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The Valley Tan...................................................................................................................1
Federal Courts in Utah February 08, 1859..........................................................3
15 February 1859.......................................................................................................6
Second Judicial District Court March 12, 1859......................................................6
Second Judicial District Court March 22, 1859....................................................12
The Valley Tan 29 March, 1859...........................................................................16
The Valley Tan, 29 March 1859, 1/12...............................................................17
Second Judicial District Court...................................................................................19
The Valley Tan April 5, 1859...................................................................................24
The Valley Tan, G.S.L. City, April 5, 1859................................................................28
BY ALFRED CUMMING,......................................................................................31
GOVERNOR, UTAH TERRITORY.......................................................................31
A PROCLAMATION..................................................................................................31
DISCHARGE OF THE GRAND JURY.....................................................................32
SECOND JUDICIAL DISTRICT COURT.................................................................37
The Valley Tan April 12 ,1859.................................................................................43
Incident in Court at Provo Another Victim for the Danites, or Destroying
T.S. WILLIAMS LETTER TO THE EDITOR...........................................................46
The Valley Tan April 19, 1859.................................................................................47
THE PARRISH MURDER..........................................................................................47
TESTIMONY OF MRS. ALVIRA PARRISH.........................................................47
TESTIMONY OF ORRIN E. PARRISH.................................................................49
THE FARCE OF A COURT OF INQUIRY.......................................................52
REPORT OF THE COURT OF INQUIRY,............................................................52
AFFIDAVIT OF JOSEPH BATHOLOMEW..............................................................53
Confession of Abraham Durfee................................................................................57
TESTIMONY OF THOMAS OBANNION.............................................................61
TESTIMONY OF ---- PHILLIPS................................................................................61
AFFIDAVIT OF ZEPHANIAH J. WARREN............................................................62
AFFIDAVIT OF ALVA A. WARREN.........................................................................64
MURDER OF HENRY JONES AND HIS MOTHER..........................................67

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History of the Danite Organization......................................................................73
Valley Tan 1:26, 26 April 1859....................................................................................81
John I. Ginn Letters.................................................................................................81
The Valley Tan May 10, 1859..................................................................................82
Affairs in this Territory, The Valley Tan, 10 May 1859.....................................82
Affairs in this Territory, The Valley Tan, 10 May 1859, 2/12.........................84
The Man for the Emergency, The Valley Tan, 10 May 1859.............................89
The Valley Tan, 17 May 1859.................................................................................90
A Retrospect and Valedictory, The Valley Tan, 17 May 1859, 2/12..............90
The Valley Tan May 24, 1859..................................................................................93
BY THE LATEST EASTERN MAIL, The Valley Tan, 24 May 1859...............93
Prospective Troubles with the Mormons, The Valley Tan, 24 May 1859.
[Correspondence of the Missouri Republican]...................................................94
The Valley Tan June 22, 1859..................................................................................95
SUSPECTED OF SCHEMING MISCHIEF, The Valley Tan, 22 June 1859.....96
The Valley Tan June 29, 1859..................................................................................98
Terms for Holding U.S. Courts, The Valley Tan, 29 June 1859......................98
The Valley Tan July 27,1859....................................................................................99
The Valley Tan August 24, 1859.............................................................................99
Notice To California Emigrants and Citizens of Utah Territory, The Valley
Tan, 17 August 1859, 2/1......................................................................................103
The Valley Tan, 28 September 1859......................................................................103
The Valley Tan, 19 October 1859, 2/1...................................................................103
Another Murder, The Valley Tan, 19 October 1859, 2/23............................104
The Valley Tan, 22 February 1860,........................................................................104
From Baskin...........................................................................................................104
The Valley Tan February 22, 1860........................................................................105
Utah Affairs, The Valley Tan, 22 February 1860, 2/3.....................................105
The New York Times on Mormonism, The Valley Tan, 15 February 1860,
Law in Utah, The Valley Tan, 15 February 1860, 2/5 from the New York
Times, 7 January 1860............................................................................................107
The Valley Tan, 29 February 1860, 2/1.................................................................107
The Judiciary, The Valley Tan, 29 February 1860............................................107
The Principal and Most Important Facts...............................................................109
Statement of Wm. H. Rogers, The Valley Tan, 29 February 1860, 2/43/3.
George Sims to William C. Staines, 24 February 1862.....................................118

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J. M. Stewart to Editor of the Valley Tan, 4 July 1859, The Valley Tan, 24 August

Indian Intelligence, Valley Tan 1:1, 5 November 1858.

Dr. Forney, Superintendent of Indian affairs returned a few days since from a
visit among the Goose Creek and Humboldt Indians, where he was summoned
nearly two months ago in consequence of reported robbery of the U. S. Mail, and
other hostile demonstrations by the Indians in those regions. The Doctor reports
the Indians very numerous on the route, but quiet and apparently inoffensive,
and very destitute and degraded. We learn from Agent Hurt, and others, that our
recent difficulties with the Utahs residing on the Spanish Fork and Sanpete
reservations will most likely be amicably adjusted in a short time; they having
returned to the latter place, and manifested a disposition to come to terms.

We design making the future columns of the "Valley Tan," the medium of useful
information at all times; relative to the movements of the Indians within our
borders; and also to entertain our readers from time to time with such incidents
in the lives and habits of these creatures, as many appear interesting and

November 6, 1858

We had the pleasure of meeting yesterday Judge Cradlebaugh, of the second

judicial district court of the United States, in this Territory. It will be gratifying to
his friends to learn that his seven weeks tour upon the plains, has not in the least
impaired his health, although his trip to some extent was a hard one; and his
hands were frost bitten. Judge C., will enter upon the official discharge of his
duties as soon as possible. 2:4



We promised our readers to recur to this subject. In discussing it, it is
necessary to look, somewhat, into the record. Fortunately, the history of Utah and

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of the Mormon people does not run back beyond the memory of man. The story
of their emigration and settlement here, is contemporaneous with the history of
the present generation.
When this people took up their line of march, from the borders of the
Mississippi, they supposed they were bidding a long farewell to the jurisdiction
and authority of the United States; - that they were leaving its limits forever. They
directed steadily the eye of their faith to the establishment, somewhere towards
the setting sun, of an independent government of their own, to constitute the
Zion, where the Saints of the nations of the earth, should take up their abode.
They desired to establish a great central point, from which Mormon influence
should radiate, uncontrolled by any but Mormon authority, until through their
ecclesiastical machinery, of missions, emigration, and tithings, numbers swelled
the community into a nation, that could lift up the banner of Zion and bear it,
hopefully, if need be, against a world in arms. However preposterous this may
seem to practical minds, it was their ambition then. It is their ambition now, and
the initiated know it. Our treaty with Mexico vested the right to the soil in the
Federal Government; and thus ipso facto, remanded them to the jurisdiction from
which they fled. Congress organized the people into a territory and subjected
them to all the conditions which the organic act by its terms and in its
construction imposed. They received the favor so extended, and set their
government in motion. A territorial code has been carefully prepared, adopted,
and amended by such subsequent acts as their experience led them to suppose
were necessary. These constitute their statute-law. Now, let us enquire into the
Spirit which presided over all these governmental arrangements, and still holds
its seat in the Wittema-gemota.
The organic act conferred upon them qualified legislative power; and this was
in their own hands. They had appointed over them the Governor of their choice, -
all this was well.
The executive, however, retained the appointment of Federal judges selected,
as had been the practice in all other territories, from the country at large. Here
was a stumbling block in the way of exclusiveness. All the world beside the
Saints, they opprobriously call Gentiles, and here thought they was a gap through
which the devilish influence might creep in. They could not realize that they had
not received the investiture of sovereignty. The difficulty embarrassed them.
Independence had not then been declared in Cottonwood Kanyon. Happily,
however, an expedient presented itself; and the leaders betook themselves to the
Legislature, and by cunning contrivance sought to present the appearance of
observing the forms of an act, which they secretly hated, and the spirit of which
they shamefully violated.

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They omitted to provide means for defraying the expenses of Federal Courts,
in the exercise of territorial jurisdiction. They omitted to provide for the support
and safe-keeping of offenders against their penal code. They omitted to restrict
their territorial officers to the taxation of legal, ascertained costs, and opened the
pockets of both transient persons and residents to the arbitrary assessment of
irresponsible magistrates.
More than this, they marred their statute books with some glaring
discrepancies. They sought to confer upon their PROBATE COURTS concurrent
jurisdiction in civil and criminal cases arising under territorial laws, with the District
Courts of the United States.

There is a slight discrepancy between this provision and that clause of the
organic act which establishes the gradation of courts in this wise: The Judicial
power of said territory shall be vested in a Supreme Court, District Courts,
Probate Courts, and Justices of the peace. A Probate Court with a grand jury, and
a District Court with one, in session at the same time, each exercising concurrent
criminal jurisdiction, would seem to show an imperfection in the laws somewhere.
But suppose a Probate Judge should assume the power to discharge on habeas
corpus criminals indicted in a District Court, how glaring the imperfection would
To crown all, the Legislature proudly lifts up its head and declared the law of
treason against the territory, as if Utah were a sovereign State to which allegiance
was due. There is a slight discrepancy between this act and the laws of the United
States and the treaty of Guadalupe Hidalgo.
Thus leaving perfected the system so artfully contrived to make the operative
Judiciary correspond with the Executive and Legislature, the lawgivers, with
somewhat the ecstatic feeling that came over Newton when he discovered the
laws of planetary motion, point to their work and say, Who can object to that?
Are not the forms all there?
The Gentile Judges are invited in with their deceitful smicks and smiles, to
take their seats and mind their own business.

Wont you walk into my parlor,

Said the spider to the fly?
Tis the prettiest little parlor
That ever you did spy

But what of the Juries? This did not present much difficulty. We are not left to
deductions or conjecture on this point. Jedidiah M. Grant explains how this part

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of the business was managed, in his remarks delivered in the Tabernacle, on the
2d March, 1856, published in the Deseret News.
Jedidiah said, Last Sunday the President chastised some of the Apostles and
bishops who were on the grand jury. Did he fully succeed in clearing away the
fog which surrounded them, and in removing blindness from their eyes? No, for
they could go to their room and again disagree, though to their credit it must be
admitted that a brief explanation made them unanimous in their action.
Again, in the same connection, Jedidiah, speaking of a traverse jury, continues:
Several had got into the fog to suck and eat the filth of a Gentile Court,
OSTENSIBLY a court in Utah.
This is the language of one of the First presidency. Comment is unnecessary.
Brigham Young tampered with the juries of his country, and violated the majesty
of the laws, if he did this act? How dare he throw his ukase into a jury box? This is
magnifying the laws with a vengeance.
But some say, Why recur to these things let by-gones be by-gones. We
reply that we want to know whether this authority is not now claimed by the
President of the Church . We have an interest in knowing whether our lives and
property are at the mercy of a trinity? Who thus sap the foundations of civil
government. Has any recantation been made? Where? When?
In super-addition to all this, Courts have been violently interrupted in the
discharge of their duties, as the evidence in Fergusons case clearly proved.
Whether Ferguson committed the offence or not, it was committed, and the
fact is well known here. But Fergusons case we will not discuss in this relation.
He has been acquitted. Of that trial hereafter.
Finally all these acts and arrangements, converged to open undisguised treason
against the United States, and the crime was committed. Near the banks of Green
river, yet remain the sad and painful evidences of it. Time passed on. The people
were pardoned. The pardon was accepted; and by that acceptance, the guilt
It might have been reasonably supposed, that under such circumstances this people
would have manifested a proper sense of their relations to the Government, and properly
appreciated the act of grace which saved their necks from the halter.
Not so, however. They regarded it as simply an honorable adjustment of
difficulties between them and the Government, and like the "swelled toad"
thought the eyes of the universe were eagerly bent upon the observance of their
diplomatic achievement. All we have to say is that they mistake their case; and
they will find it out ere long.
In October last; for the first time since February, 1957, A United States District
Court was opened in this city by Judge Sinclair. His action was stated succinctly

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in our last number. At the time of his adjourning the Court, he had not been
notified of any remedial legislation, and did not consider it consistent with the
dignity of his position, to prostrate himself at the doors of the Legislative
Assembly, and pray that they would keep their plighted faith and comply with
the provisions of the organic act.

The Legislature, though, at the close of its session, did address Judge Sinclair a
letter, which and the answer to it, we have given to our readers. What was this
but form? In the name of common sense, what could they have done with the
report they demanded at the time of the demand? Nothing. It was a trick a
However, the lawgivers, as the laws published by authority inform us , have
legislated upon the subject of United States Courts. And such legislation!
We shall continue this subject and endeavor to dissect for our readers this
extraordinary legislation.

15 FEBRUARY 1859

(from Camp Floyd and the Mormons p. 142. Citation 7)

With the military occupation of Utah during the summer of 1858, there was a
brooding feeling that pressured for a full investigation of the massacre, but it was
not until the following winter that Judge Cradlebaugh launched the first official
inquiry into the mass murder. Yet long before that jurist gained any insight into
the matter, Kirk Anderson denounced the participants in the act as leprous
criminals who should be hauled before the bar of justice:

15 February 1859, 2:1.

Who did this damnable deed-the Indians? A strong suspicion rests upon the the
popular mind that white men, or at least those who claim to be white, were
interested in it, and if not actually participants, encouraged the massacre. This
wholesale murder must come to light, and we are glad to see that the Federal
officers are moving in the matter, and that there is at least some probability that
the parties, whether Indians or their adjuncts, Mormons, will be brought to


Provo, March 9, 1859

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Court met at 9 a.m. pursuant to adjournment.
Officers present, Hon. Alexander Wilson, Attorney; P.K. Dotson, Esq., Marshal;
A.V. Brookie, Deputy; L.M. Scovil, Clerk; Alexander Williams, Crier, and J.F.
Stone, Bailiff.
Clerk read the records of the proceedings of yesterday.
After a call for motions, and there being none, the Court adjourned to meet
again at 9 a.m. to-morrow.
March 10
Court met at 9 a.m. pursuant to adjournment.
Officers present as on yesterday.
Clerk read the proceedings of last meeting.
By request the names of the Attorneys present were enrolled and read.
Mr. Blair presented his commission as Attorney elected by the Legislature, for
the Territory, and asked the opinion of the Court, as to the extent of his duties, if
any, before the Grand Jury, claiming the power to summon a new Grand Jury, to
present crimes arising under the laws of the Territory. The Court was of the
opinion that the power to supplant one officer of the Court, implied the power to
supplant all, even to the Clerk; he would therefore take upon himself the
responsibility of coinciding in his opinion from one of his associates (Judge
Sinclair,) who had already decided the question after a full and free description
of its merits.
Clerk called the names of the Traverse Jury, who were dismissed till half past 2
oclock, p.m.
Thomas Clarkson, William Holliday, and William Marsden, applied for
naturalization papers, which were granted, and the oath of allegiance
administered to them by the Court.
Court then took a recess till 2 oclock p.m.

2 p.m.
The Court resumed its session. Mr. Wilson, reported that no bills of indictment
had as yet been found by the Grand Jury.
Henry Nelson, and Henry Roper, applied for naturalization papers, which
were granted, and the oath administered to them.
Court then adjourned to meet at 10 oclock a.m., to-morrow

March 11.
Court met at 10 a.m., pursuant to adjournment. Officers present as before.

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Clerk read the records of the proceedings on yesterday.
Mr. Stout presented the commission of John Kay, the newly elected Marshal of
the Territory, and asked that the same should be made a matter of record.
The Court could see no law requiring such a proceeding, yet he had no
objections to it being recorded.
George Carlisle applied for naturalization papers, which were granted, and
the oath of allegiance administered to him.
Court then took a recess.
2 p.m.
Court resumed its session.
Several bills of indictment were found by the Grand Jury.
The Court excused Wilber J. Earl from further services on the Grand Jury.
The case of Mose and Looking-glass was called up, and set for trial on
Monday next.
Court then adjourned till 10 a.m. to-morrow.
March 12.
Court met at 10 a.m., pursuant to adjournment.
Officers present as before.
Clerk read record of proceedings on yesterday.
Andrew J. Steward presented his license as a practicing lawyer, and asked to
be enrolled with the list of attorneys.
Frederick Giles and Thomas Farrer applied for naturalization papers, which
were granted, and the oath of allegiance administered to them.
Court then took a recess.
2 p.m.
Court resumed its session.
Mr. Mackintire and Henry Maiben applied for naturalization papers, which were
granted, and the oath of allegiance administered to them.
Court then adjourned to meet again on Monday next.
P.S. Quite an interesting correspondence occurred this morning between the
Mayor of Provo and Judge Cradlebaugh, a copy of which will be furnished the
Valley Tan.


Orally delivered by Hon. John Cradlebaugh to the Grand Jury, Provo, Tuesday, March 8,
1859, 11 a.m.

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I will say to you, Gentlemen of the Grand Jury, that, from what I learn, it has
been some time since a court, having judicial cognizance in your district, was
held. No person has been brought to punishment for some two years; and from
what I have learned I am satisfied that crime after crime has been committed.
There is no effectual way of stopping crime, no means has been found so
effectual and sure as the speedy punishment of the offender; therefore, so far as
you are concerned, and your community, it is a very important matter, if you
desire innocent and unoffending persons to be protected, that you vigilantly and
diligently prosecute all persons who are violators of the law.
I will, before I close the remarks that I intend to make, make mention of
certain crimes that have been committed. I will make mention of certain offences
that I am certain have been committed; vigilance is therefore necessary.
In consequence of the Legislature not having provided proper means, there is
not that aid given that is desires to enable the judiciary to prosecute its duties,
but I will say that the Legislature, in my opinion, have legislated to prevent the
judiciary from bringing such offenders to justice.
I believe that outside of this Territory, where they have a Legislature at all,
there is no place but what has a provision of law that persons found committing
crimes can be arrested, brought before tribunals, committed to prison and
detained until the court having jurisdiction can try them. Such provision does not
seem to be made here. There is no legislative enactment that seems to authorize a
justice of the peace to commit a person accused of crime to prison. I find that a
party may be arrested, brought before a justice of the peace and tried, if it is a
case that he has jurisdiction over, but if it is a crime or case that he cannot try,
there is a provision that he can be taken to the court having jurisdiction, and be
tried immediately.
From the nature of the District Courts, and they are the only courts having
criminal jurisdiction, they are designed to investigate and try all criminal cases,
but the officer has no authority to detain a person in his custody, but he is
immediately to take him before a court and try him. But a District Court cannot
always be in session. This legislation was perhaps to take away their criminal
jurisdiction; to prevent those cases getting into that court, which is the only court
that has jurisdiction.

They have provided the Probate Courts with criminal jurisdiction, and it would
seem that the whole machinery was made so that they should be brought before

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that court and tried, and the fact that there is no additional legislation to provide
for bringing them before this court proves that it was done to prevent.
I will say that the Probate Courts can have no criminal jurisdiction. Under the
Organic Act that court is confined. The Organic Act provides for Supreme,
District, and Probate Courts, and for justices of the peace. The Organic Act
operates upon the legislation of the Territory. The Legislature are bound by that
Organic Act, in their legislation. The Organic Act also says that these courts shall
be as limited by law; but it is not to be presumed, because it says that the
jurisdiction of these courts shall be as limited by law, that the Legislature shall
extend it. When the Organic Act says there shall be a Probate Court with certain
powers, it is not reasonable to suppose that the Legislature shall go and extend
those powers; they might as well give Probate jurisdiction to the District Courts
as to give criminal jurisdiction to the Probate Courts.
When the Organic Act says the jurisdiction of the Probate Court shall be as
limited by law, it means that they shall be, as it is understood, as limited by the
laws of the United States. It seems that the Legislature has vested them with
criminal jurisdiction to prevent the District Court from having nothing of this
kind to do. The reasons for this legislation it is not my object to speak of at
present. We say they have no power to do so.
The fact of a person having been before that court is no more bar to his coming
before this; it is no more bar than it would be if he had been brought before a
vigilance committee in California. Any person suing in that court, would be
liable in a civil action for damages.
I do this to impress upon you the necessity of the District Court carrying out
its jurisdiction and punishing criminals. At the last session of the Legislature I
understand that a code commission was appointed to revise the laws, and I hope
that they will take this subject into consideration, and will make such provision
as will enable the court to do its duty.
There is another general matter to which I wish to call your attention. There
has been another attempt to destroy this court, to destroy its usefulness, to bring
the judge and the business of the court into disrepute before the people, even to
bring the jurors into disrepute. There is no question about this; I read it in the
Deseret News, the organ of the church. In that the judges and the members of the
bar are abused in all kinds of language, in a manner that is calculated to injure
them before the people. And in that organ also the jurors are abused and spoken
of in language that is calculated to influence their minds. I say these things are in
that paper, the only one published at that time in the Territory, and I say it is
proper for me to mention these things.

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These things were enforced by one who was at that time the Governor, the
Excellency of the Territory. When you see a person of that kind who is bound to
enforce law, using language of that abusive character, the court thinks it is within
its province to repel such insinuations as they are cast upon it. So far as the
attorneys are concerned I feel compelled to say that such assertions as are there
made are not true.
With regard to the jurors who are selected from the community for their good
moral character, I say it is proper for you to disregard all outside influences. I
understand that the person who was then the Executive had a suit in the court,
and because he could not get the control of the minds of the jurors he made those
remarks. I speak of it because it was an effort which was made to bring an
influence to destroy the independence of the jurors, and to destroy the efficiency
of the court. These having been made to destroy your efficiency, you should
manifest that you are not to be governed by these outside influences and are
brought to bear and operate upon the minds of the community.
I said to you in the outset that a great number of cases had come to my
knowledge of crimes having been committed through the country, and I shall
take the liberty of naming a few of them. The persons committing those offences
have not been prosecuted, the reasons why I cannot tell, but it strikes me that
those outside influences have prevented it. If you do your duty you will not
neglect to inquire into those matters, or allow the offenders to go unpunished. I
may mention the Mountain Meadow murder, where a whole train was cut off,
except a few children who were too young to give evidence in court. It has been
claimed that this offence was committed by Indians, but there is evidence that
there were others who were engaged in it besides.
When the Indians commit crimes they are not so discriminate as to save
children; they are not so particular as to save the children and kill the rest. I say
you may look at all the crimes that have been committed in the Western country
by the Indians, and there is no case where they have been so careful as to save the
innocent children. But if this is not enough, we have evidence to prove that there
were others there engaged in it.
A large body of persons leaving Cedar City, armed, and after getting away
were organized, and went and returned with the spoil. Now there are persons
who know that there were others engaged in the crime; I brought a young man
with me who saw persons go out in wagons with arms, others on horseback,
were away a day or two, and came back with the spoil. The Indians complain
that in the distribution of property they did not get their share, they seem to
think that the parties engaged with them kept the best and gave them the worst.
The chief there (Kanosh) is equally amenable to the law and liable to be

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punished., and I suppose it is well known that he was engaged in assisting to
exterminate the hundred persons that were in the train. I might name to you
persons that were there; a great number of them I have had named to me. And
yet notwithstanding this crime has been committed, there has been no effort
made to punish those individuals. I say then, gentlemen, it is your duty to look
after that, and if it is a fact that they have been guilty of that offence, indict them,
send for them and have them brought before this court.
I might bring your attention to another case, near here, at Springville; that is
the case of the Parrishes and Potter. Springville is a village of several hundred
inhabitants. There is one young man whom it was intended to kill. He ran to his
uncles and was followed to his uncles house. Here are three persons killed, and
the criminal goes unpunished.
There can be no doubt but by the testimony of young Parrish that you will be
able to identify those persons who were connected with it. He can tell you who
was engaged in it, and who followed him to the house of his uncle. Here are
three persons who were butchered in a most inhuman manner, and the offenders
have not been brought to justice. This is sufficient to show that there has been an
effort to cover up instead of to bring to light and punish.
At the same place there was another person killed, Henry Fobbs, who came in
from California and was going to the States, but got in here when the difficulties
arose between this community and the General Government, and was detained.
When Henry Fobbs was here, he made his home at Partial Terrys, staid there a
few weeks; during that time his horse and revolver were stolen; he made his
escape, tried to get to Bridger, was caught, brought back and murdered; and that
is the last of Henry Fobbs. No investigation has been made; his body has been
removed several times, so that now, perhaps, it could not be found. Shortly
afterwards his horse was traded off by Terry. Here is a man said to be killed by
the Indians, and then his horse is taken by Mr. Terry and traded for sheep. It
seems to me that these are matters that you ought to investigate. Fobbs, I believe,
lived in the State of Illinois; he had a wife and children and was very anxious to
get back; and I suppose his wife is still anxious about him; but as to what has
become of him she cannot tell. I say this case ought to come under your notice
and be investigated, and the offenders punished; dont let them go unpunished.
Then there was Henry Jones that was murdered up here; I believe he was first
castrated up in the city, then went to Payson, was chased to Pond Town and was
shot there. It is said he committed some offence. But if persons do commit
offences, the public have no right to take the law into their own hands; they have
no right to take persons and punish them. I understand that he was castrated;

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that he came down here, that he was killed, and the house in which he and his
mother had lived was pulled down.
There is another matter to which I wish to call your attention. A few days
before the matter of the murder of the Parrishes and Potter, the stable of Parrish
was broken into and his carriage and horses were taken out; this was done in the
night. These horses have never been returned. That woman, the wife of Mr.
Parrish, told me that, since then, at times, she had lived on bread and water, and
still there are persons in this community riding about with those horses. Mr.
Lysander Gee has those horses; he says that a few days after they were stolen
they were given to him, and that he was directed to give them to no person
Now it is a strange kind of matter that persons should go to the Parrishs,
break open his stable and rob him, and then take the horses to Mr. Lysander Gee
and tell him to keep them. It does not look reasonable. It would look more
reasonable to suppose that Mr. Lysander Gee was engaged in it himself, and it is
an outrageous thing that this woman, one of whose children was killed with her
husband, has been obliged to live in the very dregs of poverty. I say bring that
man up and compel him to give the property back to her, and do not allow her to
live in poverty while others are riding about the country here with her husbands
Young Mr. Parrish is here, if the grand jury desire to have him they can use
him as a witness.
It is not pleasant to talk about these things, but the crimes have been
committed, and if you desire you can investigate them. My desire is that the
responsibility shall be with the grand jury and not with the court; all the
responsibility shall be with you, and the question is with you whether you will
bring those persons to trial.
I have hereby named those few things; there has been a great deal of crime
committed, and there is a way to punish those who have committed them.
I hear every day of cases of larceny, and an office is now after a number who
are engaged in committing depredation. A great many cases have been
committed near Camp Floyd, such as I shall call the attention of the Territorial
Attorney to, such as buying soldiers clothes. Unless you faithfully discharge your
duty, I cannot see how you are to escape from the influence of these cases of
larceny that have been committed. I therefore present these for the purpose of
having you promptly discharge your duty.
When you retire you will elect your clerk; and if it is the desire of the court to
expedite business, you will therefore be permitted to meet upon your own

3/10/17 Page 14
adjournment. If time is required, the court will adjourn from time to time to give
it to you.
To allow these things to pass over gives a color as if they were done by
authority. The very fact of such a case as that of the Mountain Meadows shows
that there was some person high in the estimation of the people, and it was done
by that authority; and this case of the Parrishes shows the same, and unless you
do your duty, such will be the view that will be taken of it.
You can know no law but the laws of the United States and the laws you have
here. No person can commit crimes and say they are authorized by higher
authorities, and if they have any such notions they will have to dispel them.
I saw something said in that paper of some higher law. It is, perhaps, not
proper to mention that, but such teachings will have their influence upon the
public mind.
Gentlemen, I have nothing further to say to you. The Marshal will find you a
room, and the court will afford you every facility in its power. The District
Attorney will be with you, and the court will not object to his being present at the
examination of witnesses, but it will afford you all the aid that may be required
by you.


Provo, March 14, 1859.

Court met at 10 oclock a.m., pursuant to adjournment.
Officers present as before.
Clerk read the record of the proceedings on Saturday.
L.J. Nutal applied for naturalization papers, which were granted, and the oath
of allegiance administered to him.
The case of Mose and Looking Glass, was called and postponed till to-morrow.
Quite a number of witnesses were called and sworn, to testify before the
Grand Jury.
Court then took a recess.

4 p.m.
Session resumed, to receive the report of the Grand Jury, and then adjourned
to 10 a.m. tomorrow.

March 15

3/10/17 Page 15
Court met at 10 a.m., pursuant to adjournment.
Officers present at before.
Clerk read records of proceedings yesterdays.
Court relieved the traverse Jury, from further attendance on the Court, till
Monday the 21st.
A large number of persons applied, and received their naturalization papers.
(note according to the records at the Utah State Archives, 148 naturalizations
took place on March 15).
Court then took a recess.

2 p.m.
Court resumed its Session, and after naturalizing a number of persons,
adjourned to meet at 10 a.m., to-morrow.

March 16.
Court met at 10 a.m., pursuant to adjournment.
Officers present as before.
Clerk read the proceedings of yesterday.
After a call for motions, and there being none, the Court took a recess.

3 p.m.
Court resumed its session.
A number of persons applied for naturalization papers.
Court adjourned to meet at 10 a.m., tomorrow.

March 17.
Court met at 10 a.m., pursuant to adjournment.
Officers present as before.
Clerk read records of proceedings yesterday.
Mr. Minor, filed a petition to enjoin an execution against E.D. Jones, on a
judgment rendered in the 3rd District.
Court over-ruled the petition.
Mr. Minor, presented the application of several persons for naturalization.
By permission of the Court, T.S. Williams, has been engaged for the last three
days, interrogating such applicants, and their witnesses, touching their conduct
towards the United States troops, and other citizens during the rebellion, but
thus far no facts calculated to criminate any one, have been elicited.
It is truly astonishing to witness with what facility any admissions on this
point are evaded.

3/10/17 Page 16
No indictments for the murder of the Parrishes, Forbes, Jones, or the Mountain
Meadow affair, have as yet been reported by the Grand Jury, and what that
tribunal is driving at, is of course unknown.
It is rumored about this morning, that Mrs. Parrish has been bought off.
A second memorial by the Mayor and Common Council, has been presented
to the Court, asking the removal of the troops, from the City; alleging their
improper conduct, and the necessity of having to double the Police force, to
prevent indignant citizens from destroying them, as a reason for this request.
Court took a recess.
3 p.m.
Court resumed its Session, but there being no business on the Docket, Court
adjourned to meet at 10 a.m., to-morrow.

March 18.
Court met at 10 a.m., pursuant to adjournment.
Officers present as before.
Clerk read the record of proceedings yesterday.
Court, after requesting the Grand Jury to be brought into his presence, gave
them further instructions as to the discharge of their duties, and then took a
Three men, viz: B.K. Bullock, A.F. McDonald, and --- Carnes, were arrested
this evening, and placed under guard on the complaint of Mrs. E. L. Parrish, for
the murder of her husband and son. Mr. Bullock, however is at large on the
responsibility of the Marshal. The circumstance of the arrest created some
excitement, but all became quiet in a little time.
The Grand Jury have had the testimony of Mrs. Parrish, and her son, and
several other persons before them for the last three days and have been unable to
make a presentment. The cause of this tedious delay is not yet understood, when
even outside testimony is strong enough to force conviction upon the mind of
almost any one.
The Court has placed writs in the hands of the Marshal for the arrest of others
who are implicated in this atrocious crime. But as yet they have not been found.
The Court has no doubt became impatient with the dilatory action of the
Grand Jury, and has resolved to take these initiatory steps, hoping that it may
arouse them to a sense of their duties.
This will no doubt form a pretext for charging the Court with an inordinate
desire to inflict punishment; they have already admonished him in one of their
petitions for the removal of the troops, that Caesar became a tyrant, and perhaps
he may reasonable expect to be next informed that, this same Caesar had his

3/10/17 Page 17
Brutus. But what does this signify? Neither the blood of Caesar, nor the life of
Brutus, could restore the virtue of the Republic.


A rumor predicated upon a paragraph in some of the California papers that

the President was going to remove Judge Sinclair, is going the rounds of this City,
and the Saints are greatly elated thereat. They might as well save their joy, for we
apprehend this rumor is only the silly conceit of some correspondent. It is true
they would like very much to see both Judges, Sinclair and Cradlebaugh,
removed, for they have been fearless in the discharge of their duty, and done all
in their power to expose and bring to light the many dark and damning deeds
that have been committed in this Territory, the perpetrators of which have gone
unwhipped of justice. True, they have to a great extent failed, but the reason is
well known. Saintly Grand Juries have ignored bills, and Juries composed of
Saints, have refused to find verdicts. It is true, the United States courts are
powerless, but that is no reason why the courts should not be here, their presence
is required, if for no other reason than to assert the authority of the Government,
as flags indicate the character of the Ship, that this Territory does not belong to
this people, but to the Republic, even though its laws cannot be executed.
We farther apprehend that Mr. Buchanan, and his cabinet, are not prepared to
take any such step, for they have too much good sense and discretion, and know
well that the consequences would be too unpopular a principle, that all
Governments desire to avoid. It is not persons of the Judges in this Territory, that
are involved, they represent a principle, and one of great importance, and
peculiar interest to the people of the whole nation, and which if invaded, would
soon be made manifest in every town and village in the Union, without
destruction of party. We can assure our brethren, that the Administration are
not going to incorporate Mormonism into their policy, nor will the Democrat
party endorse it, and if ever they should become so crazy, we want to be counted
out; why, even the Black Republicans, whose piebald, black, green, speckled and
yellow platform, takes in all the isms, wouldnt touch it with a forty-foot pole, so
we would advise our dear brethren, not to hollow before they are out of the


PERSONAL. Major F. Dodge, the popular Indian agent in Carson Valley who
recently made this city a brief visit an official business, took his departure on

3/10/17 Page 18
Monday, in the California stage, for Carson Valley. Independent of our partiality
for him as a gentleman, we are glad to learn that as an officer he is most efficient,
and the press in the vicinity of his district are unanimous in his praise.


