| Show RE REPORTED P THIRD JUDICIAL DISTRICT COURT wednesdays WEDNESDAY august 3 11 am court met pursuant to adjournment toe judge remarked that he had bad received a petition for a writ of habeas corpus in the case of david mckenzie mckennie Mc kenzie Kenzle who had been arrested in this city accused of forgery and taken to camp floyd and was now imprisoned there la in which it was argued that rf if the offense offence hid bad been committed at all it was committed in this district la in isn n s sering ering the petitioner his honor f ald aid that it was within the knowledge of the court that the petitioner had been committed by the judge of the second first judicial district and therefore this court could not think of interfering with him in any way whatever and whatever proceedings ce may have been instituted and whatever might have been done with the case the court of the third judicial district would not interfere with anything outside of its jurisdiction nor would it permit a conflict between the diffie different rent badges the court knew that mckenzie Mc Kenzle was committed under lawful process and whether be he had committed any offense offence it could not nut know except it came before it officially the motion sit sif it the petition was wab in tended as such would be entered as overruled mr stout observed that it was not intended as a motion nis his honor further stated elated that it would make the most utter niter and entire confusion for a judge of one district to take prisoners by writs et of habeas corpus from another it would interfere with the proper administration of justice the court having ordered a new venire which had been served and returned the clerk read over ever the names of the panel annexed and aud also the names of 0 those that had been previously summoned preparatory to the trial of colbourn for the murder of the negro shep charles kinkead was excused richard jame james challenged tor for cause by defense george bartholomew had formed an opinion william A williams had bad no taxable property heber P Kim kemball baily bally had bad no taxable property stephen 11 goddard challenged peremptorily by defense thomas J Z wheeler sworn joseph woodmansee Woodman seey challenged peremptorily by defense john T D mcallister sworn win IT ir Kimb kimbail ailt allt challenged for cause hy by prosecution burr barr frost not present john sworn george String Str lagham ingham ham bam not a tax payer J M U thompson nj challenged peremptorily by ty defense defence judson 1 L sted stoddard dards excused under the exemption pro vision john L 1 smith claimed exemption as a member of the bar ills ni honor remarked that persons who knew themselves exempt from sitting g on juries and who wished to claim the exemption should tell the marshal when be summoned ad them N X 11 felt pelt excused by the court having baring conscientious scruples temples william sloan sion challenged for tor cause by prosecution thomas hall nail worn sworn grand jury came into loto court william nixon and samuel worthen absent the judge paid raid th that at mr worthen bad made such statements as satisfied bim him that he was obliged to leave the district therefore the court would excuse him the foreman of the grand jury presented one on bill of indictment the grand jury lury ly by their foreman begged to remark that they had bad suffered much e tur fur want of witnesses perta porta pertaining ining to a certain case which the he court have kave charged them to inquire inquire into and anil which they bad had bad under consideration for several days but tor lor want of witnesses and certain plates and engra engravers tools they could not consummate their inquiries the judge observed it la is not only the duty but it 11 Is the he pleasure of the court to assist the grand jury jurys and to compel the attendance of such witnesses as were wanted when it bt came necessary to do so the torero forem an said that perhaps it might not bo improper pe r to state as the case was one of no secrecy that their inquiries were being directed to the well known forgery case tue toe judge replied rep liedy you have of course a right to mention 1 it as it Is no matter 0 of f secrecy the object of the i secrecy enjoined upon the grand jury Is to prevent parties escaping from justice who may not be in the custod custody Y of the he proper officer it a member ot of the grand jury were twing willing to bayto any person with whom he might converse we are now examining the case of john smith or william jones john smith would be very apt to leave the country huntr and go without the jurisdiction of the courts courty court and tue grand jury Is therefore expected and aud required to keep their business secret but you have a right to come into court and call for aay say witness you want 11 mr r bell said the grand jury would then inquire if john al wallace was present presents they had had a case under consideration ld aion alon for several days but had not dot been able to nind find a bill for tor want of that tuat witness gen wilson called tor for a caplas capias to bring mr wallace forthwith before the grand jury ills honor remarked that he had received a letter on yesterday from mr wallace la in relation to this matter and its contents were a little in his letter ietter be lie