Show THIRD DISTRICT FEDERAL COURT I 1 REPORTED BY J V LONG 3 wednesday april 8 11 am court met pursuant to adjournment the record acord of 0 tuesday was read and signed by the jude judge tle ane case of the U S vs T C armstrong charged with purchasing a pistol from a soldier diar dier was called and the defendant having plead guilty it was wag ordered and adjudged by the thae court that the said defendant be imprisoned in the penitentiary for the period of gire fire days and that he pay to the united stages the sum sura of fifteen dollars and costs of suit art court adjourned till thursday at 11 am thursday april 9 gli gil 11 am court met as per adjournment in the case of the united states vs edward ray cl et al at mr ferguson counsel for the de fen lant filed a motion for ray to have a separate trial which the court granted the pris ner ray having been arraigned and plead not guilty the court proceeded to em pannel a jury to try the cas as follows aaron F farr taken hiram B clemns ch ca dilenge I 1 peremptorily by the defense jas M gallaher james A thompson thomas thhomas 13 broderick Broderic if john L blythe joseph busby henry dic bIc mcewan Ewan lucas hoagland millen at 1 wood james jimes fielding e and samuel L sprague taken talen mr miner opened the case caye to the jury 11 deuben miller 0 P rockwell and james cragan were sworn arid and testified on the part of the prosecution frank matthews an accomplice and one whose name was in the indictment with rays being called as a witness for the governa nt tit was objected to by the dezenar defenso de fenar question argued by counsel coursel after which bich the court rued ruled that matthews a might testify with the express understanding that the jury jury would be instructed to place just such value upon it as was wag usual in such ages abes ases cases with considerable qiea marshal marshai gibbs and mr rogers vre ate aiso alea called and testified on the part pad of the prosecution court tok t ok a recess fer one hour at half past 2 the court resumed its seb ses stan james crupp james W walker and james jamea talbott were sworn and testified test ifie I 1 on the part of lite lh defense cross examined by the prose conling attorney mr jjr miner then stated to the court that he testimony which if the case egui equi egah coah i be continued till tomorrow to morrow he w ua uld i produce aduce whereupon the court adjourned ti till il 1 10 jiw jim aia aea on friday friday april 10 met mev pursuant to adjournment the record of thi thursday was read and signed ae as foual the caselt the united states vs ray was reg rea resumed aed ned the introduced gately who pro luceti luceil the payroll pay roll roli ro il from camp dong laa las to prove that thag talbott was not discharged until the itah of november last whereas he reas he had hid sworn brorn on yesterday that he was discharged on the and that be he hespect spent that evening with the prisoner in a hotel in this cily city and was gambling with him on the even ji log ing that ray was wash charged in the indictment wah aph wi fh having stolen the government mules toe indicted witness JT matthews atthews was re called after which on the a application p pi cation catlon of the prosecuting 11 attorney talbott was arrested for perjury william wilum burton was sworn and arid testified on jha tila tiia part of the defense 1 the attorneys attorn eya addressed the jury making whal wham wha the gentleman for the tho defense denominate 1 a few remarks ha ar iud juia juda e summed up the case caie and ind in it the jury jurys when they retired in charge of an on officer william vier burton was arraigned charged in the indictment with complicity in the mule stealing lins affair and plead not guilty the trial was set for saturday alonzo gavitt was brought into court and arraigned on a charge ot of larce larceny larcena nv the prisoner plead guilty to the second count of the indi ement wherein he was charged with ae ue breting the mules after they were stolen and threw himself upon the mercy of the court whereupon the prosecution entered a nolle prosequi pro on the first count sentence was deferred till the other cases embraced in the same indictment should be disposed of the jury returned into court and aud rendered the following verdict we the jurors in the case of E elward iward ray charged with stealing two mules the property properly of the united S tates states government find him GUILTY as alleged in the indictment signed T B BRODERICK foreman ay the verdict was also signed by the other eleven jurors i court adjourned till saturday at 11 am saturday apil 11 court met as per adjourn adjournment ment menI the nc rc rd of friday were read and signed by the jude jud e the case of the united states vs william burdorf and alonzo gavitt indictment for larceny was called both plead guilty the court sentenced them each to sixty days dais da danhard hard shard labor in the penitentiary edward ray found guilty of larceny was by the ibe court to one years solitary on in the penitentiary arys and to pay a i fine of 0 and costs of cult sult taxed at the culprit to romain remain in prison after the expiration of 0 the sentence of the court until the fine and cos cog shall shai be paid the case of the united states slates vs frank matthews L F on charge of complexity