Below will be found a letter from Judge Cradlebaugh, in reference to his recent
charge to the Grand Jury at Provo, by which it will be seen that he repudiates the
report made of it in the Church Organ, and from which we copied it, being
doubtful at the same time of its correctness. The same organ, after obtaining
Judge Sinclairs charge, which was in writing, they published it in a false form,
and Judge Sinclair had occasion to denounce it from the bench.
We shall publish it as soon as it is written out in a correct form.

Provo City, 17th March, 1859

Kirk Anderson, Esq.,
Editor Valley Tan:
Sir: - I desire to state to the public through your columns that something
published in the Deseret News of the 16th inst., purporting to be a report of my
Charge to the Grand Jury of this district, delivered here on the 8 th inst., is
At my earliest convenience I will furnish you, for publication in your paper,
the substance of my charge. Upon that the public may rely, as embracing
truthfully what I did say.
Very Respectfully,


*** NOTE: There was another article that mentioned Cradlebaugh but I did not
copy it. I only got the last sentence - and rumor says that John Cradlebaugh
had occasion to take the Mayor to task. *******


The Valley Tan, 29 March 1859, 2/1.
G.S.L. City, March 27, 1859

3/10/17 Page 19
The Church Organ is very much exercised at the tithings in Provo, and
particularly, at the bold and manly stand, taken by Judge Cradlebaugh. His
remarks discharging the Grand Jury from farther (sic) service , and his answer to
the Mayor of Provo, in relation to the presence of the troops, is pronounced to be
unprecedented, and this was deemed of such importance, as for them to get up
an extra, but it did not show itself upon the streets for some reason or other (note:
the Bulletin mentioned that the Extra was sent out with the eastern mail before it
was released to the general public).
The two articles above referred to we extract and give in another column.
Several copies we understand were sent to the States, by Saturdays Mail,
doubtless with a view of forestalling public opinion; they are welcome to all the
capital they can make out of it.
Judge Cradlebaugh in his remarks releasing the Grand Jury, told some
wholesome truths; he approached his subject too with no velvet tongue; but with
all the force and power of [a] good old fashion Saxon.
We re-iterate what we have before asserted, and the proceedings at Provo
confirms it, that the Federal Courts in this Territory are powerless, let this go to
the States, aye! to the authorities at Washington, for it is true to the very letter,
and it can be shewn (sic), not only by the declarations of all the civil officers of
the Government, but by the testimony of hundreds beside; we will abide the
issue in this attempt of this people, to bring the Federal Courts, not only into
contempt here, but in the States, if a bold and fearless discharge of a sworn duty,
is to be the subject of complaint, let them make it, we know one thing, that
whenever Judges Cradlebaugh and Sinclair go under, that moment a nail is put
into the Coffin of the Administration, public sentiment will not tolerate it, but we
apprehend no such result. Both the judges are prepared to take the responsibility,
and if it should be deemed necessary vindicate their official action before the
authorities at Washington, and the public at large.
We make these remarks because it is notorious that there was a time here,
when Federal Judges were almost dragged from their seats and threatened with
violence; things are changed now, and we ask why? it is the presence of those
very troops, about whom they prate so loudly, that keeps them in restraint,
otherwise, there would be no telling what would be the fate of Judges
Cradlebaugh and Sinclair, although a shrewd guess could be made.
We put the question in all candor, throwing all prejudices aside, if this people
are loyal as they profess to be, and have accepted the Presidents pardon, as they
profess to have done, then why throw obstructions in the way of a faithful
execution of the laws? Why not unite in an honest endeavor to bring to justice the
numerous crimes that have been perpetrated in this Territory. Some of which are

3/10/17 Page 20
of the most revolting nature, as good citizens who desire the protection of life
and property, and the punishment of offenders should do?
What is the secret? Is there a fear of the veil being lifted, and thus present to
view a record that would startle the sensibilities of the whole Union? As Mark
Anthony said, over the butchered remains of a dead Caesar, whose gaping
wounds, like mouths, aroused the indignation of a Roman populace: We
pause for a reply, and we might add, we may pause in vain. The mystery is
locked up, and the keys are held by a power, that defies the searching scrutiny of
the Federal authorities.
Every days experience convinces us of the fact, that the Theocracy that
controls this Territory, and consequently the people, is as distinct and in feeling
as far separated from the Union, as the province of Canada, their official
declarations to the contrary notwithstanding. 1

THE VALLEY TAN, 29 MARCH 1859, 1/12.

A memorial, claiming to be from American citizens in Utah Territory, has been

presented to the Governor, praying for the withdrawal of the troops now
stationed at Provo, and requesting him to lay the subject before the proper
departments at Washington. We do not undertake to answer for his Excellency,
but we think that he is as much convinced as we are, that the civil and ministerial
officers attendant upon the Federal Courts are as powerless as the courts
themselves. What is the army here for but to aid the civil authorities in the
execution of their delicate and, so far, fruitless labors? What has create the
stampede in the neighborhood of Provo and some other parts? It is not the
appearance of the troops we undertake to say, but there was a more potent reason
than this; they saw in the person of Judge Cradlebaugh and his energetic
movements a determination to rip open hidden crimes that have slumbered for
years? Why so anxious to get away, and so repugnant to testify, when the bones
of murdered men, women, and children at the Mountain Meadows bleach the
Valley, and their flesh fattened the wolves? If it was the Indians, as has been
confidently asserted, or any body else, Mormon, Jew, or Gentile, humanity and
justice demands the utmost rigors of the law that justice can administer. These
are our sentiments; and all good citizens, no matter of what creed or persuasion,
will join with us in the opinion that it is correct.

The Valley Tan, 29 March 1859, 2:1.

3/10/17 Page 21

In the memorial sent to Gov. Cumming, professing to be signed by many

American citizens, for the removal of the troops, we are informed that the
name of every woman and little child is attached, even the names of babies are
put down, and there is no telling how many fictitious ones. As to American
citizens, they have been naturalizing very fast, more than two hundred have
taken out their papers, or declared their intentions. We are by no means a Know
Nothing: but this prattle about American citizens is all fudge. No man who has
been in this Territory six months but knows that there is not one in ten but are
foreigners, and have never taken the initiatory steps to become citizens. The
authorities of the church and others exercising civil power, are composed of
native born citizens, and this is a compliment to American energy and prowess;
but out upon their almost universal and ostensible display of citizenship, it is all


We have received a letter from Provo, from which we extract the following:
The Grand Jury were two weeks in sessions, and refused to present any bills.
The question came up before the Judge, as to the naturalization of foreigners
who had borne arms against the Government in the late rebellion, upon which
the Judge put in proof the fact of their bearing arms, and showed his
determination to reject all applications of foreigners, for naturalization, who had
borne arms against the Government, within the last three years; upon the point,
that they had not shown themselves of good moral character, well disposed to the
Government, and attached to the principles of the Constitution.
Several high officials have been charged with crimes, warrants issued; and
they have fled to the mountains, among them the Bishop of Springville, and the
President of the Stake in the Region.


After McDonald, Kearns and Bullock were arrested and placed in the custody
of the military, the Sheriff of Utah county, Wm. M. Wall, Esq., as we are informed,
told Judge Cradlebaugh that he could take charge of all prisoners accused of
offences (sic) in this Territory. The Judge asked him if he had a sufficient jail. The
Sheriff replied that he had, and that if his bonds were not sufficient, he could

3/10/17 Page 22
increase them to any amount that might be required. Judge Cradlebaugh replied
that he would consult Judge Sinclair on that subject.
The prisoners being continued in the custody of the soldiery and not
comfortably provided for requests were made to the court and to the U.S.
Marshal by their attorneys and others, that they might be taken to some place
where they would be more comfortable, and the answer received was that they
could not be kept in any place excepting in camp. Some blankets and food were
asked for, as the prisoners were in want of both. The U.S. marshal, Dotson,
replied that they could have neither, unless they furnished themselves.
If the circumstances above occurred as related, as there is little room for doubt,
they certainly place the court and its officers in no enviable position.
The above extract appeared in the last extra. We are authorized to say that it
is untrue; the prisoners have been as well, and much better taken care of in the
military power, than they could have been probably in this city, much less the
splendid accommodations at Provo.
The Territorial Legislature have neglected to build jails, or even pay their own
officers, doubtless considering the former an obsolete institution and crime a
privileged matter, and the objection now comes with a bad grace. We are assured
that the prisoners have been well provided for, and the above allegation is but
another phase of the deception that has been practiced so long in this Territory,
but it will not win.



Provo, March 22, 1859

Court met at 10 a.m., pursuant to adjournment.

Officers present as before.
Clerk read records of yesterdays proceedings.
The Court ordered the criminals who were confined in the custody of the
guard, to be brought into his presence, and addressed them briefly in substance
as follows:
The Court will take occasion to inform the prisoners that on yesterday it
discharged the Grand and Traverse juries. The reasons which induced the Court
to adopt this course are that it had been fully convinced that the community here,

3/10/17 Page 23
were endeavoring to use the Court for improper party purposes. That persons
who were of their own party, though guilty of the most heinous crimes known to
the laws, and to humanity, were protected, screened, and secreted from justice,
while those who were not of their society, had no mercy nor justice to expect
from them.
The Court regrets the necessity that has induced it to adopt its present course,
and admits that justice demands that you should be tried and punished for those
crimes of which you might be found guilty; but prisoners have rights as well as
the public, and the Court is unwilling to permit itself to be prostituted to the You
are therefore discharged from custody.
The Court having on yesterday resolved itself into a Committing Court,
proceeded to hear the testimony against A.F. McDonald and others, for the
murder of the Parrishes and Potter.
Though strenuous efforts are doubtless being made to suppress the testimony
in this case, strong evidences of its final development begin to manifest
themselves, and discloses an almost incredible state of complicity in crime.
It is astonishing to think that an almost entire community could lend
themselves as accessories to the perpetration of so horrid a deed.
We understand that there are about one thousand troops camped tonight in
the vicinity of Provo. This unexpected movement is attributable, I suppose, to the
great anxiety manifested by the Mayor of this City, for fear his indignant citizens,
might murder the small Military posse that had been ordered here to take charge
of the prisoners, and the necessity to which he had been driven, of calling our an
additional Police force of 200 men, in order to prevent the dire event.
The Court had no intention of taxing the good people of Provo, with the
expense of keeping such an enormous Police on its account, and I have no doubt
but that the City authorities will be informed at an early opportunity, (if they
have not been already,) that the Court is able to protect itself from the violence of
lawless indignant citizens, and that their powerful Police is unnecessary,
especially as they are know to be the most indignant of the crew.
We do not think that Court will remain in session many days longer, unless
the testimony in the numerous cases of murder known to have been committed
in the district should become more accessible.

P.S. Mose and Looking Glass, can scarcely realize the change. They are quite
overjoyed at the idea of regaining their liberty.

3/10/17 Page 24
March 23

Court met pursuant to adjournment.

The testimony of several witnesses in the Parish (sic) case was heard. Some
new items are being gathered every day in relation to this matter and new parties
connected with it. The evidence as it now stands, implicates persons high in the
authority in the church; and so far as others may have been concerned, they only
acted the part of slaves, doing the will of their masters.
It now appears that Bishop Hancock, of Payson, Johnson, of Springville, and
Pres. J.C. Snow, of this place, have acted a conspicuous part in these bloody
tragedies. Several attempts have been made to arrest two of them, but they have
managed to elude the vigilance of officers.
Warrants have been issued for several others who are implicated, but they
cannot be found. The town of Springville has been quite destitute of its male
inhabitants for the last few days. This, as every other circumstance, goes to prove
their guilt. They even look guilty, and in the eyes of all honest men and women
they must ever appear so. The most strenuous efforts have been made to
suppress the testimony in these cases. The lives of witnesses have been
threatened, and their property seized on some trifling pretext immediately after
their testimony was given, and a degree of terrorism exercised, which can only be
appreciated by those who feel it.
Judge Cradlebaugh is a severe thorn in the side of the Mormon chicanery and
duplicity, and charges crime home upon those who are its real authors.
The Mormons appear disconcerted. They had hoped to make a pretty thing of
it, by dilly dallying for two or three months at the expense of the general
government, as they have done heretofore, charging large fees for services and
supplies, guarding persons, &c.; but they have been disappointed in these
expectations, the Court having no disposition to prostitute itself to the position of
a gewgaw for the amusement and profit of a hord (sic) of out-laws.
Perhaps the Modern Prophet may yet find it more difficult to establish his
system of Buddism (sic) upon this continent then he at first supposed; though, at
the rate of human slaughter that has been practiced for the last two years, it is
quite certain that it would not require many more years in which to sacrifice the
entire population of the Territory, and yet we see no evidence of his having
bettered the condition of his people.
The poor Indian is more temperate in his practices, for though they
occasionally sacrifice their horses, and sometimes their prisoners, to appease the
wrath of the Great Spirit on the occasion of death of some favorite warrior, yet

3/10/17 Page 25
their conscience revolt at the wholesale butchery of their Mormon neighbors,
over whom the delicate sentiment of conscience seems to have lost its influence.
Bro. Brigham sets out upon his career in life by admiring the Constitution of
the United States, which he is pleased to style the offspring of divine inspiration,
and which inculcates the doctrine, and guarantee to her citizens the privilege of
regulating the mode of his worship of the Divine Attributes by the dictates of
But would you learn how bro. Brigham has demeaned himself under this
provision of instrument, for which he himself claims a divine origin? Turn over a
few files of the Deseret News, and I think you will find him discoursing in
substance as follows: -
When a doctrine of a plurality of wives was first announced by Prophet
Joseph Smith it was so revolting to my feelings that I really wished myself dead,
and if there was ever a time I prayed fervently for the Lord to remove me from
the earth, it was then.
Here conscience refused to dictate and left the Prophet no constitutional
authority for accepting the new doctrine.
But vice, though frightful and hatred, is a monster with which we may become
familiar, and then embrace; and conscience is a delicate monitor, with which we
cannot trifle with impunity.


This day makes two weeks from the time you were impannelled (sic). At that
time, the Court was very particular to impress upon your minds the fact that it
was desirable to expedite business as speedily as possible. The Court took
occasion to call your attention to the difficulties under which we had to labor. It
told you of the condition of the legislation; it told you of the fact that the
Legislature had not provided proper means to aid the court in bringing criminals
to punishment; it told you that, aside from that, that the legislation was of such a
character as to embarrass the court in the discharge of its duties, and they had
given criminal jurisdiction to courts of their own creation, which by the organic
act can exercise no such jurisdiction. They had sought to throw the punishment
of crimes into such tribunals.
The court also called your attention to the fact that there had been, in
connection with this legislation, an attempt by persons within this Territory to
bring the United States Courts into disrepute with this people. It particularly
called your attention to the fact that Brigham Young, the late Executive of the

3/10/17 Page 26
Territory, at the time when he was a sworn officer of the government sworn to
see that the laws were executed had taken occasion to denounce the courts as
vile and corrupt; also that he had taken occasion to denounce all attorneys and
jurors of the court, and that this was done to prevent the proper and due
administration of justice in the Territory.
The court felt it to be its duty to repel such slanders; that it owed it to the
position it occupied and to the members of the bar, who were looked upon as
honorable men, and from its association with them, it felt it to be its duty to repel
such slanders, let them come from what source they might. This was done for the
purpose of showing the difficulties that you and the court labored under in
bringing criminals to justice.
Aside from this, the court took the unusual course of calling your attention to
particular crimes the horrible massacre at the Mountain meadows. It told you
of the murder of young Jones and his mother, and of pulling their house down
over them and making that their tomb; it told you of the murder of the Parrishes
and Potter, and Forbes, almost within sight of this courthouse. It took occasion to
call names for the purpose of calling your particular attention to those crimes; the
fact that they have been committed is notorious.
The court has had the occasion to issue bench warrants to arrest persons
connected with the Parrish murder; has had them brought before it and
examined; the testimony presents an unparalleled condition of affairs. It seems
that the whole community were engaged in committing the crime. Facts go to
show it. There seems to be a combined effort on the part of the community to
screen the murderers from the punishment due them for the murder they have
I might call your attention to the fact that when officers seek to arrest persons
accused of crimes they are not able to do so; the parties are screened and secreted
by the community. Scarcely had the officers arrived in sight of the town of
Springville before a trumpet was sounded from the walls around the town. This,
no doubt, was for the purpose of giving the alarm. The officers were there to
make arrests. The officers leave the town, and in a short time a trumpet sounds
again from the wall for the purpose of announcing that the danger was over.
Witnesses are screened; others are intimidated by persons in that community.
An officer of this court goes to Springville, meets the Bishop of the town, asks
him about a certain man, for whom he has a writ, he having understood that the
man was a scribe in his office. He (the Bishop) tells him that he has gone to Camp
Floyd, while the fact is, the person the officer desires to find is at the time in sight
in the street. We have here a Bishop lying to prevent the service of the process of
this court, and aiding in preventing criminals being brought to punishment.

3/10/17 Page 27
Such are the attempts made to prevent the administration of justice in the
courts. Officers are prevented from making arrests, they are thwarted upon all
points when they seek to arrest those persons who should be brought to
Such acts and conduct go to show that the community there do not desire to
have criminals punished; it shows that the Parishes (sic) and Potter were
murdered by counsel, and that it was done by authority; the testimony goes to
show that the persons engaged in committing these murders are offices in that
community, policemen, and that they have since been promoted for committing
those hellish crimes.
At the commencement of this term of court, these persons were seen elbowing
about the streets with the Bishops and other dignitaries, but now they are not to
be found.
I say all the facts go to show that those offences (sic) were committed by
officers in that town, and that there is a determination to cover up and secrete the
You have had sufficient time to examine those cases; more than two days ago,
you had all the testimony before you in the Parrish case and from some cause you
refuse to do any thing.
Your duty is to find bills when there is sufficient testimony to satisfy you of the
probability of the partys guilt. The court has been patient with you; it has given
you time; it has endeavored to be patient, that you might have ample opportunity
to do your duty.
The court has no desire but to do its duty; to punish offenders and enforce the
law it can have no other purpose or motive.
If it is the desire of this community that persons guilty of crimes shall be
screened, and that high, notorious crimes shall be covered up, it will have to be
done without the aid of this court.
Should my government desire such things, they must send some other person
than the one who now holds presides in this judicial district to accomplish such
The court cares not what position persons hold, either civil or ecclesiastical, if
they are guilty of crime, it will use its authority to bring the offenders to justice.
By legislation we have no jails, no means to support prisoners, no means of
paying witnesses or jurors, or other officers of this court. It would seem that the
whole of the legislation of this Territory was to prevent the due administration of
It was these considerations that induced the court to desire you to expedite the
duties devolved upon you.

3/10/17 Page 28
The court feels that it has discharged its duty; it has furnished you every
facility for discharging yours. Still, you make no report; to continue you longer in
service would be wrong the public would neither be promoted or benefitted by
You are therefore discharged from further service.
The court will think of the propriety of veniraing another grand jury.
For your service upon territorial business the clerk will issue his certificates.
For the time you were engaged on United States business the martial (sic) will
pay you.
If it is expected that this court is to be used by this community, as a means of
protecting it against the pecodillos (sic) of gentiles and Indians, unless this
community will publish (sic) its own murderers, such expectations will not be
realized. It will be used for no such purpose.
When this people come to their reason, and manifest a disposition to punish
their own high offenders, it will then be time to enforce the law also for their
protection. If this court cannot bring you to a proper sense of your duty, it can at
least turn the savages in custody loose upon you.


Correspondence between the Mayor of Provo and his Honor Judge


Provo, March 11, 1859

To the Honorable John Cradlebaugh, Associate Justice of the Supreme Court of
the United States for Utah Territory, and ex-officio Judge of the 2nd Judicial
Your Memorialists, the mayor and council of Provo city, beg leave respectfully
to represent that,
WHEREAS, The City council have received petitions from the various wards of
the city representing that a detachment of the United States troops for several
days past have been encamped on the seminary lot, the officers occupying the
west lower room of the seminary building without the consent of the council or
citizens of this city, and to the no small annoyance of the community, tending
directly to intimidate those persons who have occasion to attend the District
Court, now in session in the seminary, and also rendering it exceedingly difficult
for the officers of the city to preserve the peace between the unruly portion of the
citizens and soldiers, several unpleasant circumstances having already occurred

3/10/17 Page 29
and their present location around the seminary savoring of a military
interference with the municipal regulations of American citizens.
Your memorialists respectfully pray your Honor to cause the immediate
removal of the troops, now occupying the seminary and vicinity, beyond the
limits of the city. And your memorialists as in duty bound will ever pray.
On behalf of the city council.
B.K. BULLOCK, Mayor.

Provo, March 12, 1859

To the Honorable Mayor and City Council of Provo:
Gentlemen Your letter of the 11th inst. Has just been received. In reply to it I
take occasion to say that the movement of a company of infantry to this city and
their temporary location here was well considered before it was determined
upon. It was a matter of necessity. There were a number of prisoners to be tried
before my court; neither the territory nor the city afforded a jail or other place of
confinement for them. No manner of provision had been made for their support
or sustenance, neither by the Territory nor your city. To secure those prisoners
and to maintain them are duties that I owe to my office and to them.
I have adopted the only means left me of accomplishing those objects. The
military company kindly furnished by the commanding General, both secure and
support these Prisoners. That this small force should be near the court house or
the building used as such, is not only a matter of convenience but of necessity to
the court. This I will say, however, that so soon as I can dispense with their most
useful services, I shall do so.
You speak of their being here to the annoyance of the citizens of this city and
intimidation of those persons having business with the District Court.
When, where, or in what manner these soldiers have annoyed or interfered
with the citizens of Provo, I challenge you to show. A more quiet, orderly set of
men I never saw; they have deported themselves with a propriety and decorum
truly remarkable.
As to your remark about intimidation, allow me to say that good American
citizens have no cause to fear American troops.
I am, gentlemen, your obedient servant,

3/10/17 Page 30

The Murder of the Parrishes and Potter at Springville, on Sunday night, March
14, 1857.

By testimony taken on a preliminary examination in the case pending,

wherein Alex. F. McDonald, H.H. Carnes, John Daley, Abraham Durfee, --
Nethercott, Jos. Bartholomew, and Kimball Bullock, are defendants, it appears
that about the 1st day of March, 1857, a private council meeting was held at
Bishop Johnsons house in Springville. Nothing is elicited as to what took place in
this first meeting, except that that object was to talk about apostates and the
disposition to be made of them.
About a week after this another meeting is held at the same place, at which
time Duff Potter and Abraham Durfee are selected for the purpose of attending to
the Parrishes and some person residing at the Indian farm.
The evidence does not disclose the names of all persons there, the witness
however, recollects the following named persons, as participating in both of those
meetings: Aaron Johnson, the Bishop of Springville, Lorenzo Johnson, his
brother, A.F. McDonald, Mayor of the city of Springville, Andrew Wiles, William
Bird, Lorin Roundy, Simmons Curtis, Duff Potter, Abraham Durfee, and Joseph
Other meetings are said to have been held, but nothing definite in regard to
them has appeared in the testimony. During the week following, the last
meeting, Parrish was robbed of four horses and a carriage. The family, after the
murder of the Parrishes, recovered two of the horses and the carriage. They were
found in the stable of Kimball Bullock, present Mayor of Provo.
Lysander Gee, of Tooele Valley still holds possession of the other two horses,
and to be worth about 4 or 500 dollars.
Early in the week before the murder, William Johnson, a Mr. Metcalf and a
person whose name is not recollected, came to the house of Mr. Parrish,
professing to be religious teachers, and questioned him in regard to his faith. His
answer to them seems not to have been satisfactory. A short time after this,
Alexander McDonald and Wilber J. Earl come to the house of Mr. Parrish about
dusk in the evening, and take him out to talk with him; he is taken across the
street behind an unfinished house belonging to a nephew of Potters. Owen
Parrish, a lad of 18 years starts to follow, but is ordered back by McDonald. Alvira

3/10/17 Page 31
Parrish, the wife of Mr. Wm. R. Parrish, passes over into this house and from an
open window hears a conversation which she states as follows:
McDonald told my husband that he should never see his grey horses any
more, that he had stolen them from a widow woman. My husband said that if he
could go to Brigham Youngs he could get papers to show that the horses were
his own, and that he had honestly obtained them. McDonald or Earl replied: if
you start to go see Brigham you will never get there. My husband opened his
bosom and said you can kill me now, if you choose. McDonald replied, we dont
wish to shed blood now.
Mrs. Parrish ran back home when she saw them about to part. Her husband
came in a minute or two after, when Mrs. Parrish said; You have your orders.
Her husband asked how she knew anything about it, when she told him, and
told him what was said. Her husband then said, "you will be a living witness
when I am gone.
Abraham Durfee is at this time working for Mr. Parrish. Durfee and Potter
pretend to Parrish that they are dissatisfied with the condition of affairs here, and
impress him with the belief that they are desirous of getting to California; state
that threats have been made against them on account of their not living up to the
faith, and that their lives are in danger.
Arrangements are made that Durfee, Potter, Parrish, and his two sons shall
leave on Sunday night, the 14th of March.
Durfee and Potter are at Parrishes at 10 oclock on the morning of that day.
Parrish asked them whether they were true to their trust. Durfee replies, yes,
brother William, I am as true as a hare, but when it comes to the test I dont know
how I shall do. Potter took a gun to pieces, which belonged to Mr. Parrish so that
it could be carried out without being observed.
Durfee, in conversation said that when they were leaving they ought to go out
one at a time to avoid suspicion. Parrish, the father, and Durfee left about 2
oclock in the day. Durfee returned about dusk to get a gun belonging to Owen
Parrish; went away with the gun; afterwards returned and said he had come
from where Parrish was. Upon being interrogated by Mrs. Parrish, he said that he
was outside of the Fort, and would stay there for safety, and that he had told him
to tell her to send the boys out, whether they were ready or not. Durfee and the
two Parrish boys then leave, the boys carrying bundles of provisions and
Durfee parts with the boys near the South gate of the city, and directs them to
the Southwest corned of the city wall. Durfee comes to them there, asks the elder
Parrish boy to go with him to find some things that he had hid out in a field.

3/10/17 Page 32
They go and return in about 10 minutes to the other boy, Owen, Durfee saying
that he could not find his things.
While they are gone Owen hears the report of a gun in a south-east direction
and apparently where they are to meet at the corner of the fence. Owen asks
what is meant. Durfee allays suspicion by saying some Indians were camped
down there, and also saying that it might perhaps be a signal from old man
Parrish or Potter.
Durfee and the boys start in the direction of the corner of the land fence where
it had been arranged they all should meet after dark. After they had crossed the
fence from the field into the road and got near the place, Durfee calls out, Duff,
Duff, (Potters name) and stops and looks towards the fence on the east side of
the road. Afterwards all proceed on and when within fifteen or twenty feet of
the corner of the fence, where all are to meet, some one called out, Durfee,
three times. Durfee answers and immediately a gun or pistol is fired. Wm. B.
Parrish, the eldest son, who is the furthest from Durfee, falls dead. Both of the
sons are unarmed. Several shots are fired, one ball taking effect in a cartridge box
that Owen Parrish had on. Durfee drew up his gun, pointed it at Owen and
bursted a cap, but the gun failed to go off.
Owen immediately jumped over the fence into the fields and made his escape
into the city, climbing the city wall where it was low. While going through the
streets he heard some person behind him say, he went this way. He ran to his
uncles house, 10 or 12 men standing in front of it, but passed them and into the
house so quick that they could not stop him. Told his uncle that Beason (being his
brother Wm.s middle name) had been shot and wanted him to go see if he was
alive. He was afraid to go, but got a man by the name of Brooks to go. Upon the
following day the widow of Parrish is allowed to go and see the bodies of her
husband and son, and Orrin is taken to the schoolhouse at the same time; Durfee
is found there. John M. Stewart, the justice, who was at the preliminary secret
councils, before-mentioned, in which the fate of the Parrishes was decided, is
there pretending to hold an inquest upon the bodies. The jury composing the
inquest are
Durfee is sworn; states very little but says that he pointed his gun at the
Orrin Parrish is also sworn, who testifies that he cannot give a statement in the
matter, and is very much frightened. Orrin now says that his uncle told him so to
state; that if he identified any of the persons and they learned who he knew that
was engaged in it, he would be put out of the way.
Of course the verdict of the coroners inquest is that they were murdered by
persons unknown.

3/10/17 Page 33
In the morning of that day, Mrs. Parrish hearing that Orrin was at his Uncles,
went over to see him and found him in bed; she attempted to speak to him but
was jerked away by William Johnson. He said she should not speak to him unless
she spoke in a loud voice. She then spoke out and wanted to know where his
father was. Orrin said that he did not know. Seeing some persons about the
school house, she sent her third son, Albert, to the school house; he came back
and said that his father, Beason, and Potter were laying there, dead.
On the same Sunday that the murder is committed, after church services in
the city of Provo, President Snow, of the Provo stake, desired to know if there was
any one there who would carry a letter which he held in his hand to Bishop
Johnson of Springville, and place it in his hands. Nethercott stepped up and said
he would take it. Snow charged him specially to deliver it safely to Bishop
Johnson himself, saying at the same time, dead men tell no tales.

The preaching that morning had been in regard to apostates and the proper
disposition of them.
The body of old man Parrish was literally cut to pieces. His throat was cut on
the left side, his fingers and arms, his back in fact, his whole body was covered
with knife wounds of which he had received as is testified; at least fifteen. There
were no wounds of pistol or rifle balls on his body.
Potter was killed by three balls, probably from a shot gun, which entered the
body on the left breast, a little below the nipple.
Wm. Beason Parrish was shot through by four balls, which, entering, passed
through his left arm and side, and came out at about the centre of his back.
Mrs. Parrish says that George McKensie told her that Bishop Johnson ordered
him to drive the wagon out, but that he did not know at the time what he was
going out for. McKensie said the bodies were thrown into the wagon like dead
hogs, some one remarking, This is the way the d-----d apostates go. McKensie
has since left for California.
Mrs. Parrish further testifies that her husband had a $500 Territorial order in
his pocket book when he left home that day, which has never been returned. That
she went to Salt Lake City in the month of July following the murder of her
husband to see Brigham Young. Brigham said the people in Springville were
fifteen years ahead of him; if he had known about the matter, he would have
stopped it. Said he would try to get the horses; she told him that Gee had
possession of the horses, and that he said nothing, but an order from Brigham
would get them. Brighams clerk put all that was said down in a book. Brigham
said he would write to her, but never did. She went to see Brigham again between
last Christmas day and New Years; went into his office about 8 oclock in the

3/10/17 Page 34
morning, and sat there till 4 oclock in the afternoon. His clerks were present. At
4 oclock they told her she could not see Brigham that day, but to call the next,
between 8 and 11 oclock in the morning. She went there the next morning about
8 oclock, and was then told she could not see him. About the same time she was
leaving, Mr. John Sharp, captain of police in Salt Lake City, called her back, and
asked her what she was going to do about her matters. She told him she did not
know. From there she went to John Youngs and thence to Mr. Longs. She
noticed Sharp and one of Brigham Youngs clerks following her. One of them
finally called her, and Sharp said to her, that if she wanted to get her horses back,
she had better not go into court, but wait until the soldiers were gone, and then
she would get them with fourfold, and that it would be best for her to drop it.
While in Brighams office, the clerk told her that Brigham did not want to see her,
and she should put the matter into the hands of the Bishops; that Bishop
Johnson, Bishop Hancock, and Bishop Rowberry would settle it for her.
Several witnesses testify that about the time of the murder of the Parrishes, it
was a very common thing to hear Bishops and Elders speak in their meetings
about what was to be the fate of apostates, that as Brigham Young says,
Judgment was to be laid to the line and righteousness to the plummet, which
in plainer terms meant that apostates were to have their throats cut to save them.
Orson Hyde, a short time before the murder of the Parrishes, in a discourse
delivered at Springville, said that apostates would not be allowed to live; and if
they attempted it, hogholes would be stopped up with them. Elder Snow also
made a similar remark at the same place.


Recent events connected with the administration of Justice in this Territory,
have created great excitement, not only here but in other portions of the Territory.
The history of these proceedings have been detailed from time to time through
the columns of the Valley Tan, and in the short space that is allowed us we can
only advert to them. Judge Cradlebaugh, in the exercise of his judgment, saw fit
to make a requisition upon General Johnston, for some troops to guard prisoners,
and protect witnesses, whose lives had been threatened during the term of his
court at Provo. This requisition was promptly complied with, the troops went to
Provo, where they have been ever since. It would appear however that the right
of Judge Cradlebaugh is doubted by Gov. Cumming, who has issued a solemn
protest against the presence of the troops. Upon this we take issue with Gov.
Cumming, and think that he has overstepped the Executive barrier, and
unjustifiably interfered with the Judiciary, a department of the Government,

3/10/17 Page 35
whose duties are well defined, and which is as independent in its action as the
Executive branch.
It is a principle that cannot be gainsayed, that the Judiciary, in the exercise of
its civil functions have a right to call upon the military when the ends of justice
are attempted to be thwarted, or the authority of the Government is attempted to
be set at defiance. Judge Cradlebaugh with a full knowledge of these facts, has
taken the responsibility to draw off a small portion of the military force at Camp
Floyd, for the purposed mentioned, in this we think he acted wisely, and the
history of his courts proceedings fully attest to it. Not only had he a right as a
Federal Judge to do this, but these were positive instructions sent to Gen.
Johnston, which warranted his actions as well as Gen. Johnston himself. This
point is unquestionable. What next? Why after he had exercised an undoubted
right, Gov. Cumming issued his protest, and by this official act on his part,
directly interfered with a co-ordinate branch of the Government, the Judiciary,
and that too when his official position gave him no right to interfere, and come
into contact with the orders of a United States Judge.
The influence this caveat had upon the Mormon people was to encourage
them to resist the execution of the laws, as they felt they were backed by the
Executive of the Territory. We regret that Gov. Cumming has placed himself in
this attitude, for we have a high personal regard for him, but his position is
totally untenable, and which we think he will find out not only at the bar of
public opinion but to those in authority, to whom he is responsible for his official
action. It is a matter of deep concern that there should be a rupture, and one so
important in its bearing as this, between the civil officers of this Territory; but it
has come and the question must and will be met, and while the Governor has, we
think, very hastily and unwisely fallen into the Mormon memorial trap set for
him, and so numerously as it is alleged signed, the Judiciary of both districts that
have presided in this Territory, so far as we are able to appreciate a principle or
an argument, have clean records.
Want of space prevents us from pursuing this subject farther. We shall resume
it again.

