| Show when a void vold probate judgment dis jis lisa sisa a B bar ar ar delivered dec 18 1874 OT or UTAH 1 THIRD district coc COV T the people of the united states slates lu ju the territory Do cember december of mahs utah term terni 1871 nicholas I 1 vt lawle lawie lawless I 1 1 the probate courts ot of utah have bave not and never have bave had jurisdiction la in criminal cases i 2 nevertheless judgments rendered by them therm and executed and abid the time to appeal from which bad expired prior to the day of Ju neW nem are declared by act of et congress to DA be validated revalidated and confirmed 3 hsuch huch a judgments Judi judg ment menti when pleaded in abatement wili wiil be trea treated tedy by this court as a barto a prosecution zor for forthe the same offense offence in this court since the passage of said act of congress 4 thia this court will not inquire whether it was competent for congress to validate a told vold judgment the indictment herein was filed ontke ath day of december 1874 it charges the dereh defendant dant with having murdered one george bal bai snively vely on the jath day of fo february v breary br uary 1874 to this indictment the defendant delen dant interposes a plea in abatement which will be substantially set forth in the opinion of the court the people demur to the plea as not sunt sunn sufficient lelent in law to bar further prosecution for the said crime of murder william carey U S attorney for the people john john B R mcbride for the defendant mckean CH J the defendant hlf syl syi leges in lis kis his plea in abatement tit in the month mouth of march 1674 ho lle was indicted by a grand jury of the probate court of tooele thoele county for the same offense offence here charged against hlin bim that in the s same mouth month he was tried in that colart on that indictment was convicted of the crime of man mans laug ter and sentenced to im imprisonment rison inen tand and was imprisoned e for and that no appeal has e ever er been taken from the said judgment against him do these facts taken as true constitute a defence tu to the indictment in this court this court and the territorial supreme court llave have repeatedly held that the probate courts have no criminal jurisdiction congress in the third section of an acl act in relation to courts and judicial ont onn officers leers in the territory of utah ulah U tah tab approved june 23 1874 enacted exacted oat thad probate courts in their respective counties shall have jurisdiction in the settlement of the estates of decedents dece dents and in matters of guardianship and other like matters but otherwise they shall have nu no civil chancery or criminal jurisdiction whatever and in the case of dern pern s vs higley 9 et ul at the national Supreme Court has shown that those courts never have possessed general jurisdiction or criminal at law jaw or in equity but bu t in the act above referred to approved june 23 1874 con Cou congress griss enacted that all judgments and anif decrees heretofore rendered by the probate courts which have been executed and the time to appeal fro from ia which has by the existing laws lawson at said territory expired ars are hereby validated and confirmed n there would have llave been no reason in attempting thus to validate such judgments of probate courts as had been lawfully rendered and were already vallas valid and this provision was clearly intended to Tali yali validate date such suich invalid judgments as aa came within its terms the judgment sa s1 E pleaded leaded by the defendant might have avo been appealed from within thirty days at the furthest laws of utah p 31 sees 29 30 p 66 sec bee 25 but no appeal was taken whether it was competent for congress to validate void judgments is a question which this court will not discuss discua leaving it to be considered elsewhere the judgment pleaded by the defendant belongs to the class of judgments which congress has declared are validated and confirm edIt is therefore held to be a bar to this indictment aud and the demurrer to the plea is overruled changes and appointments the con Cou conference ference ferenee knoch as the bedford conference Is hereby discontinued and those branches of the church in the counties of norfolk suffolk cambridge and huntingdon heretofore situated in the bedford Con conference Conle conie terence terenee rence will be designated as the norwich conference with z elder wm greenwood as president rr n those branches of the chur church ch I 1 in n the counties of bedford and oxford heretofore belonging to the bedford conference will be added to the london conference i those branches of the church in the county of northampton formerly belonging to the bednor bedford d conference are hereby added to the birmingham conference the book and other accounts of these branches will be transmitted to the president of the respective conferences Conference a as per the above change and this office duly notified thereof elder george ball Is appointed to labor in the bristol conference under the direction of elder B H watts E elder eider ider lder vernee L halliday is appointed to labor in the birmingham conference under the direction of elder R va V morris millennial star dec 1 information formation Im wanted mrs lyla clark mark of Fl amstead herts E england ng wishes to hear from her daughter susan now mrs who when heard from last was living at petersburg ty utah millennial sfa sia |
