| Show fwu ruf REPORTED 3 THIRD third J JUDICIAL U D loial DISTRICT COURT WEDNESDAY 4 E sept 14 1859 10 am coard met pursuant to adjourn adjournment ments in sec see uart Hart neus neUa the social hail nail having ben obtained to hoid hold the court ins ing in a recess was taken till 12 at which hour the court resumed its bession session in the basement of sald eald hall nail lIr lin lirten tru vrn 4 bell beil ell eil was excused from further service on the grand Crand J jury jary rt a oter after w which the court appointed daniel 11 velis wells foreman i loter administering the usual oath to the foreman and then hen the other grand jurord by fours his bis honor thus addressed them OP or THE GRAND JURY you will remember when you reported to me that inere inert was we no ito further business before you that I 1 dismissed you to be recalled you are flow recalled ly a motton motion of the attorney he conc cont conceiving elving that there was a necessity tor for convening the grand jury again and thus you aie ale are here twenty four usually constitute a grand jury but bat not more than twenty three can be for the reason that no number under twelve can malea make a p presentment mf I 1 endeavored when the court was wa in session before to call your attention to subjects that were of Gp importance ortance to be investigated to subject which it Is unnecessary for me ine to charge you further upon or upon the duties which you ou owe to yourselves 3 and to the community charged as grand jurors juror tor for the third Judicial district charged to bring was before this court all cuch such parties as a the evidence beaole before you shall shall ahall indicate ought to be brought to trial at that sitting fitting of the court you were specially charged charge d to inquire into criminal off aces committed la in this district districts but bat some parties seem to misunderstand the intention of this court nothing can be further from my intention than to wrest from a magistrate any of bis big rights and nothing can be further from my intention than to interfere with any of the lower court courts 9 so far as we are concerned we deal with those question that are immediately before us if it you deal with those things that have evidence evidences or where there Is sum dent to wa w ara arant t you jn presenting indictments then you 10 lo do your duty and BO so far as this court Is 1 concerned it sits to send up to you such suco matters as may cone come to it from other courts ellis eilis this court has done nothing more ro in respect re hect to this subject eject than to decide d clde that probate courts cannot cann othave have jurisdiction in criminal cases in this territory and this Is 1 a decision aaa ast was made bythe by the other two judges and I 1 repeat to you that when hen you take into consideration the peace of district and such uch criminal matters as may be brought before you and when you brin bring in mliss wilds then your duties with this court are at end and no imputations eions carrest can resi rest upon you or the court afterward the importance of maintaining the public peace the importance of bringing oft ott offender aders to justice as well weil vella as sto ato to punish them for their guilt and to deter others from the commission ot at like of fences appeals with sufficient force I 1 know to every member lember ni 91 0 this grand jury without my endeavoring to enforce it further what the district attorney may ha have ve to present and what you may have under tinder consideration considerations this court cannot know until itis itla it Is brought before it officially it ignot Is not forme forms to assume the duties of public prosecutor tary tars but it has been reported to me that this city has been the scene of murders and that thai the murderers are going about independent of lawthan law that the guilty are at large it will be your duty to institute the most rigid investigation into these cases and to maintain the dignity and honor of the law against murder murders rapine and robbery and I 1 sit here anxious to assist you bouy not anxious to administer puni punishment but to maintain intrain the law tour duty you yon well know knows that it takes twelve of bouto you to make a present presentment menty and when whet you wish to make any or orto to receive any instruction you will come into court ton you will meet upon your own adjournments adjourn ments and I 1 need not say anything about dispatch for you all know the necessity and importance of it you may retire the judge gave give notice to tho attorneys that after recess he would commence the reading of the criminal docket and al aio alo alro o informed tee bar thag thai it wn wag his intention domeet to meet each day dy at 9 in the morning coart urt took a recess till half past 2 2 gig lg ig 12 pm the court inquired it the attorneys wet wei were e ready to go to triai trial in ti eca se of at the people vs vix thomas Thomss colbourn mr wilson wished to have the case disposed of this wee krias s one cue material witness viz capt hooper was boutto leave forthe states some further farther remarks transpired transpire ds add and the court set the case for tomorrow to morrow at I 1 II 11 I 1 I 1 mr williams said that the defense wai wat ready for trial la in the case of the people vs