury to eonvict cn less evidence because what method of proceJare and what of the consequences to other parties of rules should govern ia United State future generations? this wide Opening cases. field of speculation to the jury tends to 2d. When a statute prescribes a cer- withdraw their attention from the only tain method for obtaining jurors all its question properly before them, vix.: Do be complied with. requisite iou find from tht evidence that delendant After the list of jurors is duty made commuted the crime charged? out and filed, ia order to obtain a I 'gal Therefore the judgment of the court or petit jury, the Judge of the below should be reversed and the de grand qouxi must givt pubiiQaoucsof Uw time. puadmit granted, a. new triaL The Inter-Ocea- THE ItEYXOLlW POLYvast and inexhaustible. She "(Dgica gunctiom GAMY CASE. in its wrath becomes personal ml SATURDAY acd exhibits entirely too much feeleul.liHb.i eviry WKDNKSDAT COMfA.NT. i'lllUSHlINJ ttlO OcDM YVsterday the case of George by for the occasion, like Blaine himing Cimita IV. Penrose. Killtor. self, its Ileyuolds came up on appeal befure anger affords a suspicion of the Supreme Court of this Territory. Matter. its want of faith in the ability of that Walter Thomson, It will be remembered that Mr Bey gentleman to disprove the chargos nolds was tried and convicted ol brought against him. in the Third District in Con- polygamy Blaine Mr. The course of 1876 17. JUNE SATUllDAT. Court, this being the first conviction gress lately, has been so violem as to under the Act of '01 Fallowing is a afford evidence of a certain despera synopsis of the argument, as it apto com; : y o k tion usually to be found in a man if ll w II mvi troul'ln mm I'UiWri.x'nu-npears in the Tribune, presented by is heuiUicd in and beset by inwho or on tti08 piivnti-Mr. Rawlins, of Sheeks Rawlins, Full of rit!i i.rt"r imlilifHtioii in tin JiVTloX, will surmountable difficulties. counsel for the appellant. Mr. Carty unit lie K"v"r",', '') H'" following rule: i'te only anger and overflowing with excite -- Writtf, if tur j.iil licittieii, ii foe to it on the part of the of line rtcKl name of writer, meat it soems to have been his de replied r.f fi i,..t in ri'.iii ily Jur puUinitiuu Imt fir jirotw:United States, aud Mr. Sheeks Hull. I'f hli!t I'ltt rxpliclt. siro to provoke to acts of violence closed the argument. The Court f 111" Ojj'Ii") 1'uMinliiirjr '21 If mi Uiwiim-'1'Iimuiihm, iliict-some one of his political antagonists, will take to Mulu-decisou. thus for-it- with a a Jumgof Editor Oupks II' tr :;.l Uiitt hope thereby creating If the point taken are sustained, TI N. in his favor. If the cona now trial will bo had. The Inter Oceau, as well as many viction is sustained the case will be Al IHOKlZia AtiKA'TH. other partisau journals, is impressed taken to the Supreme Court of thi art authtrizHl to with the theory that the American Tlit fallowiny ;i' United States; whore, we have no und Imnmrl any cdUct people still keep alive the war fueling doubt, on some points at least, the with (! "Juxttwn" Office in of ten years ago, aud hence that all appellant will gain his cause: xitth'Hfitl. f.tir it has to do is, appeal to the pjssious 1st. The couvt erred" in sustaining Loyai, I'rvihhnce and MillvUU, M. and prejudices of its own section in the demurrer to ihe first plea in abateorder to accomplish its favorite ment X.uii llytlf lnh ami tticl.m'.nd, II'. The prosecution in this ense was for scheme, which is the election of a an oll'ense against ihe UuiteJ Scutes. A. AVuV. Winter. man to the presidency as rabid in The number of ii graiul jury to present J!'. hrnuklin an indictment for sucli tui oti'euse should fifing Cimvurth. sentiment as itself. If rum or some inbe kixteeti or t n IIn-luo- ss Utah. (x;ii:. tj. t I i , Cmii-l';i- y r l s .i s i rmjiCi-iit'- hfi'-ll- i All AW, in Y.'dlnrd. S'iiiKtri-i- tin- vn , Cih' Yalliy. Me of t J,. 0. CISCIXX ATI C 0 VEX-TIO- X. J'oliuov L. The Hepublicun National ConvenJ'ftrituix tion assembled at Cincinnati at 12 Lake Valh'y lnr o'clock Jamcs Salmon ('"iilvillt The Couvention was called to Anderson ... W. J'aitaye order by Morgan of Eli II ' itear M ryun Co.,., . New York. Prayer was offered by Addi"'t ail btminiss rvMiiiiitiicntiiiiiK, Ilcv. Dr. Miller of Covington, Ky. WALTER THOMSON, After soiae preliminary business, Iliiiimt i'jnaijtr. Lux 02, Oyd, n, Utah. tho Convention adjourned until 3:15 p.ni., when it deliberations were re sumed. JAJIES Hon. KJ. MaPherson, of PennsylA few inor& days will settle the vania, was elected permanent chairhisnem-irn.tiofar so Mr. of IMaViH', t iso man, and Capt. J. Peane, of Missisfur tha- Presidency is consippi, Secretary, after which the cerned. It is Dot supposed at the fJonventioa adjourned until present irriiing that his 1st attack moraiug at 10 o'clock. nd wc will illness fatal. of prove will he ippi'cdilj recover from its hope d (fleets. Mr. Blaine is u inau of ability, and haa beeu a power la view of the fact that, on a full in his party; as ruj Ita beca charged investigation of the charge raado by with certain acts, which if truenmt Harney against Mr. M C. Kerr, materially affect his leputation for Speaker of the House of Representahonesty and integrity, wo hope that tives, every member of that body ho way bo restored to health ad present votad to exonerate- - him. from ttrenx'.h, in crder, if iouoeeut, to all blame- or