excuses himself from nn non compliance with the process of this court nea nex ae tates states that his friends have informed him that his life would be in jeopardy in this city now this Is a very extraordinary thing where the law Is expected to work its just process that an excuse of thia thio kind should be set up the court cannot lannot regard any suc soc such h excuse the court cannot know that any maus mans maus maua lire life Is in jeopardy except it Is made evident by the testimony of or witnesses witness eb on earth it if it shall prove true that the witnesses summoned to appear before this court cannot appear in safety if it shall b it turn out that the ordinary administration of justice lutice cannot be carried on why then the be verest severest rigors ut of the law will be served and enforced on those who would a men in lix their attempt to perform and carry out t the he orders of this court I 1 make nuke these remarks to show you gentlemen of the grand jury the state of public feeling but bat you yon shall ii have all the wit that you want so far as the process court can bring them before you now there Is nothing left but to grant the prayer of the district attorney there Is nothing for the court to do but to carry out we regular coure of law until it Is demonstrated ted that its orders cannot be enforced if witnesses are intimidated and cannot be brought before this court because of being under terror terrors I 1 want that fact known theng then I 1 mil know what to dog do and I 1 will know how to instruct you further in your duties the court will order a caplas capias for mr wallace wallaces ana see whether its witnesses are to be intimidated it cannot take the statements of parties at alij all ali on a question of such moment gen wilson desired the capias lo 10 be made returnable forthwith his honor further stated that under the warrant now issued M mr r wallace will be in the custody of the officers of this courts court and he will be protected gentlemen of the granda ury if you wish any witnesses send in a 4 written statement to the court and your authority shall be respected the grand jury then retired to t their room court took a recess till 3 rpm pm 3 pm chief justice eckles was on the bench beach with wilh judge sinclair the of the jury was resumed edward mumford 11 challenged peremptorily by defense william martini martin not a resident within the meaning of the act S D sirrine not present william sterrett not present george Knowl knowlton tony had formed an opinion christopher merkley sworn robert burns sworn matthias cowley sworn calvin FOES foss sworn swum david wilkins challenged peremptorily by the defense joseph L heywood sworn K R thomas sworn D W wolf not present charles crisman sworn john gut Gul gutherie therle herle not present william oisen olsen not present E M peck pecks not present court ordered a rule entered against all those persons summoned on the jury who were not presents present returnable tomorrow to morrow at I 1 11 I 1 the judge ordered deputy marshal bigler bagler to summon tal esmen till th the panel was full fall M X J shelton challenged for cause causa by defense several don non residents summonte summon td whose names eames our cur OU ir re porter reporter did not hear bear were excused by the court jacob 1 L workman nj challenged peremptorily by defense lot tat huntington was wai worn sworn which filled up the panel the court discharged all ail 1 I ahme persons not la in the actual panel panels from further attendance on the court and those on the regular panel to make known their attell ance daily dally te to the clerk william A williams was sworn balli baili trot the court grand jury brocz brought wilt into court and his bis honor tad sad hat thit he lie desired that they hould should bould know fully what was wag expressed in mr wallaces wallace letter and he had bad called them in that be he might read it to them themo which be lie read as a follows CAMP FLOYD FLOTD U T august 1 1859 1853 TO THE iio ilo HON uon CHAS E F SINCLAIR SALT LAKE CITY V U f T SIR sin I 1 have been summoned to appear before the ar grand a jury in your court holden hoiden on the 21 dinst and cir cum stances that have taken place in to the course ciure of it the tha lart ast month have made a host bosi of enemies for me in the city and I 1 have been and advised by my friend not to come to the city under any circumstances that I 1 would not be and my wife has been told toll of my danger in cage cite I 1 did come and I 1 am a all times willing to 0 o obey the law and serve the law of my country but when I 1 am I 1 cannat cannot do it only at the risk of beins being zt sas gas bloated by some gome unknown person I 1 obrn feel a delicacy in doing it and hope you may excuse me for the disobedience and if it I 1 have ron con tempted the court I 1 am w willing tiling to py pay the penalty that your honor may adjudge knowing at the fame came time my services are not dot BO so much needed in your court ai as they are bre re in my family in cane case can cas they should put me out of the way ways believing firmly that I 1 would be molet molested ted by some one if I 1 should come if I 1 knew my enemies I 1 would but as I 1 dont donl and at the same game time know they do exist I 1 tiel fiel very unsafe in making a trip to