comple compie comp icicy ity in th larceny of ray hay was called the prosecuting attorney mr air miner aliner with the leave of the court entered a bollt prosequi pro egui equi and the he prisoner was discharged from custody court then adjourned till alonda monday y at 12 m monday april 13 the court met as per adjournment the record dof of saturday was read and signed b by the jud jude judge e henri henry henry A hedger and john squires were admitted citizens of the united states the grand jory jury dame came into court the roll called calle dand and all were present on being asked if the gand jury had any presentment presen present men irmen a to make mr G A smith foreman presented an indictment against two indians indiana viz C urley curley and wah pan nah dab for horses and another aa against hist jarnes james talbott for perjury th case cf of the united stales states vs curley and wah wab pan nah nas called the defendants having no counsel the court appointed james jamea ferbuson Fer euson esq to defend them court took a recess till 2 pm the court resumed its seb sea session sion bion and immediately thereafter the grand jury came again acab into court a and nd on being asked the toe usual question the foreman presented two iwo documents ahe jud judg i remarked that he perceived on look over the he papers presented that they w were e no noc nov ordinary indictments but present ants the he foreman requested that the clerk should shoud read them in open court which the judge granted they were aa as follows to the honorable Honora oli united states stales district court fr for the third judicial distich of utah territory now in session at ut great salt lake city we the united sta states stales eq G grand ra 11 d jurors for lb the e bald said thild Jud judicial ical idal district in the discharge of a duty due the court and com corn i unity 1 and in accordance with a tine time honored cust custom m when anything notoriously otren offensive sive orde et erious to the health of the people or that is obnoxious and revolting in its charac ter exists to make presentment thereof to the court beg leave to make this statement af f facts and ask that it may be spread upon the records of the court ye ve desire to state that before the commencement men cement of the nuisance hereinafter complained of there was and ind nd still is an ancient wa watercourse t e aco u arse or stream commonly called red butte t t e c reek creek blowin from the mountains cast 0 oe grea great t salt lake city county of great salt la lake ke t the h e waters of which either inthe ori orl original i channel cf c said stream or in artificial artificia channels canals sects or dit clies construe ted for that purpose were ivere and are conducted into great salt like city cuty afore aforesaid sai sal 1 for the use of the inhabitants thereof to wit for the I 1 use and benefit of the people residing in the fourth and first municipal wards of baid bald city I 1 some three thousand of whom did and do ue use the said sail water an ani 1 were and are en ti rely de pe n ent upon ihnot only for irrigating 0 but for drinking and culinary purposes that on or about the 20 h day of october A D 1802 there was waa established on or near I 1 baid said watercourse or watercourses water courses in the suburbs of greit gre it S slit silt dt lake city and within the limits of the sa d corporation a i military encampment camp ment called camp D delao where bave baie since pince been beeri stat boned a large body bobof of troops commonly known acal abai fornia vo un 11 37 who aho abo hive have since the estable said military milita ta y encampment AS s fores dd id erected stables yards corr ils lis or inc for their animals an imala on or near baid watercourses water courses have diverted the water or part thereof from its ils it s former channels and caused it to run through the ya yards ads thus built for tor their stock block and aad from thence into another leadin leading into said city have placed obstructions in the stream have bui bul built bulit t privies on or close to one of said streams of water and in divers other ways have the said troops and those following them or attached to their encampment who are also located 0 on a sad said bad creek fouled the water thereof and rendered it extremely filthy and nauseous to the great inconvenience of the people of the said city and deleterious to their health to wit vv at of the three thousand persons ertons vhf whir use said water for the purposes hereinbefore hereinbefore bel sel forth that the amount of or water in said eaid creek or breams streams thus running into great salt lake like city as aforesaid by the diversion of a portion thereof from its regular channels and the use made thereof ty by the a id m gitary encampment camp ment has been and will vill be so long as the said troops shall shail remain at camp douglas particularly in the summer season when needed for irrigating purposes materially lessened from which great loss and damage will inevitably accrue ta to the he citizens aforesaid who were and are entirely and solely dependent thereon for the watering of their lands or chares orchards and gardens and without which they would be unproductive and soon become as formerly a barren desolate waste so the jurors aforesaid upon