Show CHARGE orally del dei delivered evered ly by lion john cradlebaugh to the grand jury prova tuesdays march ery oil 8 1859 11 u ni inep reporter nE ORTER orten J 1 I will sa say bay to you gentlemen of the grand joir jiin jury juny ay that um from what I 1 learn it has been some inure since a court having judicial cognizance I 1 in yn your district was held no person has baa been beed brought to punishment for some two years and from what I 1 have learned I 1 am satisfied after crime has been committed iTJi ere la is no such effectual way of stopping crime rune no mearis meang means has been found so effectual ana and and sure aa is the speedy punishment of or the offender therefore so far as 3 ou are concerned and your com community muRRY it is a very important matter it if you desire innocent at ard aid d unoffending persons to be protected that you vigilantly and diligently prosecute all person who are violators of 0 the law 1 I will before I 1 close the remarks that I 1 intend to make make mention of certain crimes that have been committed I 1 will make mentioned tich tinned ilof 1406 certain of fences that I 1 am certain have baft committed vigilance is therefore necessary in consequence of the legislature not having provided proper means there is not that aid given that is desired to enable the judiciary to prosecute its duties but I 1 will say that the legislature in my opinion have legislated to prevent t the judiciary from bringing buch such offenders to justice I 1 believe that outside of this territory oryl where they have a legislature at all there is no place but what has a provision of law that persons found committal com committing mitti ng crimes can be arrested brought before tribunals committed to prison son and detained until the court having f jurisdiction 4 r 1 I 1 d t can try them such provision does 1 s e em to be made here there is no le legislative t LS enactment that seems to authorize a justice of the peace to a commit a person accused of crime to prison I 1 find that a party may be arrested brought I 1 before a justice of the peace and tried if it is a case that be has jurisdiction over but it if it is a crime or case that be he cannot try there is a provision that he can be taken to the court havil having hasing jurisdiction iris diction and ang 1 ba bp ta 1 i d immediately I 1 dia dla tely va ludd kudd tj ff ar enu enn bourt Jo urt A eram erom team r the nature of the dis dig district courts ana ah they lre are ire the only courts having 1 criminal I jurisdiction they are designed to in mag 8 e and try all criminal cases but the officer has no a authority to detain a person in his custody but he is immediately to take him before a court and try hi him m but a district court cannot always be in session this leFi legislation was perhaps to take away their criminal jurisdiction to prevent those cases getting into that court which is the only court that has jurl juri jurisdiction i s they have provided the probate courts wi with th criminal jurisdiction and it would seem that the whole machinery was made eo so that triet the they should be brought before that court and tried and the fact that there is no additional legislation to provide for bringing them before this court proves that it was done to prevent I 1 will say that the probate court can have io no idael 11 diction under the organic ac a t coti that organic act provides for S supreme supreme district and probate courts and for justices of the peace the organic act operates upon the legislation of he the territory the L are bound by that organic act in their legislation that organic bacalso et also says that these courts shall be as I 1 limited b by law but it is not to be presumed because it it sa sas bas 5 that the juris joris jurisdiction diction of these courts shall shail be as limited by law that the legislature shall extend it when the organic ar says there shall be a probate coart court w ith certain powers it is not reasonable to suppose that the legislature shall bhail sha I 1 jand sand yand extend those powers they might as ai ft C give probate jurisdiction to the Dis district Erict courts as to give criminal jurisdiction I 1 ris diction to the probate courts when llen lien the organic act says the jurisdiction of the probate court shall ahall be as limited by law it means thatchat that that they shall be as it is understood as limited by the laws of the united sla sia slates a it seems that the legislature ills rias liAs ve vested sted wem them with criminal jurisdiction to prevent the district court fro tro from lm having any thin got this ihla kind to do the reasons for this legislation it is not my object to speak of at present we say they have no power to do 40 the fact of a person having been before that tb at ourt is no bar to his comin coming before this it is no an more bar than it would be e if he had been brought before a vigilance committee in california any person suing in that court would be liable in a civil action for damages I 1 do this thia to impress upon you the necessity of the district court carrying out its jurisdiction and punishing criminals at the last session of the legislature I 1 understand that a code commis commission sinn was appointed to revise the laws and I 1 hope that they will take this subject into