Show ii 4 i A A t baff JB report becort aerl herl asb tib ir y WEDNESDAY dec 15 being baldg a absan on mou account n t 0 illness the ibe motion to disbar was iks 1 cohl continued inget 1 I the traverse jimy to thura day 11 am and the grand jurat monday W 11 ti dec 20 court adjourn adjourned elto to 11 adof thursday dec lodd low court met moet attended to leadir 4 and adjourned to laam la am of Mond monday the fhe he r i i t fr u t t Q i MONDAY dec SO 20 the district attorney Indi indictment ciment clment found by the giand byry ry against geni gehl fer fen feruson for u using gitig I 1 language calculated to intimidate judge stiles at afe i it IN THE I 1 DISTRICT COURT 1 7 0 UNITED STATES IN N AN tF ORTH lal lai J DISTRICT districting IN THIS TERRITORY odi OBI UTAH OF 0 iBER TERM IN THE YEAR OF ONE THOUSAND EIGHT HUNDRED ely AND FIFTY EIGHT OF 02 ewh tili THIRD ii AL i I 1 the grand jurors of lot the united State Sta lesof america ein pannel led mii mil charged arged anata a udea nate worn 4 to en enquire quire in arid arld for fon tho the third of the territory of utah upon their mein gatlip xe sent that at the district court fobbe third judicial district in the territory of february arrn in the year ot thou thousand sand saud eight hundred hurd hund rit rii aid gifty fifty Vp I 1 holden at great sai sal lake laeli city hono bono honorable rable rabie george georg 1 P style sty leb lea thin then oile olie oie 49 ag 49 f th I 1 associate justices e of ou the su Supreme Court abw tha terri Tern ibm ibi ibry ry of utah and alid ex odric S io bidge of t tb tf e district dietrict court fo for i the e chrid judicial dist I 1 U afo aforesaid rebal resal d til the e said baid george P stile s tilen and thele suc judge as abor dadid halid then thele boi bol ding said sald district court as aforesaid for tor the february term as n the third judicial district as aforesaid un under der and by virtice ol of an act of con an aatto establish territorial Terri onnal orial go forU fori forr unah Ufah fah fab called the organic bract of the ibe territory bry of ciz utah approved september the ninth in the year of oui lord one thousand eight hundred and fifty was then discharge disc haige halge of his duty ai as such J Judg as affre said in the said sald District as afore aforesaid a ai abid alid the said grand ju furois r ois olg apor upon their said do further present that afler afier ward vir ver as to wl wit it on the faiq Thirteenth day of Feb February ruark ju in ihie they thewl year ear of our lord op one ode housand bausand bo usand eight qa bunal bunai ed L and fiffy severi seven at great gleat salt ity R i jn in the third jud Judi I 1 cl claT gui IVI district I 1 strict and territory rj aforesaid a f pre ore said eaid james farguson late of Grea gre grek isali iSalt lo 10 lake ake city in 16 t the he judicial WI District 1 aforesaid attorney at law did then theil and in ibe the sald said district court holden as afore aforesaid gaid gald for the thy february term Terin aforesaid and alid chile the doia doid baia said court was in session by threats I 1 intimidate the said george P stiles then th enand there bein r said courty courts court being thena and thee thele t be the judge as aforesaid I 1 linthe said baid district court fon for d Judi judicial ciali clail district in m the territory of utah uvah as aforesaid afore sad lin the ii discharge of hib his duty as bodge ft e as aforesaid I 1 contrary to the them form ot of the act apt of congress 1 it in such c case ase made ma de and provided i and ard against the peace and dignity of the Government of oJ the united f attea of america i h and ta the ie Gran drab granan Jn bors as a eph aforesaid s inquiring as aforesaid i d it i r rath nath 9 at b as 11 a f 1 further pre present seit that fa 1 lon thirteenth day of Feb eeb february ruay one thousand i housand a hundred bundred and fifty seven atthe February Ter feih an fn bif 6 the united unite d District Court holden holdah lit at breit gre at salt sall lake city within a nd for or the thard third judicial dis brict of the territory of the honorable george gaorge arstile then the ea associate of the Supreme court of the territory of utah andea officio df the said united states district court forab forth dorthae for thas thaE es aid third judicial District districts as aw aforesaid