Show OUR OGDEN LETTER OGDEN CITY utah july 1886 LECTURE ON gettysburg THE SCANDAL CASE editor deseret news the announcement had been published for several days in the local papers here that the rev J N brown of the Q G A K R would deliver a lecture in the union opera house on the FAMOUS BATTLE OF gettysburg on which occasion it was expected that the speaker would have a brilliant audience composed la a great part pan of tue loyal union soldiers and kneir intimate friends but imagine the sur prise of your our reporter when at 15 minutes to nine last night the audience all ail told numbered but little more if any then one hundred persons many wondered what had bad become of the saviors of the republic had it been that the lecturer was a rabid anti mormon i that his hia lecture would be interspersed with an imad versions inferences and ODIOUS comparisons between tile the southern rebels and the alleged hostile attitude of the mor imor mons toward tile government at the present time etc tue aquties an au ties would have been present in f ull full lorce force they would have thundered with their feet and shouted hoarse in demonstration of their sympathy with the views and utterances ot the speaker Speak ei ay As it was there were many vacant chairs and other seats and the auditory consisted largely of mor mons one other solitary individual occupied the stand with the speaker bp eaker who was introduced by comrade M J H bond the lecturer consumed considerable time with a map and diagram dla giam from which he pointed out the locality of the scene of the conflicts the positions of the contending forces in the I 1 sanguinary BLOODY CONTESTS the gat gathering heIng of the cohorts the massing g of the mighty hosts tue marc bILg and counter marching 11 the strategic movements for desirable positions were all graphically described bed the opening operine ol of ho the thunders of the cannonading canno the roaring of musketry the words of command the charges conflicts the des destructive kruc tive havoc the grape aud canister the bombs aomos the sword the bayonet in the tearful leaff ul aff affias ray when foe met foe in deadly strife the fields strewn with the dead the terrible groans of the be dying and wounded the retreats of f th the vanquished and tue pursuit by the victors etc were portrayed with A horrifying VIVIDNESS which seemed to convey the listener away to the fields of slaughter and carnage near dead and wounded fell in this battle which was the decisive or in sal flight fi at of the civil war of the united states tes the lecture was intensely interesting and was listened to with deep attention many of the passages were rounded with eloquent peroration mr brown is a gentleman of education and culture has broad liberal views and is ot of a conservative disposition when the FIRST DISTRICT COURT convened this morning judge jude zane r morning attorneys dickson aw and ogden miles hiles were present the bar ivas was otherwise well represented the court room was packed with people who came from tar far and near to hear the trial of the much commented on and widely ventilated SCANDAL CASE the people vs A 0 greenwell judge powers assumed the judgment seat and mr bronson was culled called and the two indictments of grand larceny were read and he plead I 1 not guilty judge zane then ascended the bench and tile the powers green greenwell well case was called the following persons were called and sworn and examined by mr dickmon as to their statutory qualifications for jurors J marks thos slater patsey haley robt brewer phillip rank jos jeukins chas webb J W rennick E W smout blueford bybe 0 B pay sob sm W R M parry they passed basped for cause on these points ann were then examined by hon P H emerson in regard to other qualifications which consumed a good part of the morning seb sension sion the examination relative to their knowledge of defendant the charge against him of their bias ar prejudice in f favor avor or against hith him ahal us as to their opinion if any they had formed was ABLE ClU CRITICAL AND SEARCHING and their answers were satisfactory to the examiner attorney dickson then took the jurors in hand the catechi slog resulted lesul ted in the peremptory challenge of haley kennick rank aud beater the remainder were 1 sworn and wm sewell charles jay Thos stoker and samuel H geisey were called and examined geisey and jay were challenged and excused richard slater jr and john horrocks were next called and examined horrocks was excused F J keesli kiesel was called but was not preb elit A H la lawrence trelice Nr elice who belonged to the regular panel was called and examined this completed the panel their names are ab follows llowd fu I 1 marks robert kobert biewer biever joseph jenkins auarles heob E W auzout blueford bybe C B payson W WM M parry wm win sewell sewal thos stoker richard kichard slater jr A H lawrence the J ury were then sworn and the indictment read to them it if being now ten minutes to 12 an ad journ mont was taken till p m with tie the exception of two the above jurymen juryman are composed of those who were summoned on the open venire several witnesses among whom were charles nelson and hyrum stuart were sworn and the mass of humanity clea cleareas reet out of the court room at ac the time appointed the court again met the jury was in its place the afie lawyers were in their place with legal lore piled up beffie beffi e thein themas sas high as miniature mountains MR MK OGDEN HILES stated the case to the jury for forthe the prosecution ec ution in which he denounced the attack on the prost prosecuting euting or complaining witness as infamous and said that to slander the character ot of a gentleman whose position forbade him to chastise thu the criminal was base and to attack the chastity of an innocent virtuous lady is worthy of death ile he then referred to 0 W powers esq as the presiding judge of this district court the duties of which he had discharged to the best of his ability lie he urther intimated that this scandals scandal had bad been started against judge Judg powers ePowers and miss sarah herrick in a revenge from the fact that powers had sentenced c his bis fattier father and brother and others of this community to the penitentiary tor for violation of the edmunds law the attorney then charged mr robson hobson of the salt lake herald with having drawn up some papers to th effect that judge powers had been seen in some scandalous and infamous relations and aud forwarded the same to the editor of the salt lake herald to be forwarded to washington for the purpose of injuring judge powers