Show REPORTER GOURT DOINGS AT PROVO PROM TUESDAY 10 AM f fiur foux prisoners were brou brought glit into court two of t them em were the indiana indians moze end looking glass charged with w ith committing a rape at spanish fork york the other two henry hehry jenkins a n d were accused of stealing government property in the neighborhood of camp floyd the prisoners werk were ordered to j and i ip and while in that attitude his honor thus addressed them you have been charged with the comm commission ligion of of fences against the government and against the territory but while it is the duty of the court to prosecute all offenders and violators gehe law within its district it has at the a sanne e time to see that the accused have their 41 rights US as aa guaranteed by law As to a portion of you the grand jury have been discharged without finding any bills against you criminals have rights aa as well a as s the public and their rights should be re rei rel i carded crime should be prosecuted ordinarily but in looking at the constitutional lights rights guaranteed to you the grand jury having baving ada od summarily sum maril marli discharged the court feels it its duty to discharge you without trial one reason that induces the court to do this if 13 that there is au an attempt to pervert the court from its proper usefulness and sphere it would seem that individuals in the comma anity n I 1 alty would use the court to punish of fences especially emitted if committed against certa certain in i persons iri in thi this c community ra y while they will not enforce the punishment of their own offenders who have hive committed crimes that are far more outrageous than those committed by you t the court is determined to discharge fully and wid faithfully its duty it will not be perverted t the court will discharge the prisoners and see whether there will be a time when there will be a proper regard for law and the good order of society and when they will prosecute 0 of fences encee therefore you are discharged with regard to these indian fridian prison prisoners ets they will be kept in the care of the military author atles until they get to camp floyd where they will be finally discharged I 1 gen wilson said sidi if your honor please I 1 am desirous that everything should be done to carry out the law and that justice should be properly executed upon all offenders charged with the violation of law As the grand and petit juries have been discharged I 1 wilO state to your honor that if it is your our intention to hear cases as a committing magistrate I 1 will in my official capacity as public prosecutor render your honor every assistance in my power I 1 understand your honor is now sitting r as a committing magistrate for the investigation of criminal of fences and I 1 shall consider it my duty to render you all ai the assistance ican and will willbo do lt it cheerfully and effectually bir mr miner suggested that there was no united states commissioner for the 2nd and judicial district and recommended that an appointment be made of that character ini ill judge cradlebaugh I 1 I 1 e b au gh replied the time is very I 1 limited i ted during durine r n which this community will be afflicted with the present presiding officer of this district and the court does not wish to embarrass his bis successor by the appointment of such an officer to be sure surey he would be subject to removal but the time ig is so short that the court thinks it is not important it if I 1 were going to remain I 1 should probably see proper to appoint one and perhaps required ir jr wilson suggested that those prisoners who who had bad just been discharged by the court should be required to bonter enter into their zance so that hat the court hereafter frate a claim upon them however slight that claim might be that if it another judge should come be could call eail for then theu th emhe euhe he thought it would be proper under the circumstances to hold the defendants under bail or at least 0 on n their own owa recognizance to appear when whan called for bj by the court tsi e im dourt court dd dythal dy that the district attorney felt it to be his big duty to make maki that suggestion and thought it right if those persons had committed ommittee crimes to bold them over till another term by doing that there would still be a link however slight alight to connect them with the court ills honor said sald that he took the te upon himself to discharge them they had been in custody some time and he be thought it was bis bla duty to discharge them I 1 some discussion took place relative to the legality of allowing testimony for the defence in a case of examination before the judge as a committing magistrate his honor said it would be time tirrie to determine that question when it came properly before the court nir air wilson stated that it was the desire of the Parris hes that mr Willi williams ains alus should assist in that prosecution and he wis wa s willing if the court would w approbate it the court was perfectly willing a that mr williams should assist dr garland hurt was sworn and examined