Show fc 1 REPORTER 4 i COURT DOINGS AT PROVO 4 4 THURSDAY march 31 10 AM 1 dim diw t met pursuant to adjournment the minutes anat s 0 of yesterday were wera read ly ty the clerk and the record signed by the tha theja judie jadie dge mr mi stout asked if the prosecution had bad rested retted the case with regard to those prisoners under examination mr wilson answered in the affirmative 14 te the judge stated that be he intended to examine joseph I 1 bartholomew sitting tilting as a a committing magistrate ho go business appearing the court was adjourned till tili saturday morning at 10 befort before the tha lion ilon john cradlebaugh in chamber chr chi uber uter 12 it 1 joseph bartholomew was sworn nis UIs honor said that bartholomew had voluntarily made an aCil livit before him that he be would woul dread read it and then 1 be he desired to have any corrections made it conid could te 14 dine dene after the reading of the affidavit bartholomew was sied fied if there was wag anything ady any thing more that be he wished to add witness believed not but subsequently added a good deai deal 4 cross examined by mr stout the examination lasted three hours hour FRIDAY april 1 I half balt past 2 2 2 PM rm ta chambers jahn aff IV bell belr edson rason barney and joseph alien allen were exar exam p nned lied as witnesses tor for the derence defence ot of mr alfred 1 etner cott dott cross examined by mesepp wilson and wit m tout stated that ho hardly knew how to proceed jo Q he the mcdonald McDon aldand and kerns seeing that the th wit nims DIMS es forthe tor for the tte defence could not begot be got lils ills honor said ald that if there was or could be any assur a ance anca ce given that witnesses could be got by a certain day he awas was witling willing to delay the abe care case mr stout sto ut asked eked if the case could be kept open indell so far as the case ease of mr daley was concerned hp abiad not see the nesi neil lyof of calling up any rebutting iff witson wilson waa wan willing to do as his bis honor amed in arn tm coatler ci atler ax ar bakki sall that his bis client clients did sd not wish to be com coin without barenz an opportunity of getting witness aj fr thy they felt assured that they could be proved to be b lot it wis was an unfortunate situation to be placed ini chaid of murder knowing that thoy they they v are inno ant ayt and aud without hating having an opportunity of proving it we inte age remarked that if they coald could not arr arranga arge any ija haf twe tte ewhen they donld have their witnesses the cafe ae vb havo bavo to 1 be disposed or at but it if an arrangement wa I 1 it would bava hava a to be by ue uie counsel and ud not 1 by the thou conn cown gafa waff W 2 gon mon that he as rrose prose prosecuting eating cating attorney ilak lika ule ale duty to perform and that was to prosecute faim ae cage case to be proceeded with ur mr nit tit for the tho prosecution and aad ina lna in a ver dietr a ahn thi manner reviewed the part parts of eti evi evidence evice deace dence nce ace on which be L maed waed to rest the ibe aw ewe mr observed that tbt he be round found in a very un nant want as be he had teen been relying on mato blair biair who was then la in salt salt sait lake city for fon to the principal bartot part of the argument menty araso and so alsobah also had bad the defendants the judge said that he was wag very anxious to give them time lime to get witnesses for the defence and if they had any and could fet pet th thal BI there by tomorrow to morrow he be would wait mr stout asked till monday to get mr biair blair there after some further farther re remarks maiks the hearing was adjourned till tomorrow to morrow at 4 pm SATURDAY SATUR batur DAYi roam 10 AM there being no business before the court it took a recess till 3 3 P PM it 1 court was ann announced in session colon hy by deputy marhal Bro brookie okie okle gen wilson pu matted the following motion motions which was ordered to he be spread pread upon the record whereas by the judgment of this court courts entered on the I 1 I 1 th day of marchy march it was declied that alexander wilson the attorney of the united states for the territory of utah Is the person legally entitled ty by law to prosecute becote hll hit persons charged with of fences against the laws of the territory of utah wherefore the sald fald prosecuting attorney comes cornea and makes the following motion viz that no other person or persona persons shall shail be allowed to assume or perform any of the functions or duties legally appertaining to the said office of prosecuting attorney unless the same tame be desired as assistance by the gald said prosecuting sec attorney and approved of by the court ALEXANDER WILSOM U S attorney for the territory of utah A april ars 12 2 1859 11 the judge asked it if mr stout was redy ready to go on with the case of examination of the parties charged with the murder of the Parris hes bes and potter mr stout thought he be would not wait any longer lonker for the return of mr blair bialy but would risk the case care without him mr wilson suggested that as be opened the case on yesterday it would be proper for mr Wil williams ilams iiams to speak first and then mr stout to follow this proposition having been agreed to by all concerned mr williams delivered an