the matter was brought to the notice of tiie the grand jury winch which was then in aba session and the origin af the scandalous report was traced to A C greenwell Gree awell who the attorney said testified before the said grand jury that he had seen the complainants in a iiona ole position on or about the bight of the lach of april 1886 the p prosecutor prose rose cuton aou would I 1 d 8 show how that judg powers and miss dais herrick were not together at the time spoken of or at any other tl time me and that greenwell is GUILTY OP OF PERJURY A long array of names of witnesses anthe on the ca casemere case were then called andre and retired from the court room in charge of au officer JAS X KIMBALL ESQ moved to quash the indictment on the ground that no part af pf it stated anything that is material mat eriar to constitute the offense of perjury and that it did not appear that the defendant efen clant had taken an oath to the alleged facts before the grand jury jary and f urther further that it had not been shown to this court that such libelous statements had bad been published aad that in consequence thereof no evidence introduced here in the case would be material and as the libelous belous ii matter hadnot had not been published within the jurisdiction of this court so far as the indictment shows or that the court had jurisdiction in the matter he quoted the statutes in support of his position and read largely from legal authorities bearing on the same subject MR DICKSON in reply argued argil that because it had bad not been or that the indictment did not allege that the libelous belous Ii report had bad been published in this judicial district it did not follow that the grand jury here had not jurisdiction to inqui inquire f e into the matter and if the defendant had been called and sworn to tell the truth in abis matter and had not done clone so he is guilty of perjury per lury and the court had jurisdiction in the matter the grounds set forth in the motion to quash were insufficient the prosecution further arther argued from the language ian guage of the e indict indictment ent that the said grand jury had authority and dlo dic administer by its foreman and de len clant di did take the oath and did make the statements charged in the found against him after a rejoinder from the defense and f further ur remarks by the prosecution the spurt said the indictment was not sufficient under common law indictment but the question arose as to whether it is sufficient under the general statutes alter after a brief examination examination he concluded that it is sufficient and the motion to quash was overruled 0 P MERRIMAN HERRIMAN was the first witness for the prosecution heis hear a member of the present grand jury and was present at its session and 2nd day ot july he knew 0 W powers and knew of a young lady named sarah herrick he stated that on the above named day on the complaint of judge powers a libelous slanderous matter concerning him and miss mibs herrick was examined it was of the nature set forth in the complaint redd read in court the result of the investigation was the indictment against young greenwell A long debate here iacued in relation to tha statement of wit witness nessin in regard to the contents of a certain affidavit of mr hemenway Hem cnway before the grand jury mr kimball kimbal I 1 objected to tue the statement be ilg made the court sustained the resuming counsel lor for the prosecution asked it n defendant ried ded beffie beffi e the grand I 1 jury ury band and w what i at jae he tit d to defense again objected another long discue siou sion look place at the close ot of which the court over idled the objection witness again resul resumed ned and bald baid greenwell Gre euwell that about three months since mace he be was wals coming home from kaysville Kays ville when near the ridge above Bi Ri verdale he saw judge powers and miss herrick together she was near the carriage they were about five paces from him it was night near dark and he observed it was strange that they should be together at that nour of night she is a mormon 11 and the judge never failed to give Z a mormon I 1 the full extent of thelah when they violated it meaning the edmunds law lie he said lie he knew the judge and miss herrick and could not be mistaken in regard to their identity the witness said greenwell had been called to ascertain whether there was any truth in the reports circulated about the alleged bad conduct of powers and miss herrick on cross examination witness said there was nothing said about this occurrence taking place on the of april greenwell said it was on the same sand ridge about three months ago the of april was stated bt by another witness und and not greenwell JAMSS JAMES IVERSON another member of the grand jury was next sworn he stated anat on july 2nd and judge pow powers rs appeared before the grand lury jury and complained that thai a slanderous report had been published concerning him anich was to the effect that he had been guilty of sed seduction lic of miss sarah herr herrick ick in r relation elation to 10 the statement of greenwell before the grand guv his testimony was similar to that of on cross examination nothing new was elicited further than witness could not remember whether or not he be had talked with any person on this matter other than with grand jurymen juryman jury men or that be had bad told anyone what he sho should bild lild testily testify to as a witness on this trial WILLIAM J WOODS the foreman of the present grand jury was also placed on the witness stand he testified lied din in substance the same as we two previous witnesses had done AMBROSE HILL was the next witness he is in the employ of A C greenwell has been acquainted with him seven years was in his employ last april remember mm him going to kaysville Kays ville for sheep on the of april or thead the ad of may he could not say which but on the isto of april he greenwell came up from the same place with some lambs when he returned the last time lie he told witness he be had seen judge powers and miss herrick at theotime the time and place mentioned by other witnesses and in the complaint witness also testified that greenwell made a similar statement to mr hobson witness knew nothing of any affidavit or any writings that had been alleged to have passed between or talked of by ho on and greenwell when defendant fene nt returned with the lambs it was dark at night but he could not tell the exact hour had not talked with the defendant on the subject but once at 5 the case was adjourned till ten tea tuesday morning WEBER |