Show REPORTED FIRST JUDICIAL DISTRICT COURT monday aug ang an court met pursuant to t appointment in the court house houses nepal N pil city juab county hon ron D K R eckles eckle presiding mr bir J banion banton being sworn aa as crier of the court by his ho honor norland nd received the necessary instructions as regarded kis his duties duller the tb judge then read rules touching the duties of the clerk of the tho th court courty and alad rules roles on the list of grand jurors was ws called ts as follow to the venire having hiving been issued by the juige juice in chamber sp sonae some weeks before G 11 cromer clomer S it taylor n H wall win wm sile Slie sheriff riff 0 II 11 crosman orosman slun sam martin B X elmer kimer orin P pari part parth earlb h WJ 1 wheeler I joseph taylor taylors X KJ J lloil man X BM 31 Morgan morgans dvid avld cook J M wallace VT J larken Lark Lar king kint ln R jhn ne chams aham W 11 warner W larro ll m ant josiah jobiah miller opt capt J radford hadford dp G lesly jame jamo 4 RollIn st T J schofield charls goerry etra ezra strong john noyie noyle J S with 0 E m J fT and na wm win sheriff were excused as jurors for cabie cau e sam martin and david cook exempt not being naturalized th that jnice appointed capt J radford foreman of tha grind juny jury who was sworn and those of the jury that were present were sworn by fours geo gro lsley excused from attendance to an T J sch fald ld exempt not being naturalized naturally d attachment ordered forthe for the bodies of J S T P Mc Minners R n U der dj er 0 gavin and F drum for not answering nw ering erine to sun mons as s jurors W G lurkins was waw madie made a citizen of the united states stites court ordered marshal kirk to summon to all sli acan scan cles in grand jury court took a recess till 2 pm I 1 2 pm court resumed returned its session ber Beo glon flon th jage complained that officers of 0 court were wera not punctual in their attendance the narner orthe of the grand grandeury pran jury djury were called celled and some being abat court edel to other business judge juilee ordered the bailiff to bring in the bodies of the mcdonald Uc Donald bartholomew earl and others other also the bodies of oj J bentt J martin and others in the cle case of the deop e of the voy vay ToT Scott and J martin martins the defendants defend nt not answering answer ing lne judge ordred their recognizance to he be spread on record and ald aid I 1 shail shall enter rule role against the marshal for the absence 0 of 1 these there prisoners t rule spread on record case of people vs lysander I gee laid over the court then ordered the bailiff to call G P billins sheriff of sn san pete pate county who bas had the charge of the prisoner prison ery erg thon thou ivie at this juncture the judge received a deputy sheriff billings rae rot moranda etc which announced the escape of said prisoner the ju juire lire said eald I 1 enter rule against geo gro P billones VII sheriff of sen sin rete pete county to be returnable on the ein win day of kugust august 1859 to show reasons why be he ts ir as not brought before this court the said prisoner ibos ivied ivle ivie according to writ issued by me marshal kirk being absent the judge instructed officers of court on punctuality ot of attendance adding that kirk may as well be aag at 0 S lake city as la in this town and not present The che judge then sent the bailiff alliff after marshal kirk and took a recess of af about 16 15 minutes to allow time for the execution of the order court resumed its IB session sem ser slon glon when by order onder the names of the grand jurors were called by the marshal not all present judge tise the i entered rule against john josiah miller who were not present to answer to their names when called ihen then ordered the marshai marshal to furnish the lerk a ila ilet of lle tle uie fie nampa of grand jurors and ordered clerk to issue writs write of attachment aganet absent jurors to wit john itolle and joseah miller remarking that he had bad waited walled now one hour since the time of adjournment the court then appointed J bigler to act as bailiff for the grandeury gran grain djury josiah M tiler iller came into court courtl the judge interrogated him as 0 o the cauce of his bis absence absences when on receiving a ii macent enfa cieni clent the writ of attachment issued against him the names ot of the grand jury were again callady called all present pres prea ent eni the list as filled was aa as follows avnes jt nea rollins Roll ln robert rolline jehn john radford dp butsel bulsei elmer william lent le nt charles W faust henny henry halls hall nail joseph taylor john if wallach Walla ers erp cr sam if taylor tailor M morgan edgar horace R howey howes howe geo II 11 orosman Crosman CrosT anun iun inn jun matthew J wheeler john james pakan wm J larkin larkan orin E parish wm 11 warder warner miller charles sperry geo gen W harrl harrt har Harr nar rl iop lop thmas gustin geo P mcfarlane judge eckels then delivered the f following lowIng ol CHARGE TO THE GRAND JURY gentlemen of the grand jury the highest duty the citizen Is called to perform la in a country where common law jaw prevails la Is imposed upon hta hla re pe a grand juror no man in this country can be he held bold to answer upon any criminal charge but