New York Times reports on the discharging of the jury and defendants during the first trial.

Date
Apr 27, 1859
Type
News (traditional)
Source
New York Times
Non-LDS
Hearsay
Direct
Journalism
Reference

"Gov. Cumming Siding with the Mormons," New York Daily Herald, April 27, 1859, 7

Scribe/Publisher
New York Times
People
Alfred Cumming, John Cradlebaugh, New York Times, Albert Sidney Johnston, John Doyle Lee
Audience
Reading Public
Transcription

The Overland California mail of the 4th April arrived to-day, having made the trip in twenty-one days eight hours, the quickest trip yet. Advices from Utah represent the affairs in that Territory as worse than they have ever been, either before or since the arrival of the Army there. The ill feeling had reached its culminating point, and the people were on the eve of open hostilities. Differences also exist between Governor CUMMING and General JOHNSTON touching their respective powers; and there is likewise an open rupture between the Executive and the Judiciary. The Federal Courts find it impossible to exercise their functions, the Grand Jury refusing to find bills, and using every other means to screen parties accused of murder and other crimes. Judge CRADLEBAUGH had discharged the jury, and had been compelled to discharge, also, all the prisoners in custody. On the occasion of the discharge of the juries, the Judge charged the Mormons with having obstructed the officers of the Court, suppressed testimony, and refused to make provision for the confinement and maintenance of the prisoners for the confinement and maintenance of prisoners. Owing to the excited state of the popular feeling, a detachment of one thousand troops had moved from Camp Floyd, and encamped near Provo. Governor CUMMING had issued a proclamation, taking part with the Mormon sentiment. It is not stated whether he had demanded the withdrawal of the troops from Provo, but his actions had laid him open to the charge of complicity with the Mormon theocracy. Much bad feeling also existed between the Mormon and United States troops, though these of the latter, who are stationed at Provo, had behaved with remarkable forbearance. A collision, however between the two parties, was considered imminent. A series of letters published in the Salt Lake Valley Tan, giving the proceedings of Judge CRADLEBOUGH'S Court at Provo, explain to some extent th difficulties and disturbances in the Territory. The misunderstanding between Governor CUMMING and General JOHNSTON seems to have grown out of a refusal of the latter to withdraw the troops from Provo, which had been sent there under a requisition of the Court to protect witnesses. Judge CRADLEBOUGH passed severe strictures on Governor CUMMING's proclamation, which has not been received here, characterizing it as informal, as evidently designed to exasperate the people against the troops, to obstruct the course of justice, and to excite insubordination in the army. He also says that instead of the presence of the troops tending to terrify the inhabitants and to intimidate witnesses; the jurors and parties testifying in behalf of the prosecution have been compelled to seek the protection of the troops against the threats and intimidations of the very inhabitants, said to be so terrified. Judge CRADLEBAUGH, who was sitting merely as a committing magistrate, would go to Camp Floyd the following week to continue the investigations; the testimony elicited implicating several Bishops and Presidents, civil authorities of the Territory, in murders at various times, all of whom fled to escape arrest. Four Grand Jurors, discharged by CRADLEBAUGH, had also fled. Cedar City and several other towns in the vicinity of the Mountain Meadows massacre are almost depopulated. It is also stated that the Indians, about a thousand strong, headed by white men had mustered in that neighborhood, who express a determination to prevent the arrest of any one in that reaction. Judge CRADLEBAUGH emphatically denies that the Grand Jury protested against their discharge, as stated by the Deseret News.

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