J.S. Black, in letter to Alexander Wilson, writes that Judge John Cradlebaugh, grasping for prosecutorial power, would not give Wilson the warrants for execution.
Alexander Wilson, Letter to J. S. Black, November 15, 1859, 36th Cong., 1st sess., S. Exec. Doc. 32, serial 1031, 41–42
On the 6th of August, I suggested to the United States Marshal to appoint John Kay, the territorial marshal, his deputy to go into the southern part of the Territory, and endeavor to make arrests in the Mountain Meadow massacre. Kay was a Mormon, had a knowledge of the country and of the people, and expressed a determination, if legally deputized, to make arrests if possible. The marshal declined to appoint Kay his deputy, on the ground that he was a Morman. Having received no information of what had been done, either by the judge or the marshal, on the 18th of August I wrote a letter to the marshal, of which the following is a copy: "Great Salt Lake City August 18, 1859 Sir: Will you please inform me of the names of the persons for whom a warrant or warrants of arrests were issued by Judge Cradlebaugh in the matter of the Mountain Meadow massacre, and when said warrants were put into your hands. And also please inform me whether you have made any arrests, and have the parties named in said warrants before the district court for the first judicial district, appointed to commence at Nephi on Monday next, 22d instant. Very truly yours, &c., Alexander Wilson Attorney of United States for the Territory of Utah. Peter K. Dotson, Esq., United States Marshal, Utah Territory."