inflammatory speech of nearly an hours duration it was a most singular admixture of chaotic matter in the shape of sympathy declamation wholesale charges against the civil and ecclesiastical authorities thorl ties in the territory finally it contained many assertions sert ions but no arguments menis ments mr stout commenced his bis argument by saying that it was the object of the court to find out the guilty party that it was DO no uncommon thing for murder to be committed and the guilty party to be among the first sym sers with the bereft mr stout then proceeded in a very cool manner to review the evidence before the court I 1 which he did briefly and concluded by saying baying it Is a hard thing for innocent men to be td to answer for the guilty having answered my feelings upon the subject I 1 will conclude trusting the case cane to the sound judgment of your honor mr wilson concluded the argument for th the prosecution ra in his usual gentlemanly yet firm and resl real res ful fui mannen manner he ile recapitulated the principle items of ett leuce truce that bad been bro brought tight light out and in a masterly tyle elected selected the conclusive and positive testimony from the vast almonas of extraneous matter which was before the courte court aud closed as follow with these remarks remark I 1 will leave the cae ewe with your honor the examination bas ban been tedious te dlou diou ly two ivak and with me before the grand jury nearly another week and in thus leaving it with your honor I 1 teel feel that I 1 have done my duty judge cradlebaugh Cradle oradie baugh bangh summed up the case as tol fol follow lowe lowr I 1 must most say that until I 1 commenced the examination of this case I 1 supposed we were living in a land lanit or liberty in a land where any person could go to any anyplace where he thought proper to go I 1 had also that we alvid lived in a lani ian I 1 of religious toler allun alion where per pera tug lug oris tua were allowed to worship god according to the dictates of their own conscience consciences but the evidence that hot hoi ben den introduced snows shows at least that the people w w tar far as the territory of utah Is concerned do dut nut euay those buss bUSi lugs arthe af the constitution it t would seem that the me people are not only deprived of their liberty religiously but bet of that which Is guaranteed by the constitution of the united states if for example they tall fall from the faith of 0 the rell relI religious ginns gInus that here the evi evidence denoe denoo foes foci to show mat fiat their throats mutt be cut rut if they attempt td leave the country the same thing is to follow I 1 think I 1 am right in saying that these of the tb do not rut rot accrue to this territory when and where in utah hab has any persons throat been cut or anyone any one in the leasther least personally injured or in any way hindered frd fro from m leaving this territory on the ground of bi her or their apostasy apo stacy never and nowhere BO so far as a long and intimate acquaintance with civil and ecclesiastical territorial affairs gives us ils rel rei fellable lable labie information wherefore the judges judged 11 1 I think I 1 am right ia widely at variance with what we are sanguine are the facts upon this point ED NEWS and ant it occurs io to me that the court courts hanm hoem should tibb si ito ther proper and tayge it backius tp be thrusa mir dir u therefore so 0 o far as I 1 a ani M 1 bhan ehan shan thill endeavor to ro enforce the to law w against all ail al that do attempt to set up any law of or a bleher hither character or that set up a right to take peoples fats and that do attempt io to take the live lives of person because they ane are de desirous deir birons oui oni of leaving learing the Terra oy kep kep K ep conr bayonets away and prove yourself impartial iMPART fal fAr as a judge should be and in such you would receive all necessary aid without any occasion to ca call cali upon I 1 the military ev EoJ in this cages cases ca the th testimony that thit hus lus been it that there has not been teer that toleration tow tuk ration rallon that is 19 richt rint fw tar ti the people to enjoy why let up u look at it we W flud I 1 here in the of Spring springville ville but two y ars agoy ago two or r three persons make up their minds winds to leave therel there there no complaint of meir their baving having done dona anything wrong ex capt a complaint in regard to their religious epin lonsy and that they are going to leave the place how could there be shown complaint of their having done anything wrong when only one side eide of the testimony i vas was examined ED I 1 those persons leve leave and before they are outside of their own homes we find that bat two of them are most brutally murdered A third one Is killed I 1 suppo gappae t unintentionally tio nally killed but two we find are murdered in a m most 08 t brutal ani inhuman manner and I 1 say tor for or what cau caff 10 there was no other cause than that those ferons entertained dlf dif Terent different sentiments from the people in spring ville there was no other reason cause or motive for it in looking at the testimony we say that this li Js the state of the facts we find fand that bishop Johnson johnsony 2 the mayor mayors and the policemen are en engaged gagel gaget in