| Show reported THIRD JUDICIAL DISTRICT COURT THURSDAY july 28 2811 11 am court met pursuant to adjournment in the council house hon charles E sinclair pre siding biding the list of giand juryman jurymen summoned was called as follows william nixon daniel spencer pencer john Y green joseph young elias 11 perry joseph foreman lustus justus oEarl earl eari franklin B woolley john 13 kimball william brooks erastus snow alfred randall vincent shurtleff eft elT J R summers samuel snyder lyman leonard william bell E IV van ettan leonard L 1 smith hiram kimball thomas J wheeler ezra T benson samuel worthen daniel H wells A rule was wis entered against vincent shurtleff justus earl and samuel snyder who were not present to answer to their names when called court took a recess till 4 pm 4 pm court resumed its session the jud judge jude e asked it if there were any gentlemen present who wished to report the proceedings of the court and if so for what purpose mr long said that he wished to take repert report and designed to publish it in the deseret news mr air blair filed a motion notion to quash the arra array y ct of the tha grand jury OB on behalf of hia hla client lt thomas colbourn the motion was overruled by the court mr miner filed a similar motion in the name of hib bis client theodore thorp overruled the rule entered against justus earl and vincent shurtleff was discharged for good and sufficient reasons appearing to the court the court appointed william bell foreman of the grand jury after which he was sworn 1 and then the rest were called and sworn brorn sworn by fours the judge then delivered the following CHARGE TO THE GRAND JURY or OF thit THIS GRAND grann JURY since sand of No november rember last when I 1 charged the irand jury in this city the judicial districts in this territory have been arranged rearranged re by the legislative assembly and it ti is necessary ne cesary tb that at I 1 should call your attention to the fact that your inquiries maybe directed t to that district of corl cori country over which this court hoida holda jurisdiction jurist s the third district the court cf of which Is now convened and of which you are the grand jurors juron Is composed of the following counties A tooele thoele great salt lakes lake summit green s weber box elder sider cache malad greasewood wend wood and detert desert your tour enquiries will run ran and he be circumscribed as designated by the legislature your tour attention Is I 1 cirit called to of offe fences ices against the laws the united states in my f ormer former c charge reveral several crimes crimea were specially mentioned i to which now invite your consideration in respect to the subject contained in that charge I 1 have hare to jay siy that it has his been disposed 0 by ting ling branch of the government in a manner of which I 1 the he court was previously cognizant and to which it inter interposed no objection were it now an open question I 1 sh should pot pos u d unhesitatingly express the same tame views la in regard to the law os the case the opinions of this court can only be connected by competent appellate tribunal tribunals A portion ef of the military force of the united states Is tation rationed ed in this territory and it Is to the duty of all goo good d citizens to assist as far as lies la in their power in supporting the laws applicable to the regulation and control of if its army riny it becomes your duty therefore to consider t the he following statute of the united states and to set on fo toot ot uch such proceedings again against t all who have offended again it aa as will bring the guilty parties to deserved dese arved every person not nol to the rules es and sod articles oi of war who shall hull procure or entice a soldier la in the service of the united states to desert or who shall purchase from any soldier soldiers his arms uniform clothing or any part thereof and every captain or commanding officer of any ship or vessel as one or hit his crews crew knowing hira him to have hare deserted or otherwise carry away any such soldier or shall refuse to deliver dellver hlin hirn him blin up to the orders or of his ca commanding in officer oCil shall upon legal conviction convictions be fined at the discretion of any court having cognisance ot of the bame fame in any sum not nut exceeding three hundred dollars dollar and be imprisoned any terna tena not exoe edila one year P the law further provides that it if any person or pers persona cris shall knowingly knowing ly and wilfully obstruct obstructs resist or oppose any officer of the united state states in serving or attempting to serve or execute e any mesne means proc process essi or warrant or any rule or order of any of the he courts of the he unite i stat Sta tetos or any other legal or judicial writ or process whatsoever or ab shall all ali as ault auit beat or wound any or other person duly author lied in serving or executing any writs writy writ rule order pro or warrant aforesaid every person so 0 knowingly and wilfully offending in the eoy eay rc fh rhall 11 en cn convict conviction io n thereof be imprisoned not exceeding twelve months and fined not exceeding three hundred dollars 2 a should cases ut of his this class be elicited by the lc In you are about to institute you will make such pre