afore baldy saidy the said george P sales then and there bein being 7 buch such judge as afore s aid ald an d 0 then enand inand and here there h holding oldin said united sates district court as aforesaid lik lim for th the e february term as aforesaid was then and there engaged in the discharge of his hia duty I 1 as si such ich judge as aforesaid in the said united states district court cour i as aforesaid grand jurors jurate i aforesaid I 1 upon their further precept I 1 h at afterward 4 to cowit wit on the thirteenth da day y of february oneth on sand e d and ind fi fifty aty seven a atthe attebe t t b e F february eb term of df the united states S da coutt court for the year last aforesaid holden at Great Salt lake city foi for the third 11 1 of 1 the territory orv ory of utah a aa aforesaid before th e e honorable george georg 1 e P stiles then thih andl andi andward there being inythe the judge united states district court as aforesaid the said james Fr ferguson guson late of great salt sait lake city as aforesaid attorney at law liw did then and there in id the said united states stiles district court and arid while the same was in session before the said george P stile s so being heing such jage aa as aforesaid and alla engaged engage enrage fl in holding swid 6 a d knifed states stites dist ric brict court as aforesaid by threats eats endeavor 1 to in timi date the said george P stiles aven th en and here there an officer irr in said court being then and there here tbt judge as aforesaid in the said united states district court for the third judicial pi district strict in the territory of utah a as s aforesaid in the discharge of his duty as judge as aforesaid contrary act of congress in such case made and provided and pia peace ce and dignity of the government of the united states of america signed k i ALEXANDER WILSON U S attorney for the territory of utah t A true copy from the cri ori original inal inai indictment filed in in my office offic e dec 15 1858 tana and endor sedr sedi ta A true myrty bli dib belij fore anan 33 david DIVID A BURR beier clerk 1 zus i tea cea iiii wt irjud lii iii nilet filet 1 st U ter LS copy 0 attest W wf 5 1 l mr ferguson wished time to prepare his pre prep llin liin inary pleadings 11 he asked the coutt ford fora copy of ue the indictment and 6 capias caplas ia 9 adda an dfora or I 1 a list bist of the grand juror the court consider edit ads wa g natte asgari aars hars aary to gevea give a c copy 0 k 0 of the indictment in of n a misdemeanor J mr wilson said baid thease ther case casa was oaly only alya a misdemeanor in and d he be did not consider it necessary to give a capy oti ofa the indictment lialko he also thought ihl if ta gutleben deffree defence buthe waited wa agy tsy they suu should dat A e ia wha 4 that swap wished d de demun demur it was they Y to to j m 0 o mr that the party defending would dern dein tir ilat that jl w to tode de adur uhle unless ss they could obtain a copf copi copy of thenn the indictment for roi they wish to plead a demur tao to oar coun conn of the indictment only HP contended that they had a fight right to enquire I 1 into nt 0 tse pa panel ne 1 l of i the grand jury and ad see whether they we reali lawful men residents of tins tips district 37 the ju judge d in mr stout that the objections should shoula be i madely adeaby iea lea in ab mr inori ipie fo prepare pleading pleadings the judge said been time enough since ethe the grand jury foun found the indictment mr ller stout informed the court that bat mr ferguson had only learned of the be c came idd ind lod mo couri court that mornin gand thae that th at all he asked was time to make inake such pleas pl as would secure him hlin in his rights i the District Attorney contended that if the fhe itcy any fault U to mid find with the indic indict ev inept they ought to file a to quash ib the i array ar iti iri civit pleadings etwas not customary to allow admirer ad where gentlemen desired to demur it must be to on the face of th the 1 but if he defence v ishey ja to go oe V 4 ta they musi ilg oo 00 it by motion tp i qu guash if that thatis if they were not al aih 10 low t 4 de hiir it was wab a 4 to hiah e ht conte contended ed tha aha they ey had fiad a right to enquire re i into ilio the aria arfa array y but ther they b buano tf plead immedi