From persons who have recently arrived from Provo, we glean the following
items. The Judge adjourns his Court from day to day, and in the meantime is
sitting as a Committing Magistrate.
The command encamped on the Provo river above the City, have been moved
down within three miles of Provo, so as to be ready for any emergency.

3/10/17 Page 36
One night last week, the sentinels on duty were stoned by parties hid behind
the buildings. If it is repeated, we understand that orders have been given the
sentinels to fire upon their assailants.
The people we further learn, in explanation of the matter, say that it was done
by some unruly Indian boys Lo the poor Indian.


We give up most of our columns to the proceedings at Provo. They are not
only of local interest here, but will we are sure to be read with interest by the
people abroad.


We understand that a session of the Probate Court was held in Cedar County, at
Cedar Fort. A Grand Jury was empannelled, (?) and the court after sitting two or
three days, adjourned without doing anything.

We understand that there is a rumor prevailing to some extent in Camp that

Secretary Hartnett had harbored the two men, Durfee and Bartholomew, who
were recently taken down to Provo, from this city. This does Mr. Hartnett great
injustice; the facts are, these two men first applied at the store of Livingston,
Kinkead, & Co., for protection, fearing as they said, that the Mormons would
take their lives. Mr. Kinkead referred them to the Secretary, who, after hearing
their story, and believing them to be equally implicated in guilt, placed them in a
room, locked the door and placed a guard over them, and immediately
dispatched a messenger to U.S. Marshal Dotson, at Provo, who, it appears, had a
warrant for these identical men.
The marshal arrived the next day and took them down; and recent
information says that they have proved most important witnesses. So far,
therefore, as Mr. Hartnett having harbored them, he actually secured them, and
thus facilitated the ends of justice.

We understand that a rumor exists to a considerable extent in various parts of

the Territory, that Gov. Cumming contemplated calling out the militia, embracing
the Nauvoo Legion. Widely as we disagree with his Excellency in his present

3/10/17 Page 37
policy, yet we know that his large experience and good sense are in themselves a
sufficient answer to such rumors.

The traveling Calaboose, is the term the brethren have applied to the
soldiers on duty at Provo. It doesnt make a dif of bitterence what they call
them so long as they perform a duty which Mormon legislation has failed to do,
and that is to provide a place for the security of prisoners. In fact take all the
legislation bearing upon this subject into consideration, the non-payment of
territorial officers, and it would almost appear that the authorities that govern
this people, desired to recognize and encourage crime rather than punish it, and
the proceedings at Provo for the last few weeks far to confirm this opinion.


The following comprises the original command that went to Provo with Judge
Cradlebaugh: -
Co. E, 10th Infantry, and a detachment from the 7th and 5th Infantry, under
command of Capt. Henry Heth, of the 10th Infantry, with 1st Lieut. N.A.M.
Dudley, 10th Infantry, A.A.Q.M. and A.A.C. of S. 2d George Ryan, 7th Infantry, has
since been detached to serve with this command.
On the 22d inst., Bvt. Major G.R. Paul, 7th Infantry; arrived from Camp Floyd,
and camped near the mouth of Provo Kanyon (sic), almost four miles from the
city of Provo, with the following companies:-
Co. H, 10th Infty, Captain A. Tracy,
A, 1st Lieutenant H.B. Kelly, comdg.
F, 1st Lt. John Forney,
F, 7th Infty, Capt. H. Little,
B, st
1 Lt. P.W.L. Plympton
K, 1st Lt. A.H. Plummer
H, 1st Lt. A.W. Evans,
I, 2nd Lt. C.B.Stivers,

One section of Light Battery, Company B, 4th Artillery, under command of 1st
Lt. S.H. Weed; and Company E, 2d Dragoons, 1st Lt. Geo. N. Gordon
commanding, with 2d Lt. H.B. Livingston attached.
The following officers are serving with this latter force: 1st Lt. D.P. Hancock, 7th
Infantry; 2d Lt. E.K. Potts, 7th Infantry; 2d Lt. J.L. Thompson, 10th Infantry, 2d Lt.
William Kearney, 10th Infantry.

3/10/17 Page 38
2nd Lt. Edward J. Brooks is the Adjutant and A.A.Q.M. and A.A.C. of S.
Assistant Surgeon John Moore accompanies the troops.

THE WEATHER The weather of late has been unusually cold, and snow storms
were the order of almost every day; but since yesterday (Saturday) morning, it
looks as if it was opening for spring, unless it will snow again before we go to

G.S.L. City, March 29th, 1859

SIR:- You will please publish the inclosed (sic) communication, and oblige





Whereas, the one company of the U.S. Infantry, under the command of
Captain Heth, is now stationed around the Court House at Provo, where the
Hon. John Cradlebaugh is now holding court, and eight additional companies of
infantry, one of artillery, and one of cavalry, under the command of Major Paul,
are stationed within sight of the Court House: and,
Whereas, the presence of the soldiers has a tendency, not only to terrify the
inhabitants and disturb the peace of the Territory, but also to subvert the ends of
justice, by causing the intimidation of witnesses and jurors; and,
Whereas, this movement of troops has been made without consultation with
me, and, as I believe, is in opposition to both the letter and spirit of my
instructions; and,
Whereas, Genl. Johnston, commander of the military department of Utah, has
refused my request that he would issue the necessary orders for the removal of
the above mentioned troops:
Now, therefore, I , ALFRED CUMMING, Governor of the Territory of Utah, do
hereby publish this my solemn protest against this present military movement,

3/10/17 Page 39
but also against all movements of troops, incompatible with the letter and spirit
of the annexed extract from the instructions received by me from government for
my guidance while Governor of the Territory of Utah.
In testimony whereof, I have hereunto set my hand, and caused the seal of the
Territory to be affixed. Done at Great Salt Lake City, this twenty-seventh day of
March, A.D., eighteen hundred and fifty-nine, and of the Independence of the
United States the eighty-third.
By the Governor:
Secretary of State


It is your duty to take care that the laws are faithfully executed, and to
maintain the peace and good of the of Territory and to also support by your
power and authority the civil officers in the performance of the their duties. If
these officers when thus engaged are forcibly opposed or HAVE JUST REASON
TO EXPECT OPPOSITION, they have a right to call such portions of the posse
comitatus to their aid as they may deem necessary. If circumstances should lead
you to believe that the ordinary force at the disposal of such officers will be
insufficient to overcome any resistance that may be reasonably anticipated, then
you are authorized to call for such numbers of troops as the occasion may
require, who will thus act as a posse comitatus, and while thus employed, they
will be under the direction of the proper civil officer, AND ACT IN

(note I need to compare this version with the one in Peterson and other sources
(Furniss, etc..) to see if it matches up).

Provo, 25th March, 1859

Editor Valley Tan:

Sir:- The following is substantially my Charge to the Grand Jury, empannelled

(sic) for the 2nd Judicial District, delivered in this city on the 8th inst.

3/10/17 Page 40
Very respectfully,


I will say to you, gentlemen of the Grand Jury, that from what I learn, it has
been some time since a Court has been held in your District, by a judicial tribunal
having cognizance of criminal matters.
No person has been brought to punishment for crimes committed for more
than two years. From what the Court learns, crime after crime has been
There is no such effectual way of stopping crimes, no means have been found
so effectual as the sure and speedy punishment of the offender. So far as you and
your community are concerned, it is a very important matter to you, if you desire
innocent and unoffending persons to be protected, that you diligently prosecute
all persons who are violators of the law.
Before I close, the remarks which I intend to make to you, I will call your
attention particularly to certain and many crimes that have been committed.
It is first, my pleasure, however, to call your attention to the legislation and
general condition of matters within the Territory, which affect and operate upon
the administration of the criminal laws. The Legislature has not given that aid
that is desired to enable the Courts to do their duty: neither have they provided
means to carry on the Courts, but on the contrary, have so legislated as to
embarrass and prevent the Courts from bringing public offenders to justice.
Before legislations in all States and Territories outside of this, it is provided by
law that persons who commit offences (sic) can be arrested, brought before
Justices of the Peace, Judges, or other committing Magistrates, the complaint
examined into, and if such committing magistrate is satisfied, that there is a
probable cause of guilt against the accused, he may commit, or recognize him, to
appear before a tribunal having competent jurisdiction to try the case. Such
provision of law does not seem to been made here. There is no legislative
enactment to authorize a Justice of the Peace or other committing Magistrate,
either to commit a prisoner or to recognize him to appear before this Court.
It is, however, provided by law that criminals may be arrested on complaint,
before Justices of the Peace, and if the case is such that the Justice has not
jurisdiction to hear the case and pass final sentence upon the accused, if the
accused and person making the complaint do not settle the matter, then the
Justice may direct the constable or officer having custody of the prisoner, to take
him immediately to a court having jurisdiction to try the case.

3/10/17 Page 41
The District Courts cannot always be in session. The officer having custody of
the prisoner has no authority to detain him. By legislation, however, criminal
jurisdiction is given to the Probate Courts, which courts are by law always open
for the transaction of business.
The object of this legislation is to prevent criminal cases being brought into
this Court, and to direct them to the Probate Court, whilst the fact is that the
District Courts are the only tribunals possessing criminal jurisdiction under the
Organic Act of the Territory. The Probate Courts can have or exercise no such
jurisdiction. The Organic Act provides for Supreme, District, and Probate Courts,
and vests in Justices of the Peace limited authority. It says that these courts shall
have such jurisdiction as is limited by law. The legislature is governed and
controlled by the Organic Law. When that act provides that the jurisdiction of the
Probate Courts shall be limited as by law, it means only to confer upon the
legislature the power to vest in them such jurisdiction as belongs to the character
of a Probate Court. The legislature are as fully authorized to establish courts
unknown to the Organic Act, as to vest in those lawfully established jurisdiction
unknown to it. They can as lawfully give Probate jurisdiction to the District
Court, as they can give criminal jurisdiction to a Probate Court.
A prosecution before such a court is no bar to a prosecution in this; and it is as
illegal and void as if the trial had been before a California Vigilance Committee.
Persons aiding in a prosecution before that Court would be liable in a civil
action for damages to any person prosecuted therein, no matter how guilty he
might be.
I make these remarks to impress upon your minds the determination of this
Court to assert its jurisdiction and to punish crime.
At the last session of the Legislature, I understand that a Code Commission
was appointed to revise the laws. I hope they will take this subject into
This legislation seems to be skillfully drawn so as to prevent the District
Courts from discharging their duties; but as though it had been insufficient to
accomplish that object, we find the late Executive of the Territory joining in the
crusade against the courts and denouncing the judge, jurors, and members of the
bar in the vilest terms.
That too while the Governor was the sworn executive officer of the Territory
sworn to take care that the laws should be faithfully executed. There is no
question about this. I learn these facts from a sermon of his, published in the
Deseret News the church organ.

3/10/17 Page 42
Respect for my position, the high regard I entertain for a profession to which I
have been attached so long, and my duty to you, gentlemen, render it a necessity
that I should repel such slanders, come from what quarter they may.
I understand that the late Executive has a suit in Court at the time; and these
remarks were made by him, because in a single instance he was unable to control
the jurors.
I speak of this because it was an effort to destroy the independence of the jury
and the efficiency of the court. You should manifest that you are not be governed
by such outside influences, if they are bought to bear upon your minds. I said to
you in the outset that the commission of a great number of crimes in this District
had come to my knowledge. I shall call your attention to a few of them. The
perpetrators of these crimes have not been prosecuted. The reason why I cannot
tell. It strikes me, however, that certain outside influences have prevented their
If you do your duty you will not neglect to enquire (sic) into these matters, nor
will you allow the offenders to go unpunished.
I may mention to you the massacre at the Mountain Meadows. In that
massacre a whole train was cut off, except a few children who were too young to
give evidence in court. It has been said that this offence (sic) was committed by
the Indians.
In committing such an outrage, Indians would not be so discriminate as to
save only such children as would be unable to give testimony of the transaction
in a court of justice. In a general slaughter, if any were to be saved by Indians,
they would have been most likely those persons who would give less trouble
than infants. But the fact is that there were others there engaged in that horrible
A large organized body of white persons are to be seen leaving Cedar City,
late in the evening, all armed, traveling in wagons and on horseback under the
guide and direction of the prominent men of that place. The object of their
mission is a secret to all but those engaged in it. To all others the movement is
shrouded in mystery. They are met by another organized band from the town of
Harmony. The two bands are consolidated. Speeches are made to them by their
desperate leaders in regard to their mission. They proceed in the direction of the
Mountain Meadows. In tow or three days they may be seen returning from that
direction bearing with them an immense amount of property, consisting of
mules, horses, and cattle, and wagons as the spoils of their nefarious expedition.
Out of a train of one hundred and forty persons, fifteen infants alone remain,
who are too young to tell the sad story. That Indians were engaged in it, there is

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no doubt; but they were incited to engage in it, by white men, worse than
I might give you the names of the leading white persons engaged; but
prudence dictates that I should not. It is said that Chief Kanosh was there. If so,
he is amenable to law and liable to be punished. The Indians complain that in the
division of the spoils they did not get their share; that their white brothers in
crime did not divide equally with them, but gave them the refuse. I will also call
your attention to a case near here, at Springville the murders of Potter and the
Parrishes. The Parrishes and Potter, not being satisfied with the condition of
affairs there, are about to leave for California. Not deeming it safe to leave in the
daytime, they start out in the evening. Within a short distance of the south gate of
the city wall, two of the Parrishes, father and son, and Potter, are most brutally
murdered. Owen Parrish, a lad of seventeen or eighteen years of age, is with
them at the time. Owen makes his escape and succeeds in getting back to his
uncles house in the village. By his testimony you will learn the names of the
persons who were identified in the commission of that offence. He will be able to
tell you who followed him to the house of his uncle.
These murders took place on the 14th March, 1857. Springville is a village of a
few hundred inhabitants. Here are three persons butchered in the most inhuman
manner, and the criminals go unwhipt of justice.
At the same place about a year ago, Henry Forbes, a young man who came in
from California, on his way to the States, was also murdered. He arrived there
after the difficulties arose between this community and the general government.
While there he made his home at Partial Terrys, and had been there but a week
or two, when his horse and revolver were stolen. Of course, that was done by the
Indians!! He afterwards made his escape, tried to get over the mountains to
Bridger, was caught, brought back, and murdered; and that is the last of Henry
Forbes. No investigation was made; and the body has since been removed several
times since it was first interred, so that now its whereabouts probably could not
be discovered. Shortly after Forbes murder, Terry trades off his horse (which the
Indians had stolen!!) for sheep. Forbes is said to have left a wife and two children
in the state of Illinois. He manifested an anxiety to get back to them. They may
even yet know nothing of his fate.
Henry Jones, was also murdered at Pond Town, about a year ago. He was
castrated up at Salt Lake City; having recovered from the effects of it and gone to
Payson, he is there set upon, chased to Pond Town, about three miles distant, and
there shot.
It is reported that he had committed some sin which is looked upon in the
Church as unpardonable. His mother was also murdered for some cause. Jones

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was taken back to Payson, pitched into the house, called a dug out, in which they
had lived, by the side of the murdered body of his mother; and the house pulled
down over them for a common tomb in which both lay buried without coffin or
There is another matter to which I wish to call your attention. A few days
before the murder of the Parrishes and Potter, Parrishs stable was broken into in
the night, and his carriage and horses taken out. Two of those horses have never
been returned. Lysander Gee, of Tooele City, has those horses. He says that they
were brought to him and placed in his possession, and he was directed not to
part with them; but to keep them at all hazards. Now, does it not look strange,
that a person should go to Parrishs stable, break it open, rob Mr. Parrish of his
horses, take them to Lysander Gee, and tell him to keep them. Doe sit look
reasonable? Is it not more reasonable to suppose that Lysander Gee was himself
engaged in committing this outrage? The wife of Parrish told me that on account
of the robberies committed upon them about the time of the murder of her
husband, and being left with a family of children, she has since been compelled
to live in the very dregs of poverty, at times living upon bread and water alone.
Here is a case of public notoriety, when the private property of a family is
taken, the party taking it with the sanction of the community, and brazenly and
boastingly (sic) carrying it with him through the Territory. I say bring that man
up; compel him to restore the horses; give back the property to the widow of the
murdered man. Do not allow her to live on poverty while such scoundrels are
driving about with the property of her husband to which she is entitled.
It is not pleasant to talk about crimes that have been committed, but it is my
desire that you shall investigate them.
My object in particularly calling your attention to these crimes, is, that the
responsibility shall be with you, if the offenders are allowed to go unpunished.
The Court will do its duty, and the question is whether you will bring these
offenders to trial. I might have called your attention to many other crimes which
have been committed in the District. For the present I have deemed it
Some cases of larceny and also of purchasing the clothing of soldiers, have
occurred at Camp Floyd, to which I shall call the attention of the Attorney for the
Unless you faithfully discharge your duties, this community cannot escape the
odium of the offences to which I have called your attention. To allow these
matters to pass over, gives a color of authority for commission of crimes.

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The very fact that such an affair as the Mountain Meadows massacre should
so long have been left uninvestigated, allows that there is some person high in
the estimation of the people, by whose authority crime is committed.
Such is the view that will be taken of it, unless you do your duty fully and
fearlessly. You can know no criminal code, but the laws of Congress and of this
Territory. No person can commit crimes and say that they were authorized by
higher authorities. If such notions are entertained here, they must be dispelled.
(After which the Court gave the Grand Jury the usual instructions, as to the
manner of their organization, and the rules of law regulating the finding of
Indictments and their return into Court, &c.)


On Thursday, Friday and Saturday the examination of witnesses in the cases of
the murder of Jones and the Parrishes was continued, and many important facts
were elicited.
The writ of attachment issued by the Court in favor of N. Croesback, having
been served by him in person, the Court ordered that the marshal should take all
the property levied upon in this manner by the plaintiff, and return it to the
defendant, and that the plaintiff should pay the costs.
Sunday, March
Marshal Dotson returned from Great Salt Lake City to-day, having in his
custody Abraham Durfee and Joseph Bartholomew, two of the principals in the
murder of the Parrishes and Potter.
These men report that Wilber J. Earl, who was the leader of the murder, came
to them and told them that their lives were in immediate peril if they remained in
Springville, and that it was counseled to them to leave and go to Salt Lake City.
They, therefore, led by Earl, left in the night, and avoiding the road altogether,
traveled along the base of the mountains to the city. At the point of the mountain,
south of the city, instead of coming round by the road they crossed over the
mountain. When they reached Big Cottonwood creek their suspicions were
aroused in regard to the motives of Earl in leading them to the city, because he
was anxious to have them cross the creek at a particular point, which was out of
their way, and which was very lonely, and clothed with a dense thicket of willows
and underbrush. They refused to go there and cross; but soon after they had

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passed the Cottonwood, a man rode down from that point and passed on to the
city at full speed.
When they reached the city, they were met by a policeman carrying a gun,
who exchanged some words with Earl, and soon after a gun was fired close to
them, as they suppose for a signal. At the firing of this gun Earl told them not to
be alarmed, that it was nothing.
A little further on they met several policemen, all carrying guns who followed
them as far as the Council House. Here Earl left them and he had not gone far
when several me came up to him and commenced a low conversation. When they
separated from Earl they told him they were going to Mr. Stringhams, instead of
which they went immediately to the store of Messrs. Livingston, Kinkead, & Co.,
and claimed protection. They had but just got into the store when a number of
policemen walked past as they suppose to follow them. They have no doubt but
that it had been planned to put them out of the way in order to prevent the
possibility of their giving any information in regard to the crimes in which they
are implicated. Mr. Kinkead placed them under the care of Secretary Hartnett,
with whom they remained until the arrival of Marshal Dotson. They traveled the
whole distance from Springville by night; distance 60 miles.

Monday 28.
Court met pursuant to adjournment and adjourned to await the arrival of Mrs.
Parrish and other witnesses.
Deputy marshal Brookie returned this evening, bringing with him Mrs.
Parrish and two witnesses in the case of the murder of Jones and his mother.
The marshal reports that he experienced the greatest difficulty in discovering
the residences of any one for whom he sought, the inhabitants generally either
refused to answer his questions or else telling him direct falsehoods, sending him
away from the place for which he was seeking.
The Bishops of Springville, of Payson, of Lehi, and of this city are all gone, as
well as the President of this Stake.
The marshal searched the house of George Hancock, the Bishop of Payson at
an early time, but the bird had flown. Hancock was the principal actor in the
murder of Jones and his mother.
Four of the grand jurors who had been selected by the county court are known
to have fled to escape arrest, they having been implicated in these murders. The
father-in-law of another of the grand jurors has also fled; several of the others
have not called for their pay. These facts form a most striking commentary upon
the working of the law prescribing that the juries shall be selected by the county

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court, which was passed by the Legislature at its last session and which was
signed by Gov. Cumming.
Through the workings of this law the grand jury at the present session of this
court, was composed of the very men who were the most guilty criminals
engaged in the commission of these terrible murders of the past three years,
together with their relatives, friends and accomplices.
Recent advices from Cedar City and the other towns near the scene of the
Mountain Meadow massacre, report them to be almost entirely depopulated. In
Cedar City there remains but twelve families out of a population of between
eight or nine hundred inhabitants.
We are also informed that Ka-nosh is concentrating his tribe in that vicinity,
and has been joined by two other tribes from the south. The Indians are already
one thousand strong and express their determination to resist any attempt on the
part of the Americans to arrest any one in that vicinity. There are many white
persons now with them leading their movements.

Tuesday 29th.
This morning, at about 3 oclock, Marshal Dotson, accompanied by Deputy
Marshal Stone, and a civil posse of five men, and a company of the 2nd Dragoons,
commanded by Lieuts. Gordon and Livingston, and accompanied by Lieut.
Kearney of the 10th Infantry, (a requisition having being previously been made by
the Marshal upon Major Paul for this force), left this city with the utmost secrecy,
and proceeded to the town of Springville, the scene of the murder of the
Parrishes, of Potter, and of Forbes, for the purpose of determining whether any of
the persons for whom warrants have been issued were secreted therein.
Previous to the departure of the main body a small party were detached, and
proceeded rapidly to a point on the road where they stationed themselves in such
a manner as to intercept any express which might be sent to warn the citizens of
Springville of their approach.
Upon reaching the town it was immediately surrounded by details from the
company of Dragoons who were so stationed that no one could leave the city
unperceived of them.
The Marshal and his posse then entered the town, and at daybreak
commenced the search of all those houses in which it was suspected that the
villains might be concealed. The Bishops house was one of the first entered, but
no one was found therein except his ten wives. These received the Marshal with
very good grace, and in a most cheerful spirit, joking with him about the
fruitlessness of his search.

3/10/17 Page 48
After a thorough search, not one of the offenders could be found, and it was
discovered that not only those who have been already implicated have run off,
but also fully one half of the male inhabitants of the city have fled, leaving their
numerous wives and families at home, at the mercy of the Gentiles and of the
licentious soldiery by them so much dreaded.
After the guards had been removed from about the town, several of the
citizens invited the posse to breakfast, and all except the soldiers dispersed in
little parties to breakfast. It having been rumored that there was a large party
concealed in Hobble Creek Kanyon, a guide was procured, and the posse
proceeded up the kanyon (sic) some eight miles. The snow, however, here became
very deep, so that the horses could not proceed farther, and not the slightest trace
have been as yet found of them.
The Court met this morning at 10 oclock, and proceeded immediately with
the examination of Mrs. Parrish, and her son Orrin Parrish. I shall send you in a
day or two a complete history of this dreadful murder. The connection of the
church authorities with the murder is fully established by the testimony of
Durfee and Bartholomew.
It was not until the arrest of these men that the mass of those who have left the
southern settlements fled. As soon as they gave themselves up in Salt Lake City,
an express was sent down from there, giving notice of the fact, and stating that
they were going to turn States evidence, and this caused the general stampede.
The effect of this stampede of the dignitaries of the Church, has been to cause
a general spirit of disaffection towards the church among those who are left. Men
who have heretofore been staunch Mormons express themselves astounded to
find that those who they had looked up to as examples of honesty and
righteousness are now fleeing before a shadow; and they reason with much force
that it is guilt alone which makes them flee, for there is nothing to fear if they
have not participated in these crimes. The guilty flee when no man pursueth.
An express reached this city this afternoon, and distributed copies of the
Governors Proclamation, dated on the 27 inst.
The effect of this Proclamation has been to create a great excitement among a
certain class of the people; and it is openly asserted here that the militia are to be
called out shortly by the Governor to drive the troops from her by force, if they
are not called away by Genl. Johnston.
An Indian trader in town informed me that this afternoon he has been
besieged by persons who wished to purchase from him his powder and lead.
There is now no doubt as to which side of the fence Governor Cumming
stands on. He has joined himself heart and hand with Brigham Young and his
Bishops, to endeavor, even by force perhaps, to prevent the investigation of the

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dreadful, inhuman butcheries perpetrated by the Mormon church. The next thing
which we expect to hear is, that Brigham has determined to carry into practice
the doctrines which he once publicly preached from the stand in regard to
human sacrifices [you re-published it recently in the columns of the Valley Tan],
and that the Governor has called upon the army to assist Brigham in the
butchery of the victims. It will be just as reasonable and as appropriate as the
present action of his Excellency.
The following affidavit was this evening made by the witnesses for the
prosecution now present in this city, and copies were sent to the Judge and to
Gen. Johnston; -

Territory of Utah,
Utah County, ss
We, Albert Parrish, Henry Higgins, James OBannion, Leonard Phillips, Orrin
Parrish and James Gammell, do solemnly swear that we are and have been, for
several years past, residents of the Territory of Utah; that we were summoned to
appear as witnesses before the Unites States District Court of the 2nd Judicial
District of said Territory, which convened at the city of Provo, on the 8th March,
1859; that we possessed certain knowledge of various crimes which had been in
the past two or three years committed in said district, on account of which said
knowledge we had been so summoned; that on account of the participation in or
sanction afterwards of the said crimes, by the community in which said crimes
were committed, emanating as we believe from the authorities of the Mormon
church; we considered our lives and property in imminent peril from the
Mormon community, should we appear and testify to the facts within our
knowledge, unless a portion of the United States troops should (as they have
been) be stationed in the town of Provo, near enough the Court room to
guarantee safety, and that from the Mormon community we have received threats
of intimidation, in case we should divulge the facts concerning said crimes,
which have come to our knowledge, and which threats we believe would be
carried into execution but for the timely aid afforded by the Commanding
General in the stationing of troops, now and near this city; and further, we
believe our lives to be in danger henceforward without military protection from
United States troops. And further the deponents saith not.
(Signed) Leonard Phillips,
James Bannion
James Gammell
Henry Higgins
Albert G. Parrish

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Evan Parrish
Subscribed and sworn to before me this 29 day of March, 1859.
Associate Justice Supreme Court, Utah

WEDNESDAY. 30, 10 a.m.

Court met pursuant to adjournment of yesterday.
Judge Cradlebaugh made the following remarks in open Court, in regard to
the extraordinary Proclamation lately issued by Governor Cumming:
I have received a document from Alfred Cumming, Governor of this
Territory, which in its reading purports to be a Proclamation, while in the body of
the document it would seem to be a kind of protest. Instead of being addressed to
the General, Commanding the Department of Utah, it seems to be intended for
the public at large. Taking the whole thing together, it seems to be designed to
exasperate the people of this Territory against the troops, to obstruct the public
justice, and to excite insubordination in the Army.
In this document, Governor Cumming speaks of a company of United States
Infantry, being stationed around the Court House, in which I am now holding a
term of the District Court, and also of several additional companies of Infantry,
one of Artillery, and one of Cavalry, being stationed in sight of the Court House.
He also says that the presence of these soldiers has a tendency, not only to
terrify the inhabitants and disturb the peace of the Territory, but also to subvert
the ends of justice, by causing the intimidation of witnesses and jurors. He says
that this movement of troops has been made without consultation with him and
against the letter and spirit of his instructions.
In regard to his statement that the troops are stationed around the Court
House at Provo, I have only to say that the assertion is not true. They are
stationed near the Court House, and entirely on one side of it.
The additional troops referred to as being stationed within sight of the Court
House, are at least four miles distant. This assertion, must have been designed to
create a false impression, as to the relative situation of the Court House and the
In regard to the inhabitants being terrified by the presence of the troops, it is
proper to say that many of these are very much annoyed by their being here at
this time, but those who seem to be stricken with terror have fled the country on
account of crimes committed by them, and the fear of just punishment for their

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offences (sic). Among them are to be found several of he Jurors, Presidents of
stakes, Bishops and also civil officers of the Territory.
It is perhaps proper to say that the Grand Jury was selected by the County
Court, under a recent act of the Legislature of this Territory, which was signed
and approved by Governor Cumming, and that several notorious criminals were
members of it.
That none but those who are conscious of guilt are under the influence of
fear, is manifested by the fact that at all times, when the Court is in session,
the Court room is crowded by hundreds of citizens.
The assertion that witnesses and Jurors are, or have been intimidated by the
small military detachment near the Court House, is without foundation. While
the real fact is that witnesses have been threatened and intimidated by the very
inhabitants who are said to be so much terrified.
To such an extant has this been carried, that witnesses who appear and testify
in behalf of the prosecution, are compelled to seek safety under the protection of
the troops that are here, many of them having signed a petition requesting that
the troops shall not be removed, and representing that their security and safety
depended upon their presence.
In regard to the statement that the troop are here without consultation with
His Excellency, the Court has yet to learn that it is subservient to, and cannot act
except under Executive dictation.

Time was requested by the counsel for the defence (sic), in order to procure
their witnesses. They state, that the witnesses had been here, but had
stampeded. The Marshal has been after these witnesses several times already,
but they have fled and are not to be found.
The Court expressed its entire willingness to adjourn the Court from day to
day, and give the defence (sic) every possible assistance in its power in procuring
Mr. Wilson, the Territorial Attorney made a statement of a great number of
cases, which have come to his knowledge, and requested to know of the Court
whether it would proceed with the investigation of them. The Judge replied that
he would not examine any cases at this place, except those in which he had
already issued warrants. But he would devote his time at his place of residence
during the ensuing summer, until the Chief Justice arrives who will supercede
(sic) him in this District, to the investigation of all criminal matters within the
District, and hoped to be able to probe them to the bottom.
It will be recollected that by an act of the Legislature, passed at its last session,
Judge Cradlebaugh was transferred to the Carson Valley District, but he has the

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right to continue to act here, as a Committing Magistrate, until the arrival of
Judge Eckels who was transferred to this District.
The Police Marshal of this City rode into the hall of the Court House this
morning after the adjournment of the Court, on horse back. He was slightly
intoxicated at the time. This looks certainly as if the Court House was under
military occupation does it not?
Not a single soldier has entered the Court House on military, or other duty,
since they have been stationed there. The prisoners even, have always been
brought in, in the custody of the Marshal, and the soldiers have not left the
guard house.

PROVO, March 31,

SIR The last Deseret News states that the Grand Jury, discharged by me at
the present term of the District Court, at the city of Provo, protested unanimously
against their discharge and the language used to them. This is an unqualified
falsehood. No such protest was ever presented to the court or came to my
knowledge until I read of it in that paper. The Grand Jury dispersed very soon
after they were discharged; several of them had been engaged in the commission
of the very crimes they were investigating, and left precipitately, fearing that they
would be arrested for the murders they had committed. We will thank the church
authorities most sincerely if they will furnish the Marshal of the Territory with
information as to the locality of these protestors, for the Marshal, with several
vigilant deputies, have not as yet been able to find the least trace of their
Very Respectfully,


G.S.L. CITY, APRIL 12, 1859

The U.S. District Court at Provo has adjourned and we are again forcibly
reminded from the circumstances connected with its recent session, that all
attempts to administer impartially, the laws of our country, or even the statutes of
the Territory, in this community, by Federal officers, are vain and futile.