relative to the murder of the two Parr Parris isLea hes and pt iter her while waiting for witnesses in I 1 be the above case dir wilson called up ti noth B ibale who gave evidence relating to a savage massacre by the indians that took place in salt creek kaly kalo on J cej the other examination was then resumed william T smith was wa examined by mr williams as to what be he knew of the chuich church au thon thorl ties in provo having in march 1857 preached about cutting the throats cfall of all ali apostates and baying saying that dead men told no nota esles ies leb les mr smith testified that he be never heard beard such lang aage whereupon hereupon he be wab was excused from irom further service as a prosecuting witness court took a recess ur til 3 2 at the hour appointed the court resumed its session stephen nixon was sworn and examined respecting spec ting n what he heard a certain gentleman in provo say at a public meeting held on the public square about about the middle of march 1857 mr nixon knew nothing of the meeting in question mr air alfred testified to having seen human blood in a state of fermentation at the place where the murder of the Parris parril heb hes and potter wait wab was said to have been committed on the previous evening but that hat he be knew nothing of a letter said to have been sent to a bishop mr leonard phillips swore that at a public meeting hoid hold in provo about the middle diddle of march 1857 he beard heard mr avin james 0 snow ask if there was any one in iii the congregation that would take a letter to Spring springville ville vilie to tour aaron johnson and that mr volunteered to take it on this contradiction appearing mr air was arrested as ai an accomplice hr ini the murder t james OBin nion was examined cross examination by Mr air Stout jos joseph eph alien allen wab was examined in relation to a conversation that took tock place between mr and mr phillips phil Pail lips court adjourned until wednesday at 9 am a in WEDNESDAY 9 AM full papers of citizenship were issued to two applicants the prisoners were brought into court james gemmell was examined but knew nothing except hear bear beamy siy mr lir stout objected to the witness on the ground that from his own statement be was not in this country at the time the murder was committed his honor said that the witness might state what was the general opinion and he came back into the country the ohi object act of the court being to see whether the whole community ought to punished for the murder or certain individuals only the judge proposed to allow the defence to introduce rebutting testimony mr wilson with all due dae respect to the court objected and proposed to submit authorities ties oil on the question mr stout wished if the question was to be argued that the time be sel sec for it and that they on the part of the defence might prepare for the argument mr air wilson argued that it was not right to examine witnesses pro and con in a nary investigation for that would be ber virtually a adal major blair was willing to submit the question to the court without further argument it was finally decided to argue the g question Li estion tomorrow to morrow morning mr wilson asked leave to examine a witness relative to the murder of jones his honor remarked that if any person would make affidavit the court would issue a warrant mr wilson said he be was there as prosecuting attorney that he was a comparative stranger in this district knew but little about the of fences committed or any evidence touching them in the states and older territories the prosecuting officers were furnished with all the evidence that could be furnished by policemen from coroners in quests ac and by that mea means they became sufficiently acquainted with witnesses to enable thea them to proceed but his honor was aware that he had bad no knowledge or means af ascertaining who might be witnesses and he be desired thee ibee the operation cooperation co of the court in the matter that thit lie he might bring the offenders offender sto to justice or r the jud judge e ge ob served observed that is a flattering commentary upon their peace regulations herd gen bugge suggested sted that thai the witnesses testimony should shoula be taken laken downin down in the form of an affidavit ilia his honor replied it is rather extra judicial but we have no precedents here of any kind orrin E parrish was sworn and arid testified that he was present at the funeral of jones and his bis mother saw them buried in the 1 due dugout dug out in which lie he saw them living the day before that they were buried in the clothes in which they were killed saw blood on their bodies bodiee heard they were shot for horse stealing he then signed the paper containing the evidence subpoenas Sub penas were ordered to be issued for joseph hancock and ana james pace court adjourned till tomorrow to morrow at 9 0 THURSDAY march 24 10 AM john rosa rma a native of austria sergeant in III the detachment of the V U S airily now investing the court house applied for bis big final papers of naturalization which were issued by the court