upon the presentment pre n or indictment of a grand jart jurys yon you havey haves therefore very responsible du to perform in the of them it behooves you to discard every prejudice and partiality 1 it 1 liuk link bot natural per perhaps haps naps situated asre as e are in this coun country tryl that you yoa n common with your fellow citizens may ina iua y harb hare some sort of prejudice and but you on should leave lere them on of door doors they should never enter the jury J ury room this Is a duty you owe to yourselves to tho the community and to your common country as a grand jury you will know nothing but the faithful dil charge chara of your solemn duties the oath which you bave bare just taken will be the sure suze guide gulle to you in the discharge of your duties that yo yoi I 1 will inquire into and true presentment makl maki of all of fences committed within the jurisdiction of thie thip tb court courts you are diligently not blazt lasiy y to enter upon you yoni duties dutler diligently and carefully to eL examine amine each ditnes J that shall be brought before you that y yu yuu U may bee see h hu much and what be he knows la in relation to every matt natte I 1 touching your present service the next branch of your oath Is that you will 4 airov tru presentment make of all such matters as shall be given you in charge by this courtly courtat court lt this portion of your yourt latr duty implies that it Is the duty of the court to give you yon a charges charge and in complying with this duty I 1 will give yot la in charge the laws of the federal as well as territorial legislatures prohibiting the various of fences mentioned iii 14 them of the former those most likely to have hare been committed in tala lots district are of fences by disbursing boffl ars and those connected with the post office department au the duty of disbursing officers to make payments la lit dratt draft treasury notes or coin the kind of f funds undo provided tor for them must be disbursed by them if it any of 0 this class of officers have failed to do so ai it Is your duty to inquire into it and report it to this court curt the entire community are interested in the faithful discharge of the duties imposed by the laws on post masters and mail mall carriers if it you shall fild tild faid alid any of these have been violated I 1 trust you will promptly inquire inie into it the sooner such offenders are brought to justice the better irwill it wilt be for the people and the government one public officer can do more harm than thin twenty private persons if found faithless or and I 1 hopy hopt you will by your course repel the old maxim as a slander which says that the raw law Is a net intended to catch eaten the tb little elih while the big bit ones escape escaped 9 by reporting rUng both great and small mall whoever they may be there Is a gentleman now la in custody as I 1 am advised charged with forging braf drafts a or checks en on the treasury of the united states stater staler I 1 trust you will give your attention to this case at your earliest convenience such case cases aa are entitled to precedence that the accused may have bare a speedy public trial athe he act of Cong oong congress Con oon retis grets makes R t a felony to forg forge C ct ackt nd drafts on the treasury this sence orence of like larceny ant ani 4 mist m st other felon felonies lesy may be committed by several sever bever alperi peri sons where men combine together to commit crime the tb law regards all as principals who do any act in further ance once of the comin ia design and they are equally guilty although they way live la in different counties one may do an act in one county tending to the consummation of the crime and another some soma other oiher act in furtherance of the same object in another chanty until the offense offence Is consummate consummated ds and in such case they are all answerable in the county where the offense offence is to consummated though but one of th them em may ever have been in gucia such count the place ulace at which the offence Is perpetrated determines pice ulce th the venue and not that of the offenders residence when you and fand an offense offence has been complete you will bring the offenders lers leri before the court where the offense offence haq hav ha been committed the judge here described the bourda i rles lea r or the judicial district within which the inqui t ries rles of the jury were limited and fald faid gentlemen oll 04 the grand jurys jury it is not necessary to detain you long in irk defining the varto varlo as statutes creating Of of fences fence should you at any time have need for the advice or opinions of the court you have the tight to them and they will le L given t to 0 you at any time I 1 will however give to you in charge specially some tome 0 of f the of offen fences cg created by the TAgI legislature slature of the territory and the tho affixed to them among the ibe most important of these Is the crime of murder biere the tha judge read the statute against murders murder and explained to the jury uli uly the distinction between murder in the first and second degrees and manslaughter and of fences of duelling buelling du elling seduction rape ac the laws are applicable to every class af offenders in the community except to