Petition for Indicted. Bonds for bail are discussed. Any outstanding arrest warrants moved to be cancelled.

Feb 24, 1875
Speech / Court Transcript
Jabez G. Sutherland
Scribed Verbatim

Petition for Indicted, February 2, 1875 in The Deseret Evening News 8 no. 79 (February 24, 1875): 2

Deseret Evening News
Isaac Higbee, George Clinton Bates, George Washington Adair, Jr., Jabez G. Sutherland, Jacob S. Boreman, Isaac C. Haight
Reading Public

Territory of Utah,} Second Judicial District,} County of Beaver.} To the Hon.,-Boreman, Associate Justice of the Supreme Court of the Territory of Utah and presiding Judge of the Second Judicial District aforesaid. Petition of I. [John M.] Higbee, I.C. Haight, Wm. Stewart, Edward Eldon [Ellot Willden] and Samuel Duke [Jewkes], all citizens of the Territory aforesaid, and Geo. W. Adair: Respectfully showeth unto the Court that they, and each of them are separately indicted for murder committed at the Mountain Meadows, September 16th 1857, as they believe and are advised—that the Constitution of the United States guarantees them a speedy trial by a jury of the vicinage, and to be confronted with the witnesses against them in the District where the offence was committed; that these defendants and each of them, are now ready for trial on said indictments, and will promptly appear in said Court for trial in accordance with law, whenever the Court is ready to proceed to the trial thereof. These defendants further say that they have families dependent upon them ofr their support, and that to be imprisoned in a military prison, or in a penitentiary, while the law presumes them to be innocent, would not only leave their families to suffer, but deprive them of the proper means of preparing for their defense; and for this reason along they have left the Territory of Utah, and concealed themselves from the officers thereof. But these defendants, each for himself, now proffers—through their counsel, Sutherland & Bates—to appear in court and give bonds in any reasonable sum, to be fixed by the Court, for their prompt voluntary appearance at its next term, for trial at that time; that they will not depart therefrom without the consent of the Court; for they will stand to, abide by and perform all orders, judgements and decrees then and there made against them is the premises, and that they will not depart without leave of the Court. That by this voluntary surrender now here proffered, all costs and expenses of their capture and arrest will be saved to the Territory and the ends of justice subserved by their attendance for trial, which they and each of them solemnly aver they are ready for. Wherefore these petitioners pray that your Honor will fix the amount of bail to be given by them and each of them for their voluntary surrender for trial at the next term of this court, and that in giving such bonds, to be approved by said Court, that the Court will order that no warrant of arrest shall be issued against them or either of them, or if now issued that the same shall be forthwith revoked on the completion of said bond or recognizance. And your oraters will ever pray. Territory of Utah,} Salt Lake County.} ss. Geo. C. Bates, being duly sworn, saith that he hath heard the foregoing petition and knows the contents thereof, that the same is true of his own knowledge, except as to the matters and things stated to be on information and belief, and as to those he believes to be true; that the reason why this affidavit is not made by the petitioners, is that they are out of this Territory, beyond its jurisdiction. Geo. C. Bates. Sworn to and subscribed before me this 2nd day of February, 1875. J.H. Beadle, Clerk of the Supreme Court of Utah Territory. Salt Lake City, Utah,} Fe. 5th 1875.} Hon. Mr. Boreman. Associate Justice: Dear Sir—We herewith hand you for consideration a Petition which tells its own story: We are prepared and now offer to give bonds in $10,000 each for the prompt voluntary appearance of each of the defendants whenever they are needed for trial, and thus save all the expenses of the capture and return here. They are ready for trial to-day, but will not come and go to prison for months and months, waiting trial. Should you consent to the order, we will come to Beaver forthwith and give the bonds. The statute forbidding bail has nothing to do with the matter. We propose to give bonds for our voluntary appearance, that is all. Yours, Sutherland & Bates. Territory of Utah,} Beaver County.}ss. In the Second Judicial District of the Territory of Utah, in Beaver County. On reading and hearing the foregoing petition, the defendants, and each of them, by their counsel, Sutherland & Bates, move the Court to fix the amount of bonds to be given, for their free and voluntary surrender at the next term of this court, for trial on the indictment against them, and that on the execution and approval of such bonds by this Court, than an order be entered in each case that no warrant of arrest shall be issued thereafter, and if warrants are already issued, they shall be revoked and canceled. Sutherland & Bates, Counsellors for Petitioners. February 5th, 1875

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