| Show OUR LETTER proceedings IN THE FIRST DISTRICT COURT CITY utah july 1886 editor deseret news this morning toe afie first district courtroom was again densely pack packed d with persons who gathered there ex peeling to hear the sentence pronounced upon young A C greenwell convicted of perjury trie usual hear yell ye was drawled out by the bailif and the court was duly opened CHIEF JUSTICE ZANE occupying the judgment seat when the defendant was called mr mn james N kimball Kiu iball of counsel for the defense arose and made a motion for arrest of judgment u en a and for r a new trial home of f t the e grounds rounds for his motion were th that t the in indictment does not set forth 8 sufficient clent facts to constitute the charge of the crime of perjury that the statutes require that 12 or more must be present to authorize them to hold a I 1 le legal al or regular session of that ody thas this the report did not show that the accused was not tried before a competent court as judge powers had no autho authority eity to appoint chief justice zane to hold bola a session in the first district etc counsel read extensively from statutes and authorities both foreign and United states among which were the poland bill and the session laws of utah of 1884 mr that the jury was competent guly auly authorized and were in proper session at the time that defendant was called tand land Ca reappeared Eapp Speared eared before them that an oath was duly tily administered to him and that he did take and subscribe thel same and in a his bis statements then and there did commit the crime of perjury he argued that their investigations and pro in the case were all regular and valid in relation to the competency of chief justice zane to hold a session bession of court la in this district he taid said there was not the least doubt and quoted statutes in support of his statement counsel also read copiously from many legal authorities to sustain his several positions in opposition to the motion mr dickson further said that while there was nothing in the law in the strictest sense to prevent judge powers from holding court and tri trying ng the case yet it would have been held as a most unseemly emly proceeding in him he therefore was both legally and morally and EVERY WAY JUSTIFIED in calling one of the other justices to sit in this district and try the case lie he considered the grounds tor for the motion as set forth by the defense insufficient alter a brief rejoinder by mr kimball the court in a brief speech sustained the position taken by the jhb prosecuting attorney and overruled overrule ct the motion of the d defense for foi a new dew trial recess lieness was then taken until 2 pm judge powers then took the bench the grand jury were present answered to their names and handed a report of their labors which was then presented and read react by bv the judge daring aring their sittings for the term they had ionus 26 in imenes against persons who had vi tile the laws of the united states notably tile the edmunds law they also found 16 indictments against persons tor for violation of territorial statutes one passage seems to have been inspired by the remarks of the prosecuting ing attorney following is a full REPORT OF THE GRAND JURY the honorable district court of the first judicial district of the territory of utah I 1 the irand grand jury empanelled empanel led for the may term of this thia court respectfully beg leave to make the following folio wing report the grand jury was empanelled empanel led the rd d day of may 1886 and immediately entered upon its duty as such sach after its organization it appointed a committee coMmit Leeto to investigate and report to wit on the vadious matters of public concern of whick it ought to take lake cognizance in accordance with the charge of tile the court to the grand giand j jury ury upon its organization the conditions under which the grand jury lave labored have been such that it has been unable to examine all the matters within the district of which the grand jury ought to take cognizance respecting the manner in which the various city and county officers are or have been performing tile the duties ot of their several offices the grand I 1 jury ury in its labors has been compelled by press preas of business to almost exclusively confine condne its attention to the hie con consideration ot of public offenses offe ubea against the laws of the united slates aud the laws of this territory ll it has however taken occasion to investigate the police auck ann sanitary bani tary of ogden city it and we lidid that tile the ib ia all that could tec der desired r particular credit is due to the rne fire delai I 1 its cou side the appliances anich athas it has at hand for the work to be done the abe grand jury devires to recall thy the attention ot tae public aud and of the city authorities of ogden to the suo bud eject act of the continual danger the traveling public is subjected about the ogden rain rati oad road depot and aad in kneir we earnestly to the c ly 13 lui of the question liou of whether the charter does afford some ilowe remedy tor lor the abatu ment of the dangerous nuisance to which on a former occasion we have called the attention of the court and public iu in the matter ot of examination of charges concerning