consideration and make such provision as will enable the court to do its duty there is another general genera matter to u which aich I 1 wish to call your attention there has been another attempt to destroy this court to destroy its usefulness to bring the judge and the business of the court into disrepute before the people even to bring the jurors into disrepute tb there ere is is no question about thi this I 1 read it in the deseret news nees the organ of the church in that the judges and the members of the bar are abused in all kinds of language langu aee ace in a manner that ig is calculated to injure them before the people and in that organ also the jurors are abused and spoken of in language that is calculated to influence their minds I 1 say these things are in that paper the only one published at the time in the territory and I 1 say it is proper for me to mention these things these things were enforced by one who was at that time the th e governor the executive of the territory when you see a person of that kind who is bound to enforce law using language of that abusive character the court thinks it is within its province to repel such insinuations as are there cast upon it so far as the attorn erys are concerned I 1 feel compelled to say that such assertions as are there ther e made are not true with regard to the jurors who are selected from the community for their good moral character I 1 say it is proper for you to disregard all outside influences I 1 understand that the person who was then the executive had bad a suit in the court and because he be could not get the control of the minds of the jurors he made those remarks I 1 speak of it because it was an effort which was made to bring an influence to destroy the independence of the jurors and to destroy the efficiency of the court these having been made to destroy your ae you should manifest that you are not to be governed by these outside influences that are rought brought to bear and operate upon the minds minda of the community I 1 said to you in the outset that a great number of ot cases had bad come to my knowledge of crimes having been committed abr through agh the country and I 1 shall take the liberty of naming a few of them the persons committing those of fences have not been prosecuted the reasons reasons why I 1 cannot tell but bilt it strikes me that those outside influences have prevented it it you do your duty you will not neglect to inquire into those these matters or allow the genders offenders df to go unpunished I 1 may mention the mountain meadow murder where a whole train was cut off oft except a few cb children ildren lidren who were too young to give evidence in court ithael been claimed that this offense offence was committed by indians but ut there is evidence that there were others who ho were engaged in it besides when the indians commit crimes they are not so diser discriminate imitate aa as to save children they would not be so particular aa as to save the children and kill the rest I 1 say you may look at all the crimes that have been committed in the western country by the Indi indiana anby ansy and there is no case where they have been so careful as to save the innocent children but ent if this be not enough we have evidence to prove that there were others there engaged in it A large body of persons leaving cedar city armed and after getting away were or organized J d 9 and went and returned with the epoff now there are persons who know that tha t there were others engaged in the crime I 1 brought a young man mall with witti me who saw persons go out in wagons with arms others on horseback were away a day or two and came back with the spoil the indians complain that in the distribution trib ution of the property they did not get their share they seem to think that the parties engaged with them kept the best and gave them the worst the chief there kanosh is equally amenable to law and liable to be punished fied and I 1 suppose it ia well known that he was engaged in assisting to exterminate the hundred persons that were in that train I 1 might name to you persons tha there a great number of 0 f them I 1 have bad named to me and yet notwithstanding this crime has been committed there has baa been no effort made to punish those individuals I 1 say then gentlemen it is your duty to look after hat that and if it is a fact that they have been guilty of that af dence fence indict them send for them and have them brought before this court I 1 might bring your attention to abnot another her hen case casp near here at springville Spring ville that is the case of the Parris hes bes and potter Spring springville ville Is a village of several hundred inhabitants there is orle one young boling man whom it wa was intended to kill he ran to bib bis uncles and was followed to bib bis uncles house bouse here are three persons killed and ind the thi criminal goes hed bed there can be no doubt b but ut by the testimony of if young parrish that you will be able to idel iden tiby those persons who saho were connected with it ile he can tell fell you who wa was g erga eiga engaged ed in it and who followed him to the b house bouse ouse 0 of f bis big uncle here are three persons that tha t w were ere butchered in a most inhuman manner and the offenders have not