| Show OF THE PROBATE 1 COURT FOR UTAH COUNTY ff l report of the proceedings edingb edinga of the probate i nar oar ifor for the county of utah march bee seE session slon sion 1 begun and held at oti on the oth ultimo ilon ilon lion Z snow been forwarded hous bous to ua for publication which chwe we should have haie taken talen pleasure in doing entire had it been re rel oved in time tims to have been inserted on the fi of lato seeing cissne but under unde e ing circum circumstances stances w we e were vere com compelled belled to 0 o can condense dense the report materially 1 the court was called at ten am a m present ilon llon ilon Z snow judge byron pace sheriff 11 rard ard coray clerk and isaac bullock esq P attorney ky adire e i nire for a grand jury previously issued wab was returned with a full fall panel annexed on beino being called all answered to their names with the ex exception of two for one of which a datis satisfactory Batis factory tatus for absence was wag made the other an attachment was ordered bussue returnable on the first day of the f r f neat next regular term terra of the e ebur couch tj Tw o persons ebyn asan i s were bum ni by standers slanders to fill the panel 1 Aft after erthe ithe jurors were and charged bythe court hnz le E billings t appointed 1 1 I foreman they retired to enter upon the thi dischar geoE of tah required duty in charge ofa of ii bailiff they continued their thein invests investigations b I 1 ifor for five days during t which they found nd and presented five indictments one rii rib 1 tor for manslaughter one for assault with intent tai toi kill and three for grand larceny A the first case cabe called was the people v isaac S potter in whick case cabe an indictment had been found against the defendant at ata opre previous term tym of the tha court for grand lat larceny ceny an and held uner recognizance 0 o appear at this t erda erdo er etca m the parties having de declared blared that they I 1 i were ready f for or trial a venir ewas ordered to issue fora for a petit jury ury returnable forthwith there thre were two cases on the docket powell appellee v bean app appellant iiara llant and powell appellee dellee y v mccracken appellant in which tae judge bad been counsel for the appellee and both depending upon the sasae sasie state of facts ache request of the court the tha par tle tie ties mutually agreed t I 1 e edt to 0 reff refer r the matters in to the of ivl IVi william lilan jliAn miller an and d eleven the parties and an order 0 of reference refe ronie ronce was enterer entered en fe pursuant to llie he agreement i I 1 1 I he following is of the abe proceedings of 0 the court in criminal cases on tuesday the loth the them venire for a apelt delit jury having haviv been igen returned return eo theca tbt case ee 0 of the people v r esaac S potter indictment indictment for krali gratia larceny was called for trial pen pending ing which hleb bleb a witness was called en on the part of ilfe life people vh owis objected to by the defend defendants apts counsel who i of grah gran il larceny and which he offered ta to prove by parol atol testimony thony the court coura rested that record evidence was necessary to prove p rove the conviction and anil bat that parol evidence co could uld not be admitted armit ted until the absence of the record was satisfactorily accounted for the record not having been produced nor its ab sedice bence accounted for fo r the witness was sworn and testified in the case his testimony rOPY rovy showed s that bat he was a ah h accomplice e the whole testimony te t ti mony proved the tt stealing ealing value ind and owners ownership b ip of the pro prop property petty erly eily as alleged but left some uncertainty as to the person who stole it the testimony tended to show that one of the j witnesses il in the thie case sad and an indian stole it and that the defendant as captain of or an alleged band 0 of thieves tb ieves leves procured and ordered it to be done the defendant intro introduced dua dug d his own affidavit made fo to obtain a continuance which was admitted by the we prose prosecuting citing Aitor attorney ney as abe the testimony of the alleged absent witness this tended to prove that the defendant bought th the property of an indian the court coutt charged th the tha ejury jury thatis that if fro from m the whole evidence in the case aney were of of the ther opinion that the defendant de personally stole took and carried away the property menti mentioned ored in the indictment and that its value ui exceeded twenty dollars they must bring bling in a verdict of guilty that at common jaw there was wasa a plain distinction between beti yeen a principal and an accas accessory Ls ory before the taci fact the principal is one 11 wiio ia present doing br far omm act or rendering r in personal ah and assistance an A baccei sory tory before tb the fact act is one that jhb though nigh nugh not p present resent at the time committed yet counseled aided ar or procured it to be done that by dur our law that distinct distinctions ionis lonis abolish abolished edl edt and for this reasone reasons it they were satisfied b by tle tie evidence that the de defan dant jant coun counseled seia sela a med aided or pro procured c ared or as capto captain in ot tit a band