that murder we atad fand fl id council meetings are held as they tali rall i all bil them that in those meetings the be murders are determined upon the meetings are held in the upper room of 0 the lri bishops house and those thole per sms sins ilves lives are determined to ba taken because they are leaving the territory now there thero la Is no doubt this wherein is there greater harm barm or why make so grave a charge upon one sided testimony concerning council meetings in the upper room of 0 a aBi abl bishops house housein in Spring springville ville rather than concerning council meetings in the I 1 upper room of a store in G S L city or elsewhere ED edl we have but a small part of thoe those persons here who were engaged in it we have perhaps borne some but we should have hare more for every person engaged in those meetings are an as amenable to law as ir it engaged in taking the lives of those men 1 we find in public se not in private council as a the th evidence shows we and a person who claims to te be a ai president of twelve apostles stating that apostates shail shall not leave leaves that it 11 they do ther they stall not tot rel gel beyond th the muddy and the muddy li Is only just the wall 0 ol 01 Spring springville ville vilie in this I 1 allude to orn orson hyde he is 13 foun found down there preaching and makes these i tatem DB nta i now these bishops get gel their cue cae from some other and higher source and I 1 hope that in some other case that will wili come before the court we will get at the tha source from which they get this thia horrid doctrine bat but these threats are repeatedly made and avowedly given out in public meetings in the church the bishop acts sets upon the instructions and counsel given riven him from higher authority ile lie calls around birn him such persons aa as he wishes to assist him and we find him in connection with these matters calling tg together agether ether his council when that council get together we fiad and him ta king to them and telling them what 14 1 to be done hod nod nd algo also telling them that they wili will see bee the red now flow we have this thin in the of mr bartholo mew that la Is examined as a wit witness betts in reg regard ird to this matter we find also that thit mr mcdonald and ethers others who ar arb are chere here were in those meeting 3 and deter fined what hould should be done with wilh those persons persona w u ho were murdered persons are ere to watch the Parris heb hes and also to watch persons on the spanish farm ijohn Iid ilin liin farra parra this was done that they might know aheu they were going to lea iea leave e I 1 ask why was all this done now if the going to leae leave anai unit were in debt the courts were open they had the remedy of the law and their lives need not have been taken they abe were amenable tu to the law but we find that Is nt not n t the object thee theme persons have in view they 1 hey have already rouin robin d hem the him tit rii of their properly property yv but they are about to leav ra vr they have ha vi a apostatized ani are preparing to leave the country and for this they are doomed to ime hise their lives not by a jury of twelve men not by any igi ipg leg ii ant ambor hority bority ity liy but by the ati council we find in looking at the throughout trout that these per om attempt to go away and that they are brutally til tri i near nean inear hoflich lowthe question to ix Is t who ifould be punished for that crime all al shu sh a d be punished who are guilty of combining together agi ami commission of ft the be of nence fence s 5 much as those who ho are actually acu ally engaged in it budwe nul nut we J bage bave 3 alenot nat not nai been able to bring the entire persons before the I 1 art who wre wyre combined cAmb ined boget together her in this murder j q so 0 far as so we have been able to pr procure cure those who werd were weri accused they are here heye viz alexander F mcdonald hammon hamilton 11 kerna Ker eer nJohn john diley dalmy alfred durfee and juseph joseph so tar as mr air Nethe reoU Is concerned there in to too felitt moty moty showing that he h was waa present in any of those council counell meetings and I 1 may laytay say jseph bartholomew fui ski aio rio alo o for there to 1 no evi evidence derce showing that hemar boyar there but it Is in proof here that a letter was delivered to mr nother ci it by the tho president ct of tho tha sake slake to be carried to the bichop cf S now kow there Is one witness here who fe fedot that the letti r that was carried upon uhe use day that thal this thia marder murder was committed was carried by hiro hirn elf mit and that bio boo b did not deliver it until the day atter after tle lle tle murder but upon the question being bein put to him as to v bre b re thai that letter ietter was waa w 4 dorn porn f orn oin he be said sold herec he received elved it from ibb ibe stand in he the bowery but thre there IF f a wl triesA who a bli bit Net bercott received a letter from the p pendent pal badent tent lent of this tills sike glue to tole toie be carried to to the Bli bif hyp hip now rhe tha evidence rots gots to snow show bat wat hat that the letter cht Net Nether herrott pott carried was not the one delivered dell vered vernl to 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