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The Mormons are determined to submit to Church authority only, and
consequently will use and make use of every stratagem, every artifice, and
unhesitatingly resort to any means to accomplish their designs, and to prevent
the assertion of the supremacy of civil law in the Territory.
Last fall, Judge Sinclair attempted to hold a session of his Court in this City,
but soon became convinced, that so complete a control did the Church
authorities exercise over his Court, that he was, by continuing the session of the
Court, merely subserving their own nefarious plans. The Grand Jury duly sworn
and charged by him, refused even to find an indictment against a criminal, who
acknowledged publicly, that he had first shot and then cut the throat of a poor
deaf and dumb boy ; this because he was acting under instructions from the
Church, when he committed the deed.
The Legislature then in session, refused to furnish the necessary means to
defray the expenses of the Court, and the maintenance of prisoners; - this
because they knew they could thus most efficiently put a check upon the
proceedings of the Court. The Judge was thus compelled to adjourn the Court,
and the prisoners confined under his authority, were released by an order of the
Probate Court.
At this time an unfortunate conflict of opinion between Federal officers, gave
encouragement to the Mormons in the course which they seem bent upon
pursuing. Alex. Wilson, the U.S. District Attorney, differing widely with Judge
Sinclair, in regard to the full intent of the Presidents pardon, assumed, that the
Mormons must receive whether or no a pardon which they never asked for , and
which they have ever spurned and rejected, although ungraciously complying
with its provisions; and therefore refused to take notice of their treason and
Judge Cradlebaugh, fully informed of many crimes committed in his
district, determined to hold a session of his Court this spring, trusting that by
avoiding the greater moral questions which must sooner or later be
adjudicated upon the Federal courts of the Territory, he would perhaps find
the community willing to sustain him in the punishment of crimes committed
in violation of their own code of laws.
As Judge Sinclair has been embarrassed and thwarted in his unsuccessful
attempt to administer justice in his District, by the failure of the Legislature to
provide means for the maintenance and security of prisoners; Judge
Cradlebaugh, satisfied that none had been provided in his District, wisely took
the precaution of exercising a right delegated to him, and made a requisition
upon Gen. Johnston for a small military detachment to keep and maintain

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In his charge to the Grand Jury, a Jury selected by the County Court, the Judge
pointedly and emphatically defined his views and position, and in order to
prevent any possible misunderstanding, called their attention plainly and
particularly to crimes committed in their midst.
We now find that in the teeth of positive evidence, this Jury, after a session of
two weeks, refuse to find any indictments, but endeavor to create delay in order
that they may accomplish the breaking up of the Court, by a scheme which in the
meanwhile is vigorously prosecuted. Every endeavor is being used, every
exertion made to procure the removal of the troops, and thus compel the Court to
Now to our great regret we find them again sustained and encouraged in the
deep laid plots by a Federal officer, Governor Cumming, differing widely, not
only with Judge Cradlebaugh, but also with General Johnston, in regard to the
extent of his control over the movements of the military force now in the
Territory, attempts to interfere directly with the judiciary in the exercise of its
legitimate functions, by assuming control of the military detachment, placed
with certain restrictions, under the direction of the U.S. Marshal, by Gen.
Johnston. He does this too at the solicitation of the Mormons, who by a
cunningly devised memorial, appeal to his official pride in a manner well
calculated to lead him into the grave error, into which, as have heretofore stated,
he has hastily and unwisely fallen.
Judge Cradlebaugh, however, determined not to be thwarted by such means,
adjourned the Grand Jury; and sitting as a Committing Magistrate, has himself
exposed and made public the crimes for which the Grand Jury refused to find
indictments, and has clearly set forth, and made apparent the urgent reasons
which induced the opposition on the part of the Church, to the sessions of the
U.S. District Courts, and also the means adopted by them to accomplish their
The effect of this decisive course of Judge Cradlebaugh, we have fully laid
before our readers in our columns. Four of the church executioners are now
fully committed and are imprisoned; the rest implicated, including all the church
leaders in that region and several of the jurors have fled.
We have now reached a most important crisis in the affairs of our Territory.
The judiciary are powerless to act, unless they seek the assistance of the U.S.
troops, and even with this assistance can accomplish but little; under the present
circumstances they cannot punish offenders or bring criminals to justice.
The majority of this community with blind and fanatical zeal in their religion,
combine to resist the execution of any law except such as emanate from their
leaders. Before the arrival of the army, they compelled by force and by extreme

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violence, the obedience of the minority depriving them of all of their rights as
American citizens; to secure this obedience they did not hesitate to commit even
publicly, the most atrocious and horrible crimes. Now they unite even more
firmly to resist the punishment of the perpetrators of these crimes.
In their purpose to sustain themselves with the assistance of the army until
some new provision is made, the judiciary have found themselves most
unexpectedly opposed by the Governor in a manner calculated rather to
strengthen the Mormon fanatics in their designs.
It is clear to our mind that the Judges have in this matter taken the proper and
only course, but still we do not find fault with Gov. Cumming merely for
differing in opinion with them, in regard to the extent of his authority, or the
construction to be placed upon his instructions. We nevertheless do believe that
he should have sent his protest to the proper Department at Washington, quietly
and unostentatiously. He would not have then sustained murderers and assassins
in their attempts to defeat the ends of justice, and would not have allied himself
with the leaders of the Mormon church. There is no remedy for the evils of which
he complains in his protest except at Washington; why, then, address a protest to
the world at large and the people of Utah in particular?
It is our firm conviction that if the Judges are not sustained and the army is
removed, we may bid adieu to all safety and protection of life or property for
American citizens in this, the heart of the American Republic.


The Valley Tan April 12 ,1859
Incident in Court at Provo: Another Victim for the Danites, or Destroying
Angels. The Valley Tan 12 April 1859, 2/2.

In summing up the evidence, in the case of the murderers of the Parrishes and
Potter, Judge Cradlebaugh said:
Until I commenced the examination of the testimony in this case, I always
supposed, that I lived in a land of civil and religious liberty, in which we were
secured by the Constitution of our country, the right to remove at pleasure, from
one portion of our domain to another, and also that we enjoyed the privilege of
worshipping G*d according to the dictates of our own conscience. But I regret to
say, that the evidence in this case, clearly proves, that so far as Utah is concerned,
I have been mistaken in such supposition. Men are murdered here. Cooly,

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deliberately, premeditatedly murdered their murder is deliberated and
determined upon by church council meetings, and that too for no other reason,
that they had apostatized from your Church, and were striving to leave the
You are the tools, the dupes, the instruments of a tyrannical Church
despotism. The heads of your Church order and direct you. You are taught to
obey their orders, and commit these horrid murders. Deprived of your liberty,
you have lost your manhood, and become the willing instruments of bad men.
I say to you it will be my earnest effort while with you, to knock off your
ecclesiastical shackles and set you free.
Just at this point in the Judges remarks, an elderly, gray headed man, who
was sitting in one of the front seats, and who was apparently engrossed with
what was being said, forgetting where he was, sung out in an audible voice, so
as to be heard throughout the dense audience, AMEN.
Query Will this impromptu expression of feeling, on part of the old man
furnish a victim for the Danites, or Destroying Angels?
The Valley Tan 12 April 1859, 2/3.

Next August an election for Delegate to Congress comes off in this Territory.
We know that our advice is not very well considered, but as the Church has it all
in its own way, we would again suggest the propriety of letting Father Bernhisel
repose, and send some younger and more vigorous man. The next session, as we
on a previous occasion observed, is going to be an important one, and
particularly to the Territories, and demands energy and ability. There are plenty
of men here who will suit the occasion, among whom we might mention the
names of Hosea Stout, John Taylor, Geo. A. Smith, S.M. Blair, James Ferguson, etc.
In this connection we have heard it rumored that Thomas S. Williams, Esq.,
proposes to take the field for Congressional honors.
(note: Thomas S. Williams was on the prosecution team and did most of the
leg work in interviewing Alvira Parrish. I think he is mentioned in the Journal
History as an apostate. He also wrote to the Valley Tan later in this issue).


Having been absent from the city for the last month, attending the session of
the U.S. Court for the 2nd judicial district in and for the Territory of Utah, holden
(sic) at Provo, I ask permission to publish in your columns the following remarks:

3/10/17 Page 57
I have noticed in the Deseret News a short article in regard to my argument
in the Parrish case (note - try to find this article!). I wish to inform the public, that
I have been employed by the surviving members of the Parrish family by the
consent of the U.S. Attorney, and approval of the court, to aid in the prosecution.
In consequence of the article above referred to, I deem it due to myself and your
readers to make the following statements:
So far as the article in the Deseret News speaks in regard to my assailing
the civil and ecclesiastical authority of this Territory any further than the
evidence justifies, it is false and a lie! As the evidence only reflected on the
Bishop of Springville, his council and the justice of the peace then acting, who
held the inquest over the dead bodies. For as the evidence shows, after Mr.
Parrish had exhausted every recourse in that county and precinct to recover his
property which had been stolen, he resolved to apply to the highest authority of
the Territory, which was at that time His Excellency, Brigham Young, but was
informed that if he attempted to leave that place for said purpose, he never
should live to see Brigham Young; and subsequent events prove that this threat
was fulfilled, as upon his endeavor to leave the place he was killed.
In my arguments I alluded to these facts, and stated that these vile murderers
were not content with robbing him of all he possessed and then preventing him
of redress, but for fear that Brigham Young, the only man in whom he had
confidence, or hope, would redress his wrongs, they deprived him of that by
taking his life. But we could expect nothing more than misrepresentation from
such a lying scribbler as J.V. Long, the reporter of the Deseret News upon that
occasion, than he would shade the truth and furnish a falsehood, especially when
he serves his personal ends. A man that would boast in the presence of American
officers, and he a foreigner by birth, that if he had been in Echo Kanyon (sic)
bearing arms against the United States, he would consider it an honor and not be
ashamed of it, which J.V. Long did, should be shown up and not accredited as a
faithful reporter.
On the day following the above empty vanity, Long was introduced as a
witness to prove the character and demeanor of a candidate, on application for
his final paper of naturalization, when I objected to his evidence, and introduced
Lieut. Dudley and myself to prove his disloyal assertion above mentioned, when
he partially retracted, and qualified them by saying, that he did not say it was an
honor, but he would not be ashamed of it.
Immediately after this, the Court adjourned for dinner, when he (Long)
informed me that he intended to give me hell, through the columns of the
Deseret News, - that he intended to garble my action and speeches just
sufficient to make me appear ridiculous, because I objected to his evidence. I

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refer the public to his Hon. John Cradlebaugh, Capt. Heath, Lieut. Dudley and
P.K. Dotson, for the truth of the above statement; and I would add further, that so
long as the people of the Territory are informed with such lying scribblers as the
aforesaid reporter has shown himself to be, so long they will have trouble. I am
satisfied that he has colored his reports for the purpose of crying persecution,
when there is no necessity of the cry, for so far as the military was concerned
they demeaned themselves properly, both officers and soldiers, so far as any
evidence in the above can (?) that I have heard or know of, cast no reflection upon
Brigham Young, or the leaders of the Church.
In conclusion allow me to say that I publish the above, not so much in
vindication of my own character, as to let the people know the false foundation
upon which the Editor of the News, formed his opinions of the aforesaid
investigation and trials, consequently the weight they should have with the
Yours. &c.,
(note The San Francisco Bulletin reporter mentioned the same exact thing that
the Deseret News was not reporting the Provo Court factually and intentionally
misconstrued the events).


The Valley Tan.
Single Copy for one year, $8, invariably in advance.



Alvira L. Parrish, being sworn, says, that a few days before my husband and
son were murdered, Wilber J. Earl and Abram F. McDonald, came to my house
about dusk in the evening, and took my husband out. My son followed, and
McDonald drove him back. Then I went out and crossed the street to my
nephews house and stood at the open window, the house being an unfinished
one, and heard McDonald tell my husband that he could never see his grey
horses any more. My husband replied, that if he would let him go to Brigham
Young, he would bring papers to show that the horses belonged to him and no
one else. McDonald said we dont care for Brigham Young, and if you start to see

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him you will never live to get there. My husband then opened his bosom and told
them if they wanted to kill him to do it now. McDonald said we dont want to
shed blood now.
On the Sunday following, after I heard this conversation, Mr. Parrish started
with Abraham Durfee from our house about two oclock in the afternoon, and in
the evening Mr. Durfee came back, and took my two sons out; soon after they left
the house I heard a gun fire. This was a little after dark, and shortly after that the
police came and searched my house for Orrin, and told me that they wanted his
body dead or alive. I told them he was not there, but Carnes, the Captain of the
police told them to search the house, and they searched it. I remained in the
house all night, much alarmed and very lonesome. I went to the door
occasionally and saw some men fixing a wagon, and passing frequently with
candles in their hands, from John Dailys house to the wagon. I saw the wagon
move off in the direction that my sons went. It proved to be the wagon that
brought in the dead bodies. G. McKenzie told me that he was ordered by the
Bishop to drive the wagon out, but did not know at the time, what he was going
after; that when they arrived at the place, they threw the dead bodies of my
husband, my son, and Mr. Potter into the wagon like dead hogs, and said: This
is the way the damned apostates go.
The next morning after this, my brother-in-law, Ezra Parrish came to my house
and told me that Orrin was at his house guarded by four policemen. He told me
to come over, but to be as calm as possible. I went over and found Orrin there in
bed guarded by four men. I knew none of the men but William Johnson. I stept
toward the bed to ask my son, if he knew where his Father was, but Mr. Johnson
jerked me away, and said if I wanted to talk, I must talk loud. I then asked him
loud if he knew where his Father was? He said he had not seen him. Soon after
that, my son Albert came and told me that his Father and his brother and Mr.
Potter were all dead in the schoolhouse. Soon after that they came over and took
Orrin over to the school house. I followed, but was so prostrated by the
circumstances that I was not able to go alone, but was assisted by my nephew
and brother-in-law. When I got to the school house, I heard them ask Orrin if he
had been an accessory to the murder. He stated on oath that he had not, and that
he did not know who did it. Orrin was at this time very much embarrassed. He
was discharged after they found that he knew nothing.
After the burial I was required to pay $48.00 for funeral expenses, before I
could get back my husbands watch, and other things he had with him. On a
second visit to the school house I noticed that a knife had been drawn through
my husbands left hand, the fore finger hung by the skin; his hand and left arm
were all cut up with a knife, a large gash in the back of his head. One of his

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suspenders was cut off, the knife pierced his body, then another wound lower
down and more in the front. There was forty eight holes in his coat all caused by
stabs; examined and counted them myself. Mr. Parrishs throat was cut from ear
to ear, his watch had saved him one stab, there was the mark of a knife on it.
There was four bullet holes in the left side of my son. My husband had a
territorial order in his pocket book when he left home called for $500; I never got
it back, when I got his pocket book it had a few jewels in it belonging to my sons,
a medal, a half dollar, a twenty five cent piece, the paper containing the
conversation between my husband, and Earl, and McDonald was in it, but it was
not returned.
This Spring, when Bishop Johnson of Springville, went to the Legislature, I
asked him why the horses had not been returned. Told him about ten yards of
linen which had been stolen. Mr. Carnes had taken the linen, and restored only a
few yards, the rest was missing. The linen was nineteen and a half yards to
make one shroud, not more than seven yards would have been required. Only
three and a half yards were returned. Asked the Bishop about the Territorial
order; he said, he had it probably among his papers, and would give it to me if he
could find it. He never gave it to me.
Mr. Dibble, who was on the coroners inquest, said, that when he examined
the pocket book on the inquest, he saw no papers of any kind.
I went to Salt Lake City in July 1857, to see Brigham Young, in accordance with
a promise I had made my husband. Brigham told me he knew nothing of the
affair. Springville was fifteen years ahead of him. He would have stopped it, had
he known anything about it. I asked him about the horses; he said, he would do
everything he could do, to have the horses restored to me, he would write to me
after seeing Mr. Bullock and others. Told him Gee had possession of the horses,
and that he had said nothing but an order from Brigham could get them.
Brighams clerk put down in a book what I said. Brigham never wrote to me. I
went to see him this winter, he wouldnt see me; It was between Christmas and
New Year. Couldnt see him. I went to Brigham Youngs office about 8 oclock in
the morning and sat there till 4 oclock in the afternoon. His clerks were present.
At 4 oclock I was told that I couldnt see Brigham Young that day, but next day to
call and see him between 8 and 11 oclock in the morning. I came next morning,
and was told I couldnt see him, that he saw nobody. Mr. Sharp, chief of police in
Salt Lake City, when I was going out called me back, and asked me, what I would
do about it; I told him I didnt know. I went to John Youngs, from there to Mr.
Longs, and noticed Mr. Sharp and one of the clerks following me, they called
after me, they said I should wait till the soldiers had left, and I would get back

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my horses, and fourfold with them. It would be best for me to drop it. They told
me to go to Bishop Hunter and try to settle the matter. I would not go.
The first day I was in Brighams office, I was told by the clerk, Brigham Young
dont want to see anybody, such business should be put into the hands of the
bishops to see Bishop Hancock, Bishop Johnson, and Bishop Roeberry, and they
would settle it. The clerk said, Brigham had told him to tell me, he did not want
to see me.
There had been public preaching at Springville, to the effect that no
apostates would be allowed to leave, if they did, hogholes would be stopped
up with them. I heard these sermons myself. Elder Hyde and President Snow,
and others, preached that way. My husband was no believer in the doctrine of
killing to save, as taught by the teachers.


Orrin E. Parrish, being sworn, says: He was 20 years old last July; lived with
his fathers family in Springville in March, 1857. Family consisted of father,
mother, and six children. Eldest brother, William Beason, aged 22. Witness next
lived at Jas. OBannions house, double house; we lived in one end, OBannion in
the other. We came here from Council Bluffs.
Father, brother and Potter were murdered on the evening of the 14 th March,
1857. About a week before the murder, Wm. Johnson, Mr. Metcalf, and a person
whose name witness does not recollect, came to fathers as teachers, and
questioned father about his religion, whether he prayed, and what he intended to
do; dont recollect all that was said, but they didnt seem pleased with fathers
A night or two after, our four horses and carriage were stolen; they were in the
stable of the lot where we lived. We found two of the horses before fathers death
in Kim Bullocks stable in Provo; got them back, after fathers death, from the
Bishop. Bullock said they were brought and put in his stable at night, and he did
not know who by. Lysander Gee, of Tooele City, has the other horses. Saw him
driving them last fall in G.S.L. City, and riding one of them, and another man the
other, in Echo Kanyon (sic), five or six days after fathers death.
Two or three days before the murder, Wilber J. Earl and Abram T. McDonald
came to our house, called father out, and went across the street behind an
unfinished house belonging to cousin. Witness started to follow, but was driven
back by A.F. McDonald, who said they wanted to talk privately to father. Mother
went over into the house, and returned in about ten minutes. Father soon after
came in. Father afterwards wrote on a piece of paper what was said to him.

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Witness thinks it read about as follows: - Abram F. McDonald and Wilber J. Earl
says that I (William R. Parrish) will never see my grey horses any more, and if I
start to the city to see Brigham Young I will never live to get there.
Abraham Durfee was at our home frequently after the 1st of March, and up to
the time of the murder he lived half a mile from our house. Pretended to father
that he could not stand Mormonism any longer, and that he wanted to get out of
the country. Durfee and Potter were there most every day. The arrangement was
finally made that father, brother, Durfee, Potter and myself were to start on
Sunday night, the 14th March, 1857. They talked the matter over, and concluded
that it would not be safe to start in daytime; if we did we would be followed and
killed as apostates. It was arranged to go out after dark, and meet about a quarter
of a mile south of the city wall, at a corner of the lane fence.
Durfee and Potter were at our house at 10 oclock on the Sunday of the
murder. Durfee was there also at 2 oclock, at which time he and father left,
directing us boys where to meet after dark. Durfee came back before dark, again
after dark, last time said father sent word to mother to send us out, whether
ready or not. Durfee and brother started; I remained at the door talking to
mother a minute or two, then overtook them; we went out through the south gate
of the city wall. Two persons followed us on the street; did not talk much. Brother
and I carried bundles of provision and ammunition.
Durfee left us at the gate, said he was going home to get his gun; directed us to
go to south west corner of city wall; went as directed. Saw no person; heard them
inside the wall. Durfee came to us, had his gun; asked brother to go with him to
get some things that he had said he had hid out during the day; returned to me
in ten minutes. Durfee said he could not find the things. While they were absent
a gun was fired apparently about the corner of the lane fence where we were to
meet. When they got back I asked what it meant. Durfee said some Indians might
be camped down there; then he said it might be a signal from father or Potter. We
then started a south east course toward the corner where we were to meet.
Crossed the fence one or two hundred yards north of the place into the road.
After we got into the road, Durfee called out Duff, Duff, Duff, three times;
Potters name was Duff.
We then stopped and looked to the fence on the east side of the road. No one
answered. We went on towards the corner, when within fifteen or twenty feet of
the corner, a person at the corner called out Durfee three times; Durfee answered.
Immediately a gun or pistol was fired; brother Beason fell (Beason is brother
Williams middle name). I was nearest Durfee, brother farthest away and a head
of us. Durfee had a blanket and a black hat on, had a gun and revolver. Brother
had a back hat on; Durfee knew we had no arms. Durfee said, My G*d, what

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does this mean. Witness was close to him but stept (sic) away. Durfee drew up his
gun, and pointed it at witness and bursted a cap, the gun failing to go off.
Witness went further off from Durfee. Another gun then fired at the corner of the
fence; then two or three other shots were fired, one ball passed through a
cartridge box witness had on (cartridge box shown, with ball hole in it).
Witness jumped fence and ran for the city; climbed the wall at a place where it
was low about 7 feet high, and was severely injured getting off it; when he
crossed Hobble creek, heard person behind ask which way he went. Witness run
(sic) to his uncles house; some ten or twelve men were standing in the street a
little to the left. Witness got in so quick they could not catch him. Uncle, aunt and
cousins at home. Told them that Beason had been shot. Asked uncle to go and see
if he was alive. Uncle was afraid to go. Got Robert Brooks to go. Brooks went;
returned in a short time (20 minutes), and said he went to the south city gate, was
there met by a lot of men who told him to go back if he wanted to live.
Half an hour after Brooks returned, Wilber J. earl, H.H. Carnes, Daniel
Stanton, Sanford Fuller, Andrew Wiles, and a man by the name of Curtis, came to
uncles; Carnes asked for me, said he wanted me dead or alive. Witness was sick
from hurt in jumping the wall and had laid down in bed; made me get up to see
if I was shot. Told him I was sick; got up, set in chair; felt my shoulders and arms,
and examined me to see if I was shot. Said he had a writ for me, and I must go
with him. Aunt said I was sick and not able to go. That no matter; when they took
me, she would follow them, and that they could guard me. In the morning, John
Daily, William Johnson, and a man I dont recollect were there as a guard. Ten or
eleven oclock, was taken by John Daily and others to the meeting house. John M.
Stuart acted as justice of the peace: twenty or thirty men there. Durfee and I were
sworn. Durfee was examined first; dont recollect all he said; he said he snapped
a cap at the enemy. I told them I knew nothing about it more than Durfee had
stated, that I saw no body, but saw something dark towards the corner of the
fence. My uncle got a chance to speak to me in the morning, and he told me to
say that I knew nothing; said if they found out that I knew anything, they would
kill me. That was the reason I testified that way. They discharged me. The voice I
heard at the corner of the fence calling Durfee, was Carnes voice: he has a
peculiar voice; I knew it well, and cannot be mistaken. The dead bodies were at
the meeting or school when we were sworn. Father laid in the middle, his throat
was cut; body was covered up. Brother fell forward when shot on his hands; five
or six shots fired; four ball holes in brothers coat, entering on one side of the
breast, and coming out the back. (Coat produced and identified). Never
suspected Durfees treachery until he pointed the gun at me. Heard father say

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that Durfees life had been threatened. Eight oclock in the evening when they
were murdered.


The following is the examination referred to by Orrin E. Parrish in his
testimony; it is copied from a loose sheet of paper in the docket of John M. Stuart,
and must satisfy any reasonable person that the anxiety manifested by the
diligent police in searching for Orrin placing a large guard over him when
injured and scarcely able to get out of bed; treating him as a criminal in custody;
not allowing even his mother to speak to him, unless she spoke loud; taking him
to the school-house as a prisoner, and then swearing him and Durfee; was for no
other purpose than to find out if he could identify any of the murderers. If he had
said he knew any of them. No doubt he would soon after have been killed by
assassins to the jurors unknown. EDITOR.


Held in the School-house, Springville, March 16th, 1857
Said court was held to inquire into the reasons why Abram Durfee and Orrin
Parrish should be held in custody of the police.
H.H. Kearns, captain of the police, was called, and stated that Cyrus Sandford,
city marshal, delivered into his custody Abram Durfee, who had stated that he
had reason to suppose that certain men had been murdered south of the city, and
he also said that the young man Parrish was in company with him, and believed
he had also come into the city. I directed his arrest, that he also might be in safe
keeping until the proper investigation could be made.
Abram Durfee, having been sworn, stated that it had been arranged between
myself and G. Potter and the Parrishes, that they would leave the country that
while in company with the two sons of William Parrish left the city by the west
gate, and proceeded to the south west corner of the fort wall; he had arranged to
meet with Potter and Parrish at the corner of Childs field; they were to go on
before. When we reached the corner of the wall, we heard a gun fired. I thought it
might be Potter and Parrish firing a gun off to let us know their whereabouts. We
went on, and when we got pretty near the corner of the field, I spoke and called
Potter, but no one answered. I spoke again, and some one spoke; I dont know
whether it was Potter or not. I did not see any body, only the two boys, this one
that is here and the one that fell. I should not have seen any body ten feet off, it
was so dark. A ball passed just in front of me; at the first fire I saw the boy fall. I
cannot tell how far it was from the corner; I should not think we were ten feet

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from the fence. I do not know whether the boy that fell went away or not, I did
not see him more. I ran from the spot when I heard the fire, and saw him fall; this
was about 7 oclock in the evening.
Orren or Oran Parrish, sworn, said he went out with his brother, as Durfee had
stated. On the first gun my brother fell; there were four or five guns fired after. I
dont know whether I saw any person. I saw something black. I ran off after the
first fire I saw my brother fall.
The court decided that there was no just cause to hold the men in custody any
longer, and that they be released.
Prisoners discharged.
P.S. Durfee also said that he had no idea of any one being aware of their
intention of leaving the place.
(Signed) P.M. WESTWOOD, Clerk.


Territory of Utah,
Utah County. ss.
Joseph Bartholomew, of Springville, in the county of Utah aforesaid, being
duly sworn, deposes and says:-
Duff Potter came to me and notified me to attend a meeting at Bishop
Johnsons, about the 1st of March, 1857.
In pursuance of that notice we met at Bishop Johnsons, in a private council
meeting. I do not recollect what was done at this first meeting; there was merely
some talk about persons leaving and matters and things connected therewith, of
which I do not remember the particulars. In about a week after that they met
again, and at that meeting Potter and Durfee were dropped off or selected for
the purpose of finding out what was going on.
At the meeting the conversation was about the Parrishes and about persons at
the Indian farm. The meeting was called to enter into arrangements to find out
what these persons expected to do. This is what I understand was the purpose of
these two meetings. I did not attend any meetings after this. At this meeting it
was not known what the Parrishes intended to do, and nothing was detected on
in regard to them. Bishop Johnson made a remark however, that some of us
would yet see the red stuff run. He said he had a letter, and the remark was
made by some one that dead men tell no tales. I do not know whether any
other meetings were held or not.
The same night that the Parrishes were killed, at about nine oclock, I was
notified by Carnes to go home and get my gun. I asked him what was up. He said

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there was enough up. I was just returning from a public meeting which had been
held that night; they did not tell me what they wanted with me. Bishop Johnson,
Lorenzo Johnson, A.F. McDonald, Mayor; John M. Stewart, Justice of the Peace;
Andrew Wiles, William Bird, Lorin Roundy. Simmons Curtis, Abraham Durfee,
Duff Potter and myself were at the council meetings, and other persons I do not
remember the names of. There were at least 15 present.
I went and got my gun and came back and was told to take my post and watch
west of the Parrishs house 3 rods. I was told to stay there and watch if Orrin
Parrish came back. I stayed there some 10 or 15 minutes when I was notified to
repair to the school house; I dont remember who notified me.
When I got there, there was a company formed there with a wagon and a
team. We were ordered to march south, down the lane, formed as a guard in
front of the team; I did not know at that time for what purpose. When we gout
out at the south gate I learned then what was up. When we reached the bodies
we were formed into two companies, one to go to the south east and one to the
west. I went to the west side of the street from where the bodies lay. They were on
the east side and we were on the west side. The street is 8 rods wide. The
companies were divided before we came to the bodies. There were two persons
beside myself in the company I was with and about three in the other. There were
some 10 or 15 altogether that went out. Of these I remember the following: A.F.
McDonald, John M. Stewart, Philo Dibble, Geo. McKinzie went as teamster; Davis
Clark, Simmons Curtis, John Daley, Moses Daley jr., and John Curtis. Carnes, the
captain of the police, called us together and told us to start out.
While I and the two with me were standing as guard, the others went and
found the bodies. When the bodies were found we were called together and I saw
the bodies of Potter and Wm. Parrish lying side by side. The body of Beason
Parrish was lying about 50 yards to the south east of the other bodies, from the
corner of the fence.
The bodies were put into the wagon and taken to the school house. The bodies
were searched and a note taken from of the effects found on the bodies, the
pocket books, knives, &c.
A guard was put around the school house that night. I was called to take
charge of the house and to wash the bodies and lay them out. Edward hall and
Thomas Cordingly (since dead) assisted me.
Old man Parrish was cut all over with knife wounds. His throat was cut on the
left side. He was cut at least fifteen times in the back, in front, on the arms, the
hands, in fact all over.
Potter was shot with three balls on his right breast below the nipple, probably
with a shot gun; there were no knife marks about Potter.

3/10/17 Page 67
Beason Parrish was shot through the left arm with 4 balls, passing through the
arm and coming out near the middle of his back. They may have entered at his
back and come through the arm; they were nearer together on his back than in
I was invited by Sanford Fuller to go and participate in the killing of Henry
Forbes. He told me that there was such a thing in contemplation and wanted me
to go with them, which I declined doing.
About two days after that, Wilber J. Earl spoke to me and told me that the job
which they contemplated was done, and if I had a went he wouldn't have had to.
He charged me not to tell it, and I am now under the threats of death for doing
so. I never saw the body. Some four or five days after Coles told that the Indians
had found the body somewhere between there and Provo.
There has been several attempts to put me out of the way. Last fall was a year
ago I was called up to go with four men up in the kanyon to look for some valley.
When we got to camp one of the men asked me to go with him to hunt bear.
Their plan was for him to lead me round to a place where the others would kill
me and say it was the Indians.
As I went out however, I could see their maneuverings and I suspected
something; so when we got on a piece I left him, and going another course
returned to camp. When I got there I found the men with whom I had started,
and the others were all gone. When the other men came back they saddled up
their horses, and went to more convenient camp. Abraham Durfee, Wilber J. Earl,
Nelson Spafford and Lehi Curtis were with me.
In the night, after dark, they tied my horse in an opening where the light of
the fire would shine on him. When we went to get our horses they said they
would take their guns. I said would take my gun too, and went out, but took care
to keep out of the light of the fire. I found my horse tied, but got him loose
without getting into the fire light. They then wanted me to come where they
were, but that would have brought me into the light, but I refused and tied him
elsewhere. The guards were arranged so that Spafford and I were on the first
guard. I watched them all very narrowly and satisfied myself from their
movements that they had determined to kill me; so making some excuse I went
out with my gun and ran off. After traveling some time I laid down and slept; the
next day I traveled through the brush as much as possible. Towards evening,
however, I was headed by four men on foot and chased by them until dark. The
next morning I found some men getting wood and came home with them. When
I got back I met Earl and the Bishop, and they told me I was crazy that nothing
of the sort was thought of.

3/10/17 Page 68
It all passed off well enough until two weeks ago, the second time that
marshal Dotson came to my house; then Andrew Wiles and Sanford Fuller came
to me and told me I must go into the mountains. I started from Oliver McBrides.
The two McBride boys, (Oliver and Harlin) and the two Curtis, (Uriah and Lehi)
Wm. McBride and Wm. Johnson, were at the house. Two of them followed me
until I went up the mountain about rods; I then stepped to one side into a little
kind of a kanyon and then got away up among the rocks till they passed by and
lost me; I then came down the mountain again and went about a mile north and
went up Rock kanyon.
This was on Friday night; on Sunday night I came into town and went to Uriah
Curtis; there they notified me again that I must go to Wilber J. Earl and Abraham
Durfee. I was notified by Wm. Johnson, the marshal, by Uriah Curtis, Harlin
McBride, and Wm. Bird. We then proceeded, Oliver and Harlin McBride and
myself, out to where Earl and Durfee were, up Hobble creek a piece. As soon as
we got there Wm. Bird and U. Curtis came to us with an express that we must go
to the city. They would not tell who the counsel was from, but said it was
counsel; and we were not to be seen by any living being, but was to travel at night
and lay by in the day time and keep to the mountains.
We started and traveled along the mountains, and camped the first morning
between battle creek and the mouth of Provo kanyon, up in a little canyon. The
next night we crossed over the mountain, near Mountainville, and camped the
next day at Dry creek, in Salt Lake Valley. There Wilber J. Earl began to get
uneasy about noon and wished to go on. Durfee and I opposed it, but Earl would
go on, and we finally consented; then instead of obeying what Durfee and I
understood as counsel, to keep out of the sight of men, he took a straight course
for Cottonwood Fort. When we got within a half mile of the Fort, Earl took off his
pistol belt and buckled it on again so that his pistol would be right in front, and
then wanted us to go up in the willows above the Fort and wait there until night.
It had been snowing all the time since we started and was still snowing.
Durfee and I believed that there was a plan laid to kill us right there and we
would not go, but determined to go past the Fort. When I got opposite the Fort I
stopped and asked them whether they intended to kill and butcher me, and told
them that I believed that was their intention. They both denied it positively, and
Earl said I must be crazy again. About a mile past Cottonwood Fort a man passed
us riding at full speed on horse back. He rode at full speed until he got out of
sight. When he passed us he did not look at us or notice us at all.
At Big Cottonwood we were tired of carrying our blankets which were wet
and heavy and left them at a Blacksmiths shop. We went on to Gardners mill
and from there we turned right west though the willow patches. Earl wanted to

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go that way and would go no other. We went across until we came to a dam to
turn water into a mill race, and here we saw a man sitting down and when he
saw us coming he raised up and then slipped own again behind the dam out of
sight. As he raised up we saw the breech of a gun. Abraham Durfee then stopped
and said to Earl, Wilber Earl, have you anything against me? Wilber said he
had not and raised his hand and said he had nothing against either of us. He
seemed to become very much excited. We turned and went back a piece and
crossed the race and went on and struck into the first street east of the State road.
We then went up that street into town.
At the corners of the first cross street there were men posted at each corner.
There W.J. Earl made a sign with his hand for them to round us. They then
started one way and we went another around the corner. We would not go the
way Earl wanted us to go, but kept him with us. At the next corner we turned
north and then at the next corner two men were stationed in the same manner as
at the first corner, which we supposed were the same two we had met before.
Here Earl put his hand to his pistol and then made a motion by putting his hand
to his forehead. One of the men whistled.
We went up this street until we got to Brighams House and then turned west
to the Council House corner. Here we stopped right in the street, Durfee saying
that he want to go to Stringhams. We talked about it and Earl seemed willing to
have us go. He said he did not want me to go with him and the feelings which I
had towards him. Durfee and me then started down towards Kinkeads. Wilber J.
Earl started on west down the street. A man followed after him and when we saw
him last there were three men talking with him. We went to Kinkeads store and
told Mr. Kinkead about our case and told him we wanted protection until
morning. He took us over to the Secretarys; Mr. Kinkead and his clerk went there
with us. We claimed the Secretarys protection.
There was a gun fired close to us when we entered the city.
I have heard it said that apostates running off would never get further than
the Muddy creek.
I dont think the killing of Potter was intentional, but that he was killed
through mistake. He was the one who notified me and was a leading man.