been brought to justice this is sufficient to show that there has been an effort to cover up instead of to bring to light and punish at the same place thore was another person killed henry fobbs who came in from california and was going to the states but got in here when the difficulties difficult leb les arose between this community and the general government and was detained when ilear henry y fobb fobbs g was here he be made his home at partial partia I 1 T terrys er Y staid there a few week weeks during that time hla bia horse and revolver were stolen he be made hig bia escape tried arid to get to bridger badger was caught caughey brought back and murdered and that is the last of henry fobbs no investigation has been made his body has been removed several times a so 0 that now perhaps it could not be found shortly afterwards his horse was traded off by terry here is is a man said to be killed by the indians and then his horse ia is taken by mr terry and traded for sheep it seems to me that these are matters that you yon ought to investigate fobbs I 1 believe lived ived in the state of illinois he had a wife and children and was very anxious to get back and I 1 suppose his wife is still anxious about him but as to what has become of him she cannot tell I 1 say thi this thib case ought to come under your notice and b be investigated and the ol Tenders offenders punished dont let them go unpunished then there was henry jonis that wab wag murdered up here I 1 beill belil believe e v LU I ET ai first castrated cast rated up in the city then went to payson was chased to pond town and was shot sho there it is said that be committed some of fence but if persons do commit of fences the public have no right to take the he I 1 law into their own hands they have no right to take persons and punish them I 1 understand that he was castrated cast rated that he be came down here that be was killed kled lied and the house in alich which he and his bis mother lived was pulled down there is another matter to which I 1 wish to call calI your jour attention A few das day dab a before the matter of the murder of the Parris hes and potter the stable of parrish was broken into and hig his carriage and horses were taken out this was done in the night these horses have never been returned that woman the wife of mr parrish told me that since then at times she had lived on bread and water and still there are persons in in this community riding about with those horses mr lysander gee has those horses he says sa s that a few days after they were stolen they were given to him and that be he was directed to t give them to no person whatever now it is a strange kind of matter that persons should go to parrisis Parris hs break open hig his stable and rob him ard then take the horses to mr lysander gee and tell him to kee keep them it does not look reasonable it wa would urd look more reasonable to suppose that mr lysander gee was engaged in it himself and it is an outrageous thing that this woman one of whose children was killed with her husband hab has been obil obliged ed to live in the very dregs of poverty 1 I say bay bring that man up and compel him lo 10 restore those horses and give the property back to her and do not allow her to live in in poverty while others are about the country here wih wilh her husban husbands dys property erty young mr parash parris tro gro is b bere here erea if the grand erand jury desire to have him they can use him as a witness L iti it is 11 not pleasant to talk about them thebe thing thongsy g but the crimes have been committed ansaf and I 1 if y you desire you can investigate hem them my 1 d de sire is that the responsibility shall b be wilt with be the grand jury and got riot with the court all the responsibility shall be with you and the question is with you whether you will bring those pers persons ode ove to trial I 1 have hereby named those ahre has been a great deal of crime committed and there is a way to punish those who have committed them I 1 hear bear every day of cases of larceny and an officer is now after a number who are engaged in committing depredations A great many mally cases have been committed near camp floyd buchas such buch as I 1 shall call the attention of the territorial attorney to such as buying soldiers clot ciot clothes bea bes unless yon you faithfully discharge your dui dut y I 1 cannot see how bow you are to escape from the influence of these casa cases s of larceny that have been committed I 1 t therefore h present these for the purpose of having you promptly dascha discharge ren your duty 1 when vh you retire you will elect your ciero clero and it is the desire of the court to expedite business you will therefore be permitted to meet upon your own adjournment if time is required the court will adjourn from time to give it to you io to allow these things to pass over 9 I 1 q a color as if they were done by authority au authority thorit Y th e very cry fact of such a c cabe p ae aa that at of the mountain our t meadows abri t that ha t ther there vas wab ewas sorn some e person 1 high in the n of MR the people a and nd it W was as done b by V that 4 autha a authority 41 rity aad aid this thia case of be the Parri Parris ahe abe heb hes lows bows w the unless you toil do a I 1 your duty sch sch |