henry B R phelps and henry spiers the judge said he was wasi anxious for those men to have their triai trial trials and that it was not bis his wish nor intention to heep seep parties in in at the expense of the t county but desired to dispose of all ill the cases on the docket as f fasi fast as us as fossit pos possible siu sit li and therefore set et the case for tomorrow to morrow at 9 am and ani also issued subpoenas rub sub penas perlas for all witnesses ini in lb he e case to li be present in court at the hour set getter setter f or the trial the trials of gipson clark dark and toads an indian were pet for fridays friday atter alter which the judge said that he intended to dispose of docket before he took op up any other caless cases and he wished the members of the bar to aid him all power to dispatch business tor for he was utterly it ay iy thred tired of holding courts and of doing so little business caari cauri ca aliba alila adjourned till tomorrow to morrow morning at 9 1 A THURSDAY 9 am court m met et pursuant pur par to adjournment The Judge asked if the witnesses in the case ct ef phelps were in court af M stout said sid ald aid he understood that several wit neese I 1 all nii net not be found whereupon the court ordered an al to issue against the absent witnesses and took a it recess to await the service of sald salil attachment the return showed that two important witnesses were rt to be found viz yli F mccarty and hopkins napkin C rader relt Pett der dep tien wilson did not tot heel feel aar to 10 go to trial with without ut those lose witnesses to go 50 to trial without them would be a complete farce from the fact that the witnesses present knew nothing ut of the teal real robbery their evidence was simply collateral be he We therefore moved that the defendants be discharged upon thel uhei rown Town own recognizance until the next term of court coutt T S Wil wll hamey Hames ti t i on the part of defendants ollit eda ed and said nat that his clients had been held under recognizance for one year years and they now demanded a trials trial triai or to he be finally discharged mr stout for tor the prosecution prosecutions observed that mr McC mccarty artys who vrho was the party robbed left the territory immediately after the other trials trial that being engaged in the mail service be he was ws obliged to leave and considered they had a right to a continuance mr miners miner counsel for det def defonsey defense ensey said that mr spiers wanted to go 0 a ohio and he therefore claimed his thal trial at this term of court the judge remarked that the parties had bad been once onre tried and convict convicted eds edy but that the verdict bad been set aside and a new trial awarded because of the misconduct of the jury therefore the case now stands elands DE DJS NOVO mr williams asked the court to put mr spiers upon unon hta hla trial separately 2 saying that it if the court waited for I 1 the prosecution to get all their witnesses that be might never get a trial and did not consider that they had been rightly treated in the case and to him it appeared that there were tome some catches connected with the prosecution which ought not to be it bib bis clients had committed an offe off nce lace they wanted to b have ave it proven and go to prison to serve out their time and get rid of 01 the afrait affair mr wilson desired to repel those insinuations thrown out by the counsel forthe tor the defense and he would therefore make a plain statement odthe of the history odthe cafe case the particulars of which are well known fo to a our oon u rire tire readers a d I 1 ills ilia honor said that it bad been decided thattie grain granting of a new trial did not entitle the parties to a discharge until the third term of court quent and hence he required them tobe lobe to be bound la in the sum of 0 each to appear at the next Dexl regular term odthe court gen wilson called up the case of the colored man colbourn and the judge ordered him to be brought into court at 12 1 2 past pasi I 1 to which time the court took a recess I 1 ani pui court resumed its ses tes sloin and proceeded to imp immanuel Im pannel anuel a jury to try which resulted ted led as follows ollowa jacob willer takegi taken john beese reese taken iaac isaac bowma bowman j had bad ai formed formed an opinion dustin amy excused by the court courton on account of deafness 5 I 1 f J I 1 tit lit I 1 ef lewis Rob lson ison taken I 1 joseph woodmansee chalie challe challenged aged peremptorily rily by I 1 the defense george boyd taken thomas frazier taken 1 john tay taylor lor taken charles harrisone Harri harrl sony excuse dby by the court because of I 1 deafness I 1 richard R pettit taken i robert pearce taken r I 1 hezekiah Heze neze kiah klah thatcher Tb atcher taken william G peremptorily by defense clark A han ran ington taken william 11 smith taken alonzo S blaar taken the district attorney opened the case to the jury and M major ajor bjor biair blair presented the case for the defens defense william 11 hooper II dr william france and elias ellas 1 I II 11 perry were examined for the prosecution but during the examination of the first named witness at bisers stout and biair blair objected to his bis giving as evidence what he be heard shep his negro say about the shooting ur