criminality in the vindicate Uimself. premises, it h elear that the ekirge VarKnw oj'tnions sro now exvras basely; concocted for the purpose pressed as to tho cfiei't upon the con- of annoying a &ick mai, nnd to lie vention of Mr. Blair's illness. Bt stroy his pjro?pects for political pro do not suppoHO it will we resent j motioii. have much, if he should wuperate The eCects of this attack on Mr. as rapidly as his friends would have Kerr, who is- evidently &o only an tho public believe. are honest, but a very sensitive-man- , lVviou ti the illness of Nr. very serious, and wo shaJl not be i'Miimv altkouh be seemed to be much surprised if its resiilts prove pniinnj; sires gth iii tha west, wc had fatal. ' Harney sought to ruin tin supposed his chances of a tiomiaa-tio- character of Kerr and has succeeded were gone, and we think so still. only in blasting Ms owik last wctk our New York exto Vp Hr. Wn'lti'ilU S 1'opfUton A. Shnif E. S. Austin to-da- y. . a. ulai.m:. n - eon-cede- - - u changes, generally, seemed to enter-tsithe same piniou. TImj New HKISTOIV UESIGXKI. York lleraUl of a seceat datesaid The latest news of importance in 'ihe withdrawal of Dlaitw Ken is f tcea or twenty States adr.ft, ' nnd the political wold,is.the resignation of Secretary Bristow, which took again, l,thc Uepublican caava.s.1 is We coastru this reUlaine's demise makes place ictorestini:. the road easier for certain candidates, signation to imply a vigorous coMest nnd inure ci:barrassinj: for others" ion the part of Bristow and his Tltis shows that tko Herald at tkat friends, lor his nomination at Cintime considered Mr. lUaiae out of cinnati. lh race. TXo Baltimoie Gazette i iao7eu .h the- other Land the tha det)i of Astor and Stewart of Chicago, adherec to the e by nd the illness oi" Yanderbilt to reof Elai-i- viith great tenacity. mark: Tins paper whielii, thongh a. good "Airoid heing a at all i to lay up conducted1 with hazariik The true way newspaper in Daniel heaven' Drew as treasuresability,, is one of tke vabid I4oody a theological semidid, by endowing shirt sort, appea?s to. Itiiv6- ta.l nary with au uusecurcd note. That Wuine is impreguable, and his is a treasure which neither moth nor aad defewive aa corrupt." mst are agjresaLt n to-da- y. Inter-Ocea- - n for-lun- c ntiK-kinair- e ad - - , sec-tii- J. If H'irher. Malad City, Wiihw fyrinyt and II'. lhulloj. f'unnir'iyt.iii wenty-three- Har . 1 . t - . juris-dictio- u Way Down South. Logas, June Extracts from a L.vu-- a leuert, Johnson to fcer par.nts ia Moencopft, Arizona Mri.A,pAEHT(:Ji;i8V-'- oa the 28th of April. We a long dogway to get here. a baby in this place. liuse,40featlengand 12 e Therf "P l , ? We W?d m h.,,,wot ft port holes. and can seat 16 at one time WStl? tnrns doing ihe cooking, S.ster, t , I the next and we get We have five cows and along quitea fi JtraT rfock hie chickens, and all feel quite at Our farm 18 down in a hollow looks as if it had been washed 'out water. e have plenty 0f water clear and cold, the best 1 have tastS I left Logan. The water from springs and ponds, which htt 11 are about 4 miles- northeast of hm We hare a splendid garden, which looks nice and thrifty, and IJacre of wheat which is doing well The nearest Indian east of here They are the Oribasvery peaceable tribe. They have -! eat farms down here us, and yesterday bj thirteen of them came down here on lit little donkeys to tend their farms. Thev are very small in stature, about four and half or five feet high. The meaare verv thm and bony, tbe women short aud plump, and very sbj. About 400 yards from here are the of a once large village, but only a few houses are standing. There are four Oriba men and their tivirp here, fuur of wnont have been baptized and are very good .Mormons " One of litem, Tnba, has beeu ordained a Hi Priest. TheOnnasare very industrious They have sheep, and SJIju al)j wme their own clothing They are very kind tons, invite s down to their village give us plenty to eat, and cull us "Ilopees," which means ' our people." We had a hard time to ge here, and every cue traveling this w;,y should have water barrel Sometimes we would have to sit by the spring wish a cup, and wait for tbe wa'er to run in Ve were two days on the desert, but did not suffer much for water There was pleniy of good green grass. It is quite h"re from Cacbc Valley. When I look sround all I can see is rocks, sand, and a few sage brush. Across the gulch are the remains ef an ancient town, built of rock, and the tall piles of rockwork look like sentinels guarding the sleeping city of the past. We have a mail once a nxinib and would like our friesds (if they have not forgotten us) to write to us, directing S - wi-re- s diff-jient- . ineir wueis to Aloeu Coppy, Arizona, via Kanab Thus talkes an old farmer about his boys: Prom 10. to lID they know more than I dkl; at 25 the know as mueh; at "0 th-were willing to hear what I had at 3j tl ey asked my abvice; and tosaj; I think when they get to be 4a) they will acknowledgo thai the old niaiidoes know something. John Henry fays he's got a good thing; now. Whenever his wife goes for him with the roUingpin he says, "Remember that yoa are nursing the baby, Mrs. Henry,. and that any undue excitement on your part may be very injurious to her hea'th " li makes-- her pant like s looomotjve that has lifted its 3afetyvake but it steps the driver whetl. - H 0 4 in m - uut lth O 0 m. .p. r O ' |