mr wilson read the he record of the inquest held on the bodies of the Parris bes and potter botter at march 15 1857 1847 he also read the record made at the court of inquiry held on the idith before the justice of me we peace inland iwand for that precinct as evidence after fully arguing and considering the subject the court decided to h hear ear testimony on both sides major blair asked for a copy of the warrant on which mr air Net bercott was arrested in behalf of arid and daley he demanded a hearing two of 0 the witnesses were leaving for camp eloyd floyd and be he wished the prosecution instructed to fetch them back and detain them until they could be cross examined relative to mr lacabe lacase case cabe some little altercation took place as to who should send for the departing witnesses after which bib bis honor said it is desirous that the court should make itself understood upon that point two persons are upon trial here wit 1 nesses are examined upon the case before the court and during the progress of the case such facts are developed that warrant the court in issuing its warrant for the arrest of mr air Nethe Kether cott but he is i 11 not upon his trial though the circumstances seem to ta connect him with the case the testimony already produced cannot go goto aoto to the detriment cf of mr unless the witness who has connected him with kith the murder be detained I 1 will say that I 1 will bring my notes and read to the witnesses and ask each one if it those are the facts and will take this course until we get to where we are now with those two mho who ho are upon their examination mr blair again asked the court to discharge mr air daley as there was no evidence before the court touching him in the least court adjourned till tomorrow to morrow at 9 am FRIDAY F march 25 10 AM mr air wilson had bad subpoenas sub penas issued for persons from lehi lebi but none of them had bad arrived adjourned until tomorrow to morrow at 10 am arc I 1 SATURDAY MORNING 9 OAM gam AM Z march 26 1859 5 john winn and justin J merrill of lehi relative to the death of jacob lauc laoc e late of american forke fork were examined report says that the man lance committed a rape on a danish woman near lake city that he lie was afterwards taken into custod yby a police officer conveyed to lehi where be he underwent an examination impart in part but that before the day to which the examination was adjourned arrived a woman or small built man mar in female apparel rushed into the room while part of the guard was absent split spilt open lances head with an axe and disappeared immediately I 1 nothing of importance was elicited from the above witnesses further than that lauce was on the evening that be he received the fatal blow in in the custody of alonzo R P rhodes george coleman Cole coie nian naan and name of the third person not heard b by y reporter rEer mr ainer alner M hollinshead of pondtown Pond town was sworn and examined respecting hig his knowledge of the murder of henry jones and his mother he testified to his having heard a noise on the night of the murder did not know who the parties were that made the noise or were engaged in the affair witness was not acquainted quain ted with jones never saw either him or bis his mother did riot not see their dead bodies mr williams said that mr hollinshead was not the witness he wanted it was his father that he be intended to have had bad but not knowing the given name the son had bad answered tile the subpoena sub pena SATURDAY 10 loam loa ioa M mr stout asked the court to discharge john daley nothing having appeared in in evide evidence nce against him mr williams said that thai so far as bs he was concerned he was perfectly willing that mr dale daley should be discharged forbe had learned nobby nothing g against him his ilis honor examined the evidence that had been giver by orrin E parrish by which it appeared that thai daley had bad been a teacher in springville Spring ville and that just prior r to the murder of the Parris hes be he had gone to enquire into hito the religious views of mr parrish mr wilson ie remarked marked that so far as be had heard beard whether before his ills honor or elsewhere that was all the evidence there was wag about mr daley mr air williams stated that at that time there was a great revival and it was customary to go and inquire of every man about his religion but so ut so far as an the murder was concerned be he believed lie lle ved mr air daley was innocent daiel dalef the judge 0 re replied V i edt he appears to have been I 1 i i aih mih i awa 0 a stuat h oue ld ai as a teacher and then their ag as a L p olic otic eman I 1 a and n 1 this murder appears to have been committed by the authorities who held ollice office at tb that at time therefore the court will wait until the examination is over and then determine whether mr air daley is innocent or guilty court adjourned till monday morning at 10 a am m from the dinst to t this date inclusive abr persons have been naturalized and forty fort two have made a declaration of intention to become citizens of the tie tle united states |