presentments ent to bib hib bis this court as s will lead to the prosecution of the we are here herp by various varlo vario tut indian tribe and it Is ne necessary that we should see that the laws lawn regulating I 1 ans and forbidding illegal correspondence with them are the law upon this Is i that it if any citizen or ot oth r person residing elding re within the united states or orthe the bert atory thereof ii shall send any tivy tik messaged megs meis age gd or letter to any indian nation natio ni tribes tribe cht ahlf f or ual with intent to produce a bu or infraction 0 aby treaty er other ija of the united unitt states State sR or to disturb the penn peace and tranquility of the united states be b shall shail forfeit and pay the sum of or two thousand dollars there Is another statute of the united states to which I 1 wlm wim to call your especial attention tit any person or pel pet bonx shall falsely reake mike forge or counterfeit or rause cause or to be falsely made forged er or count rf fied lied or ald aid ld or assist in rall rail fairly y cik nik ints forgang or counterfeiting felting any paper papers writing or I 1 instrument ment in imitation oty orp of or purporting to bey bet be an art indent of tae tie public stock or r debt treasury trea tres sury iury nute bute kutes lutes cr r other public security of 0 the united state states or any letters letter paten patent ta issued or granted oy ty the president of 0 the united states or any bill check or draft for money drawn by or on the treasury of 0 the united states or by or on any other public officer or agent of the united states state duly authora authorized z ed to makes draw draws accept or pay the sameon same came on beh beb behalf f and for account of the united states or it any person dball shall b all ail utters utter or publish or attempt to passy pass utters utter or bp as true any such buch false forged or counterfeited paper papers writings or knowing the same tame to be false forged or counterfeited with intent to defraud the united slates sistig or any body politic cor or corporate or an any ether other person or persons whatsoever or if any person or pers persing shall falsely alter tiler any soy indent certificate of 0 I 1 the he public stock or debt treasury tre lre sury note or other public security of the united states or any letters patent if sued issued or granted by the president of the united states stater or arty any bills bill bili checks check or draft for money drawn by or on the he treasury of the united states or any other public officer or agent of the united states duly authorized to make makes draw accept accepts or pay such bills bill check checks nr or drafty draft or if it any person or persons persona shall thill pass utter utters or publish or attempt to pass passy utter utters or publish as a true and unaltered any such cuch falsely altered indent indents certificates certificate treasury notes note or other public security letters patent or bills bill check or drafts draft knowing the same to be falsely alrered altered alte reds with intent to defraud the united states or any body politic or corp corporate orates or any person or persons whatsoever every such tuch person perdon BO so offending shall be deemed guilty of felony and end shall shail on conviction thereof be punished by fine not exceeding five thousand bellars dollars dei del lars and by imprisonment and plit vitt to hard labor labors not exceeding ten year accord ng 0 ahe khe the aggravation of the of fence recently gentlemen gintle rentie men a confederacy in crime against thia this statute has bee bet been bein n discovered at camp floyd an attempt has been made to counterfeit and put in circulation a large amount of the drafts of the quarter master at ca camp upon the assistant treasurers Treasur ers at 1 I st louls louis and new now york tork some of the parties implicated have heen been arrested and are held for trial in the 21 district brict under this act the crime bas baa been actually actu aily ally committed but to what extent this abl felonious felon teion ioos loos efort to defraud the government has succeeded Is not ir known n own the plate wag was manufactured in thi thia this e city here nere was the theatre of criminal operation the plan was one which could not nat have origin originated abed with an inexperienced parson person nor been carried out except bv by a confederacy it shows chow an aptitude for such work and a completeness la in its execution which might not have been looked for beyond the territory oryl where here the facilities s for the commission of such of fences are presumed to be far greater than they are here it yon you gentle gentie gentlemen mens meng permit such inch felonies as this to be committed here without exhaust exhausting ing int all your powers in investigating them and endea endeavoring to bring the guilty to trial and punishments the and deep disgrace ot of such transactions in the judgment ot of the world worlds will rest on this commet ity whether these confederates are few or many weak or power powerful it Is to your sworn duty duly to ferret them out and brine bring them to justice go so that the innocent may not cufr forthe tor for or the cri crt of the guilty you ou will next inquire gentlemen into of fences against