their oaths do say that said stream of water waters in manner and by the means as aforesaid has been and is rendered corrupt and unwholesome and is made unfit for drinkins drin kinc kny kne and culinary purposes as aforesaid and lessene g the abe amount f said water used for the purposes as afore i said to the great injury and common auls nuisance of all the persons aforesaid against the peace and dignity oe of the commonwealth of the united states slates george A smith franklin D richards elias smith william S muir samuel F atwood phillip margetts john R aberry tt berry claudius victor spencer chares char es J thomas J hn IV myers alfred cordon george IV ward horace gibbs lewis A west Leonar leonardo CG kice riep isaac brockbank george NV bryan james bond john B kelly gust Gult gustavus avus Mil mii williams iams lams well weil smith john D T Mc mcalister Allster andrew cunnin Cunning cunningham ham bam to the honorable united untied states district court fr for the kid mid judicial district of utah territory now wow in session at great salt lake city we the united states slates grand jury for said district in discharge of that which we consider a duty to the court and community and in accordance with a common atom custom with gran grawl 1 juries after afier concluding their labors it if diere exists anything in the district prominently offensive to call the attention of the court and the people to the fact by solemn presentment beg lave have ro to tender this state nent merit and ask that it be spread upon the he rc anta onia of the court we vve desire to state in advance s wat hat that we iye i lye ye not resolved to make this ibis a inconsiderately or arranged the facts incautiously tiou sly sy but upon mature deliberation and fully appreciate the responsibility which rests aou us as grand jurors ulder aider oath and pledge ourselves to be the entire truth of the facts herein stated As preliminary to what hat wo w desire to say we ive lay it down as a political axiom that the ex deice delce is selce anil and perpetuity of a republican government depends upon the equilibrium and riar liar mony with which the three branc branches hes heg legis legisa a tive judicial and executive are maintained d and kept in subordination to each other so that neither may encao ch improperly upon the other interference I 1 as upon private a of mals mais bec becomes eis oppressive oppre sive the department interfered with is jostled out of its true balance the harmony of the entire system is destroyed confidence ia is lost contusion confusion and anti anarchy ensue protection to life liberty e t y and an property p 0 perty petty the object of all enlightened en em lents tents 4 becomes a mere rope of ban san to the leisl le isi tive alve branch is confined the law making makina oner owen ower over to the judicial the exo siti oli oil administration and enforcement of the law laa and alid to toabe the executive the execution or supremacy of the law thua enacted and administered the veto power usually conferred upon the governor or executive is a high prerogative arid and never was intended 1 ld be exercised exe raised except in case of unconstitutional and imprudent legislation it is a dangerous power heil when bell placed in the hands of a wicked corrupt or even imprudent man tiie tue presumption of law is 1 I though a very violent one when applied 0 to o the present executive of gutib that this po llo er will only enly be resorted to in extreme cases and never for the pur pose of gratifying caprice fo ly or the ambition of inflated pride in al nil constitutional and arid whole wholesome legislation it is the imperative duty of the go governor arnor to give hig his to the laws passed when he refuses to do this and especially when such sanction ia Is necessary to the validity of the laws as in the case under the organic acton Uta hand band when be he assigns no reasons for withhold ng his sig big nature bu wah unmanly stealth pocket pockets the acts of solemn and vital legislation be he be comes amere tl raut rant aa enemy tp civil eoy goy ern ment degrades d e g rades hig bis high position positional an da unworthy t the he toleration of a free fret and enli enil 9 ened beope J stephen S harding the present gorer governor ilor of utah arrived in this city in in july last i ahl and a at once assumed the authority of the exec exe cu ui tive department of tb the e T ial lal government ile he came with h keyed words upon his lis smiles upon his bis countenance but with h hyp p tny thy and guile in his bis heart ile he professed sympathy for the people in their a struggled tru gle gie 15 establish a colony midway between the tw twy great oceans ile he expressed publicly a a privately his surprise and satis satisfaction faction fot tot for fo their success and pledged himself too to cco chopi ate with them in promoting their continue contina prosperity on more than one occasion B reiterated the asseveration that when he bi b came satisfied that h bs a administration wag wal wa distasteful to the people he woud retire fr tred free the gubernatorial chair in his speech in the bowery on the 0 t july last before a vast concourse if tit peba he said jf if I 1 know my own heart I 1 lion ome a you vou you a messenger of pece peace and g goo will I 1 eave b ave no |