the city under the existing circumstance with much respects respect airs sir I 1 am your hons honsa servant signed J M WALLACE judge sinclair then remarked I 1 want to say to you gentlemen gentie gentle meny MeDy that this letter presents pre a most extraordinary case of singular circumstances circum that a man called to come before the grand jury should set up as an excuse tor for hid his noncom noncompliance compliance non com istance with the process of thia court that it he were to come to this city his bis life would he in jeopardy I 1 have only on y to say any that the further process of this court 1 is subject to your order the request of the attorney for t be the territory will be granted and when mr wallace wanace M 4 arrested be will be under the authority of the eul eil states and by that authority be will be protected ant and ani woe betide the man or set of men that dare to interfere with him gen wilson opened the case to the jury for the tile prosecution hosea stout esq opened the case for the defense drs france and anderson Ander son soa and capt hooper were sworn lworn and examined for the prosecution mr wilson proposed to introduce certain statements sald cald to have been made by shep shop before his death as evidence mr biair blair for the defense objected the court said that the statements of a deceased party were admi sAbie it they were made with dying solemnity the rule about dying declarations as evidence was very strict and in the opinion of the court very properly po so hence be would hear bear the remarks of the attorneys and then decide gen wilson argued thatis that it the party was apprehensive apprehend ve of death at tha the time the declaration was made it was then good evl erl evidence dence hil nil honor remarked isyou if yon you can connect it with the RES nes GESTE OESTE E then it is good goods but if I 1 understand mr hooper rightly he got there after the thing was accomplished frank pope a colored man men was next examined for the prosecution this witness gave gome sonie veny very laughable and amusing answers to the questions put to him by the attorneys cross examined by mr stout who asked the witness if deceased did not threaten colbourn his client gen wilson objected to the question court ruled that it was perfectly competent for the defense to ask that question in order to show the state of character and feeling at the time of or the th occurrence gen wilmon thought that the questions put by the defense were of a leading character ani an in as much as shep shop was not on trial the que questions eions be he conceived to be irrelevant va n t the judge read the law on the admissibility of evidence and then observed it Is for this jury to say whether this man Is guilty or not and therefore ther eiore it is 13 perfectly right to elicit anything that transpired that will lead load to show the the jury the previous relations of the parties elias ellas H perry was sworn and examined tor for the prosecution cross examined by mr stout gen wilson said that he be had bad called for another witness nessa named ben a colored boy but he was not now to be found and be asked for time to find him mr bla bia biair r wished to know what the prosecution designed to prove by the witness as the defense might probably admit it and have the trial go on his ills honor said he could not refuse to allow time for the district attorney At torne to get witness witnesses esi esp and under the circumstances he should order the jury to be kept by themselves and the marb marshal lial to see that they were properly provided for after some further conversation on the admissibility of the statements of parties as evidence when dying capt Hoo hooper was recalled and stated that the deceased hoped and believed that he would get well till the last the court said before the dying declaration of a person could be admitted as evidence in criminal cases there must be before the court courts evidence to satisfy the conscience that the party had bad no hope that he was satisfied he wa wae dying and the tha written declaration must declare unequivocally that the party was dying at the mue time he made it the bailiff was sworn to take charge of the jury foy toy the night charles M smith esq esat filed a petition asking for a writ of replevin to recover two negro women from mr T 3 williams which h claimed was the property of A B H miller mr williams proposed to join issue and try the right ot of property W mr ald aid he be knew nothing of 0 such a trial until 1 t i aft atte erthe r tse tie cons on sidera idera ion ion lon of his motion molion mr williams proposed to give bonds and retain the property t chirt adjourned till tomorrow to morrow at I 1 11 I 1 am ual THURSDAY aug atu 11 am court met pursuant to adjournment the trial of thorns colbourn wali wa resumed the witness beh bea ben perkins ns wanted for the prosecution could not i te found judge sinclair remarked that it would be improper to allow te the ends of justice thus to te be defeated an attachment bieni WAS thee therefore fore tore issued to bring the he witness before the court and to give time tinie tor for its execution the court tool took a recess till 12 at 12 os clock C Curt urt resumed its session mr said bald that this was one of the most annoying circumstances that had |