Sworn and subscribed before me on the 29 day of March, A.D. 1859.
Judge 2nd Judicial District.

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Bartholomew was afterwards examined as a witness and made the same statements,
and in addition said: -
Durfee and Potter were set off by council meeting to watch Parrishs; saw John Daley,
about the public meeting on the Sunday night of the murder; he did not go into the house.
Council meetings were held in the upper room of Bishop Johnsons house; confident he
saw McDonald there. Bro. Carnes called on witness and ordered him to get his gun on the
night of the murder. Carnes called out the company; does not know that any person was
sworn when we took up the bodies.



2 Judicial District, Provo City,
Utah County,

Abraham Durfee, of his own free will and accord, and without being
influenced by any promise of any kind, by any person whatever, or of the hope
thereof, now this first day of April, A.D. 1859, comes before Judge Cradlebaugh,
and makes the following confession, viz:
I am thirty-four years old, I have resided in Springville, Utah County, U.T.,
since the spring of 1851. I came from Iowa in 1850. In Springville, I was farming
part of the time and part of the time attending a saw mill and working at
millwrighting (sic)
I was notified of a council by Wilber J. earl in the month of January 1857; he
told me he wanted me to come to the Bishops house that evening, and he said
there were a number of persons in the room. I went, and there were a number of
persons in the room, it was in the upper room of the Bishops dwelling house, in
Bishop Aaron Johnsons house. The Bishop was there, A.F. McDonald, Wilber J.
Earl, Abraham Durfee, Andrew Wiles, and Lorenzo Johnson. Wm. Bird and
Gardner G. Potter and Joseph Bartholomew. Simmons Curtis and Lorin Roundy
were there, and there were a number of others whose names I have forgotten. I
do not know what the meeting had been called for; there were matters talked of
concerning people going away. Some individuals were mentioned by the
Bishop; he stated that he had instructions in regard to them. The Bishop said
he received a letter which he had in his hand. He said he supposed that was
sufficient for us to know, that he did not wish that any inquiry to go any
further back than to himself. He stated, that there sere some individuals at the
Indian farm who were about to leave; he said he wanted them watched, and

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wanted someone to see when they would leave, he said there was word that they
were going to steal some horses and their (sic) going to leave the Territory. That
was about all I recollect that transpired that night. The understanding was that
the persons there were to watch generally for persons going away.
There was another meeting in the neighborhood f a week or longer cant say
exactly. I was notified by some person to attend that meeting, that meeting was
held at the same place at the room. It was some three weeks before the Parrishes
and Potter were killed. The same persons were at this meeting that were at the
first I have spoken of. N.T. Guyman was at this meeting; Bishop Johnson
presided. There was something this meeting mentioned about the Parrishes,
that they were going to leave the Territory. The Bishop said there were some
demands against them, for debts they were owing, he did not state the debts. It
was mentioned either by the Bishop or McDonald, I dont recollect which, to have
some one to find out when the Parrishes were going to start; they nominated or
named persons to know when the Parrishes were going to leave. My name
(Abraham Durfee,) was mentioned, and I objected to it; then they mentioned
Potters name; and then the Bishop decided that both Potter and myself should
try and learn when the Parrishes were going to leave the Territory. The Bishop
said he did not wish any one to decline when they were called upon. I then told
the Bishop that I would do as well as I knew how, and Potter assented to the
same; I cant recollect that Potter made any reply.
There was considerable talk about other matters, but I cant recollect what it
was. I saw Potter several times through the course of the week following. I talked
with Parrish that week, and several others who were going away, and I went, I
think it was that week and did some work for him. Parrishs horses were not
mentioned in the meetings I have mentioned.
In the course of that week, Parrishs horses were taken, and Parrish came over
to see me in the morning; he told me that they had taken all his horses; he wished
me to help him hunt them up. I went with him to his house; we went from there
to John M. Stewart, the Justice of the Peace he got out a search warrant, and went
to find the constable, Cyrus Sanford, he was not at home, and I went back to the
Justices with Parrish to get deputized to serve the warrant and the Justice
refused to do it. Parrish and I went back to Parrishs house, and Potter he came
up to Parrishs, and Potter took the papers, I mean the warrant; then Parrish and
Potter started for Provo.
This is about all that transpired before the next meeting, that was held the
evening that Potter returned from Provo, having gone there after the horses, but
returned without them. I dont think I was at this third meeting. Potter told me
that he went to this meeting after he returned from Provo. He told the meeting

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that he found one span of the horses; I asked him what they said about the
taking of the horses; he said that the Bishop told him, that Parrish or his son
was owing Bullock something in regard to an order that Parrishs son had
traded to Bullock, and that he, the Bishop, wanted those horses placed where
they belonged to answer the demand.
That evening at the meeting, Wilber J. Earl and A.F. McDonald, were
appointed to go and tell Parrish that he should not receive those horses, this
was told to me by Potter. Parrish the next day told me that he had given up all
hopes of getting his horses, and they were gone. Parrish told me that he had
seen the Bishop, and he had agreed to have the horses that had been found at
Bullocks in Provo, brought back and put into the custody of Cyrus Sanford,
the constable.
Parrish, after this had transpired in regard to the horses, proposed leaving
right away; he wanted to know if Potter and I would go with him; I told him we
would. Potter said he would go too. Parrish made arrangements to start, I think it
was the Saturday before the murder, I cant recollect the day exactly. Potter told
me before this, a day or two, that they aimed to bring them, the Parrishs back, if
they started, and I went to Parrishs the next Sunday morning, and they had not
gone yet. Parrish told me then that he had expected to have started the evening
before, but the police watched the house so closely that he could not go out of
doors. Parrish said he wanted to go that day, or that evening; but he said he could
not get his things out so as to start in the day time. Potter came into Parrishs
while we were talking, and he proposed that he would take Parrishs things out.
Parrish got some things for Potter to take with him, some gloves, bridle, a gun,
and some tape, and some things which I dont recollect. Parrish took the gun a
part (sic) and gave it to Potter, and Potter said he would take care of them, and
bring them to him.
Parrish proposed that he would start out in the daytime, on account of the
police, and he wanted me to go with him; we started off together, and when we
got outside of the house, I asked him if he was going to take his gun, he said he
would like to have his gun, that he had given Potter one, and he had another one
in the house, and he sent me back to the house to get the gun, and then we
started off together; we went up the street, East to the edge of the City, and then
turned South, and went to the East gate, after passing through the gate we went
South and crossed Hobble Creek, till we came to Dry Creek, Parrish stopped
there and said he would stay there, and asked me to go back and bring the boys,
Orrin and Beason, out to him, they were to meet on the State road, near the
corner of a fence; they were to meet there after dark. This was a little while before
sun-down, and I went back to Parrishs house, and told the boys that their Father

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said he wanted them to come to him as soon as they got ready. Potter, while I was
there, came to the house or yard, and wanted to know of me which way we were
going, that he wanted to carry the things which had been given to him by
Parrish. Potter said that he expected that Parrish and his boys would be brought
back. I told Potter we were going South to come on come on to the State road,
south of the field. Potter then started off, and I went into Parrishs house. The
boys, Beason and Orrin, got their things, and we started and went South till we
came to Centre street, then we turned West, and passed through the West gate,
and then turned South, till we came to the Fort, corner of the City; we stopped
there for a few minutes to look for some things that I had left there, and my gun.
While we were there we heard a gun fired; the boys asked what the gun was fired
for. I told them it was Potter of their Father who was waiting for them, and the
boys said, then we had better go on; we started and went a south-east course
across the field until we came to the State road. We got into the State road and
traveled south, and when we came to Dry Creek or Dry Hollow, I spoke for
Potter, I called Duff, and no one answered. We traveled on until we came near the
corner, and I called Duff again, I think twice. I heard some one speak, but I could
not tell by the voice who it was, it was a very low sound. Just as the person spoke
there was a gun fired near the corner of the fence, the ball hit Beason Parrish. I
and the two Parrish boys were walking together abreast. I was near the fence, and
Orrin was next to me, and Beason was outside near the middle of the wagon
track. Beason was west of myself and Orrin, and the shot came from the south-
east; the shot struck Beason and he fell; I sprang back to the right, and Orrin
passed behind me, I spoke out at the time, but I dont recollect the words I said.
Beason made some noise after he fell; then they fired again from the fence, and I
started to the west into the hollow, where it crosses the street; Orrin started back
North. While I was in the hollow I saw someone who started after Orrin, this
person sprang from the fence just as I was going to the hollow, as he came into
the street partly on the run, he shot, from the flash of the gun it appeared to be
pointed North. This person called me, he said: Durfee, you need not be afraid, it
was all right he started right on then towards the City. I went into the City
through the South gate. After I got into the City, this man that I saw in the road
with the gun, came to me and said he had done the job; he said that I need not
be afraid of him because he said he would not hurt me. This man was William
Bird. I went on till I came to the bridge, and met Cyrus Sandford, and I told him
there had been some shooting, that I believed Beason was shot, and Sanford then
took me into custody, and took me to the Bishops yard, and called for the
Captain of the police, M. Carnes, and delivered me into his charge, and I
remained there until about 11 oclock at night.

3/10/17 Page 74
William Bird, after I left him went right into the Bishops house. Birds clothes
were some bloody; I dont know what went on the balance of the evening. Bird
washed the blood off his clothes, and he and Wilber earl went away soon together
from the Bishops. I saw the blood on Birds clothes. William Bird told me a short
time afterwards, that he was called on by Potter to go out there with him, and to
do this deed, that has been committed; he did not tell me who was with him, but
Potter and himself.
Sanford Fuller, a month or two after, told me he had been called on to go, but
did not go, he said Potter had borrowed his gun to go with Bird, --told me that
after we went out with Potter, that Potter went and found Parrish, and that they
came down to the corner together, and that he, Bird, was lying in the corner of
the fence; as Parrish and Potter walked along the fence, he, Bird, said he shot
Potter, whom he supposed to be Parrish; that after he, Bird, had shot, he got up
and stepped out to where Parrish stood, and Parrish spoke and wanted to know
if was him that had shot, he said that Parrish had his gun in his hand and laid it
down, and they Parrish and Bird clinched together. As they clinched, Bird drew
his knife, and worked the best he could in stabbing Parrish. Bird said, after
Parrish was down he gave him a lick, which cut his throat. He never said
anything about any other persons being there, helping him. Bird said, after he
got through with the old man, he took Potters gun and his own, and got in the
corner of the fence again, to be ready for us. He said he lay there till we came up,
the two Parrish boys and myself. Then he said he fired; and he saw one fall; he
said that he was afraid that the person he had shot would run off, and he fired at
him again.
When Orrin and I started, he said he came out from the fence and shot at
Orrin; he said he saw me, or supposed it was me, when I ran into the hollow; he
asked me if I heard him call for me, I told him I did; he wanted to know why I
did not come to him; I told him I did not like to, that I did not know what it
meant in regard to their shooting.
The next morning after the murder I heard Bishop Johnson and Bird talking
together, and he blamed Potter and Bird for not going further away with them,
the Bishop said he wanted I should be satisfied about the affair, and not tell who
was in it, that if I did they would serve me the same way. I did not know the
Parrishes were to be killed. I supposed from what Potter told me that they were
to be brought back.
In the second meeting which I attended Bishop Johnson said there was some
of them that would see the blood run. It was William Bird that called me Durfee.
Bishop Johnson, some two or three days before this murder, told me to take a gun
out with me. The young Parrishes had no gun!

3/10/17 Page 75
About three weeks or a month after the Parrishes were killed, Wilber J. Earl
told me he guesses the folks now would think he was a true prophet. I had some
idea of leaving, but I did not expect to leave with the Parrishes. My object in
going out with the Parrishes was to get them clear of the police out of the city.
When I was put into Kearns custody on the night of the murder, Kearns called
on Ozias Strong to keep me until Kearns got some other person to take charge of
me. Kearns left me and went off about other matters.
The Parrish boys said they took the bridle and gloves and thins to trade off on
the road for provisions.
The next morning, when the hearing of myself and Orrin Parrish was before
John M. Stewart, I knew that Bird was the man but I was afraid to state it. Bishop
Johnson told me that morning what evidence I should give; and he said, if I told
what I learned that night, they would send me the same way; I stated to the
Justice what the Bishop told me to say.

Much reliance cannot be placed in the confession of Durfee; he does not seem
to have made a clean breast of it. He does not seem to state what transpired in
those secret council meetings as fully and clearly as a man of his observation
would be able to do. Me must have well understood the object and purposes of
those meetings. Throughout his confession there is a manifest effort to screen
himself as one of the active participants in that horrible murder; yet in many
respects his confession throws much light on the other and reliable testimony.


Thomas OBannion being sworn says, he lived in room adjoining the
Parrishes; Parrish didnt keep much of a store but sold things to persons coming
there. Horses and carriage were taken a few days before the murder; got two of
the horses back. Parrish told me three or four days before the murder that he had
a terrible dream and should be murdered in his own house if he did not leave
soon; wrote on a paper that his life had been threatened by Earl and McDonald.
Night of the murder several persons came in front of Parrishes, some went in; I
heard Carnes ask for Orrin, he said he had a writ for him. They afterwards came
into my house and asked for Parrish. I asked which Parrish; Carnes replied, any
Parrish. They then searched my house and grannery (sic). H.H. Carnes, Lehi
Curtis, Moses Daley, Sanford Fuller, Richard Bird, Henry Rollins, and Wm.

3/10/17 Page 76
Johnson were there. Carnes said they must make a clean sweep or search of the it;
said he always did what he undertook. My best recollection is that the words
used was, a clean sweep of it; did not hear of the murder until next evening. Went
out of town to work in the morning; didnt say why they wanted Parrish. Curtis
and Fuller appeared excited when they were making the search; When they
opened my grannery (sic) door, Fuller cocked his gun.
Moses Daley came to me a few days before the murder and told me to tell
Parrish if he did not settle the matter between Beason and Bullock, his blood
would pay the debt.



---- Phillips being sworn says he lives in Provo, that on the Sunday of the
murder he was at a meeting in the street in Provo. President Snow, President of
the Stake, and others preached from a wagon; their preaching about that time
was pretty much about the apostates and persons going to leave the Territory,
and how they would be disposed of. After the sermon, Presi. Snow enquired (sic)
if there was any body going to Springville that day. A man by the name of
Nethercot said he was going; Nethercot went up and Snow handed him a letter
and told him he wanted it to be delivered to Bishop Johnson that day, without
fail, and remarked that dead men tell no tales Nethercot took the letter.

[We know but little of the church arrangement in regard to officers, but from
what we learn the President of a stake is a person placed over a great number of
Bishops and receives his orders from President Brigham Young and the 12
apostles; and through him Orders are dispensed to the Bishops. It is also
proper to say that a Mr. Bell testified that he received a letter from President
Snow on the Sunday of the murder, to be delivered to Bishop Johnson at
Springville, which he says he was not able to deliver until the day after the
murder. He says that it was delivered to him out of the stand in the Bowery in
The probability is that the letter delivered to Nethercot was the Sunday before,
and that this is the same letter held by Bishop Johnson in his hand in the council
meeting, when he said they would yet the blood flow.]

[These ads also appear in the April 19, 1859 copy of the Valley Tan ]


3/10/17 Page 77
Will practice in all courts of the Territory, and especially the U.S. District Courts
and Supreme Court. He will give efficient attention to all professional
OFFICE West side of East Temple St., opposite Miller, Russel, & Co.s store.
G.S.L. City, Nov. 6, 1858

For Utah Territory, will attend promptly to professional business intrusted (sic) to
him. Office with Dr. Forney, Superintendent of Indian Affairs, G.S.L. City.

Stop here


Provo City, Utah County.
Second Judicial District. ss

Zephaniah J. Warren, being duly sworn says as follows: I am fifty-seven years

old; I came to Utah in the year A.D. 1852. I came from Iowa to this Territory; I
settled in the town of Springville, Utah County, when I came into this valley, and
have resided there ever since with the exception of about seven months absence
in California in the years 1856 and 1857. I reside at Springville now. On my way
home from California in the spring of 1857, I heard of the murder of the two
Parrishes and Potter; the day I arrived at Springville I saw the place where they
were murdered. Seeing the place and the appearance of blood, I became very
somewhat excited and spoke very reproachfully of the leading men of
Springville; however, tried to reconcile my mind enough to stay away until I
could dispose of my property, and get away with my family, I did not say much
to anybody, unless I was interrogated, during the whole season. I heard of many
threats being thrown out against me in the meeting house by the overseers, but I
did not use much caution; I was thrown off my guard by supposing that they
dare not touch me. In the latter part of August I was very feeble, from a severe
cold, so that I was confined in my house and in bed much of the time. On the
night of the 31st of August, 1857, I arose from my bed and applied some medicine
to my eye, which occasioned great pain. During the time a person knocked at my
door; I bade him come in. Two men come in (sic). William Johnson and Oliver

3/10/17 Page 78
McBride. They asked me if Mr. Warren was at home. I told them I was the man,
but was very feeble. They told me brother Earl wished to see me a few minutes
just here. I said I would not go but would try to see him in the morning, if I was
able. They said they were policemen and Brother Earl told them, if I did not come
willingly they must bring me by force. I insisted on them to wait till my son
would come home, as I did not want to go alone. They said they would not wait,
and that I must go and should go immediatly (sic). I told them that I would go
that I was not conscious of any crime, and was not afraid to go; and if it was not
far I would do my best. I went out into the street in company with these two men;
I found six others standing in the street; there (sic) names were Wilber J. Earl,
Sanford Fuller, Abraham Durfee, John Curtis, Lehi Curtis, and Simmons P. Curtis.
They were all armed with pistols, knives, and guns. Earl told me to be still and go
with them out of the city gate. I told them I would not go one step without the
knowledge of the public. Earl seized me by the throat saying damn your old heart
if you speak another loud word, applying his knife to my throat, saying, I will
cut your throat on the spot. They then, Johnson and Earl, took me by force and
dragged me on the ground most of the time for about sixty rods, through the
gate. They then suddenly stopped, and some one said there is some one coming;
damn him, stop him, stop him, two ran back, and the other six threw me into a
fence ditch. Earl then seized me by the throat, saying, you damned old American,
you will never write or talk any more about people that have been murdered.
They then all but one left me and held a private conversation on the other side of
the road, lasting perhaps an hour, then six of them came back, and Earl said, we
have concluded to let you live a few days, if you will now swear before us that
you will never divulge what has been done to you tonight to any person, and go
within a day or two and settle up your tithing, as all men in these valleys have
now got to be tithed; we have declared war against the whole world, and at any
time we can put you aside very easy. I did promise that I would go and settle my
tithing that they required. They then all addressed me, one by one, advised me to
make friends with the Mormons, never to write any more or try to make myself
as one of the Gentiles. They then left me. A short time after I went to the Bishop
and tried to settle for my tithing. The Bishop became so much enraged at my
talking to him, that I could not settle that time, and I never again tried until the
spring of 1858; the Bishop then appeared in a very good humour (sic), and soon
told me what my tithing was. He did not take my note, supposed he had forgot it.
Since that time, which was about the time the army come in he always appeared
very hostile sending me word to come and settle up my tithing. I always told the
men he sent, that I never would settle the tithing; that I had been forced by
duress to say that I would, in order to save my life.

3/10/17 Page 79
(Signed) Z.F. WARREN
Sworn and subscribed before me this 26 day of March, A.D., 1859.

Note Unfortunately, Warrens statement has a few problems. The San Francisco
Bulletin printed a copy of Warrens 1858 letter to Governor Alfred Cumming. In
the letter Warren says that as a result of hearing about the Mountain Meadows
Massacre in the fall of 1857 he was thrown into the ditch and assaulted. In his
affidavit, however, he says it was a result of his talking about the Parrish-Potter
murders. More significantly, he attests that his attack occurred on the last day in
August, 1857, two weeks before the Mountain Meadows Massacre occurred. The
attack, in all probability, did occur as his version in his letter to Cumming and his
affidavit are almost identical and his son backs him up, but there is some
question as to his honesty about why he was specifically attacked. Why would he
write Cumming that it was about the Mountain Meadows Massacre, but then in a
later affidavit say that his attack occurred before the attack at the meadows and it
was only over remarks about Parrish-Potter?


Provo City, Utah County,
Second Judicial District, ss

Alva A. Warren, being duly sworn, says as follows: I am twenty-two years old;
I am the son of Zephaniah J. Warren. I came to Springville with my father in
1852, and have resided in Springville ever since, and reside there now. On the
night of the 31st of August, 1857, I came up to my fathers house, just as two men,
William Johnson and Oliver McBride, were bringing my father out of the house.
My father asked me to go with him; I said I would. The two men said, You need
not go; we are not going to hurt him. I went till I came to the other six men, and
then William Johnson said, you cant go any further, we are not going to hurt
him. I stopped, and they went on till they got opposite Earls house, and I heard
a noise that I thought was my fathers voice, and I went on down to where they
were; and Lehi Curtis ordered me to be taken back, and John Curtis came and
took me back about one hundred and fifty yards from where they were then; and
John Curtis and myself staid (sic) there till father came back. Then father and I
went home, and William Johnson and Oliver McBride came and called for me,

3/10/17 Page 80
and I went up with them to Earls house, and they made me promise never to say
anything about it.
Sworn and subscribed before me this 26th day of March, A.D. 1859.
Judge, &c.

AFFIDAVIT OF * * * * * *

The following affidavit, it will be observed, is given without the name. The
reason for suppressing the name of the maker is, that he is residing in
Springville, has his family and property there, and begged of the Judge that his
name should not be made public until he had disposed of his property, and could
get to where he could have his family protected, which he intends doing as soon
as possible. The Judge refuses to allow us to use his name, as his life might
thereby be endangered. ED.

Utah County, ss.
* * * * , being duly sworn, says he has lived at Springville since 1853. Was
there at the time the Parrishes and Potter were murdered; had a conversation a
short time before the murder with Moses Daily, jr.: he said that they had been
ordered never to let the Parrishes go out of Springville or the Territory. Said he
called on me to join them. I told him I would not, that I did no such jobs. He
then said, for G*ds sake, not to tell of it. He said the orders were from Orson
Hyde. Orson Hyde had just been preaching at Springville. Three or four days
afterwards, Daily came to me again and said, * * * *. I am glad of one thing;
they have shouldered off taking care of the Parrishes onto somebody else. He
appeared glad that he had got rid of it, and further saith not.
* * * * *
Sworn and signed before me this 1 day of April, A.D. 1859.
Judge, 2nd Judicial District.

Note This affidavit did not appear at the end of Cradlebaughs speech. I dont
know who the person is but it goes a very long way in explaining how Orson
Hyde came to be incriminated for the Parrish-Potter murders.

3/10/17 Page 81
Copied from the Justices Docket for Springville Precinct.
Springville, March 15,
This day, about 10 oclock, p.m., I, John M. Stewart, an acting justice of the
peace, in the county of Utah, U.T., was called upon, and informed that some dead
bodies had been found near this city. I considered the matter; and as no coroner
was at hand, I considered it my duty to hold an inquest over said bodies.
Accordingly I summoned twelve discreet men, and proceeded to the spot where
said bodies were said to have been discovered, which is about 120 rods south of
the south gate of Springville City. When we arrived there we found two dead
bodies, two guns, some two or three blankets, and a sack of bread, &c.
I qualified the jury, and we proceeded to examine the bodies. The first body
examined was recognized to be Wm. B. Parrish. It appeared to the jury that he
came to his death in consequence of many knife wounds inflicted on his body,
and especially in his throat. The second was ascertained to be Gardner G. Potter,
in whose breast were discovered four ball holes, which no doubt caused his
death. A third body was found by the guard some fifteen rods from the two
former, in almost an east direction. The body was recognized as Beason Parrish.
He had been shot with two balls in the front part of his left arm, and three in the
back of his left shoulder, which no doubt, caused his death.
The decision, or verdict of the jury was as follows, viz.: The above named
bodies all came to their death by the hands of assassins, to us unknown.
A.F. McDonald, foreman,
M.N. Crandal,
N.T. Guymon,
Uriah Curtis,
S.P. Curtis
John Daley,
Wm. Smith,
G. McKenzie,
Philo Dibble,
Wilber J. Earl,
Joseph Bartholomew,
Thos. G. Sprague.

3/10/17 Page 82
Property found on the bodies
On the person of Wm. B. Parrish, one pair of buckskin gloves; one watch,
going 5 minutes past 11; a purse, with a few trinkets; 1 large dirk-knife; 1 pocket
knife; 1 pistol loaded and capped; worsted, needles and thread; 1 small piece of
tobacco, one small handkerchief, two combs, and a small box of matches.
On the person of G.G. Potter, 1 powder horn with powder; 4 bullets, and a few
caps. On the person of Beason Parrish, pouch and powder horn, containing one
box of caps, 1 1-2 pound balls, 1 charger, 1 pair moccasins, 1 pair bullet moulds, 1
belt and knife, 1 large box of matches, some pepper, 1 awl, small flowered cloth
and ribbon, and one pipestem. Also found on the ground, 1 sirrappe (sic), 3
blankets, one rifle loaded, not capped; 1 double barrel gun, a Minie rifle, the
other for shot. The rifle barrel shot off; 2 sacks, the first containing 7 plugs of
tobacco, 2 pair socks, 1 pair fine pants, drawers inside, three check shirts, 1 red
overshirt, shaving implements, 2 pair cotton pants, 1 comfort, 2 suspenders, 1
butcherknife, hats lying near the bodies. Second sack, containing two large loaves
of bread and quantity of biscuit, 2 tin cups, 1 lb. bullets, some coffee and sugar.
I took the bodies, and everything found on and about them, the Springville
school house, where they were strictly guarded, washed and dressed. I ordered
coffins to be prepared, graves to be dug, and the bodies to be decently interred. It
was understood that the friends of the Parrishes would defray their funeral
expenses. Subsequently I delivered the found property, claimed by the friends of
the two Parrishes, to Orrin Parrish. I had caused the clothes of Potter to be
washed and delivered them, and the found property claimed by his friends to
(Signed) J.M. STEWART, J.P.



Springville City, Utah County, U.T.,
16th March, 1857,
We, the undersigned Jurors, being summoned on the night of the 15 th inst., to
hold an inquest on dead bodies found about 120 rods south of the south gate of
Springville City, we repaired to the bodies. We were there and then duly sworn
to examine the bodies, and render a just verdict thereon. The first body we
recognized was to be Wm. B. Parrish, his head lying east; three cuts and one shot
in the neck; one of these a large gash on the left side throat; three stabs in the
back on the left side.

3/10/17 Page 83
The second was recognized to be Gardner G. Potter, lying in the same position,
beside the other body; four ball holes in the breast. Both these bodies had been
apparently dragged from the middle of the State road about two and a half rods
A third body was found by the guard fifteen rods east from where the other
bodies lay; he was recognized to be Beason Parrish, lying on his back, head east;
three bullet holes under left shoulder.
From the above testimony and others which we availed ourselves of at the
place of examination, we render the following verdict, viz.; That they all came to
their death by the hands of assassins to us unknown.
[Signed same as inquest taken from the book.-ED.]
The inquest taken from the book of the justice runs through several pages
from the 44th to the 52nd, evidently having been written long after the time of
holding the pretended inquest. It was written on small spaces left on the docket,
where other regular entries had been made, in order to make it appear as though
it was placed there at the time it should have been. The reader should observe the
character of these precious documents, and the fact that the justice and many of
the jurors are found in council meetings spoken of my Bartholomew and Durfee:
several of them were on the Grand Jury in the District Court at the term lately
held by Judge Cradlebaugh.



Murder of Henry Jones and His Mother


Cedar County. ss.
Nathaniel Case, being sworn, says: that he has resided in the Territory of Utah
since the year 1850; lived with Bishop Hancock (Charles Hancock) in the town of
Payson, at the time Henry Jones and his mother were murdered, about the 15 th of
April, 1858. The night prior to the murder a secret council meeting was held in
the upper room of Bishop Hancocks house; saw Charles Hancock, George W.
Hancock, Daniel Rawson, James Bracken, George Patten and Price Nelson go into
that meeting that night. Meeting had been held pretty regularly for three weeks
before the last one at the same place. I was not in any of the meetings; I boarded
at the bishops. About 8 oclock in the evening of the murder the company
gathered at Bishop Hancocks; the same persons I have named above were in the

3/10/17 Page 84
company. They said they were going to guard a corral where Henry Jones was
going to come that night and steal horses; they had guns.
I had a good minie rifle and Bishop Hancock wanted to borrow it; I refused to
lend it to him. The above persons all went away together; I dont know what time
they got back. Next morning I heard that Henry Jones and his mother had been
killed. I went down to the dug-out where they lived when the sun was about an
hour high. The old woman was laying on the ground in the dug-out on a little
straw, in the clothes in which she was killed. She had a bullet hole through her
head, entering near the centre of her forehead. In about 15 or 20 minutes Henry
Jones was brought there and laid by her side; they then threw some old bed
clothes over them and an old feather bed and then pulled the dug-out on top of
them. The dug-out was built on level ground a hole about 12 feet square dug to
the depth of 5 feet, a ridge pole running from the centre back, 3 feet above the
level of the ground; small poles are then laid up close together running from the
sides up onto the ridge pole so that the dirt wont fall through. The dirt taken out
of the hole is thrown back onto the poles for a roof, and steps cut down into the
end like cellar steps for entrance. There is a great many of such houses occupied
by poor people in this county who are not able to build houses, and who never
will while they stay here.
The next Sunday after the murder, in a church meeting in Payson, Charles
Hancock, the bishop, said as to the killing of Jones and his mother, he cared
nothing about it, and it would have been done in daylight if circumstances would
have permitted it. This was said from the stand; there were 150 or 200 persons
present. He gave no reasons for killing them. And further saith not.
Sworn and signed before me this 9 day of April, 1859.
Judge 2nd Judicial District.

Note Who is the Bishop of Payson is it Charles or George Hancock?? Check

Cradlebaughs charge or his list of indictments and other sources. I thought it
was George Hancock, but according to Nathaniel Case it was Charles Hancock.
Even if it was Charles Hancock, George Hancocks hands arent exactly clean as
he was one of the men listed at the meetings. According to the testimony of
Thomas Hollingshead, George Hancock was the constable of Payson and the one
in charge of the murder. I think this may settle it.


3/10/17 Page 85
2nd Judicial District,
Provo City. Ss.
Andrew J. Moore, being duly sworn, says as follows: I live at Pondtown, in
Utah Co.; I had lived there only a few days, and sometime in the night in the
month of April, 1858, cant recollect the day of the month, there was an alarm
raised in the night between 12 and 2 oclock. Heard the alarm to raise the Fort; I
jumped up and ran out without dressing. I saw nothing and went back to the
house to dress myself. I thought at the time it was a break of the Indians. After
dressing I went out again and Henry Jones had just come in, and I went to where
the people had gathered, and the persons, two or three men, strangers to me,
were just taking Henry Jones out of the fort. I did not go outside of the fort,
which is now called Pondtown, until the next morning, and then I saw Henry
Jones lying dead in the middle of the road, about 80 rods west from the fort. The
sun was then about an hour high. About ten or fifteen minutes after the persons
left the fort with Henry Jones, I heard the report of a gun, I think I heard four
reports inside of two minutes. The reports were in the direction which Jones was
found, and appeared to have been fired about where the dead body was found. I
saw three bullet holes in the body of Jones, two of them were in his side and one
in his head. The report was that the persons who took Jones out of the fort came
from the town of Payson, which is about three miles in a westerly direction from
Pondtown. I was not acquainted in Payson; I had gone from Provo to live at
Pondtown shortly before that. I do not know anything of the mother of Henry
Jones, and I do not know anything about the burial of Jones; I never heard of any
inquest being held on the body of Jones.
Sworn and subscribed before me, this 29 day of March, 1859.
Judge 2nd Judicial


Utah County. ss.

3/10/17 Page 86
Thomas Hollingshead, being duly sworn, says: he resides in Pondtown, in
Utah county; was in Pondtown at the time Henry Jones was murdered. In the
night between midnight and daylight, a year ago in this coming April, we were
alarmed; we supposed the Indians had made an attack upon the outposts of the
town. We, that is, affiant, his son and others jumped up and run out; directly we
heard the cry of murder; when we got out into the yard, the man came up and
said they were after him to kill him; said, where shall I go? Where shall I hide
from them? About this time his pursuers came up. He then saw them and made a
bolt into a house of Mr. Lycurgus Wilson, jumped over a bed where a woman was
lying on the floor and tried to secrete himself in the house. Wilson brought him
out of the house; the leading man of the pursuers said, lay hold of that man, said
to be a constable from Payson; they called him George. I have since seen him; it is
George W. Hancock; he told them to disarm Jones. Jones had a pistol and a knife,
but did offer to use them. He was disarmed, there was no charge in his pistol.
I noticed blood running from his arm; he said they had shot him in the
pursuit. The ball went through his arm below the elbow; one or two persons
came up with George; I never heard who they were, it was kept dark nothing
said about it.
Someone spoke and wanted to know what they were going to do with the
man. Geo. Said, I know what I am going to do with him. Some one said, this
horse stealing has got to be stopped. They passed out in the direction of Payson.
Payson is distant 2 miles.
We went into the house and I was talking the matter over with my son; in
about 15 minutes after we went in we heard the report of fire arms, three or four
shots in succession, appeared to be pistol shots from the report; at which time we
went to the door. About five or ten minutes after, some one came up and said
they had shot the man. I went over and found him lying in the road, two balls
had taken effect in his body and one in his head. The persons who had him in
custody had fled. The body was taken away in the morning. Report says that the
mother of Jones was shot at Payson while sitting in her own house at the time
these persons were pursuing Jones.
Sworn and signed before me, this 29 day of March, 1859.