such places as are under the thi exclusive jurisdiction of I 1 he ibe united state and tor for or offices in such places the offenders are unanswerable under the th 8 acts is of congress in this courts court couri fitting as district court if of tha united mates states it la Is the duty 0 of the government to give protection to rights of and property in england and many other countries men are said to cede away certain of their rights for the better security of the rest of them but this Is not trus of this country ours Is a political partnership formed for the purpose of securing to each citizen the enjoyment of bis his entire rights every american is an independent sovereign and it Is his duty to see ee that every man Is protected in the enjoyment of thebe there right indeed our ow institutions are sa a mutual protection society to secure the rights of each member of it against the deprivation of lils bis rights eo so gentlemen while you use every exertion in your power to bring of renders offenders to justice you will at the same times time act as protectors to the innocent innoes t you ton have nothing to do wath punishment affixed to of fences that more particularly belongs to the pettit jury common rumor says that thre hasteen has hag been a great many macy crimes committed within the limits of this district for which the offenders have nave not been brought to justice injustice now although these rumors should not govern you in your deliberation deliberations sp it gives us reason to believe that quite quita culta number of 0 serious often olTen of fences ces have been perpetrated which should come under your notice and I 1 shall be pleased to see the offenders brought to justice man be allowed to pass through life in pea pes rean free from violence or molestation to be the as happy as ha he can in this world of care and turmoil and be he that would assume the high prerogative of god in inc judg ment on hib bis fellow man Is liable to the vengeance of that thil god arid and the offended laws of his country in reference to the crime of buelling duelling du elling abu you yon wili will wl 1 l see that at every step that can be taken every person concerned whether as principal or in any other capacity all are ara guilty of an of of mence fence and I 1 really think that those thoe who hi aid and abet are often more guilty than the principal principals for as in cases of murder the principal actor may la be the victim TICUM of momentary and excited passion pas alon sjon while thos those who aid abet and bod encourage ity its it are acting coolly and ant deliberately when a person kills another ander the ct of momentarily excited pas be cannot te to regarded aa a guilty r ot of of the first degree but of a less of off fence nce punishable by capr soimene tor for a term ot of year yeaM only sonly I 1 will next call your attention tu to i the he crime of rape having read the law saidi ald it lf this tuc tuf cence fenCe Is I 1 perpetrated on a child under the age ot of ten years it does dues not matter whether it Is with or without her consent for tar lucli luch a child is considered by the law as incapable of giving consent in considering the offense offence when ch carped aged to have lure been committed on persons persona ot of more mature han yar you should tok iok cl carefully irefully into the evidence and see ree whether it has haa ha beri berl committed forcibly and against her will in determining this you yon muil must look at all the circumstances ot of the ese esse to determine whether wh ther then the witness tes testifies tiflis truly and i ba be sure that thai it was forcibly and her will did the cry out tor for help and take steps speedily to bring the ot ott render ader to just lev let the statute 0 of the territory airi airy makes provision pro llon iton Ilon where drugs drags are administered red to lull the victim or render her pliable in the hinds ot of the ravisher there Is diso ilso a bistue here touching the offense offence ot of abduct n of females chith you yon will nin fin I 1 on page laws of utah to this alo I 1 will call 3 our oun our attention there are a number of aces 0 at this nature that may have been committed within our jurisdiction to be b deplored A father would not subject himself to toll boyear hi little ones if are permitted to seek seeg the of their lut lust and passions to their ruin one of the aims to the humn human hert heart Is to rate raif ralf up honest and virtuous childrens and the law designs to aid and protect him la in his hig hi laudable efforts and you will see I 1 that offing ets against it are brought to runt ament there there Is also a class ot of statutes here for the preservation ot of public morals which respert for tor compe s us to notice where pub lc to are bad private ones cannot long be good to refer t to all your duties dalles Is out ot of my roy power at this time to T protect protect persona persons in the enjoyment of their rights of proper ty Is little lbs IBS important than their rights of per domere Is an old oid maxim th ehst at indu ind in lutry ut Is the mother of virtue I 1 V and add 1 I idleness lioness the mother of vice men will be 1 to us only when they theo can appropriate the proceeds of lb their ir own labor to their own uie larceny Is one of slid gile 4 |