of thieves com commanded banded or ordered it to be done donaj they must bring in a verdict of guilty 1 I 1 that in relation lob iod to the toe alleged purchase of the property from the indian india n it il they believed the transaction was made in good faith and in the usual manner vf deal rieal then it would account for the posse poss esloa bion of the property by the 4 defendant eten efen dant that if the jury were not satisfied that was wag the fact they must brin bring id ill a verdict of not guilty 11 lily illy I 1 ta t if their seydie verdict t should khe the guraly th hey cy must determine the nature and nd extent of the bb punishment but they could not determine a grear greater or less loss punishment than the law pre 1 sc ascribed scribed bed after a short deliberation the jury re urn ed a verdict of guilt guilty r fin gide fine ep four tour bundred huldred d ollars 1 1 the next case was that of the people etc r GUMP gurncy Y and jones indic indie ment for man j slaughter liter ilter wirich came caime on for foi trial on wednesday the lith t the testimony showed that in the latter part february february last 3 a party of men were sa fri I 1 in a kanyon hanyon near the city of provo sliding down wood and timber the two de about dusk slid a log which mor moor j i tally wounded ilca one man who died a few days af after ter and sli sil slightly h t I 1 injured a boy much evi evl evis S dence was g given ve n explaining to the jury the situation ot the and the places I 1 pied by the company particularly particular ij at the time the log was star stat started teil toil by the defendants 1 the court cha aged the jury ury bry that man slaughter consisted in the uhl unlawful awful killing of a human being without malice when the slayer is in the commission of an unlawful act or when he is performing 0 a lawful act in an unlawful manner i that it was a lawful business busi Lusi bebi hosi to t dalide hilde alide woi weed d davd e beg and thattie the be accuse accused haa evil equal rights lights with others abl that thab notwithstanding st an din g thi tha they could not la lawfully exercise t tin in a such buch uc b a m manar A n U r as to end endanger angil the illos lives and property q C any felio fellow xv Id laborers borers that thab fifthe jury ivee e satisfied thab that the de dee der fend fondants fend fond ants were ore orese caret sa se negligent or reckless I 1 i in in the a sliding of the log og that prod proA produced ape the death that hen then ben their verdict 1 should be guilty then the death inlaw js accidental and the verdict should benot 0 guilty the yury jury rendered di a ve v erect of guilty Guil tyly on tuesday the the case of the people c v isaac S potter indictment for murder came I 1 im for trianthi trial triai the the thi investigation 0 of which continued three days the indictment alleged that the defendants on ou the dec der 1862 at the precinct of 0 stian silan spanish Is iab irb fork murde murdered redone one thomas Jel jemmerson jefferson Terson I 1 barney parney by shooting him ec arid and that barney died on the lith of two mortal wounds abe ivi evidence dence before the jury tag tau voldmar poua pora nou but its it gereral features were thebe these I 1 about three weeks before the act was corm corn 1 1 butted hutted hut ni fated ted one ane of the witlie witnesses ses bes told potter that barney biad riad bad had potter wal was the captain of a band of thieves ofa of which aich barney had bad been a ari member inker but from which he had 1 determined to withdraw withdraw tp this potter rep that he barney iuds was a great coward that hat t he be wis was poor and that he potter pottery had haa ha helped him to a horse to ige a ay from the officers with and antl now he B bis 1 I is seeking beeking to destroy him lim P and ana then made mide a little nod agnild and said taking up a bottle beltle of liquor and potti putting ng it to hrs hia mouthy mortn here is id death deat to trait and a few days before barney was wasi bot hot two indiana were seen luring about the house of barney and that arney had fears that potter had bent sent the indiana there to kill him for the reason that he had left the band that barney was shot with a gun load loaded ed wih with powder and buck shot sapt and received two mortal wound wounds on one 6 throb through h the neck and one penetrating t the thorax cb hest host st etva thought to be about severi seven or eight in the evening this gun wak waa discharged ged through a pane of gik gla class ss in I 1 n the window and hit barney on the left part of his bis neck and left side of bib bis back the shot scattering making lr ivall eleven wounds barney at the received the shot sas sab was sitting by themire the fire with bis his back toward the window was called who dressed his wounds and informed barney that his wounds were mortal nor tal tai that abathe he must soon die i but be did not seem conscious coA conscious pait ad and declared blared he should live livoto beek seek his i i enemies lsne awe doctor stayed with uh him until about noon the next day lie lle left barney wanted to disclose di to the fhe doc doctor to r th the e facts as lie he said baid relating to this bandoff band of thieves leies th baethe doctor declined to one of the brol brothers hees befi of barney was