mr wilson contended con ron tended that in a care cafe of this kind it was legitimate to bring on out ont t all such testimony court ruled that the testimony was not admissible the pro prosecution closed and the defense introduced william woodland who ho testified to having baying seen shep shop draw a revolver OB on tom and threaten to shoot him in march last lasty tasty and also that it he could not kill him then he would at some eone other time defense also introduced a i negro who testified relative to the quarrelsome relations reia rela tiona tlona of the negros at the time of the killing the tho jury jory were then addressed by gen wilton wilson af tor for the prosecution and stout and blair biair for the defense the court instructed the jury in the laverg law at after afler ter which they retired redy and in one hour returned into court with the following verdict 1 we the jury find tind thomas colbourn guilty of man slaughter and assess assets the term of ahls atone at one year at hard labor in the penitentiary and line floe him one hundred dollars I 1 court remanded the prisoner to await his sentence and then adjourned till tomorrow to morrow morning at 10 61 clock FRIDAY 10 am court mt pursuant to adjournment francis pope a colored man roan was fined 20 fur for contempt of court on yesterday in not appearing as a witness in the lh case cast ca of the negro colbourn case tf D deloss e loss melvln melvin gipson was and mr fer son ron sufon fon filed a plea pita of having been once tried mr stout considered tb that at the court could not take any cognizance of a previous loui trial before the probate court gen wilson called fmc lot the toe arraignment of 0 the pil pi laoner mr ferguson fergnson aked asked for a continuance till monday the judge said that he be would like the question of the jurisdiction of probate courts so presented la in this thit case that it might be taken up to the highest tribunal tribunals then it he be decided wrong in baying saying that the probate courts have hate no criminal jurisdiction it could be altered and set rights right though his bonor honor continued I 1 am perfectly convinced that the organic act of the territory never was intended to confer confor criminal jurisdiction on probate courts after some I 1 urther further remarks by counsell counsel the court continued the case until tomorrow to morrow morning myron brewer who was indicted by the grand irand jury at thew last sitting Itt ing lag as accessory before the fact in the well known forgery casey cases case was arrested and brought into court lie he was wai admitted to bill in the penal som sum of 2000 william A hickman and Par parmenio menlo menio A jackman being hii his sureties Bret les lei curt court took a recess till 1 2 2 PM to yo oge an indian icalan was wag arraigned charged char cha god with steal I 1 ing a mule mr ferguson idled filed a plea la in abate mat which wab wag i overruled by the tho court the following gentlemen were and sworn to try the case I 1 jacob weller weiler isaac bowman lewis robison Rob lson ison joseph woodmansee Woodman see seo john taylor thomas frahler Fraz ler robert pierce pierces richard R ellsha Gr grenard inard aloalo S blair biair jacob houtz hontz nelson A empy n H stout stouts ei esq opened the case for the prosecution prosecutions and mr ferguson for the defense marshal hunts P A jackman Jack manDr dr clinton and thos S williams were examined as s witnesses for the prosecution after which by agreement of patties 3 the case was submitted to the jury without argument who retired in charge of the marshal at a quarter past 6 the jury came into court coort and rendered tendered a verdict of GUILTY and assessed the punishment of prisoner at one year in ln the penitentiary at hard bard labor the prisoner was remanded for sentence but when looked for by the mars marsh march haigle balile al be could not be found court adjourned till tomorrow to morrow at 9 am a m SATURDAY 9 a am M court met t asper isper adjournment hosea noiea stout esq having been appointed deputy prosecuting sec bec attorney attorneys came forward and was sworn burt court appointed curtis E R bolton eq clerk of the court in place of david A burr resigned yo oge the indian convict who made his bid escape last evenings evening was brought into court having been arre arrested ted led at 3 this morning mornin gg at union unions for an assault with intent to kill wad was found on his person a revolve and butcher knife and in his possession posses sian sion was found a horse the property of marshal doton dotson judge sinclair ordered the prisoner to stand up and pronounced sentence fien tence upon him la in accordance with the verdict of the jury with the addition of the cost of suit in speaking of the sentence to hard rehard labory labor as required by statutory provision provisions ills his honor remarked I 1 think if your legislators would institute some workshops and set these prisoners to earn their own livings living in place of letting them stay there at the expense expensed c f the territory it would aou be a very good thing Joh john wade was arraigned on an indictment for stealing a mule biair blair and williams appeared for the prisoner court burk proceeded to Im pannel a jury which resulted as follows john reese jacob weller |
