Article in Salt Lake Tribune admitting the first trial failed due to the prosecutors' "utter neglect of the business" and "disgraceful lethargy."

May 12, 1876
The Salt Lake Tribune

"Released on Bail," Salt Lake Daily Tribune 11, no. 23 (May 12, 1876): 2

The Salt Lake Tribune
The Salt Lake Tribune, William H. Dame, Jacob S. Boreman, John Doyle Lee
Reading Public

Judge Boreman, of the Second Judicial District, has admitted the Mountain Meadows assassins, Lee, Dame, and Adair to bail to appear at the September term of court. It seems somewhat anomalous that men charged with so heinous a crime should be turned loose upon society again to imbrue their hands with more innocent blood if their fanatical instincts should prompt them to offer up more victims, and we are not surprised to learn that considerable feeling exists in Beaver, where the Court is held, that such action should have been taken. But how otherwise could his Honor act and perform his duty? Lee and Dame have been in confinement nearly a year and a half, and Adair has been held in custody six months. Except in the case of Lee, guilt has not been proved against them, and the Constitution guarantees to all such persons a speedy trial. After due notice given by the Court that unless very urgent, sufficient and convincing reasons were produced by the prosecution for failure to be ready when the cases were called, his Honor would discharge the prisoners, we find the Prosecuting Attorney totally indifferent about the matter, and no witnesses subpoenaed to be present to testify. with such an advantage placed in their hands, no wonder the prisoners' counsel were quite urgent in demanding that the trials should proceed, knowing that a failure to make out a case and the acquittal of their clients would be the results. Judge Boreman, under the circumstances, has done the very best he could. He has full understanding of the disgraceful lethargy which has seized upon the officers of justice in Utah, and also of the criminal indifference of the general government to avenging the blood of the victims treacherously slain at Mountain Meadows. It is true His Honor severely censured District Attorney Casey for his utter neglect of the business, and on general principles in condemning so totally worthless a man he could not go astray. But if Mr. had wished to do anything useful for his country we do not see how he could have succeeded. As we understand the matter, the U.S. Marshal is without funds to pay the heavy costs of the trials, and rather than have the honor of our Government again trailed in the dust by fobbing off witnesses, jurors and officers of the court with worthless vouchers, we would have these red-handed butchers not only discharged, but again serenaded by the Beaver city band, and publicly thanked that they had done their bloody work so well. Taking under consideration these serious difficulties, Judge Boreman modified his original intent of discharging the prisoners, and released them till the next term of court on bail. And we fully expect this is the last we shall hear of these much talked of Mountain Meadows prosecutions.

BHR Staff Commentary

The Salt Lake Daily Tribune admitting that the first trial failed due to the prosecutors' "utter neglect of the business" and "disgraceful lethargy."

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