3/10/17 Page 87
Utah County. ss.
Abner M. Hollingshead being sworn, says: lived at Pondtown at the time Jones
was murdered. Heard unusual noise in the night; went out of my house, stepped
back and dressed. Noise approached. A person entered the fort, stating he was
pursued, asked for a hiding place. Mr. Lycurgus Wilson asked him what was the
matter. Man gave no satisfactory answer. Two men suddenly came running up
shouting, arrest that man; suppose one of the men to be Geo. W. Hancock,
judging from his voice; dont know who the other man was. The two men took
the other out towards Payson, the same way he came in. Afterwards heard that
the man was H. Jones. Ten minutes after the two men left, heard report of fire
arms in the direction they went; heard four shots, three shots in quick succession,
the 4th shot a minute later. Heard Hancock was an officer at Payson; saw dead
body next morning about 80 rods from the fort; the body was taken to Payson.
No inquest held at Pondtown; no person called to give evidence. Body lying in
the road in that direction that I heard the shots. Saw blood lying in the road.
Occurred in spring. I am a farmer, at that time but part of the crop was in.
And further the deponent saith not.
Subscribed and sworn to before me this 29 , March, 1859.



Second Judicial District. ss.
City of Provo.
Amos B. Moor, being duly sworn, says as follows: I live at Pondtown; Utah
County. One night in the month of April, 1858, cant recollect the day, an alarm
was raised in the fort, and I was awakened by the guard. When I got up and went
out into the fort, some men, cant tell how many or who they were had just taken
a man out of the fort; heard afterwards that his name was Henry Jones. After
standing there about ten or fifteen minutes, I heard the report of a gun or a pistol
in a westerly direction, on the road to Payson. I judged the distance to be from 75
to 100 rods from the fort. I heard four shots in pretty quick succession.

3/10/17 Page 88
In about half an hour after I heard the shots I went out in company with some
other persons, dont recollect their names, - to see what the shooting was about. I
saw a man lying crossways in the middle of the road; he was dead, it was Henry
Jones; I was told that was his name.
I dont know that any inquest was held on the body; I heard afterwards that a
man named Hatch took the body to Payson. I dont know anything about Henry
Jones mother, nor about the burial of Jones. I had just a short time before that
moved to Pondtown from Provo.
I heard that the men who took Jones from Pondtown had come from Payson;
this was a report only, I knew nothing of it of my own knowledge.
I went out again at daylight and saw Jones again; I saw two bullet holes, one in
his left side and the other in his head. I did not go close to the body. I understood
that Mr. Hatch, Jones step-farther (sic), so report said, come when the sun was
about an hour and a half high and took the body to Payson.
(Signed) AMOS B. MOOR.
Sworn and subscribed before me this 29 day of March, 1859.
Judge 2nd Judicial District.



Second Judicial District,
Provo City, Utah County, ss.
Abram Durfee, being duly sworn, says as follows: I have resided in
Springville, Utah County, U.T., for about eight years. In the latter part of January,
1858, Wilber J. Earl came to me in Springville and wanted me to go with him to
assist him in killing Forbes. I told him that I could not go, he wanted some of the
boys; he said it was orders to kill Forbes; he did not say from whom the orders
came; he wanted me to come over to the north gate the evening that Forbes was
killed. It was Saturday that he was telling me about it, and Forbes was to be killed
the next evening (Sunday). I went over to the North gate as requested by Earl.
About half an hour of dark Earl and Sanford Fuller came with Forbes; Wilber J.
Earl ordered me to stay at the gate; he said they were going to Provo. I staid (sic)
at the gate until Wilber J. Earl and Sanford Fuller came back, which was about
midnight; they said they had got rid of Forbes, that was about all they told me

3/10/17 Page 89
that night. About a week afterwards Wilber J. Earl told me that they had killed
Forbes down on Spring creek, about half way to Provo; they said they shot him;
they said they had dug a hole near the creek and put him in. I dont know what
became of Forbes property; I saw Forbes horse at Partial Terrys since and before
Forbes death; I dont know how Terry become possessed of Forbes horse. Both
Earl and Fuller told me that they had shot Forbes. I do not know where Earl or
Fuller are, or either of them at this time; I saw Earl on the 22nd inst at last Salt
Lake City; we parted in the City between the Temple block and the Deseret Store,
and I have not seen him since. I saw Fuller last in Springville, two weeks ago last
Saturday in the evening.
Sworn and subscribed before me this 1 day of April, 1859.

(See also Bartholomews testimony as the death of Forbes.)

In corroboration of the above evidence we find in a copy of the New York

Daily Times of Aug 3d, 1858, the following statement made to the Times
correspondent in this city by a Mr. McNeill, a gentile who was imprisoned in this
Valley during the winter of 57 and 58 and who narrowly escaped being himself
murdered by the Mormons. Mr. McNeill is now absent from the Territory.
A young man, (Forbes) whose name McNeill does not remember, came here
from California last year, and went to board with a man named Terry, at
Springville. Some time afterwards his revolvers were stolen from the house
during the day-time, and his horse carried off from the field. Terry told him that
they had been carried off by Indians, and he never was able to get any trace of
them. On a Sunday evening, subsequent to the thefts, Terry started for church as
he said, and the young man went out with him which is the last time the latter
was ever seen alive. Three days later an Indian reported a corpse being three and
a half miles below in the woods, which, upon examination, proved to be that of
the young stranger; and the next day Terry was seen riding the stolen horse about
town with the pistols of the deceased in his belt.

NOTE on FRANKLIN MCNEILL: and one Franklin McNeil, who had sued
Brigham Young for false imprisonment, was shot dead in his own door. (Beadle,
Life in Utah, p. 193). I believe McNeil is mentioned elsewhere try Schindler.
McNeils story corroborates this later testimony.

(from The Lion of the Lord, pp. 250 252)

3/10/17 Page 90
Young publicly ignored the paper, but he privately denounced it as a filthy,
miserable little sheet. Mobocracy and murder are in their (Burr, Hurt, Craig,
Dotson, Kirk Anderson & Co.) hearts, but so long as they keep hands off we
expect to let them live. Aided by Associate Supreme Court Justices Charles E.
Sinclair and John Cradlebaugh, this clan and its flunkies were striving and
doing all in their power to stir up strife through the courts. Franklin McNeill,
falsely imprisoned during the recent war, was suing Young, Wells, Robert T.
Burton, Jesse C. Little, and several other Saints for $25,000.

That same month (August, 1859) tragedy befell McNeill as he walked along
Main Street, Salt Lake Citys busiest thoroughfare. About ten oclock on the night
before his $25,000 suit against Young was to be tried three men approached him.
One placed a gun against McNeills side and fired. The victim hovered between
life and death for a day, during which he accused Lot Huntington, the Danite, of
shooting him, and then died. Huntington was picked up, questioned by federal
authorities, and released. (Hirshon cited New York Times September 15, 24, and
28, 1859)



We find in the excellent work of John Hyde Jr., upon Mormonism, the
following account of the origin of the Danites: - When the citizens of Carroll and
Davis Counties, MO., began to threaten the Mormons with expulsion in 1838, a
death society was organized by Sidney Rigdon and with the sanction of Smith.
Its first Captain was Captain Fearnot, alias David Patten, an Apostle. Its object
was the punishment of the obnoxious. Some time elapses before finding a
suitable name. They desired one that should seem to combine spiritual authority,
with a suitable sound. Micah iv, 13, furnished the first name. Arise, and thresh,
O daughter of Zion; for I will make thy horn iron and thy hoofs brass; and thou
shall beat to pieces many people; and I will consecrate their gain unto the Lord,
and their substance unto the Lord of the whole earth. This furnished them with
a pretext; it accurately described their intentions, and they called themselves the
Daughters of Zion. Some ridicule was made at these bearded and bloody
daughters and the name did not sit easily. Destroying Angels came next; the
Big Fan of the thresher that should thoroughly purge the floor, was tried and

3/10/17 Page 91
dropped. Gen. xiix. 17, furnished the name they finally assumed. The verse is
quite significant: Dan shall be a serpent in the way, an adder in the path, that
bites the horses heels so that his rider will fall backward. The Sons of Dan ( or
the Danites) was the style they adopted and many have been the times that they
have been adders in the path, and many a men has fallen backward, and have
been seen no more.
At Salt Lake, among themselves, they ferociously exult in these things, rather
than seek to deny or extenuate them.


Made by Judge Cradlebaugh upon the adjournment of his Court in Provo.

The Court has sought diligently and faithfully to do its duty, to administer to
the laws of the United States and of this Territory. It could not have any other
object. But at every turn it has had to encounter difficulties and embarrassments.
Men in high authority in the Mormon church, as well as men holding civil
authority under the Territorial government, seemed to have conspired to obstruct
the course of public justice and to cripple the earnest efforts of the Court.
The whole community presents a unified and organized opposition to the
proper administration of justice. Every art and every expedient have been
employed to cover up and conceal crimes committed by Mormons. Witnesses
have been prevented by threats of violence from obeying the summons of this
Court. Others that have testified have been given to seek safety in the protection
of a small detachment of United States troops stationed near here, who, it is
proper to say, are here on my requisition, and for whose presence the Court is
responsible. The absolute necessity of having those troop (sic) here has been fully
demonstrated by all that has transpired during the session of the Court. To crown
all, the Grand Jury, sworn to perform a high public duty, has lent itself as a
willing instrument to this organized opposition to the laws of the country and
refuse to meet its obligations. A most willing inclination has been manifested to
prosecute Indians and other persons not Mormons for their offences (sic), while
Mormon murderers and thieves are allowed to go unpunished.
This Court determined, as its action manifests, that it will not be used by the
community for its protection alone, but that it will do justice to all, or it will do
nothing. Not being able to do this, the Court now adjourns without day.


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The Mormon authorities having somewhat recovered from the effects of the
shock of dread and fear which the discovery and exposure of their damning
connection with the dreadful deeds of bloodshed, rapine, and violence,
committed of late years in the Territory, under the disguise and protection of a
secret organization for this express purpose, are now exerting themselves to the
utmost by every possible effort, and with the whole power and authority of their
confederacy to conceal the true principles in the commission of these offences
and to endeavor to induce the belief in the minds of the public that their
opponents, or as we are styled by them, their persecutors (note the myth of
persecuted innocence is working in full effect!) are making attempts to magnify
and exaggerate petty quarrels and street broils, long since committed, into
offences of the first magnitude, and of most terrible and significant import.
With this view, the editor of the Church Organ, the Deseret News, in his last
number, in an editorial comment upon the remarks made by Judge Cradlebaugh,
whilst summing up the evidence in the case of the murder of the Parrishes and
Potter at Springville, says, We have carefully examined all the evidence
furnished by a remarkably accurate phonographic (sic) reporter, and can only
conclude that the evidence before the Court goes to show that Durfee, Potter,
and two of the Parrishes got into a row about matters best, if not only, known to
themselves, and that Potter and the two Parrishes were killed.
Again the editor, as in a previous comment in the same connection, says, with
the utmost effrontery, Where and when, in Utah, has any persons throat been
cut, or anyone in the least personally injured, or in any way hindered from
leaving this Territory, on the ground of his or their apostasy? Never and
nowhere, as far as a long and intimate acquaintance with the civil and
ecclesiastical territorial affairs gives us reliable information, therefore the Judges
I think I am right is widely at variance with what we are sanguine are the facts
upon his point.
Under these circumstances we deem it a duty which we owe to the public to
take a course which under ordinary conditions of society and of government in
our country would be considered injudicious and impolitic. We have procured,
and now publish to the world in this number, a portion of the evidence elicited
before his Honor Judge Cradlebaugh, in his examinations into the crimes in his
District. We publish however merely such of the evidence as has heretofore
become public by repetition in the Court room, and which relates to crimes
directly under investigation, withholding such as, although confirming and
strengthening beyond the possibility of doubt or contradiction, the fact now

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apparent, that it is the Church which directed and instigated these murders,
would defeat in a measure, by their publications at present, the ends of justice.
Shocking and incredible as the truth appears that a community, living in the
19 century, in the heart of a great nation, whose boast it is, that it is the home of
freedom, of civil and religious liberty, of enlightenment and of civilization,
should publicly sacrifice human being (sic), in accordance with the tenets of a
religious creed; yet it now appears as an undeniable fact. So bold are the High
Priests of this hideous and abominable system of religious fanaticism in support
of their practices, that they have not only committed them we may say openly,
but they have proclaimed their purposes aloud and published them to the world
in the most public manner.
In the columns of the Deseret News, dated as far back as Oct. 1st, 1856, we
find the authorized Church report of two sermons preached in the Tabernacle, in
this city, to a congregation of nearly 3000 persons, on the 21st day of Sept., 1856,
by BRIGHAM YOUNG, and his 2nd Counselor, JEDIDIAH M. GRANT, the 3rd President
of the Church (he is now dead), in which the doctrine of human sacrifice is
openly proclaimed.
Brigham Young in this sermon says, There are sins that men commit for
which they cannot receive forgiveness in this world, or in that which is to come;
and if they had their eyes open to see their true condition, they would be
perfectly willing to have their blood spilt upon the ground, that the smoke
thereof might ascend to heaven as an offering for their sins, and the smoking
incense would atone for their sins, whereas, of such is not the case, they will stick
to them and remain upon them in the spirit world.
I know, when you hear my brethren telling about cutting people off from the
earth, that you consider it is a strong doctrine; but it is TO SAVE THEM, NOT TO
Jedidiah M. Grant, addressing the people the same day, at the Tabernacle,
says: -
I say that there are men and women that I would advise to go to the
President (Brigham) immediately, and ask him to appoint a committee to attend
to their case; and let a place be selected, and let that committee shed their blood.
We have those among us that are full of all manner of abominations, those
who need to have their blood shed, for water will not do, their sins are too deep a
You may think that I am not teaching you Bible doctrine, but what says the
Apostle Paul? I would ask how many covenant breakers there are in this city and
in this kingdom (not Territory Ed,). I believe there are a great many; and if they

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are covenant-breakers we need a place designated where we can shed their
Talk about old clay; I would rather have clay from a new bank than some we
have had clogging the wheels for the last nineteen years. They are a perfect
nuisance, and I want them cut off, and the sooner it is done the better.
- - - - - - - - - - - - - - - - - - - - - - -
We have been trying long enough with this people, and I go in for letting the
sword of the Almighty be unsheathed, not only in word, but in deed.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Brethren and sisters, we want you to repent and forsake your sins. And you
who have committed the sins that cannot be forgiven through baptism, let your
blood be shed and let the smoke ascend, that the incense thereof may come up
before G*d as an atonement for your sins, and that the sinners in Zion may be
It now appears that, not being able to find any voluntary victims ready to offer
themselves up as a willing sacrifice on the altars of their hideous faith, the
Church leaders determined to save several persons and secure to them an
inheritance with the Mormons in the next world, by cutting their throats in this.
This cutting of throats is the prescribed mode of murder by which the victims
of ecclesiastical mercy are invariably sacrificed, and is the penalty attached to the
violation of the oaths in the first degree of the mysterious and terrible
endowment ceremonies. The penalty attached to the violation of the oath in the
second endowment degree is to have the throat cut, and the heart plucked out
with the most agonizing details. In the third or last degree, in addition to the
above, the most horrible mutilation of the body, the ripping across of the naval
and the tearing out of the bowels in the most disgusting manner, are the
prescribed penalties of a violation of the terrible secrets of Mormonism.
In our school days we read and shuddered as we read, the travelers accounts
of the dreadful practices of the barbarous nations of the earth, of the burning of
widows, of the self-immolation of hundreds beneath the wheels of the car of
Juggernaut, of the sacrifice of infants at the terrible idol shrines, committed in
order to obtain everlasting happiness in a future state; and we then thanked
heaven that we lived in a land and under a government and institution which in
our youthful enthusiasm we deemed omnipotent and faultless. Little could we
imagine that in our manhood we should find ourselves in our own great and
glorious country living in the midst of fanatical devotees claiming to be our
countrymen, who are endeavoring to enact before our eyes scenes as dreadful
and barbarous as any conceived by the imagination of man.

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It was with incredulity that we heard repeatedly, a few years ago, that the
Mormons practised (sic) Polygamy, and now with the full facts before us, we can
hardly believe our own senses and realize that another and, if it is possible, more
hideous doctrine is advocated and practised (sic) here, and yet it is too true.
And now we ask, are these things to be permitted and these fanatics to be
allowed to take life and property unrestrained, and to spurn and trample under
foot all the rights guaranteed us by the Constitution of the United States, and in
which even the subjects of the most despotic government in Christendom are
If the laws of the United States now extant will not secure the desired end are
found insufficient to protect the lives and liberty of its citizens, let the necessary
laws be at once enacted and enforced. If the laws of the United States at present
in force can remedy the evil, let those entrusted to see those laws executed and
enforced be sustained fully in the discharge of their duties, come what will of it.
------ Government in the steps which they have taken. They have never made any
secret of their intentions, but have proclaimed them to the world and have
carried them out to the fullest extent, unchecked by any one. They have refused
to be ruled by others than leaders of their organization, and with this
determination they have been allowed to drive away every single federal officers
who has ever been sent here, who has not lent himself to their views and
purposes and subserved their interests. If reports from the East be true they have
even now succeeded in disposing and removing two of those last appointed, and
in such case, also of another.
Without indulging in any farther reflections at this time, we invite the earnest
attention of the reading public to the testimony and affidavits which we present
in this number. Read them and ponder them well, even if they cause a shudder
and make the heart sick.

Shooting Affair.

Last night (Monday) the neighborhood in the vicinity where we hang up

were startled by the report of three pistol shots, fired in rapid succession. It was
bout nine oclock, and the shots proceeded from the entrance into the corrall (sic)
of Capt. Wm. H. Hooper, and proved to be a fight between two sable sons of
The belligerents were TOM, who belongs to Col. Johnson, of this city, and SHEP,
who belongs to Capt. Hooper, and love and jealousy prompted the desperate

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Two girls, the slaves of Thos. S. Williams Esq., are the reigning ebony belles of
Great Salt Lake City, and at their shrine the cringing knees of all cuffedom bow
down. The climate here is very softening and if it cannot melt a niggers heel, it
renders his heart extremely susceptible.
On the night in question TOM had been paying his abominations to the
belles aforesaid when he was met by SHEP, who also claims a franchise in that
quarter, when some words passed and the parties came to blows, and directly
afterwards TOM, who was armed (SHEP not having any weapons) fired rapidly
at his antagonist who received two of the three shots, one ball passing through
his shoulder, ranging upwards and entering the back part of his head, inflicting a
severe if not fatal wound. TOM immediately fled and has not yet been arrested. It
was thought last night that he made a break for Camp where his master is at
present; but we are informed that he was seen on Emigration st. this morning
wending his way towards the kanyon, doubtless with a view of crossing the
mountain and making Fort Bridger.
We have on a previous occasion called attention to the reprehensible custom of
negroes carrying fire arms, and invited the especial attention of the authorities to
the subject; and if we mistake not shortly afterwards a petition numerously
signed, was presented to the City Council covering the same ground, but we
have not heard that it was ever acted upon. This second occurrence should spur
the daddies of the corporation to a sense of their duty but nons verrons.

MONEY. Major Prince, paymaster U.S. Army, is en route from California to

Camp Floyd with a large supply of the spondulicks, sufficient to pay off the
troops at all events. This will be gratifying intelligence to our friends in Camp, as
money has been so scarce there than an enterprising officer, by some means, to
use a legal phrase, was seized of a ten dollar gold piece, which he deposited in
a glass case, hired a small Dobe building and was exhibiting the aforesaid full
eagle as a curiosity at the rate of two bits a sight, payable when the specie train
arrived. At the last accounts, he was realizing a fortune in prospective.
We understand that a detachment of troops will leave the Camp in a few days
to meet Major Prince at or near Santa Clara, when his escort at that point will
return back again to California.
For some time past the mails from the East have been coming through Weber
Kanyon, as the snow on the Big Mountain made the old route impassable. We
understand from Peter K. Dotson, Esq., the accommodating and sterling agent at

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this end of the line, that he will this week break a trail across the mountain, and
the mails hereafter will pursue the old chute.

The Valley Tan April 26th, 1859


And there have been more murders committed and more blood shed in the
county, with the last eight eight (sic) months, than before since its organization.
We clip the above from the Church organ of the 20th inst., and it is a piece of
the whole which abounds in self-laudation, and hypocritically assumes what a
good people are.
After assuming that innumerable murders have been committed with a
specified time, the very period when the Gentiles have been more numerous
than heretofore, the Editor, although he does not say it, seeks to leave the
impression that they are the offending parties. It is a species of deceit and
chicanery peculiar to Mormonism, and so long practised (sic) that we are led to
believe that they esteem falsehood a virtue when it can be made to suit their own
The facts, however, are not true, and we challenge their record to their proof.
We would not pretend to say there had not been many murders committed
here within the last six months. G*d and the Church only know this, for the
Hierarchy have a peculiar way of their own to dispose of offenders; and if the
Editor will count them in, we, who are not posted in the premises, will at a
venture coincide with him, for the inquisition is so mysterious in its
operations, and its executions so silent that out-siders are not informed,
until some bold man like Judge Cradlebaugh rips open its dark and damning
deeds and exposes them to the gaze of the world.
But why, we ask, is crime limited to certain geographical boundaries of this
county, and thus set up the county of Great Salt Lake as the standard of morals
for all the balance of the Territory. Or is the Organ afraid to advance beyond its
precincts, else by its tramp it should startle the affrighted ghosts of hundreds of
men, women, and even children, who have experienced the tender charities and
mercies of the church by being butchered. It is a very tender subject, we should
think, for them to broach; but backed by the power of the church which, through
its new jury law, enables them to pack juries, both grand and traverse, they feel
doubtless a little emboldened. The bloody record of the Parrish murder has
already gone before the world. An investigation will doubtless be made of the
wholesale slaughter at the Mountain Meadows, while crimes of equal

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magnitude, but not so extensive a scale will, we are assured, be elicited, if
there is power in the Federal authorities to do it a slim chance to convict we
admit but then the facts can and will be established. The Church Organ
should be very cautious how they claim all the virtue and piety, as they have
done repeatedly within the last six or eight months, Pharisee-like; for if they
would take our advice, they would rather be smiting their breasts like the
publican of old, and calling upon G*d to have mercy upon them as sinners. As
wickedness seems to have been charged upon a large and respectable portion of
this Territory, the Gentiles, not only by their press, but through their pulpit or
platform at the Tabernacle, it may not be amiss for us to ask a few questions,
although it will be considered impertinent when measured by the Mormon rule,
Mind your business.
But this is our business it is the business of every independent journalist to
expose crime no matter by whom committed; to aid in bringing offenders to
justice and thus do all in his power to reform society and thus establish a more
pure and healthy social and political organization. As the church by its vauntings
and boastings has almost challenged the record, in addition to the Mountain
Meadow massacre already referred to, and which they thought of not sufficient
importance to notice, we would, in addition to what we have heretofore
published, ask in relation to the following, because we have received several
letters from friends of the slaughtered, one of which appears in our columns to-
day. We ask, then, for information if nothing else, as follows:
The murder in the fall of 1857 of John and Thomas Aiken, Honesty Jones,
Mr. Eichard, and another gentleman, residents of Mariposa county, Cal., who
came to this place on business connected with the army. Of this party one was
killed in this city and his body thrown into the Jordan. The other four were
taken South and two of the them were murdered between Nephi (Salt creek
settlement) and Fillmore, by a party of white Indians, who attacked them on
the road, the other two having made their escape from the murderers of their
companions fled back to Nephi, where they were also killed.
The murder of two Irishmen, teamsters, who were discharged at Fort Bridger,
from the employ of Mssrs. Russell, Majors and Waddell, and who attempted to
make their way through here to California. These were killed 4 miles below
Fillmore City.
The murder by a bishop of one of his wives last spring, because she had
apostatized, who it is said, cut her throat as she knelt at his feet imploring him to
spare her life.
The murder of Jacob Lance, at Lehi, who having apostatized, was very much
feared by the church authorities. He was imprisoned at Lehi, upon a false

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pretence just as he was starting for California, and that night was killed whilst
held in confinement by a strong guard.
The murder of ---- Yates, a mountaineer, taken prisoner near the camp of the
army on hams Fork, in the fall of 1857, and murdered in Echo Kanyon by one of
the party who held him as a prisoner.
Also the castration of ---- Lewis by a party, including a bishop of one of the
southern settlements, who were bringing him up towards this city as a prisoner,
and of ----- who was castrated in ----- the same season.
These two latter are still living in a condition, in comparison, to which death
would have been a blessing. One of these was lately at Camp Floyd. The other
lives in a hole in the ground near one of the settlements San Pete Valley, and is
perfectly crazy.
These questions are pertinent no matter by whom committed, whether Indian,
Gentile, or Mormon, and deserve the severest punishment. Let those who know
speak out, for blood, although its crimson tongue may be stifled now will
eventually speak in thunder tones, as sure as murder will out or Heaven has

Mail Obstructions, Snow, &c., Valley Tan, 26 April 1859, 2/2.

MAIL OBSTRUCTIONS, SNOW, &C. Two Eastern mails arrived here on Sunday,
making up all that are now due.
They could not come through Weber Valley, as Weber river was very high and
altogether impracticable, as this stream has to be crossed in its tortuous course
some fifteen or twenty times, upon which and in the kanyons (sic) the snow has
drifted to an enormous depth, the mules very frequently going clean out of sight,
packs and all. In addition to this they soon gave out, and the men became snow
Fortunately, Mr. Dotson and a party went out on Saturday to break a trail
across the mountain, where they met Mr. Waters, an agent, coming to this city,
who informed them of the situation of the mail party. Relief was at once sent
them by Mr. Dotson from his party, rude sleighs were constructed, and the mail
bags drawn to the top of the mountain, and from there snaked down with ropes.
As the trail has now been partly broken, we have every reason to believe that the
mail will come in regularly hereafter, unless detained by high water.

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The company certainly have had obstacles of great magnitude to contend
against and overcome, and they done all that men could DO. The winter has been
a long, cold and bitter one.

We learn that peace and order reigns in Provo, except occasionally when an
unarmed government teamster after forage gets in there, when their breasts are
instantaneously fired with patriotism and chivalry, and by a concentrated
effort they give him fits. Our southern neighbors are as spunky as mice and as
has been illustrated in the court exodus equally as nimble.

VALLEY TAN 1:26, 26 APRIL 1859.


STAR OFFICE, Mariposa, Cal.
March 26, 1859.

Dear Sir: -- Having had some little acquaintance with you

while you were connected with the Missouri Republican,
in St. Louis, and having myslef had intimations (while in
Utah in November, 1857) made to me that certain
persons then in Salt Lake City would be murdered, I have
been requested by a friend to write to you...
[information on the Aiken murders, from "J. J. G"

... If you wish it, I will give you some particulars about
the scene of the massacre of the Mountain Meadows, as
I passed the ground a few weeks after the wholesale
murder was committed; and as none of that body of
emigrants escaped to tell the tale, and the only evidence
we will ever have will be circumstantial -- I think I can
prove, conclusively, to every unbiased mind, that the

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greatest portion of that company of emigrants were
killed by white men -- and that it was the most cruel,
cold-blooded and treacherous wholesale murder that
ever blackened the dark catalogue of crime

I have "notes and observations" taken down on the

Meadows, together with conversations held with
different Mormons upon the subject, which would
probably be interesting to Americans, and which, I am
confident, would cause great uneasiness among the
Saintly murderers....

Note: The Mariposa Star began publication in 1858,

under the management of J. W. Ross and James
Lawrence. Whether of not they had an associate in
their office in 1859, bearing the initials "J. J. G.,"
remains undetermined.
The Valley Tan, 10 May 1859


The condition of affairs in this Territory are of a most unsettled and

complicated character. We unhesitatingly announce and believe that Treason
exists as much this day as when Echo Kanyon with its fortifications was bristling
with arms and traitors against the Government of the Unites States. The
Presidents Proclamation graciously pardoned them; and it is generally thought
abroad was received, although it is well known here that it was laughed at and
scouted (? Couldnt read first letter), nay, derided, and that too publicly, in the
most indecent terms; and the only interpretation that can be put upon it, and in
fact the only was it is received here is, that it was forced upon them. The
Government stood in the anomalous condition of holding a pardon for her own
subjects, and treating for peace upon her own territories.
The Mormons feel and we do not blame them that in this very act they
overreached the Government, and while they did not dictate the terms, they

3/10/17 Page 102

merely gave a nod of the head and sniggered at the idea. The last few weeks
particularly has demonstrated the fact beyond a doubt that the same feelings of
contempt exist now.
There are armed scouting parties sent out, cannons mounted, cached, and
when discovered subsequently hid, signal arrangements prepared upon the
mountain heights to telegraph to all parts of the territory where their forces are
collected and awaiting the signal, a condition of affairs treasonable in its animus
and insulting to every loyal and American citizen. It shows not only an
estrangement which is so palpable in the social and political economy of
Mormonism, but a hatred which is evinced in a manner at once defiant. The
attention of this or similar matters has been called not only now, but repeatedly
to the Executive; and we are glad to learn that the scales are gradually dropping
from his eyes, although we think his vision in the premises is not clear yet; and
he has recognized the acts, and so far endorsed the testimony that has been
presented to him, by issuing a Proclamation, a copy of which is as follows: -

G.S.L. City, May 9, 1859.
WHEREAS, I have this day been informed that certain persons, who are to me
unknown, have associated themselves together in a military capacity, near
Goshen, and at other points, in or near the mountains surrounding Great Salt
Lake Valley, in this Territory.
And therefore, having reason to believe that those associations and
assemblages are unlawful, and directly intending to interrupt and jeopardize the
peace and good order of this Territory.
I now, hereby order, and command that all persons so associated and
assembled together, shall immediately disperse and return to their homes and
usual avocations, and that all and every such persons who shall refuse
immediately to obey this command and injunction, are hereby declared
disturbers of the peace of this Territory, and as such disturbers of the peace shall
be arrested and dealt with according to law in the premises.
And I hereby direct, authorize and empower JOHN KAY, the Marshal elected by
the Legislature of the Territory of Utah, to enforce, carry out, and execute the
foregoing command and injunction for the preservation of the public peace of
said Territory, and that he make due return to me of the execution thereof.
Given under my hand and seal of the Territory of Utah, at Great Salt
Lake City,
this ninth day of May, A.D., eighteen hundred and fifty-nine.

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Governor, Utah Territory.

Note Cumming selected the Mormon Territorial Marshal to handle this rather
than the federally appointed Marshal, Peter K. Dotson. Cumming was so far into
the Mormon camp that he did not want to entrust anything to a fellow federal
officer. This appointment, as well as other acts, demonstrates Cummings
willingness to subvert federal authority. This issue is mentioned elsewhere try
Furniss or Moorman.

This order in our opinion should have been directed to a Federal officer to
execute, for Gov. Cumming, with the history of this Territory before him, and
especially the records of the last two months, should not fail to perceive that the
thunderbolt issued from the Executive department is a greased shaft in the hands
of Mormon manipulators. The circumstances that surround us and those that
have preceded us fragrant with carnage, the utter inability of the U.S. Courts to
do anything in this Territory should at least, in our estimation, called for a
different appointment than that made by the Governor.
In addition to the lawless proceedings already referred to, there are others
which consist not only in bringing to the bar traitors, but in punishing crime and
affording assistance to Federal officers who have and are and [2/2] now
endeavoring to bring offenders to justice, and the encouragement afforded them,
by arming a man with all the powers of a proclamation, and one too, who would
execute a trust from the church rather than from the government is a flattening
down to which we cannot subscribe. The Mountain Meadow massacre is
probably now in the course of investigation, and the bones of the butchered
which like the teeth that Cadmus saved may produce an alphabet whose every
letter would spell guilt against those who were participators in it, and those high
in the church who have slumbered over it until now, should call not only for the
highest but the most prompt authority to either extinguish signal fires or spike
cannon, especially should they be intended to be used to cover crime, and in their
very uses are treasonable.
We shall await the result of the proclamation with no anxiety whatever, for we
have ceased to be anxious about matters here, but at the same time firmly
believing, to use the Indian word, that it will prove "Ka-wol.

We present in another column a letter from Dr. Forney , Supt of Indian
Affairs, who has just returned from the South, and which is interesting. He

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brought with to this city several children, whose infancy, or rather good luck
saved them from massacre at the Mountain Meadows, the balance of them were
sent to the Spanish Fork
Bye the bye, and in this connection, we would ask, what has become of the
dead head commissioners sent here to take them to the States.


We learn from Dr. Forney, that on his last trip he made considerable inquiry
about the stock, and other property known to have been in possession of the
murdered emigrant party at Mountain Meadows, but could learn nothing.
It is not laying around so loose, but what it may be ferreted out yet quien

Jacob Forney to Kirk Anderson, Esq., 5 May 1859, The Valley Tan, 10 May 1859,

I returned yesterday from a laborious trip, through the extreme southern portion
of this Territory, at the same time interesting however. . . .

