Jabez G. Sutherland's letter to John W. Christian on why Judd hesitated to dismiss the indictment against John S. Higbee.

Feb 5, 1896
Jabez G. Sutherland

Jabez G. Sutherland, Letter to John W. Christian, February 5, 1896. David H. Morris Collection, Church History Library, as found in BYU Studies 47, no. 3 (2008):135

Jabez G. Sutherland
Jabez G. Sutherland, John S. Higbee, John W. Judd, John W. Christian
John W. Christian

My Dear Sir:--You have been employed to procure dismissal of the indictment against John M. Higbee. I am employed too for the same purpose. I obtained from Judge Judd the enclosed letter which explains why he did not dismiss the case, nor bring it to trial. He shows reasons for not trying it—that he could not convict. When the prosecuting officer reaches such a conclusion, it follows as a legal consequence, that the prosecution should be dismissed. No requisition was ever obtained to bring Higbee as a fugitive from Arizona. 20 years ago a proposition was made to the District Co. at Beaver that Higbee and some others would voluntarily appear if the Court would fix an early day for trial. The Court would not entertain it, and actually punished the Attorney for contempt who proposed it. Baty was the Atty. punished, and I paid the fine of $50. myself. The prosecution ought to be dismissed for this long neglect, and now especially since the District Attorney says there is no probability of convicting; and it is against public policy to attempt it. Please show this letter to Judge Higgins; and also Judge Judd's letter. Higbee was never guilty as I know from talking personally with him. But for many years there was such popular prejudice over that massacre that he would not have had a fair trial. My idea is that Higbee is entitled to have a trial and to be personally vindicated by an acquittal. As his son and the friends of the accused are content with a dismissal, that order ought to be made.

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