ai cobstill con still taeke i 9 lle lie ile headid dd 1 nt know that th i jav dav colitto Co uitto to furnish thel ther thereta nta copy of g the 1 would ask tb the 6 cant t to td grant it I 1 list it atthe if i f the graid jurors as aa a matter of f courtesy sy mr wilson had ip object iori to the reni rent bentle men inen having tune bajt blo hlo be had a desire that the he I 1 caleb pr with as soon as possible thou r rt td t d declined cl t ed to e an or order M foi for fora a 1 cor cop copy coey tji EW ih and list of the grand jury but informed V and stout that t ther they coald be obtained atthe at the cleala office W jia jha VIA i Is n his ills honor remarked that in in consideration pase base rabe rase being bei bel ngone one of peculiar pecullar interest inhere at and character he till tom to m 1 at 11 1 ama amr a 11 u to q prepared prep prepare arld IR eis his 13 pleadings i ibm i 1 I 1 1 1 I 1 charley Woo r was released from further 1 service bervice on the traverse jarv juri i the grand jury made a to the effect that fan van indian 6 named i bahs marf named joseph ve r non ru I 1 ago alb alk i co A V ried til eli i 11 I 1 am of 0 te tuesday ot 10 i t i i i wl 41 rall I 1 tuesday y dec dee 21 11 a mw i the case casa as e e united states against james 1 fer ferguso u n ivas was called up i 4 tt mr r stout ibue on n bah behalf af of lir vir mr d to be court Coutt for th defense defense I 1 were not quite ready and asked for further tine line 4 ilie ille le notified decourt he Court that etwas th the an fn in 1 Sn 1 d betens ren ken W to file a moil moon 0 n to q quash u agh the ar array 0 graid gracd Jj irois ti f The Court would not sustain a motional mott moti this stage of the proceedings to qua quash sh the a ar r would hear bear arguments on a piear pleat in 1 abatement arid brid arid Arld would indulge the defense till 3 pan m mr en release relea seon saon 0 n I 1 his I 1 s pa parole 0 do i i i j burned till tilla 3 pm r tf f K 3 rr rpm t 1 PM air tont toni in formea ld the court coult that they lied had hai prepared a plea piea of abatement and a damu demurrer arrer and wished the court which should be dit tit 1 th the e i judge jude kepf replied 1 ed that there w was a s t pos itile law u upon p on teai that subject regulating pleadings in all criminal cases V ar sout Stout I 1 remarked 4 that ia ch law hafi hadi his observation s m mr ferguson presented a plea of abatement thel the judge said that a plea for abatement wab was very dangerous pleading for if judgment went vent 1 agin agid against st the plea of abatement nt it also aiso went upon the indictment t diro afro wilson raised raided the question as to whether erthe the plea for abatement was afi idd time after the indictment had been found for in some states stat it vias ivas was too late when was fl fond the courtway Cour court was of opinion that if there was anyta any way of taking exception to aarand a grand jury it vaai wab was by y ilga plea of abatement and told the dj D strict attorney that bat if he be wanted to arm arp arguetha t eje question he be could could do so mr air wilson said sald that he did and should sustain the grand jury the judge said thai that whatever could be taken advantage advant dge beof of at that stage of the proceed i 1 ings was by plea of abatement in answer to a quasion que sion slon by mr I 1 tive to the filing of the plea pica of abatement the J judge adge said that it was for the court to bay eay whether it would al allow low thimi to filet hhie file that hrat plea piea that thau the question did not involve anything ull nil uil i rl the we plea but was merely the film of the plea plew ite elfo the tile court informed thIr air fergusoh ferguson that he be would oni ond the gheral de decisions 1 upon auch such q desdions dest ions lons in holtons hortons Hor tons I 1 mr stout e expressed hit bit seit sett pl 84 that the case bad taken the turn torn i tar if judgment on the plea piea ea of abatement was anent on 0 i the t hp indictment then iti iwas very dangerous pleading 1 1 1 4 the court mr stout that that was the practice aad referred jb agas a case cabe chich onee one came andr his bis n notice where whelp adlea of abatement w ivas as presented prevented and ruled out b by the co courty counti and ud rin gin was rendered n a ere an the nent adjourned tot |