| Show per deseret 1 1 1 ax aar dar to the desra john joba D kleeb trial postponed f beaver april it 11 r the second Di districh court met pursuant pursuant to adjournment at loa ioa 10 a ili a lee nee was brought into court by U S marshal maxwell louing depres sed and unwell acu act ou ap a ruled by his two wives racha rachael 1 and caro t line the attorney filed supplementary reasons for or the continuance of lees leea ca case 0 till the next july term bishop from pioche counsel for lee objected to the filing of the second state ment merit for a continuance of tho the prose prosecution and read the original r inal inai statement claiming that thit a large number humber of the witnesses for tho the prosecution the m lial ilal had been besu unable to nind find aa a taj 1 l aring bring in to court he had travelled over boo miles but could not serve tie subpoenas that there were no other witnesses that the prosecution gan gau can cau prove the facts by or come to trial without their testimony that in lit consequence of tile the total lack of f ands they cannot pay the witnesses jurors and ether other expenses that the case will involve a cost of one thousand dollars and in consideration of the territorial auditor having refused any assistance from the territorial treasury wo we are llyle to come to trial this term teria thi ea case caso sewIll will involve the massacre of the T mountain meadows require ir from efrom two to four weeks time M V ve believe we becan can ean procure the attendance I 1 enda hice fice of bf the necessary witnesses by the next term and a portion of tho the appropriation by congress to defray the expenses of the district courts of the territory will be bd procured by that time this application was not made for delay and the prosecution will use all dil to procure the witnesses witnessed by tie tle the july term spicer bicer for lee idee said the pris prisoner crier comes inan int court and resists the pio positions on which the application for or continuance is based he was wag arrested on the ninth of nov 1874 since which time he has ha been confined in jau jail which has already greatly impaired his health and further conting contino confinement ment mont will endanger his hl ilfe life ire he has not sufficient m means e ans to provide for the expenses orthis of this thib trial and aud the support of his family he hd is entirely innocent of everything charged against him and is ready and anxious for trial this term if the case is continued it will be an act ot of great injustice inaus iee lee ide the indictment was wa s found on the testimony of or ten witnesses all of whom can bei bet procured this term the crime with which he la Is charged was committed over 1 17 r years ago alithe all ail the witnesses endorsed on oil the back hack of the indictments ts within 65 of or this thid city and could be summoned by leai leal legal process in three thred days dayt two thirds of them are citizens of beaver and aro are now in daily attendance on the court the indictment had been found seven mouths months there had been two te ms of the court since the we arrest bishop followed with ail ad argument adducing authorities as to tile the rule ruie of continuance in criminal eases cases showing that the prosecution had no legal grounds for the motion that the absent witnesses was not those on the back of the indictment that the want of funds was no batise for postponing the trial a speedy trial was guaranteed by the constitution the prisoner erraa was fully prepared and anxious the marshal had not sho shown wn that any subpoena Bub poona had been served on any of tile the witnesses on the tho indictment that tho the government did not build ba bastides bast stiles lles iles for the confinement of prisoners r boners till funds were raised raided for t the e prosecution by taxation or otherwise that the ther witnesses and jurors were under obligation to attend whether paid or not and add if they refuse to comply with the process of the marshal there was abundant dant force farce at ft cameron cambron to compel belthem them and bring the unwilling skulking witnesses esses into court in chains if necessary und this government was not without without resources tha that tJohn john DLe D lee ewas was anoldean an old oid man man mau 63 years of age and he come comes before the court this da day y begging and pleading pleada f ug to be put on his hid trial bishop occupied an au hour and a liala in lix an able argument the court took a recess till two p in m when the continuance was granted by judge rudge bareman Bd reman and nd the tile prisoner saner was taken back to his place of confinement at fort cam eron cron |