The awful Mountain Meadow tragedy was perpetrated in the Pi-ute country.
More of this by and bye.

I found much of the road on way south exceedingly bad, in consequence of snow,
mud, tremendous hills, and innumerable rocks and stones. One wheel of each
wagon and my carriage smashed flat, besides minor accidents, and
occasionally the mules straying away; and always at a place from 10 to 20 miles
from any place. Patience being the only help under such circumstances, never
having had much to spare, necessity and circumstance however have furnished
me with some.

after I1 got south of fillmore I1 found it

difficult on my way south to procure a sufficiency
of grain for my stock for wA hhaatt reason
1I ccaanannoott tell

We however got to Santa Clara finally

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I neglected mentioning that Mr. Rogers accompanied and rendered me valuable
assistance. I reached the memorable Mountain Meadow valley 300 miles South of
this City, Wednesday, April 14th, and nooned at the spring in the south end of
the valley, and where the unfortunate emigrant party was camped from five to
eight days.

The valley usually called mo

I1 informed my then guide and interpreter
mr ira hatch that I1 was anxious to see
the spot where the massacre took place aannd
also where the dead were buried I1 saw the
three places where the dead are buried
from information received from persons
iinn and out of the mormon church and observatiioonnss
mwhiillsstt at the place enables me to
say that the emigrant party iinn question arrived
and camped at the spring in the south
end oogf the valley friday sept aatthh or 1
1857 the amount of pprrooperty iiss variously
from to head and ten to thirty waagp
oOnBeB my own impression iIss tthhaatt they had
COO head of cattle and about 40 wagons
it iiss said the firing commenced monday
sept 10 before daylight and that the firing
was by the indians fighting the said emigrant
party then in camp at the spring as already
stated the firing was continued some ssaiyy
five others sRaayy seven days during the five
or seven days of firing aarnidd fighting bbvy the
indians the eemmiiggiraanntt party was corralled
that iiss they made a corrall and temporary
fort by their wagons and filled duunnddeeri the
wwbheellss and to the bed of the agori with
sand aad earth dug iinn the centre of corrall
I1 saw the ditch and other evidences of there
havig been a corrall beat lath 1837 morning
a friendly iinnddiaiann and who could talk
english came in the corrall the iinnmates

3/10/17 Page 106

having then lbeeeenn without water from fie
to beien ddaayss made arrangements or treaty
with said indian the indians to have the
property and to spare the lives of the w hites
and permit them to rreettuurrna to painter creek
and cedar city from the spring and corrall
to the place where it iiss ssaaidd they were
murdered and where I1 saw the graves or
imperfect holes is at least one mile aarnidd a
1I walked


I have come to the conclusion after different conversations with these children,
that most of them come from Johnston co., Arkansas. Most of them have told me
that they have grandfathers and grandmothers living in the States.
the ssltaattees ft
mr Ilamblim has good rreeaassoonnsa tiorr 11
lieving tthhaattaa boy about 8 years aanndibbbereliolmo9 ing to the party in
question IS among the alajos iInndaiiaannss at or near the cCoOlolOmaadl
river iJ
amlyy communication iigs already ttoooolif
but must ask your indulgence for a hf
imnoorree 1
I1 wiillll keep the children under my ilinttan
diate supervision until the appoint
to take them to fort smith arrives 4
the massacred an enttiirree train hnott oonine
remaining to speak odfettlhiee ddrraamrnaa buti
teen fatherless moottbheerrlleessss arniidl ppeennnpneiess
cchhiillddrreenn supposed probably to be locco
to give the affair tangibility aamot remain
long uninvestigated
the cause or reason for the ccoomininBifsasilot or
a crime so terrible as that of killing aabt lleiatst
persons must assuredly become a
of enquiry with the proper legal
the ppilluuttee tribe o0f indians have biemen ai
are charged with the above crime lliasit

3/10/17 Page 107

august my attention was called to tihn
mountain meadow affair officially
I1 have made diligent enquiry
statements of persons living ilithe neich lai
hood and finally visited the ssoouuLthbeerrnn co
try and now after full enquiry and examination
I1 deem it to be my impel ath e daly
to say that the iinnddiiaanrss bhad material aaiicdairrdi
aassssiissttaanccee from aarnidd in my op
the pppiiinttetee indians mould rot haie areeril t
braked the terrible mmaassssacrte kiib a
aaannsAdsistance 1
mr jacob hamblin and others of swi
clara expressed omuucchh anxiety to arb g
I1 guilty to justice J
I1 remain very respectfully yours ft f


G.S.L. CITY, May 5, 1859.

DEAR SIR: - I returned yesterday from a laborious trip through the extreme
southern portion of the Territory, at the same time interesting however.
The purpose of my visit was, to see and learn the condition, locality, and
character of the Pi-ute tribe of Indians, and to bring certain children to this city.
The Pi-Ute Indians, living in the southern part of the Territory, are divided
into ten bands, each band numbering from 60 to 150, which live and roam on and
adjacent to the Southern California road, from Beaver to the California line, and
along the Santa Clara, Los Vegas, and Rio Virgin rivers. There is one principal
chief, whom all the bands recognise (sic) as such; each band had one or more
I saw all the chiefs, and many of the Indians, during my recent visit. The Pi-
Ute Indians are not an exception to the other Indians in the Territory in regard to
poverty; these are, if anything, the most destitute. There is less game in the
country claimed by the Pi-Ute Indians than in any other part of the Territory;

3/10/17 Page 108

everything growing with a life sustaining principle; roots, seeds (grass, &c.), and
a peculiar plant called umes. All these are collected with great care.
A few bands cultivate small patches of land; already, however, most of the
land, which is advantageously located for irrigation, is occupied. Begging among
the whites, and all sorts of shiftings, these Indians merely sustain life; and I very
much fear that necessity has compelled them heretofore to steal cattle, horses,
and mules, and to commit crimes too fresh in our memory. I will render them
such assistance in future as will be in my power.
There was during last winter, and is still, considerable travel on the Southern
California road; most of the travel consisted in trains, with goods from California
for Utah Territory. This was during the season of the year when the Indians are
most destitute; indeed many in a starving condition. I am informed that some of
these trains were severely taxed by the Indians.
You are well aware that, owing to the entangled condition of affairs here, I
could do but little officially until last June; since then I have been constantly
engaged among the Indians, endeavoring to ameliorate their condition in
different parts of the Territory. It was my desire to have visited the Pi-Utes mush
sooner; this was impossible. The awful Mountain Meadow tragedy was
perpetrated in Pi-Ute country. More of this by and bye.
I found much of the road on my way south exceedingly bad, in consequence of
snow, mud, tremendous hills, and innumerable rocks and stones. One wheel of
each wagon and my carriage smashed flat, besides minor accidents, and
occasionally the mules straying away; and always at a place from 10 to 20 miles
from any place. Patience being the only help in such circumstances, never having
had much to spare, necessity and circumstances, however, have furnished me
with some.
After I got south of Fillmore I found it difficult on my way south to procure a
sufficiency of grain for my stock; for what reason I cannot tell. We however, got to
Santa Clara finally.
I neglected mentioning that Mr. Rogers accompanied and rendered me
valuable assistance. I reached the memorable Mountain meadow valley 300 miles
South of this City, Wednesday, April 14th, and nooned (sic) at the Spring in the
south end of the valley, and where the unfortunate emigrant party was camped
from five to eight days.
The valley, usually called Mountain Meadows is about six miles long, south
east and one to three wide, and almost a continuous meadow, and already
excellent grass throughout the whole valley. The road leading into the valley
from the east, goes through a narrow kanyon (sic), the road from the valley
south, turns abruptly north-east [southeast], and passes over a considerable hill.

3/10/17 Page 109

There are two narrow out-lets from the valley, besides those already mentioned,
and through which the water runs. The entire valley excepting the roads, and
out-lets alluded to, are surrounded by high hills, with several small ravines or
gullys (sic) between broken and abrupt hills. From several points within the
valley proper, I could have a distinct view of anything that might be transpiring
in the whole valley. There is one house with corrall (sic) &c., in this valley
situated in the east end.
I have now traveled over much of this extensive Territory, and the Mountain
Meadow valley is the most extraordinary formation west of the Rocky
Mountains, probably in a higher altitude, than any other valley small or large, on
the continent; yet a continuous and handsome meadow furnishing grass for..

the Indians had material assistance from the whites

****Forneys letter is cut off right here. Need to contact the USHS to order a copy

Placerville, Cal.,
April 24, 1859, 8 oclock, P.M
To the Valley Tan: -
We send per telegraph two days later news than taken by overland mail.
The acquittal of Thomas Seals for the murder of Paul Shores, at San Jose, has
caused considerable sensation, as he came very near being the victim of Judge
------- more news items--------------
The press of California sustain Judge Cradlebaugh in his course in trying to
punish crime &c., in Utah.
No Valley Tans received here the last two mails

GENOA, Carson Valley, April 29.
The Salt Lake mail arrived here yesterday morning at 8 oclock, 9 days from
your city. The snow on the route between here and Placerville, is fast
disappearing. Pack trains have started over for goods. The route will be open for
wagons in a few days. The announcement of Judge Cradlebaughs early visit to
our valley is hailed with joy by the citizens.

3/10/17 Page 110

The Walker river gold mines and agricultural lands in that region, are
attracting a great deal of notice. A prominent citizen of this place purposes (sic)
putting on a line of stages hence to Walker river diggings.
Maj. F. Dodge, Indian agent, arrived in Placerville last evening, on his way
from San Francisco, where he had been absent for two weeks on official business.
Weather delightful.

The following very pert and sensible remarks we clip from the Golden Era.
Emergencies have recently arisen in Mormondom which called for the energies of
one who could act boldly and fearlessly, with consciencious (sic) sense of right;
one who would not succumb to Gubernatorial dictation or cower under his
command, and such an one has been found in his honor, Judge Cradlebaugh.
We have on more than one occasion endeavored to defend his Excellency,
Gov. Cumming, against the accusation of Mormonism, but his recent action in
opposition to Judge Cradlebaugh, manifested by his efforts in conjunction with
the Mormons for the removal of the necessary military protection from the court
at Provo, convinces us that his sympathies, at least, are with that immortal
association of patriotic and loyal American citizens:
Shake a measure of corn, and the large grains will rise to the top. So it is with
a community. Agitate it, and great minds, which otherwise might have
slumbered on in obscurity, unconscious of their own might, become conspicuous.
Judge Cradlebaugh, of the U.S. District Court of Utah, may be cited as an
example. He is making his mark in that Territory. If half that is written of him be
true. Six months ago he was known as a young man of fair abilities, but of years
too few to successfully manage the important charge intrusted (sic) to him; but he
has shown himself the man for the emergency. Satisfied that many leading
Mormons had taken part in, or instigated, the Mountain Meadow massacre, and
the murder of Jones, Porter (sic), Forbes, Parrish and a dozen others during the
past two years, he determined to bring them to punishment.
On the 8th of March he organized his court in Provo city. As there was no jail in
the city, he made a requisition on Gen. Johnston for a detachment of troops to
guard the prisoners and give protection to the court. The local authorities and
Mormons strongly objected to the presence of the troops, and petitioned for their
immediate removal, but without effect.

3/10/17 Page 111

Governor Cumming who is represented as an admirer of
Brigham and a tolerably good Mormon was prevailed
upon by some mysterious influence to join in the

The judge however, did not feel disposed to gratify his

Excellency, but on the contrary considerably augmented
the military force around Provo. Grand and petit juries
were sworn in but as the majority of their members were
Mormons, they refused either to indict or convict. In his
charge to the grand jury, the Judge, although his words
fell like bombs among the Saints and shook Mormondom
to its centre, openly accused elders and bishops of
participating in the butchery of one hundred and forty
immigrants at the Mountain Meadows, and mentioned
the names of Mormons who had perpetrated other
murders and robberies, and where witnesses might be
found to establish their guilt. He spoke and acted with
the fearlessness and resolution of a Jackson, but the jury
failed to indict, or even to report on the charges, while
threats of violence were heard in every quarter, and an
attack upon the troops was intimated if he persisted in
his course. Finding that nothing could be done with the
juries, they were discharged on the 21st, with a scathing
rebuke from the Judge. Sitting as a committing
magistrate, he began the task alone. He examined
witnesses, made arrests in every quarter and created a
consternation in the camps of the Saints, greater even
than was occasioned by the first arrival of the troops
within the walls of Zion. At last accounts terrified elders
and bishops were decamping to save their necks and
developments of the most startling character were being
made, implicating the highest church dignitaries in the
many murders and robberies committed upon the
Gentiles during the past eight years. All honor to the
young Judge! -- Territorial Enterprise.

3/10/17 Page 112


The office of the VALLEY TAN has been transferred to the hands of the Hon.
JOHN HARTNETT. Considerations of a personal and private character have induced
me to take this step. The paper will be continued under his auspices, and as soon
as facilities and arrangements can be perfected, it will be enlarged.


It will be seen by this number that we part with the Valley Tan, a little
nurseling in the mountains, and probably endeared to us on account of its very
infancy and weakness. In leaving, a little retrospect of the present conditions and
past conditions of Utah, would probably not be inappropriate.
Should the question be asked, does peace exist in Utah, it would be a sufficient
affirmative to answer, that no engagement has taken place between the United
States troops and the Mormons, and that there are not two visible opposing
forces in the field; then there is Peace in Utah. We have, however, no parallel in
our history to the anomalous condition of affairs now existing here. All
christendom has looked earnestly on, from the commencement to see the end of
the troubles in this distant territory, and events which have recently transpired
will quicken the interest which the Mormon question has everywhere excited.
The record of the proceedings connected with Judge Cradlebaughs late court
at Provo has been made up, and is now before the Cabinet at Washington.
The distinct and unavoidable issue is now presented to the American people,
whether crime is to be smothered up in Utah and allowed to go unpunished, or
whether, as is the case everywhere else, an independent judiciary is to be
sustained in its earnest and laborious efforts to vindicate the majesty of the law.
While the question thus stands, we hear the notes of preparation on the part of
the Mormons, settling their squadrons in the field, should their insolent and
extraordinary pretensions not be regarded in whatever judicial action is to come.
The Governor in the proclamation published last week, informs us that the
peace and good order of the territory is about to be jeopardized by persons
associated together in a military capacity, throughout the populous portion of
the territory. We refered [sic] last week to the circumstances which elicited this

3/10/17 Page 113

document and which we characterized as a condition of affairs treasonable in its
animus and insulting to every loyal American citizen.
We have a word or two more to say about this proclamation. We repeat what
we said before, that its result will be just nothing whatever. We are in the habit of
dealing in dealing with facts as they are and not as in our judgment they ought to
be. From the language of the proclamation who could tell what persons were
meant by it? It could not be the handful of christians who are here. Of course it
does not refer to the army or any of its detachments. It meant the Mormons. It
meant disloyal people, long residents of this Territory, and it ought to have said
so. Mr. Buchanan, in his proclamation so designated them. It ought to have been
placed in the hands of the Marshal for the Territory, appointed under the
authority of the United States. Both of the federal judges have concurred in the
judgment, that the attempt to create a territorial marshal and thrust him upon the
federal authorities is an attempt at legislative usurpation, violative (sic) of the
terms of the organic act. Yet the Governor assumes to himself to review their
decision and to recognize his commissioner, JOHN KAY, as invested with the
authority of a marshal of the Territory.
Every body knows that the recent effort of Judge Cradlebaugh, at Provo, to
bring to justice the murderers of the Mountain Meadow massacre, the Parrishes
and Potter, and others has caused all Mormondom to howl in its dark and secret
recesses; and every expedient has been employed in resisting his efforts to protect
society against organized assassins.
Where are now the Presidents of Stakes, Bishops, Teachers, and territorial
officers who have just fled for the mountains in fear of just punishment for their
crimes? These are high authorities in the Church, against whom a chain of
circumstances has been elicited by testimony, showing a confederacy in crime. All
of us know that the Mormon church is a secret oath-bound organization, as
united in aggression as it is compact in defence (sic). All of us have a belief
amounting almost to knowledge that if Brigham Young were to direct the
surrender of Snow, Johnson, Earl and the whole list of fugitives from justice to-
day it could be effected to-morrow. All of us know that the testimony taken
implicate these men in crimes which make humanity shudder. All of us conclude,
therefore, that when the lawful process of the judge is running for the arrest of
these murderers, the whole Mormon church is acting as an accessory after the
fact to conceal them and prevent their arrest, if necessary, by force. But enough of
this. Whilst we have no unkind word personally for Governor Cumming, we feel
ourselves bound by our duty to our readers and the public, to express our
unqualified condemnation of this official act.

3/10/17 Page 114

Now, the issue which has lately been presented cannot be shirked. It is childs
play to talk about military despotism and all that, in the face of present
circumstances. General Johnston, as a man and a general, has nothing of that sort.
In conformity with his instructions, and acting upon that discretion with
which they clothe him, he has seen proper to furnish his aid and countenance
to the administration of criminal law in Utah. Without that material aid, all
recent efforts could have ended in utter failure. With it, painful however it may
be to contemplate, a dark catalogue of crime has been revealed, the good fruits
of which may be the punishment of the offenders, and the protection in future
of the law-abiding portion of these people against a recurrence of similar
feasts of blood.
In the exposition of these enormities we have lent the aid of our little journal,
and we have placed a wedge in the rotten cut which some more vigorous arm
hereafter may open.
It may not be inappropriate here to refer to matters more particularly
concerning ourself (sic). We had scarcely commenced our publication before the
Utah Legislature declared the Valley Tan a libelous and scurrilous sheet, if we
have misquoted it is because we have been unable to obtain a copy of the
resolution; such, however, was the language of their speakers upon the occasion.
This was an official act, and although the resolutions were subsequently
repealed, it shows, and we so stated it at the time, the feeling that existed upon
the part of a co-ordinate branch of the Government. We challenged then as we
do now, anything pertaining to libel an scandal, unless the republican of the
filthy and beastly harangues of their apostolic leaders might be considered
libelous, etc. to which case we plead guilty.
The judgment, however, pronounce upon us by a Mormon Senate we most
graciously accept, and only trust that it will appear upon their records, expunge
and all; for should it not so appear, it would only save us the trouble of referring
to it by recollection, while their journals in its absence would be false; and if false
in one instance, the integrity of the whole might well be doubted.
Our offence (sic), however, consisted in the establishment of a free press, and
here is the rub; and we can assure them that a press must and will exist here; and
so far as we are concerned, the shaft has fallen harmless at our feet, but like the
boomerang of India it may recoil with force upon those who hurled it.
We can say that our personal relations with this people have bee of a
friendly kind, and we have no animosity against them. We have warred against
corruptions and crimes that have existed here, against the Church which
protected it, constituting as it does a power whose dignity overshadows all other

3/10/17 Page 115

authority. We have taken our last tag; we have no apologies to offer, no
retractions to make.

PERSONAL. Among those who left yesterday for the auriferous regions was
Major Brookie. We hope the Major will make his pile.
Note Deputy Marshal Brookie assisted Marshal Dotson in Provo and in the
Springville raid. This might be the same gentleman. It shows the eagerness the
federal agents had in leaving a place where they knew federal authority was not
going to be respected or asserted.



Utah. Advices from Utah, received at Louis, represent Gov. Cumming and
Gen. Johnston in command of the troops stationed in that Territory, as not able to
agree as to the extent of their respective powers, and Judge Cradlebaugh as
highly indignant at the refusal of the grand jury which attended his Court to find
bills of indictment, which he strongly urged upon them in relation to certain
alleged murders which had occurred previously to his coming to the Territory.
That the high dignitaries of the Territory Executive, Military, and Judicial may
come into collision is what might be expected, but that it will go any further than
hard words, or that it is going to bring on a collision between the troops and the
Mormons is more than we believe. We have heard that same story too often
before to put much credit in it. As to the grand jury refusing to find any bills, that
is one of the privileges which grand juries assume from time to time, and is by no
means peculiar to Mormons. The report is that the judge, when he went to Provo
to hold his court, took with him or sent for a detachment of troops. The excuse he
gave for it was, that there was no jail at Provo, and he wanted the troops to act as
keepers for certain prisoners whom he had caused to be arrested, and whom he
wished the grand jury to indict. The Mormons, on the other hand, regarding this
sending for troops as an attempt to overawe them, and it was a natural
movement, under such circumstances, which might have occurred elsewhere in
Utah, for the grand jury to throw out the bills presented to them. Nor, indeed, as
to any matters involving, in the opinion of the Mormons, the defense of their

3/10/17 Page 116

domestic institutions, will a Mormon grand jury be any more likely to find bills,
than a Southern grand jury.

Note interesting article but I think the author missed the point. Cradlebaugh
did not attack any Mormon domestic institution (which is code for polygamy).
Cradlebaugh pursued murders. Although the writer is correct in asserting that
grand juries, from time to time, refuse to find any bills, the situation in Provo was
a little different because some of the alleged perpetrators of the crimes being
pursued and friends and family of the alleged perpetrators actually sat on the
grand jury! It was a situation destined for failure.

[By Telegraph]
ST. LOUIS, APRIL 27, 1859.

Accounts from various private sources on the Mormon side represent the
condition of affairs in Utah as materially different to what has been previously
been reported. It is positively stated that there is even a symptom of hostile
demonstration; that persons are subpoenaed as witnesses, and then arrested and
placed in charge of the troops for safe keeping.; that the Sheriff of Utah County
had notified Judge Cradlebaugh that he was prepared to take charge of all
prisoners accused of crime, saying at the same time that he had a secure jail and
would increase his bond to any extent that the judge required; the Grand Jury
were just prepared to make a presentment when they were discharged, and that
they had protested against the action of the Court. It also asserted that Gov.
Cumming, Secretary Hartnett, Prosecuting Attorney Wilson, and Dr. Forney are
opposed to and at the course pursued by Sinclair and Cradlebaugh.
The Deseret News has published a memorial from Gov. Cumming, attempting
to prove the illegality of Judge Cradlebaugh holding Court at Provo. It also
severely criticises (sic) the Judges course, and accuses him of setting himself up
against the civil authority of the Territory in employing the troops to execute the
orders of the Court, without valid reason, thus clearly a total disregard of the
latest expressed policy of the Administration concerning Utah. It also charges
him with a settled purpose to force a collision between the people of the Territory
and the troops.
The Mormons seem to regard President Buchanans proclamation as
exempting parties from arrest for all past offences (sic).


3/10/17 Page 117


G.S.L. City, April 2,

There is great excitement existing in this territory, and things are in a worse
condition, even, than they have ever been before or after the advent of the army.
In plain words, and to give you some idea of affairs here, the feeling has
reached the culminating point, and we are on the very eve of open hostilities.
This has been bought about by the firm and manly stand of the two Judges of
the U.S. District Court, Sinclair and Cradlebaugh, who, in their endeavors to
ferret out the numerous murders that have been committed, have excited the
apprehensions of the Mormons, who have done all in their power to prevent it.
The reason for this is obvious; a full investigation might implicate some of the
leading men in the church, or, at all events, show that these dreadful outrages
were committed by the authority of the church. Mormon grand juries have
failed to present indictments for these bloody deeds, although their attention was
especially called to them by the Judges, and even when they did find a bill for an
offence of an inferior grade, Mormon juries would acquit.
The great theatre of strife and which has radiated throughout the whole
Territory, is at Provo, where forty miles distant from this city, where Judge
Cradlebaugh is trying to hold court; I say trying, for although he has been sitting
now nearly a month, nothing has been done. The Bishops, and many of the
people, have fled their consciences, probably suggesting the propriety of such a
course. Judge Cradlebaugh, seeing the manifestations when he opened his court,
made a requisition for a company of troops to guard the prisoners and protect
the lives of witnesses which had been threatened. To this requisition, General
Johnston promptly responded, and they have been there ever since. The
safeguard to the court, witnesses and prisoners has (sic) aroused the indignation
of all Mormondom and they talk big.
An appeal was made to Gov. Cumming, under the impression that he could
have them removed, a forthwith a solemn protest is issued, a copy of which I sent
you by the last mail, protesting against the presence of the troops. The Governor
has been down to Provo a few days since, and while there wrote a letter to Gen.
Johnston, requesting him to withdraw the troops or remove them to a greater
distance from the city. Gen. Johnston declined to interfere in the matter, and
stated that the troops were then under a requisition from Judge Cradlebaugh,
and were subject to his orders. This was a stunner. As the excitement increased,

3/10/17 Page 118

and threats of the militia and people rising to expel the troops, Gen. Johnston
sent up nine additional companies on his own hook, in case of an outbreak, to
protect the company which was there, by order of the Court, and they camped
six miles distant. Within the last few days, however, things have assumed such an
attitude that it was deemed prudent to remove them three miles nearer. Should
there be a collision look out for all timber.
The next item of interest is, that there is not only a difference between Gen.
Johnston and Gov. Cumming, in relation to their respective powers, but there is
an open division and rupture between the Executive and the Judiciary. This is the
state of affairs at present, and you may well imagine it is not very agreeable.
Judge Cradlebaugh is now sitting merely as a committing Magistrate, and will,
next week, go to the camp, where he will continue his investigations. It is to be
hoped that his labors may be crowned at least, with some degree of success.


The office of the VALLEY TAN has been transferred to the hands of the Hon.
JOHN HARTNETT. Considerations of a personal and private character have induced
me to take this step. The paper will be continued under his auspices, and as soon
as facilities and arrangements can be perfected, it will be enlarged.

To-day the Valley Tan makes its appearance under a different

proprietorship, as may be seen by the above Card of Mr. KIRK ANDERSON, he
being on the eve of departing for the States.
This is a position not desirable to the present proprietor, for many reasons, nor
is it his intention to continue the directorship of this paper any longer than he can
help; but whilst under his control will contain only expressions, independent, fair
and honorable. At present, time forbids our saying more; but if we continue our
position much longer we will be better understood.


******* I cut off the article leading to How Gov Cumming is Regarded. The
previous article is about JCs hate mongering. Need to contact USHS ***********

3/10/17 Page 119

Everything that they could possibly do to make themselves hated they have done, and
for the consequences of their acts the government who sent them is responsible. If they
are not removed trouble must come; for the personal contempt which they have managed
to create against themselves is sure to end in some conjured up contempt of court,
apprehensions of somebody, and the train of circumstances which freemen, conscious of
their integrity, are not likely to submit to.



(Extract of a private letter.)
G.S.L. City April 16, 1859.
The court was adjourned sine die on the 4 inst., and the Judges remarks at
the time of adjournment were replete with rancor, illegal and unwarrantable
accusations, and evident disappointment in not being able to criminate (sic)
Brigham Young. He left no means untried to get cause against the President.
He could not disguise his anxiety and determination to arrest him; but
innocense (sic) and truth in that respect have triumphed as yet although efforts
were made to implicate some eminent ecclesiastical officials. The Judge is at
Camp Floyd; what he is doing I am not aware. He is, however, concocting some
mischief over the inhabitants of this Territory. What that mischief is we cannot
tell, but we feel confident that all attempts to trample on our rights and injure the
innocent will fall on himself. Although the Court is adjourned, and no business
was on hand to warrant him to continue it, yet his deputy marshals are prowling
about the country, like the----seeking whom they may devour. On Wednesday
night, the 6th inst., they went into Springville, expecting to arrest several persons.
But when the men see the very constitution disrespected by loyal officers, every
mean and illegal measure entered into to rob them of their liberty, and witnesses
arrested to deprive the accused of testimony in his favor, they are careful not to
place themselves in the tender mercies of the wicked.
We fully expect the Judge has retired to camp to consult with others to prepare
a reply to the Governors proclamation. The Judge, army officers generally, and
sutlers are much displeased with the Governors straightforward and honorable
course. Indeed it was currently reported that they threatened to arrest the
Governor if he was not careful; but I think that were such a thing attempted
(though it is scarcely possible to conceive such a measure), the whole army
would fail to succeed, for the people are loyal enough to sustain the executive,
and would, I think, resist. Gov. Cummings course is straightforward, manly and

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patriotic. He is rather in a peculiar position. On the one hand the Mormons look
to him to sustain them and defend them from the inroads of judicial prejudice,
and he is willing to do his duty to them and defend the right; and on the other
hand the interested itinerent (sic) settlers, denominating themselves Gentiles,
want him to pitch into the Mormons, and fell very angry when he thwarts their
nefarious designs. Nevertheless, he neither courts the Mormons favor, nor
dreads the scowl of their enemies. He takes his own course, and seeks in taking it
to promote the wishes of the administration at Washington.
The Judge Strong on Hanging.
The affidavit of Aurelius Miner, counselor at law, sworn to before Judge Smith,
April 4, 1859, attests that he heard Judge Cradlebaugh, in a public sitting room in
Provo, say, that he would hang Kanosh if he could without judge or jury, and
that he would hang him whether he was guilty as one of the perpetrators of the
Mountain Meadow massacre or not. An din speaking of the Mormons accused
of participating in the same affair, he further said, if he could get one of them
convicted he would hang him so quickly that he could not possibly have time to
procure a pardon from the Governor, unless the pardon was made out in

The catalogue of crime in Utah is still on the increase. The confession of

Durfee, one of the prisoners secured under Judge Cradlebaughs efficient
exertions, discloses new features and participators, lifting the veil from off the
holy of holies till we see blood upon the would be pure the fountain that
would send forth pure waters of itself impure; the Trinity of Zion conceiving
doctrine, strong doctrine, and issuing orders that when carried our produce
death. Verily, of such is not, cannot be the kingdom of G*d, but rather that of the
Last week a youth, tired and travel worn, trembling with fear and hoping for
favor, entered the lines of the camp and sought the proper officers and prayed
protection, stating that he had fled from Tooele valley, whither he had been
restrained for months past, under threats of death if he left or revealed the
murderers of his father or brother, to him so well and sadly known. Encouraged
by the decided stand of the United States Judges for right, and their late efforts to
bring criminals to justice, he made good his escape, and arrived in Camp Floyd to
tell his painful tale and seek redress. A posse was dispatched to find the remains
of his relatives and their slayers, and in corroboration of his story they found the
bones of father and brother where directed, and secured the murderers or a
portion of them. Thus each week, yea almost each day, brings to light some new

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and damnable feature of this despotic fanaticism. We might cite other instances,
which we have from those who know them, but dare not at present, lest the ends
of just exposition (for we despair of just punishment) be frustrated. Parties who
have suffered and have sorrowed under this yoke are flocking to the military
and judicial authorities to disclose their wrongs and seek protection and
redress. Yet the church organ pretends ignorance of these outrages, proclaims
peace and prosperity, loyalty and good will to men, questions the actions of
the officials, casts innuendoes upon Gentile sojourners, accuses
correspondents of falsehood and misrepresentation, and, as is meet for such a
tool and instrument, accuses the testimony of the late investigations of
subornation, the disclosures of being hatched up by unjust Judges and by
contractors for the purpose of speculation and the detention of the army
here, to the annoyance of quiet, peaceable, and loyal citizens, and issues its
stereotyped cry of religious persecution. But we suppose the editor imbibes
the strong doctrine in such large draughts, that he considers the bloody,
murderous, soul-thrilling facts which stare the whole church and Territory, must
look the whole nation and the world in the face, as mere sacrifices to appease an
offended deity. If such a palliative, such barbarous superstition, consoles his
hardened heart and heated imagination, with those of his compeers in crime and
fanaticism, are they sufficient to palsy the strong arm of the law? To defeat the
ends and aims of justice? To screen a horde of murderer (sic) under the plea of
religious tolerance, and thus prostitute that sacred instrument, the
constitution? Or should it suffice to gull our administration and rulers, to lull a
christian nation into fatal repose? G*d forbid!
A few days since a deserter from the United States army, who has been at
work for Brigham Young for some ten months past, whilst on a drunk became
penitent, went to the United States Marshal and confessed his crime, was put
under guard, and returned to the army. This is but one of hundreds of instances
of Mormon aid and succor to deserters. They deem it a special privilege to help a
deserter on his way, as it weakens the force of the army in their midst.
We extract the following from the Washington correspondence of the Missouri
Republican of May 18.
I learn that very serious charges have been preferred at the War Department
against Capt. Vanvliet of the Quartermasters Office, who had the expenditure of
near two million dollars in the purchase of mules for the late Utah Expedition.
These charges are field by some of the parties who sold the mule to the
government, and they specify various and sundry instances of bribery and
corruption. It will be remembered that the contractors were dissatisfied with the

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prices allowed them by Capt. Vanvliet, and appealed to Secretary Floyd. It was
agreed that a court of three officers of distinction and experience should
investigate and decide the point in dispute. This court, after hearing all the
evidence, decided that the contractors should receive twenty dollars additional
for each mule sold to the government. This award was reduced, by the advice of
Quartermaster General Jesup, to ten dollars a head, and the amount was thus
fixed; paid by the Secretary of War. The claimants were still dissatisfied and
contended for the full award allowed by the court of officers, when an agreed
case was made up and submitted to the United States Court of Claims for an
opinion as to the legal obligation of the government to pay the full amount.
It is these contestants, I understand, who have preferred charges against Capt.
V., a copy of which have been furnished him. He responds that as soon as he can
hear from certain individuals, he will be ready with his defence (sic), and
although a court martial will be convened to investigate the charges, the friends
of Capt. Vanvliet feel every confidence in his entire innocence. The temptation of
fraud and peculation was indeed great, for two millions of dollars was an
enormous sum to be expended by a single officer yet if there was an officer in
the public service entirely above temptation, that officer is believed to have been
the accused.


