| Show reports of the grand jury of the third district coat coust presented september territory of utah county of salt lake lakein in the district court of the third judicial district hon 31 Sepha efner efrer judge in closing our official eff off lelal labors we desire to submit to your honor the following report contained in judge Emerso emersons Ws instructions at the time of emean aeling this grand jury was the charge to give special attention to T violations of the law of congress concerning polygamy in compliance with these instructions we have been diligent in that branch of our investigations the limited number of fridi indictments ct which we have been able to present to the court against the violators of the law in question Is not in our opinion due elt eit either herto to the lack of energy upon our part nor to the lack of infractions of the law forbidding polygamy but to the extreme difficulty in getting proof of polygamous marriages this marriage ceremony is a secret one and attended only by interested parties and those who either cither counsel its performance as a religious duty or profess to believe its divine origin under these circumstances we think it unreasonable to expect to gain sufficient evidence to convict except in very rare in stances Witnesses leave the grand jury room and boast that wa we have been unable to compel them to give any information against parties accused of being in polygamy while it is a notorious fact in the neighborhoods in which they reside that these same witnesses are themselves so called plural wives and many of them mothers of children the issue of such marriages neither have we been able te gat get geb proof from those who faal ate at these poly garnic marriages they testifying that they neither knew of a record of such marriages nor have any recollection of the names of parties to them hence wa we are convinced that thai until the law against polygamy is amended or made more effective the crime must to a great extent g go 3 unpunished we lve desire herein to acknowledge the faithful support r rendered us by the court and its various oin officers cers we were compelled to invoke the authority and power of his bis honor associate justice phillip H emerson then acting judge of this district to aid us in making certain official investigations and the support asked for was most promptly given we most heartily acknowledge the ef efficiency and constancy of his aid as well as his uniform cour couT courtesy tesy in all his official relations we cannot close this thia report without reference to the valuable assist anee ance given us by united states prosecuting attorney sumner howard his time and service have at all times been at our disposal he never seemed to weary in his efforts to promote ohe the efficiency of our labors the ability which he has shown as well as his courteous beating have secured for him the profound respect and personal I 1 friendship of every member of this this grandeury gran grand djury jury and now having transacted all business brought before us or pran during the present term of court we respectfully ask your honor for final discharge respectfully submitted by the grandeury gran grand djury jury september 2nd and 1876 A B EMERY foreman territory of utah county of salt lake in the district court of the third judicial district hon ZU M schaeffer judge we the grand jury for the april term owsald of said sald court beg to submit to your honor the follow following 1 ing on the first day of june 1876 t a report was presented by the grand jury to the district court on the books and accounts of the sal bal salt balt t la lake ke city corporation which said report was duly filed in said court on that day on the day of june 1876 an affidavit vas filed in said court by john T caine denying the truth of the following clause in said report we are informed that the theatre was used for giving a ball bail at this time and that clawson caine sold admission tickets for 5 each they being managers of brigham youngs theatre j on the first day of august A D 1876 it having been made to appear P ear ean to the court that the above statement was made without sufficient clont clout information on the part of the grand jury the said clause was waa by order of the court stricken from the report thereby making it appear that the grand jury had reported a false statement statements to the direct injury of or certain members of this community we ve now beg leave to submit to the court the following report which is based upon positive proof which we have in our possession showing conclusively to the grand jury that the allegation made in the clause aforesaid referring to the sale bale of tickets by clawson caine calne at the railroad celebration ball given at the theatre in this city in the month of Jant january iary kary 1870 is arue true and that the affidavit of jno T caine filed june 1876 as aforesaid is untrue in GO so far as it ft denies the sale of tickets and the receipt of moneys for admission to the rail ball road celebration ball above referred to that this report is not made upon information and belief merely but upon the positive testimony of reputable witnesses given under the sanction of an oath administer ed in due form of law respectfully submitted A B EMERY foreman of grand grind jury september 1876 to the grand jury of the third judicial district of the territory of utah april term 1876 Gent gentlemen lement we your committee appointed for the purpose of examining the books and records of the counties in this third judicial district respectfully submit that we have made a thorough examination of the books and accounts of assessor and collector B R J golding as also of the books and accounts of county clerk dirk bockholt the county recorder keeping no books but those of record your committee are unable to report further than that the books of record in the office seem to be efficiently kept and the clerks in the recorders ars ofee office are attentive lye iye in the discharge of their duties the county clerk mr dirk buckholts Bock bockho holty holts lt either undera andera mistaken idea duties or a disregard of the position of the grand jury and their right to appoint a committee to investigate his books was disposed to dispute and did dise dispute our right to examine his books and it required the full power of the court to compel him to open out for our dinv inv investigation tl 93 the county records and books of account your committee com mUtee also report that in their opinion the county commissioner in I 1 ssi boners and county clerk have hayg been derelict in their duties in their not examining into the accounts of collector golding and enforcing a prompt settlement of his collections as by the law prescribed bed the books kept by auditor wm win clayton show that his biennial reports made to the legislature are correct statements of the condition of his books mr james jack being interviewed by your committee advised them that he kept no books cf account and that the auditor kept all the books necessary the only records in his posses possession pos sion slon being the stubs of receipts given by him for moneys moness or scrip received warrants for moneys paid out by him and cash or script j pt on hand very respectfully submitted T B A chairman adopted by the grand jury 3 ury september ad 1876 r V A B EMERY foreman |