the tb e laws of the territory the criminal code 0 of f utah Is similar to most of the criminal codes in the 3 states and other territories of the union A few general remarks upon this subject will wiil suffice murder Is the highest crime that can be committed against the laws of the territory there Is 1 a statute defining coining and treason against the territory but there can ran be no such crime here this territory has no attribute of enty whatever allegiance here Is due to the tb gov kov government e r ament of the united states stales and treason here Is 1 treason a against the united states stater this district has been enlarged since the last fitting of this courty courts court and it dow now takes in the scope of country extending from green river to utah county and embracing the northern settlements from report reports in circulation and generally credited it would seem that within this ibis jurisdictions jurisdiction for several years P part 1 1 1 ta numerous and atrocious murders have beun been commet committed t d and the murderers yet go hed many of you were here when these ont outrageous crimp crime were committed I 1 charge you yon to institute a rigid investigation ti into these mat matters terP no person in this oun iry try can be deprived of life liberty or property without due process of law there are also other grave of offen bences fences ces cea which are defined by the statute sy to which your deliberation is invited with these you yon are doubtless doubt lees familiar tou you will most effectually deter others from the commission m assion of like of bences fences ly bringing with lih ith nn an unsparing bani band til all the perpetrators of robbe robberies ries rits and such crimes to trial and punishment I 1 repeat that it seems unjust that the innocent should au gummer suffer frer fret with the guilty hat bat the whole community should bear the reproach of these crimes ity its if how however every evers the community will not uphold the administration of criminal lawand law and bring offenders to trial but cover up and conceal office off nce the guilty knowledge will bring upon odium in regard to your general duties and obligations I 1 have a few special remarks to offer it Is fsr far from my intention to draw ID in quett question lon ton matters of religion these are mauter matter between a mans conscience and his god gd opinions while they remain mere opinions the law doe does no not t regard and it Is only when opinions resolve the them m 8 ives into unlawful acts that the law stretches forth it ils lis arm to bring the culprit to justice it Is not my wish with here to excite unnecessarily the public feeling or to introduce distraction butet but let it be distinctly understood that I 1 do intend to vindicate within the province v of the court and with due regard to the subject involved the supremacy of the law in a sermon gennon of the president of the mormon chuoc arid avid aidea ex governer of this territory delivered in the tabernacle in this city on the may last I 1 find this language the church and kingdom of our gody gods god has risen from an independent family to a great people and we have been looked upon as a nation by our neighbors independent of all other people on the face of this earth and in their dealings dealing they have dealt with us as buch such now I 1 say to you youg gentlemen that utah Is not an to independent nation and has not been treated as such more recently the same came authority has declared in bis big public teaching that a theocratic 18 the only true form of government the remainder of the charge has not been revised r by ills honor gentlemen ot of the grand jury a pierrine di d errine of that sort assails your integrity ats ais a a grand J jary jury il ry here because lecan e it if you are not an in independent gov pov government and you do not bring your nie hie consciences t to 0 be touched P d by the positions you occupy upon tho thoe e benches and have bare your consciences alive to the ruble subjects cub cus to w which attention may be called you do not dot pers perl perform orni your daty duty the law lg Is supreme heres herey here and the authority of the courts Is supreme here unless reversed by the superior appellant authority then the authority of the court Is no nol not supreme I 1 have a right to allude to this became because it breaks down the legislature because it enters into the jury box it breaks down the executive authority I 1 derive no pleasure from speaking of this thing it Is no ples ture to in mr to speak of matters tb rbt tbt at involve per sona bona litie but it la is no ue to mince matters at all we know the state tate if or this community and we know that this doctrine Is lit so ezit exit naively di among the people pepley and so complete Is the be and power in certain matters that the annunciation of this thid doctrine and of these sentiments uni unless ss the court warns the grand jury aplet them would work against galoit the legitimate operation of 0 the law you tou gentlemen have taken an oath to due diligence rice nice take and true tro pre presentiments sentiments all such euch matters mailers as may come before betor a you and you are to do this under the authority of the united states stales and yoo yon are to do this according to the laws |