persons charged with public offenses fenaes of the grand jury reports that it has found twenty six indictments against offenders against the laws of the anitad states and sixteen 16 indictments tor for offenses against territorial laws and has also hid had under consideration and ignored a large number of other charges in the matter of investigations for offenses against the laws of the united states respecting polygamy aud and unlawful cohabitation the grand jur jury y desires to say as being particularly applicable to the condition here what was recently reported by the grand jury of the third district court of idaho territory I 1 I 1 we beg leave to state that we find a condition of affairs in the several counties of this thia district which has been a surprise to the members of the grand jury poil polygamous amous marri marriages ageo and baies cases of unlawful unlawful Tul cohabitation are much more prevalent than we had good reason to suppose we are confident we could go on piling up indictments ments ja in this class of cases almost indefinitely only tor for lack of time and funds in the hands of the united states marshal to pay for sending officers out for witnesses we find also that there ther therease eare are numerous cases all through the district of men dodging the officers and that it is the general practice among members of the mormon church especially to use every endeavor to prevent the sub aing of witnesses in the class of cases above mentioned and also 0 o e prevent the arrest of persons charged with these offenses we are also of the opinion 0 from the tafe developments and evidence before us that there is a conter concerted ted action on the part of the sect above mentioned especially to prevent either the court or the jurors from getting proper testimony in polygamy or cohabitation cases and that perjury and intimidation ot w witnesses it are being advocated and advis advised eft by the teachers of the sect aforesaid and in some cases as we believe actually perpetrated and in all with scarcely an exception we find members ot of this sect uncil unwilling ing witnesses 11 continuing this the grand jurode jury desire kireto to aay that no matter what difficulties may be thrown in the way of those whose duty it is 18 to see that the laws of our country are enforced and obeyed ed they should never weary in that duty the grand jury further farther report that in accordance with the instructions we investigated the subject of the existence within the limits of ogden of houses of ill fame and after investigation we find that there are none of such places within the limits of ogden city the grand jury in conclusion desires to express their thanks to the ridge judge of this court for the many courtesies extended by him and also to say flay I 1 in n this public manner that the high co courage urage and public spirit which he has always manifested in the administration of the laws against offenders have been to the grand juries an example as well as encouragement to the performance of the duties which the laws have enjoined upon them it Is apparent to every law ing and abiding citizen in this community that the moral and social conditions are such that a merely perfunctory administration of the laws lawa by those whose duty it is to see that they are faithfully executed will never make the laws of the united states paramount in the community to do this there must not be any faltering with offenders on any pretense or consideration whatever it ils is a part of the current history of the community that the judge of this court is about to be superseded we can only express the nope hope that his successor will wili bring to his duties the same ability indu airy and moral courage that the present judge of this court has at all times shown in his career in that capacity and we also extend our thanks to the assistant District Attorney ot of this District Ogden hiles he has performed his bis duty duly before us with faithfulness honesty and efficiency and we coin commend mend him to all law abic abiding ting and upholding citizens the grand jurors further desire to express their appreciation of the efficiency which the marshals and bailiffs of tile the court have shown in the performance for mance of the laborious laU orious duties of their offices under circumstances of great difficulty hereinbefore herein belore mentioned W J WOOD foreman grand jury OGDEN UTAH july 1886 the judge then finding there was no necessity for keep keeping in tile the grand j jury ury in session discharged them he delivered an address in which lie he congratulated and complimented them on ci their fidelity in the performance of their duties while they remained ned intact as an inquisitorial body assuring them thein that the day will come when the people of utah the especially will learn that they like the I 1 icat est of the people of this great nation inest honor and obey the laws every man must do it no matter who he be is or to religious or other body he may inay belon belong 9 to whether it be to the MORMON HURCH or to any other religious sect his honor seemed to take considerable satisfaction in giving givin the kick at this mormons cormons Mor mons before ne is relegated to realms of insignificance as hi hia ingli inglorious course in this territory