with him the most mist most of the time from the hour he be was shot dec ft to the time of 0 f hs his death dec ded lith this brother was ca called ilo llo and arid was a willing wit witness naps nipe it was sought to prove by him b im certain bart bari baney ey made soon goon after alter be he had determined fo to quit the band of thieves but as liebre statements were we not arade in ade on oath nor n or aerl aeri be was conscious 0 of his approaching dissolution they were ruled ont out some time before his death ard after be he was shot he talked with this brother about these thieves and referred to hie former disclosures to him at this time he seemed con schou of bis his approaching w death but after stating that thai potter sent the indians indi Inri lanb ians lars to kill him he referred to the f drinis former talk talks 9 saying you know the rest upon this the question arose whether this witness could i to state these former conversations wi with hia brother the court was of the opinion that tbt th t unies unless thee hewit could refer to tile par pat lar conversations which were in the mind of th the deceased at the ae time eo ro as to ta incorporate teem td em into and m mike nuke ike them a part of his dying driz 1 declarations they were inadmissible the te 1 witness not being able to do thid this the tha conversations were not detail edn edi the tendency of the testimony was to show that barnev barney wak wah war was a thi thief I 1 f and on oh the eve of being bein justice lie ile made the dis implicating potter and others there showing that potter kept a goodly number of indians about him bi M i about that time the defendant went to show night of the murder about nine in the evening two to men were seen riding bouth south about bout a five miles from barneis barneys Bar each having a gan gun before him when n ja passing 3 asin ain air Mar khana khama one ole baid said tb the tha other htwe we have llave fixed barney row BO so that he br will n not ot steal a any L m ciona niora toof of our battlo cattle cattie J they then look a lital little 0 sih in the road so as to 0 o cro cros ps a stream of water and on coming round rodha again riding slow blow they said baid this want nado dol we shall not lot get past the summit before daylight and they immediately spurred their horses and arid rod off the su gumc 0 nt 4 was abndt twelve miles from mr mark Marf chams chaas 58 that potter on the night of the he murder was waa in aprin ville and though be he lived thre ihre yet h he e stayed a t abet all ail a I 1 I 1 night with mr janas janes dea mand near bis own owa family thor the court charged the jury that murder Is the he unlawful killing of a human being with malice aalice that by the Le legislature visia of this territory ory it has been divided into two degrees the first and second the first derree decree is when it is perpetrated by me means an of poison lyent in wait or any other klud kind of willful ell eil elibe berate eli rate rafe or premeditated killing or chith is committe comini trin vin the ilie perpetration or attempt I 1 to 0 lip ill perpetrate any arson arbon r rare re r I 1 ob berv bery ma mayhem y in or bur burglary 9 and avd tha tha ia is to tolie tie lie punished with death i all ail other ki bast hast rj uror is is in the second degree abd addys andys is J iuni igni punished shed j with f for ar lihi 7 ona orra ora orta leis leas than thail terry terr years ears I 1 that if they imy found the thi of I 1 murder in the first degree thel they might imitate 80 irate irr jun their verdel when hen it would iv oui bt b the duty of the fhe court to pas of death upon him but if they found jaim guilty of murder in the second degree decree it would be ther duty to fix fixin in their the extent of the imprisonment i be at least ten years that the they thay must look to the whole evidence evid brice trice in the case and makeup their minds from it that they were the jirges of the we weight i bt of tb the a t testimony of each witness and the faith due to i each ones onea statement to determine what weight and faith ought to be given to each witness they might inight use their own eyes and observe their demeanor alff and ippe appearance arance on the standi their anxiety to favor either party and to convict ot or acquit the defend defendant ant that if they chiy were of the opinion that patter aliv did the deed or that he ascah ascap haiir of a ban band d of thieves or as a member of buch sueh such hani banI hand band commanded or counseled it to be ione june one or aided ai ed e or assis as sis doing it they bast igind him gull cully guily gully y as baur law there is 13 no distinction helten hellen bel bej ten len en an access accessory ory before liv luv the f iet set and a palin crime that the law does doe s not sanction tife tiie th e uniting Ao together gether bf men to com commit mi it cri crl crime I 1 I 1 an and d then thed on the b e eve of being bein ae de teci ed the putting to death of those froin from the band thatis that if persons sons s united together for tar such buch an illegal purpose and then to prevent detection they put to death one rf f theis their number each and every member bi bt the thi liand band who aho nho counsels carn commands aids aid ald or sanctions the deed dedd is guilty to the same |
