Show erron eeron arron TED probity PROBATE COURT FOR GREAT SALT LAKE COUNTY I 1 the regular ferm term of the probable court for the county comity of great salt lake in the territory of utah commenced on dio Blo monday the day of june 1859 1850 in the new court house in great salt lake city hon ilon elias smith presiding june 13 10 a en court called by R RT T burton button sheriff of great salt lake county present Prea ent lion ilon elias smith judge john G lynch clerk of court robert T burton ahe abe sheriff riff and andrew cunningham deputy sher I 1 lff iff ff S at blair biair esq attorney general utah territory motioned that the names of attorneys atto who had been admitted to practice in the district courts be enrolled ai attorneys in thia this court the court ordered the names of those hose attorneys enrolled in this court and the following I 1 named attorneys be being ingles cresent ent were enrolled by the clerk S al blair biair lair esq attorney general U T hosea stout JAmes jimes ferguson a and aurelius Aure liua miner esquires Ep quires on motion of mr ferguson W G mills esq was admitted as an attorney at law in this court the following named persons having been summoned to serve as grand jurors were duly and sworn by the court theodore McKea nJohn M Moody Samuel moore wm win bringhurst jacob gates john van cott S roundy bach iab lab dustin A P city abram coon west jordan jordar char chaa westover south cottonwood john G smith geo mill creek IV VV W hutchins B big 19 cottonwood J T Pa lacicer cicer fort Iler ller herriman riman the court then charged the grand jurors instructing them to inquire into all breaches of the penal laws of the territory of utah which had bad been committed within the limits of great salt lake county and the manner of procedure should they have any presentments to make he ile appointed john van cott foreman whom he instructed to swear any witnesses that they might have to examine and if they r quiren any subpoenas bub gub penas the court would issue them and if n nt cessare ces gary sary compel the attendance of witnesses that might be required I 1 he biry jury kiry then retired to their room in charge of A cunningham deputy Fh she fhe erite riff the case of J L bebb bees ben seny who had sned sued out a writ of habeas corpus at the adjourned march term of the court to obtain possession of his child james L bess jr who was in the custody of its mother at the house of david fullmer in G S L city the said james L besa bess sen and his wife having previously separated was called and the court made the following order in relation thereto that tiie the mother should retain the custody of the child but that she shall not remove him out of this territory and that he be subject to any future order that may be deemed requisite to be made several cases of debt were di disposed posed of by the court during the afternoon session es iori lori a also some subpoenas sub penas issued for witness witnesses before the grand jury court adjourned till the instant at 9 am JUNE 14 9 AM court called by the sh sheriff erity i record of yesterday read and signed by the judge the following communication was presented to the court hon elias smith judge of the probate court of great salt lake county utah territory sir SIK we the undersigned undersigner under signed grand jurors im paneled ameled for the regular june term of the probate aate court in and for great greats aalt lait salt lake late county respectfully inquire the cause of the absence of our foreman mr john van cott who we me have been informed by the bailiff mr A cun ning bam was arrested by an officer of the united states army we respectfully ask your honor bonor whether you are in possession of any information relative to the matter and course we are to pursue JACOB GATES GEORGE JOHN M X MOODY W W HUTCHINGS J T PACKER WILLIAM bringhurst THEO rheo mckean SA MOORE 11 DUSTIN DUST IN B CHARLES WESTOVER A COON JOHN G SMITH A P FREE grand jury room G SL city UT I 1 june 14 1859 5 the court disposed of the following cases viz john B kimball v L D bunce in debt judgment I 1 tor lor plaintiff B leonard v W L jolly and others in debt plaintiff not appearing case dismissed margaret harrington v Ela elizabeth abeth gordon in in ejectment defendant not appearing judgment entered by d default court took a recess till 2 pm srm 2 r W court resumed its session T TS S williams esq appeared as counsel for defendant in he cae cafe of margaret harrington 0 Es izabeth elizabeth gordon and filed a motion to haie the case reopened re opened the court sustained the motion at ald aid d ordered the case reopened re opened and nine tomorrow to morrow morning was set for tte the investigate invest inest igat an on the grand jury came cume into court names called all present the tha court inquired the cause of mr van cotts coils ab absence bence from his duty as foreman of the grand jury this morning whereupon mr van cott presented the following statement in writing which at the ot of some soma of the in members embers of the bar was sworn to ilon E smith probate judge rudge in and for great gnat salt lake county territory Tern tory of af ah sir sisa being bein summoned as a grand juror for the county of great allt ailt lake in the terri tory ofa off utah cUtah and having baving failed to appear according accor diug to the adjournment of said court under your honors directions I 1 beg by way ct t apology it such it can be called to make A brief statement of the cause of my non attend ance in the jury room this morning to officiate as foreman of the grand jury having bee been n informed late in the afternoon of yesterday that a company of soldiers wih their animals animal wagons etc had bad camped upon my wheat field in the five acre lots lota in the bouth east quarter of GS L city and adjoin ing the county road I 1 immediately rep tep repaired dired to the place to ascertain why such liberties were taken and on making inquiry for the ing office officer rj was directed to capt aduron An Arr uron aerson who sat in a tent near by I 1 of him by whose authority he bad camped on my wheat field he implied le ie plied piled by my own capt anderson ad united stated states army y I 1 remarked to him bim that he had bad l upon tipon my heat wheat lie he replied using language unbecoming a man or gentleman that it was wad commons co amona and he be would camp thele he damned pleased I 1 said to him that I 1 respected him in hla lito rights and 1 I as an american citizen wished to have my rights n respected his reply was I 1 god damn you you lave not got any rights I 1 replied saying I 1 have rights and shall maintain them ile he then threatened to do me roe violence by kicking me also to call upon the guard lo 10 horsewhip me I 1 replied that it would not be wholesome for him to do either he then called the officer of the guard with a file of if men and arid arrested me arld arid and carfi fled fied me nae in inguardi guard quarters where I 1 remained from about bun tun down until between 3 and 4 this morning when I 1 was called for and delivered by capt anderson into custody of the united states marshal marshai mr air dotson and aft afterwards er because of an error in serving the writ was waa remanded back by judge sinclair into the custody of capt anderson upon whom the writ should have been served istead instead it of myself I 1 then as I 1 suppose by way cf of apology was released by capt anderson arld and caiane came home the soldiers to their praise treated me well and I 1 believe them to be pretty honeyc men for I 1 came off minus only one pair of mar bingales tin gaies gales with the exception of the entire crop of wheat etc eaten by the troop borses horses of the company JOHN VAN COTT sworn and subscribed to before me elias smith probate judge in and for great sait salt lake county territory orv of utah this fourteenth day of june adarie adarle AD adene mrle arle prie thousand eight hundred and fifty nine ESMITH probate judge the court considered that the reasons bet set forth were sufficient excuse for his non rion attend ance the court inquired if the grand jury had bad any communications to make mr john van cott foreman on behalf of the grand jury presented a true bill of indictment against D deloss gibson for murder the grand jary was adjourned till the anat at 10 am and the court adjourned trl tri tra til the loth hist at 9 a in they could reach the paines mines they were collectively a wiser bet get of 0 fanatics than can generally be found running to and abid fro through the earth in search of something to satiate flati ate their desires often forgetting that without food they cannot long exist if it many such did not go to pikes peak tb there ere ene has one new thing transpired under the sun |