Is isi nea neat ing its termination he goes east on saturday and probably will never ro re turn to the fair valleys of utah well it can be said of him as the said in a toast of the governor of a certain state he came into office mid much opposition but bat he be goes out without any at all at 2 p ni judge zane called upon greenwell to stand up which he did while the large audience held their breath seemingly to listen to the sentence as it was pronounced the judge consumed some sometime time in reading to tile the defendant a homily on the perils of false swearing and denounced in unmeasured terms the crime of which lie he had bad been convicted reminding him that when before the grand jury he be was sworn to tell the truth the whole truth and nothing but the truth greenwell interrupted the court and insisted that he had told the truth but that somebody else had done some false swearing r at the close of the remarks the court said 1 I will make an example of you and sentenced him to FIVE YEARS imprisonment 6 in the penitentiary and to pay the cost of the prosecution of the scandalous suit the severity of the sentence created quite 4 a sensation in all or nearly all who heard it as it was thought by many that he would not receive to exceed two years and some thought possibly the sentence would be suspended greenwell seemed considerably sider ably moved when be heard his fate lie did not believe it would be bo severe he is 27 3 ears of age has had a diferd wife and several children I 1 expect ne wi will be taken to the pen this evening there is a variety of feelings on the matter many blany regret that he be has been sentenced for so many years while others express kneir satisfaction at it if still others again say the court has been too lenik lenient nt and that he be ought to have had more WEBRE OGDEN CITY utah july 1886 editor deseret news the excitement which prevailed here before during and for a little while after the trial of the recent scandal case has abated and the tone of tie the people would soon resume its normal cond condition iticia but one of the parties who figured conspicuously in the affair now V poses oses AS A MARTYR and is trying to make political capital out of it tor for himself in this attempt however he will be a lailure ile he expects shortly to return to Michigan and is paving the way or trying to pave the way for an open arm reception when he reaches there he would have the world believe that he is tile victim of a conspiracy of the me mormon church chuich to destroy nis bis reputation this however is upon the surface so transparent that all who have investigated tile the matter will only laugh at the dutile attempt to fasten his failure and misfortunes here on the mormon leaders or people the rhe weather her here has moderated although it is 18 very warm during the day it is oot dot so hot as it has been the heat is not so suffocating and we can sleep better and sounder at night in the evenings and mornings we now have some refreshing BREEZES from the mountains or from the casioa which by comparison renders the weather at those times delightful the harvest is right hue here and the harvesters harve deis are busy in the farm and fields gu gathering the golden grain and hay the yields of chichin chin some places are much better than it was expected a while ago they would be it was also thought that the price of wheat would be high this season but no akis its is still down and some persons who have been trying to negotiate sales for new wheat nave have not yet found a market for it if they will 1 wait a little longer I 1 believe they will find an outlet lor for it the shipment of early potatoes has begun and I 1 believe there will be ready sale for the utah tuber as there ever lias has been heretofore it was bondly hoped earlier in the season that THE CODLING MOTH had become pon non est but this hope has vanished in thin air the ground beneath the apple trees is covered with the windfalls wind falls which when cut open are aie sure to be worm eaten still much of this fruit is sound and there will be as many of them as can be taken care of some of the early crops have been placed on the market and found ready sale of the crops generally I 1 will not stop to speak now but bat will reserve it for a general letter on tuesday a report was rife here that A SHOOTING AFFAIR had occurred the night previous at terrace at which one of the young men of ogden had become a victim and was more moie or less hurt huit but not hot fatally the particulars however could not be ascertained until today to day clay the young nian maa above referred to is daniel thomson the son of the late alderman W thomson of this city ile he was raised iri in this place some borne time lime ago he went to promontory where he was employed by the central pacific railroad company as a car inspector more recently however he has been working at terrace at the same business on monday evening in company with some acquaintances lie he was returning from ang a practise at BALL SHOOTING he called at the saloon of also was former formerly lyof of this place ad whose relatives still reside here elijah reid who formerly resided at north odgen was in the saloon he had been drinking most of the day and had bad become quarrelsome although parry refused him any |