Utah Territory, ss.:
At a meeting of the Justices of the Supreme Court of said Territory at Great
Salt Lake, on Saturday, the eighteenth day of June, in the year of our Lord one
thousand eight hundred and fifty nine, the said Justices order and appoint the
holding of the terms of the District Courts of the said Territory, until otherwise
appointed, to be held at the times and places following, viz.:
That the District Court of the first Judicial District shall be holden (sic) at
Nephi, in Juab County, on the fourth Monday in August of each year.
That the District Court of the Second Judicial District shall be holden (sic) on
the first Monday in September, at Genoa, in Carson County, in each year.
That the District Court of the Third Judicial District shall be holden (sic) at
Great Salt Lake City, in Great Salt Lake County, on the fourth Monday in July, in
each year. And each of said District Courts may sit until the first Monday in
November, if the business thereof shall require it.

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Chief Jus. Of Sup. Court,
Assoc. Jus. Sup. Court,
Assoc. Jus. Sup. Court.

These ads appeared in the August 13, 1859 Valley Tan. (Note I am sure they
probably appeared every week during 1859 see page 58 of this transcription).

ALEXANDER WILSON, U.S. ATTORNEY, for Utah Territory, will attend
promptly to professional business intrusted to him.
Office with Dr. Forney, Superintendent of Indian affairs, G.S.L. City.

Will practice in all the courts of the Territory, and especially in the U.S. District
Courts, and Supreme Court He will give efficient attention to all professional
OFFICE One door North of Post Office, Great Salt Lake City.

Office Council House st., opposite Miller & Russells store.


Carson Valley Election By a telegraphic dispatch from Genoa last night we
learn that the returns have not all been received yet. The race between Dodge and
Crane for Congress is very close but it is believed that Dodge is elected.


San Bernadino, Cal.,

July 4, 1859.

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Sir:- Feeling that the nature of the case makes it justifiable, I ask you to excuse
the freedom which I, a perfect stranger, take in addressing you, and in asking the
liberty of addressing the public through your columns.
I have seen, lately, in your little sheet, and in other papers, several articles on
the subject of that notable tragedy, generally known as the Parrish murder, in
which my name is mentioned in such a way and in such connections, as to make
it likely to leave upon the public mind the impression that I had something to do
with that bloody affair.
Of that affair I some little knowledge, which, if you will give it a place in your
columns, I will faithfully, and truly, according to the best of my recollection, give
to the public.
I will also, on the same conditions, give to the public my knowledge of some
other matters in Utah.
Well, now for my statements.
At a certain time, during the notable Reformation, I think in the winter of
1857, I was, as one of the Bishops counselors, presiding and speaking in a ward
meeting, the house of G.G. (Duff) Potter, where a brother counselor, N.T.
Guymon, came to the door, and said, Brother Stewart, please cut your remarks
short; the Bishop wishes to see you. I did so, and went with him to the Bishops
council room, an upper room in his dwelling house. As this was in the night, our
movements were, perhaps, observed by but very few.
The Bishop (Johnson), Guymon, and myself, and some few others whom I
cannot now identify composed this council.
After all had assembled, and were orderly seated, the Bishop stated the object
of the meeting, which was, that we might hear a letter which he had just received
from President Young. He there read the letter, the purport of which was about
He, Brigham, had information that some suspicious characters were collecting
at the Indian Farm, on Spanish Fork, and he wished him (Bishop Johnson) to
keep a good look out in that direction; to send some one there to reconnoiter and
ascertain what was going on, and if they (those suspicious characters) should
make a break, and be pursued, which he required, he would be sorry to hear a
favorable report, but, said he, the better way is to lock the stable door before
the horse is stolen.
He then admonished the Bishop that he (the Bishop) understood those things,
and would act accordingly, and keep this letter close, or safe.
The letter was over Brighams signature, in his own peculiarly rough hands,
which we all had the privilege of seeing.

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About this matter there was no counseling; the word of Brigham was the law,
and the object was, that we might hear it.
Early one morning, during the week succeeding this council, Parrish and
Durfee called at my house (office) for I was the precinct magistrate when Parrish,
under oath, said his horses were stolen the night before from his stable, and
required a warrant giving authority to search for them. I could find no la win
Utah, making it the duty or the privilege of a justice or any other officer to grant a
search warrant, yet I considered that there could be no harm in it, and therefore
granted it, directing it to the sheriff, his deputy, or any constable of Utah county,
requesting him to search diligently in Utah county for such property. Parrish
wished me to deputize Durfee to search, but I refused. It was at this time that
Durfee aimed, as I afterwards understood it, to give me a hint of his situation. In
private he said, You know how I stand. I replied, Yes, supposing that he
alluded to his apostasy, which he had made as public as he dare; when he
replied, Alls right in Israel. I did not understand him.
The next Saturday night there was a council, which I attended by special
invitation. In this council were, as well as I remember, Bishop A. Johnson, J.M.
Stewart, A.F. McDonald, N.T. Guyman, L. Johnson, C. Lanford, and W.J. Earl. I
am pretty certain there were others present, but I cannot now name them. O yes!
Potter and Durfee were present. They came in with blankets wrapped around
In this council there was a good deal of secret talking done by two or three
individuals getting close together, and talking in suppressed tones, which I ,
being dull of hearing, did not understand. I did not try to understand, but some
things I could not help understanding. I understood when Potter requested of the
Bishop the privilege to kill Parrish wherever he could find the damned curse,
and the Bishops reply, Shed no blood in Springville.
During this council, to the best of my recollection, I scarcely spoke a word. I
understood that blood would probably be shed, not in Springville, but out of it.
I did in my heart disapprove of the course but I was in the current, and could
not get out, and policy said to me, Hold your tongue for the present. This was
Saturday night, and, as well as I remember, I heard no more of the affair till the
next (Sunday) night, one week, that is eight days, which made it Sunday night.
I knew nothing of the plan, nor of the deeds having been done, until near
midnight, when I was awakened, and requested to go and hold an inquest over
some dead bodies. W.J. Earl, one of the city aldermen, and my predecessor in the
magisterial office, made this requirement of me, and undertook to dictate me in
the selecting of a jury. I considered my position for a moment, and concluded to
suffer myself to be dictated to, unless an attempt should be made to lead me to

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the commission of the crime. In that case I felt that I would try mighty hard to
back out.
I obeyed my manager, W.J. Earl, in selecting the jury. Having summoned a part
of the number requisite for a jury, and being told by Earl that the jury could be
filled out after we got there, we proceeded along the main road, south, about one
mile from the public square, to the corner of a field known as Childs corner.
Here laid the bodies of Wm. M. Parrish and G.G. Potter (Duff Potter.) They had
evidently been killed in the road and dragged to the place they then occupied.
Not to be tedious, I proceeded to fill up and qualify the jury. The examination
took place under my own observation. It was a protracted one; a minute record
being kept by A. F. McDonald, foreman. Before we got through with young
Parrish, Beason (so called) was discovered dead at a distance from the other
bodies of about 15 rods, in a south-east direction. The verdict was, That they
came to their deaths by the hands of an assassin, or assassins, to the jury
Their bodies were hauled to the schoolhouse, by George McKenzie, who by
somebodys direction, as I suppose, was on the ground with his team and wagon.
The bodies were guarded through the night by the police. The next morning the
Bishop sent word to me to bury the bodies, which I did, and made out the bill
according to the charges of the men employed. I was told to take charge of the
goods, chattels, and clothes of the murdered men; which I did, and in due time
delivered every article to their families, except a butcher knife claim- by Mrs.
Parrish, which I did not suppose belonged to her, and which I would not give to
her (professing ignorance of its whereabouts) till I could get directions from the
Bishop. [She never got the knife; it was subsequently lost in my family.]
The law of the Territory made it my duty to make returns of my
proceedings, in this case, to the County Court, but the Bishop told me not to
do it, and I obeyed him.
Some considerable time, I dont know how long after the murder, I spoke to
Bishop Johnson concerning the above named knife. I supposed, from the fact that
when the knife came into my possession it was all over bloody, that it had been
used by the assassin; but the Bishop thought differently. During our chat about
the knife, and the murder, the Bishop asked:
Do you know who done that job?
I replied, No. he then asked, Have you any idea?
Cant you guess?
I answered, I guess I could.
He then said, Well, guess.

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I guess William Bird.
He replied, you are pretty good at guessing.
I know nothing which would have naturally caused me to suspect Wm. Bird,
even as much as some others, but there was an internal prompting right at that
moment, and I spoke accordingly.
I suppose I had as well say something about the Notorious Court in which
Durfee and O. Parrish were tried, for the murder of Potter and the Parrishes.
H.H. Kearns, Captain of the Police, came to me on Monday; the next day after
the murder, and told me that I must hold Court sometime that afternoon, and
examine Durfee and young Parrish in regard to the murder, as he had them
prisoners on that account. I understood that it was only to be done as a show, or
kind of a put off.
I ordered the prisoners before me, and, as I was directed, swore them to tell
the truth, &c., in the case then under consideration.
Durfee made his statement first, which was about what has hitherto been
revealed. He of course told what he had been instructed to tell. Parrish, as might
have been expected, chose not to know anything of consequence. It was certainly
wise in him to be ignorant.
It would have been in order, while on the subject of the knife, to state which
I will now state:
Before the Bishop and I had got through with our chat, Bird came in sight, and
the Bishop called to him; he came to us, and during our conversation, coolly and
deliberately made the following statement:
When Potter fell, I clinched Parrish, and killed him with my knife.
I know that Parrish was killed with a knife. Potter was killed with what
appeared to be one shot of four balls from a shot gun, entering just under his left
breast. Beason Parrish was also killed by one or two shots in his body, the
particular locality not now remembered.
Thus I have written all that I can think of that tragical (sic) affair.
I am perfectly aware that that portion of community who have no
knowledge of the under-currents and wire-workings of Mormonism will
consider me a poor concern, for suffering myself to be swayed in my official
duties by ecclesiastical dignitaries; for suffering myself in the case above
mentioned, to be governed by the Bishop, but I perfectly understood that to act
without counsel, or to disobey counsel, was to transgress; and if I had never
understood it before I could not help but understand it then, by the example
of the three dead bodies right before my eyes, that The way of the
transgressor is (was) hard.

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I might make some revealments (sic), but they would not be very important,
concerning the case of Mr. Forbes. I may make them at some future time.
I will now close.
I am, &c., your humble servant.

Note this article was reprinted by Stenhouse in his book, Rocky Mountain


VALLEY TAN, 17 AUGUST 1859, 2/1.
Captain Simpson informed the local Utah press that he was confident that this
route will be found from 25 to 50 per cent better than the old Humboldt River
route, and particularly fine for stock driving. It also has the advantage of being a
later fall and earlier spring route. He promised to provide emigrants interested
in his new trail with an itinerary.


You writhe in the gattling chains which you have imposed upon yourselves, in all
the hellish misery of self-destroying fiends, and when you see delegates of
liberation standing over you, hammer in hand, to burst asunder your fetters, like
the Blacksmiths viper, you hiss and dart the tongue of malignity with ever-
increasing fury as each succeeding effort goes to prove the utter abortiveness of
all your attempts to sink your venomous fangs. Was ever before such a deplorable
picture presented to the eyes of man?45 [28 September 1859]


Widespread opinion that The Valley Tan had been conducted as an organ of a
small number of Federal office-holders in this Territory, and that it has never been
a fearless and outspoken sheet, but on the contrary, cramped and trammeled in
its tone, to suit the purposes of a few individuals, rather than to reflect truly and
faithfully the existing state of things in this Territory.
In the October 19 issue it announced that Stephen DeWolfe, the acting U.S.
attorney in Utah, would be taking over as editor. In his first issue DeWolfe,
proclaimed that the paper would continue to denounce whatever is vicious,
corrupting, and degrading, no matter on what pretenses sustained, or by whom,
or how extensively practiced.

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He condemned the allegations of others who claimed that his paper had been
established only for a few federal officers and that it was not reflective of the state
of affairs in Utah.


No mans life is secure as long as the scenes of violence and bloodshed which
have been of such frequent occurrence among us for months past continue to be
repeated, and the perpetrators escape punishment, or are not detected.
He was also concerned with the many murders and intended to find the band of


One thing is certain, whether he represents the religious tenants [sic] of
the Mormons or not, as their political representative and delegate, it
[p.243] would certainly appear to be his [William H. Hoopers] duty to
vindicate his constituents...if he felt able to do so. Mormon newspapers
and leaders are in the constant habit of evading the charges so frequently
made again[s]t them by attributing them to slander and...hired and
irresponsible letter writers. But here the charges come...from no obscure
and irresponsible source; they are clearly and specifically set forth; the
man who makes them occupies a position of responsibility and honor, that
entitles his statements to some weight and consideration, if not disproved
or denied. He assumes the burden of establishing the charges...if their
delegate in Congress will only meet him in public discussion; and if this is
declined, the Mormons cannot...as they have heretofore, skulk down
behind the pleas that irresponsible persons have lied about them; nor can
they...stifle the freedom of speech by bravado or threats of violence.

The threats made against me for making statements which I, in common with
almost every man in this valley not connected with the Mormon church, believe
to be true, afford proof, if no other was found, of the correctness of all that I said
about the insecurity of life here to such as fall under the ban of the Church
authorities, and I have not a word of retraction to make of any line or paragraph
which I have written on this subject; on the contrary, reiterate again my firm
belief of the truth of all I have said, and take the risk of whatever consequences
may result from a repetition of my former statement. In addition to that

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statement I will add that murder has been sanctioned from the pulpit of the
Mormon tabernacle in this city, and there is incontestible proof that men have
been murdered in this Territory whose death was deliberated about and decided
upon in meetings over which a person holding a high position in the Mormon
church presided. Neither do I fear the hierachial authorities' priestly curses when
engaged in a cause that I believe just and righteous. Nor will threats or
intimidation lead me to shrink from the performance of any known duty.



Below the reader will find a letter from Judge Cradlebaugh, of the United
States Federal Court of Utah Territory, who is now in Washington, inviting the
Hon. Mr. Hooper, the Mormon in full communion, who now represents Utah
Territory in the Representative Hall, to a public discussion of different Mormon
questions in issue before the people of the United States. Judge Cradlebaugh is a
gentleman of fine abilities and great energy of character, and is evidently
earnestly bent on informing the public mind of the truth concerning the practices
and tendencies of Mormonism, which must be dealt with by Congress if it would
put an end to the enormous expense now growing out of the necessities of our
military service in that quarter. If Mr. Hooper accepts Judge C.s invitation, a vast
concourse of intelligent and deeply interested persons will doubtless attend their
discussion from its opening to its close.
WASHINGTON, 18TH Jan., 1860.
Wm. H. Hoooper,
Territorial Delegate from Utah.
SIR: - I see from time to time the N.Y. Heralds correspondence from Utah, in
which denials are made of the charges preferred against the people you
represent, and false suggestions expressed as to the condition of affairs in that
Now to the end that the country may know the truth respecting these matters,
I have thought it right and necessary to address you this communication. I assert

1st. That the Mormon people are subject to a theocratic government, and
recognizes no law as binding which does not coincide with their pretended
revelations as promulgated by their Prophet, Seer, and Revelator, Brigham

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2nd. They have taught and still teach Treason against the government of the
United States.
3rd. That they practice polygamy in a manner shocking to the moral sense of
the world, and aggravate the offence (sic) by incest and murder.
4th. That they teach the doctrine of the shedding of human blood for the
remission of sin, as defined by their own ecclesiastical code, and these teachings
are carried into practice. The murder of Jones and his mother at Pondtown; of the
Parrishes and Potter at Springville; of the Aiken party at Chicken Creek, the mud
fort at Salt Creek, and at the bone yard, and of Forbes at Springville, are the
natural results of these vile doctrines.
5th. That they teach the doctrine that it is right and godly that Mormons should
rob Gentiles whenever they can do so with facility and escape public exposure.
The Mountain Medows (sic) Massacre is a melancholy proof of this fact.
6th. That they teach the doctrine and practice it, of castrating men, and have
declared from their pulpit, with public acquiescence, that the day was near when
their valleys would rebound with the voice of Eunuchs.
I am prepared here and now with proofs to sustain these charges,
unpremeditatedly taken from numberless enormities; and occupying the position
which you do here a member of the Mormon church, having received your
endowments and taken upon yourself the oaths and obligations of the church I
have to say to you that at any reasonable time and place of your own selection;
meet you face to face before the people and Federal authorities here, ready, but
sorrowfully, to substantiate every specification herein contained.
I have a file of the Deseret News, your church organ, running from 1850 to
1859, containing Mormon history and current affairs during that period; and
should you accept this proposition for calm, fair comparison of testimony on
these subjects before a discerning public, this file will be at your call for reference.

The above statement and letter of Judge Cradlebaugh to Mr. Hooper, delegate
in Congress from this Territory, is taken from one of the Washington City papers.
The paper from which it is copied does not state whether Mr. Hooper would
accept or decline the proposition for discussion tendered by Judge Cradlebaugh,
but from a private letter received by a gentleman in this city from Washington,
we are informed that Mr. H. will not, and does not accept the challenge of Judge
Cradlebaugh, and that his declining to do so will be regarded in Washington and
elsewhere as evidence that he cannot disprove the charges made in the letter of
the Judge. It has been rumored, but on what authority we know not, that Mr.

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Hooper denies in Washington that he is a Mormon or connected with the
Mormon church. Whether he does [2/3] or not we do not know; one thing is
certain, whether he represents the religious tenets of the Mormons or not, as
their political representative and delegate, it would certainly appear to be his
duty to vindicate his constituents from such charges as the Judge has made
against them, if he felt able to do so. Mormon newspapers and leaders are in the
constant habit of evading the charges so frequently made against them by
attributing them to slander, and the statement of hired and irresponsible letter
writers. But here the charges come in no obscure form, and from no obscure
and irresponsible source; they are clearly and specifically set forth; the man
who makes them occupies a position of responsibility and honor, that entitles
his statements to some weight and consideration, if not disproved or denied.
He assumes the burden of establishing the charges that he has made against the
Mormon church and people, if their delegate in Congress will only meet him in
public discussion concerning those charges; and if this is declined, the Mormons
cannot hereafter, as they have heretofore, skulk down behind the plea that
irresponsible persons have lied about them; nor can they elsewhere, as they
have attempted to do here, stifle the freedom of speech by bravado or threats of

Note see Fleming and Quinn. Fleming discusses Cradlebaughs letter but
erroneously states it occurred in the last issue of the Valley Tan. Quinn discusses
the culture of violence mentioned in the last paragraph by the Valley Tan editor.

Having addressed the LDS churchs economic exploitation of its members in a

February 8 on The Exactions of Mormonism,

If the writer of this article were here , he would, without doubt, have to answer
for his temerity in thus venturing to express his opinion upon a matter
concerning a people whose acts and crimes are not to be made a subject of
newspaper comment or criticism.

Law in Utah, an article from the New York Times.

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The Secretary of the Interior is in possession of evidence sufficient to convict a
Mormon Saint named Lee of having violated and murdered a young girl, a
survivor of the party of emigrants massacred at Mountain Meadows by his
fellow believers, a few months ago. The Mormon authorities refuse to surrender
this scoundrel for trial, unless he is to be tried before a Mormon jury. As no
Mormon jury has ever yet convicted any Mormon of any outrage on a Gentile,
the offer is made simply to let him go scot free.


With the present number of the Valley Tan, we shall be compelled for want of
paper on which to publish it, to suspend publication for some weeks to come.
. . . the foreman of the office of the Valley Tan office, Mr. George Hales, has been
forced, through the direction of a portion of the church rulers here, to quit the
position of foreman of the office . . . . or to be cut off from the fellowship of his
associates in the church.


The ninth section of the Organic Act provides for the Judicial department. It
declares that this power shall be vested in a Supreme Court, District Court,
Probate Court and Justices of the Peace the District Judges (who compose the
Supreme Court) under this act, are appointed by the President. It leaves the
Probate Judge and Justice of the Peace, to the appointment of the Territorial
It limits the jurisdiction of the Justices of the Peace to matters in controversy of
$100 and under, and prohibits them from taking cognizance of title to lands.
The Supreme Court, the District Court and the Probate Courts are to exercise
such jurisdiction as may be prescribed the law of the Legislature. It may be said
that this gave to the Legislature plenary powers of the jurisdiction of the Courts.
The same section of the organic act, however, provides that,
Writs of error, bills of exceptions and appeals shall be allowed in
all cases from the final decisions of said District Court to the Supreme
But in no place does it provide for any appeal from the Probate Court, thus
ignoring the idea that the Probate Court was to possess any jurisdiction in
matters, save and except those which legitimately belong to and are exercised by
courts of that denomination, to wit, over estates of deceased persons, lunatics,
minors, &c,. It is absurd to suppose that Congress designed these inferior Judges
of probate were to be entrusted with unlimited jurisdiction, without

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guaranteeing an appeal to some superior tribunal. Doubtless it was intended that
where the jurisdiction of Justices of the Peace ended, there should be that of the
District Court should commence. The first Territorial legislature made the
Judiciary the subject of its first act. This act declares,
That the District Court shall exercise jurisdiction, both in civil and criminal
Cases, when otherwise not provided by law.
In this vague language it defines the power of these Courts.
By section 29 it declares, The several Probate Courts in their respective
counties, have power to exercise original jurisdiction both civil and criminal, as
well in Chancery as at Common law, when not prohibited by legislative
By the first it will be seen it only confers on the District Courts such
jurisdiction not otherwise provided by law. On the Probate Courts it confers all
jurisdiction not actually prohibited by law. Making the powers of the Probate
Judge, who holds his appointment from the Legislature, far more ample than
those of the District Judges. The nest section 30, makes an insidious showing of
subordination to the District Court, but its language is too studiously evasive not
to strike even the most superficial. It reads thus:
Appeals are allowed from all decrees and decisions of the Probate to
the District Courts, except when otherwise expressed on the merit of
any matter affecting the rights or interests of individuals.
The exception is fully abrogating all right of appeal as language construed by a
Mormon judge can make it.
It was obviously thus the intention by this species of legislation, to pervert the
administration of the laws, from the tribunals constituted by Congress, to be the
ministers and creatures of Mormon power. In every county of the Territory the
Probate Judge ranges over the whole domain of the law, with the scales of justice
and the sword of retribution. No crime so vast, no charge involving life or liberty
he may not punish, no rights of property so important and intricate he may not
weigh, and from his august decrees appeals are allowed, except on the merit of
any matter affecting the rights or interests of individuals. It is just to presume,
the term individuals applies to the Gentiles, whether to the Saints, we can
express no opinion. So much for the Judiciary as moulded by the hands of
Brigham Young. In the day when he presided over the Territory, and his
myrmidons filled the Legislature, it was with due form placed upon the statute
book. Gov. Cumming and all the army of the United States cannot repeal it, so
long as this people shall maintain control of the Legislature. In another we shall
review more generally the Statutes of Utah. Territorial Enterprise.

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Note: - James Allen also covers section 30 of the Organic Act, but with a much
different perspective. Allen feels it was necessary to handle the constant situation
of runaway judges and he even quotes G.W. Bean saying Cradlebaugh was a
runaway judge. Of course, if Allen cared to be precise, he would have mentioned
that Bean was mistaken. Cradlebaugh may have been perceived to be a runaway
judge but he wasnt one. Perhaps a better question to explore was how did the
Mormon hierarchy portray JCs departure and why did it take the tack that it did.
Perhaps the Deseret News, the Mountaineer, and church leaders purposely lied
so that they could add Cradlebaugh to the list of federal officials who fled the
territory. It would offer proof to the faithful of yet another evil judge failing to
make good on his machinations and fleeing when all else failed.



To the Editor of the Valley Tan:I have observed on the part of one or both of the
Mormon newspapers published in this city an evident purpose to treat with a
light and cavalier manner the statement that has been many times made, that the
Mormons were concerned in the Mountains Meadows massacre. By their
references to the matter, they would evidently produce the impression, that the
whole story in regard to the Mormons being in any way concerned in the
transaction, is one that has been framed for the purpose of increasing the
prejudice and dislike with which they are already regarded by the great body of
the people of the country. As I have never seen a published statement of the facts
connected with that wholesale butchery, so far as the facts connected with it have
been brought to light, I have determined to supply this omission, by a statement
of facts and circumstances in relation to it, gathered during a trip which I made
with Dr. Forney, Superintendent of Indian Affairs for Utah Territory, into the
region where the massacre occurred, in the Spring of 1859.
Dr. Forney left Camp Floyd in the last of March, 1859, to go down to the Santa
Clara settlement, 350 miles south of Salt Lake City, to obtain and bring back with
him the children saved from the Mountain Meadows massacre, who had been
collected, and were then in charge of Mr. Jacob Hamblin. Dr. Forney, having some
time previously employed him to collect the children and take care of them till he
could take them away. On this trip Dr. Forney employed me to accompany him as
an assistant, and I first joined him at the town of Nephi, 80 or 90 miles south of
Salt Lake City. From Nephi we proceeded through Filmore to the Indian farm on

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Corn Creek, 15 miles south, where we distributed some goods to the Indians;
from thence, accompanied by Kanosh, an Indian chief belonging to the Parvant
tribe, we proceeded to Beaver, Parowan, Cedar City, and Painter Creek. The latter
is a small place in the immediate vicinity of the Mountain Meadows, where the
celebrated massacre occurred in September 1857. In passing through each of the
towns named, the Doctor and myself made diligent inquiry concerning the
massacre of this party of emigrants; the number of persons composing the
emigrant party, and other matters deemed of interest in relation to them. We
however ascertained but little. The number of emigrants was generally estimated
at from 120 to 140; but no one professed to have any knowledge of the massacre,
except that they had heard it was done by the Indians. At Painter Creek, an
Indian guide that had been sent to us by Jacob Hamblin, already referred to as
the man that Dr. Forney had employed to collect and take charge of the children
saved from the Mountain Meadows massacre, came up with us. This guide
conducted us to the scene of the massacre.
The small valley known as the Mountain Meadows, in which it occurred and
which will hereafter impart to its appropriate and once inviting name a sad and
horrible history, is situated about 6 miles south of Painter Creek, a small Mormon
settlement in Iron County. The valley is about 5 miles in length, and in the widest
part does not exceed a mile in breath. It is covered mostly during the summer
with rich and luxuriant grass, and is nearly the last place where grass can be
found on the southern road to California, before striking the desert. In the north
end of the valley, near where the road enters it, a ranch has been constructed for
the purpose of herding and taking care of cattle brought there during the
summer to graze. This ranch is owned by Jacob Hamblin. He lives there only
during the summer months and spends the winter with his family at Santa Clara
settlement, some distance south of the Mountain Meadows. This ranch was
unoccupied at the time that our Indian guide conducted us into the valley. The
immediate locality of this massacre of the emigrant party is about four miles
from the ranch on the road leading south. The valley at the place slopes gently
toward the south; a small ravine runs parallel with the road on the right hand
side at the spot.
When we arrived here in April 1859, more than a year and a half after the
massacre occurred, the ground, for a distance of more than a hundred yards
around the central point, was covered with the skeletons and bones of human
beings, interspersed in places with rolls or bunches of tangled and matted hair,
which from its length, evidently belonged to females. In places the bones of small
children were lying side by side with those of grown persons, as if parent and
child had met death at the same instant and with the same stroke. Small bonnets

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and dresses, and scraps of female apparel were also to be seen in places on the
ground there, like the bones of those who wore them, bleached from long
exposure, but their shape was in many instances entire. In a gulch or hole in the
ravine by the side of the road, a large number of leg and arm bones, and also
skulls, could be seen sticking above the surface, as if they had been buried there,
but the action the water and digging of the wolves had again exposed them to
sight. The entire scene was one too horrible [2/5] and sickening for language
adequately to describe.
From this spot we proceeded south about one mile to a large spring, where the
emigrants were encamped when the attack was first made upon them previous to
the massacre. Here, within a few yards of the spring, we could distinctly define
the form and size of the corral which they made, from a number of small holes,
forming together a circle in the shape of a corral. These holes were dug for the
purpose of lowering the wheels of their wagons in them, so as to form a better
protection, after the attacks began. In the center of the corral a pit some twenty
feet long, and four or five wide and deep, was dug for the purpose, no doubt, of
placing the women and children in order to protect them from the fire of the
assailants. To the left of this corral, and about one hundred and fifty or sixty
yards distant, on a small mound or knoll, a number of stones were still piled up
in a way to form a partial breastwork or protection against the fire which the
emigrants no doubt returned for several days against their assailants. Numbers of
the stones in this breastwork had bullet marks upon them on the side towards the
corral, fully supporting the above construction as to its use. In places around the
corral, human bones and imperfect skeletons were lying on the ground,
indicating with the corral and the breastwork on the knoll, that it was here, and
not at the place spoken of where the great body of the bones were found, that the
work of slaughter began. From this spring we proceeded on towards the
settlement on the Santa Clara for the purpose of obtaining the children from Mr.
Hamblin, who resided there.On the same evening, after we had struck our
camp for the night, a man drove up near us with an ox wagon, going also in a
direction of Santa Clara. After turning out his oxen he came to our tent and very
soon informed us that he lived at Santa Clara, and that he was returning home
from Cedar City with a load of flour, which he had been up to the latter place to
obtain. The conversation, after these personal explanations, turned very
naturally, after what we had witnessed during the day, upon the Mountain
Meadows massacre. And this man, whose name was Carl, or Carlis Shirts,
informed us that he lived, at the same time the massacre occurred, at the ranch
owned by Mr. Hamblin, at the north end of the Mountain Meadows. He was
employed by Mr. Hamblin and making adobies at the time. He saw the emigrants

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when they entered the valley, and talked with several of men the belonging to it.
They appeared perfectly civil and gentlemanly. The train, he supposed, contained
about forty wagons, and seven or eight hundred head of cattle, including those
that were loose, besides a considerable number of horses and mules. The
emigrants entered the valley on Friday, and the men with whom he conversed
told him that they were anxious to stop a few days and rest and recruit their
stock before entering on the desert, and inquired of him a good spot for this
purpose. He recommended the vicinity of the spring to the south end of the
Meadow as good water and plenty of grass abounded there. Following this
advice, they proceeded there and encamped. The next morning he again saw
some of the men, who informed him that they were looking for lost stock. In the
evening he saw the men returning, driving some loose cattle. He never saw any
of the party afterwards. Early on Monday morning following, he stated that he
heard the firing of a great many guns in the south, in the direction of the camp of
the emigrants; he also saw on the hills around a good many Indians passing
backwards and forwards, as if in a state of commotion or excitement. His
impression from hearing the guns and seeing the Indians at the time, was, that
the latter had attacked the emigrants. On our inquiring why he did not go to
Painter Creek and give the alarm if he thought so, he stated that he supposed the
people knew about it. If not in words, the foregoing is the exact substance of the
statement made by Shirts.
On the day following we reached the Santa Clara settlement and found in the
possession of Mr. Hamblin, thirteen of the children preserved from the massacre,
which, with one at Painter Creek, and two at Cedar City, was all that had been
heard of. These children were well with the exception of sore eyes, which they all
had, and which prevailed at the time as an epidemic in the place or vicinity
where they were. After remaining a few days in Santa Clara in distributing some
goods to the Indians, we set out with these children on our return.We did not
take the same route in returning by which we came down, but proceeding from
Santa Clara direct to Harmony, leaving the Mountain Meadows 15 or 20 miles to
our left. On arriving at Harmony Dr. Forney called on John D. Lee, who was at
the time and may be at present, a bishop in the Mormon church. 2 The Doctor had
received information which led him to believe that Lee had a portion of the
property belonging to these murdered emigrants in his possession, and his object
in calling on him was to demand a surrender of the property. On the demand
being made, Bishop Lee denied having the possession of any of the property, or

Lee was actually president of the Harmony Branch, an office directing Mormon church
congregations too small to merit the status of a ward, which is overseen by a bishop.

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any knowledge concerning it, farther than that he had heard that the Indians
took it.
I was not present when this demand was made, but was informed of it as stated
by Dr. Forney on his return from Lee's house. Dr. Forney also informed me that
in a conversation which he held with Lee concerning the massacre, Lee stated
that he was not at the massacre, but reached there just after it ended. Lee also
stated that Isaac Haight, who resides at Cedar City, and is another prominent
dignitary in the Mormon church, [3/1] holding an office styled president which
is higher than that of a bishop, also arrived at the spot soon after him.3 In the
same conversation as related to me, Lee applied some foul and indecent epithets
to the emigrantssaid that they were slandering the Mormons, while passing
along, and in general terms justified the killing. The day after this conversation
with Lee, we started for Cedar City; Bishop Lee also set out with us for the
professed purpose of going to see President Haight and Bishop Higby at Cedar
City, and talking over with those men, in the presence of Dr. Forney, the
circumstances in relation to the massacre, and the suspicions which had been
expressed, that they were concerned in it either as actual participants in the deed
itself, or as inciting the Indians to the crime, and then sharing with them the
spoils of the slain. Bishop Lee proceeded in company with us about half way
from Harmony to Cedar City, when, from some unknown cause, he rode ahead
and we did not see him afterwards.
On our arrival at Cedar City he was not there, or if he was, he kept secreted and
out of sight. Dr. Forney met there President Haight and Bishop Higby, and made
of those ecclesiastics the same demand that he did of Bishop Lee, and received
about the same replies from them that Lee gave. They did not, however, attempt
to justify the massacre, on the ground of their slandering the Mormons. On
leaving Cedar City, on our way back, before arriving at Corn Creek, the Indian
chief, Kanosh, who had been with us from the time that we left the Indian farm
on Corn Creek, going south, informed Dr. Forney, that some Indians had told
him on the way, that there were two more children saved from the massacre than
Mr. Hamblin had collected. This information, though not deemed very reliable,
the Doctor considered of sufficient importance to make an additional effort, in
order to ascertain whether it was correct or not. On arriving at Corn Creek, we
found there three companies of U.S. troops from Camp Floyd, under the
command of Captain Campbell, who was on his way south to meet Maj. Price,
paymaster in the army, who was returning to Camp Floyd from California, with a
large sum of money. On meeting these troops, Dr. Forney furnished me with

Haight was president of the Cedar City Stake, which consisted of several wards.

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instructions, and directed me to return south again with the troops, and see if I
could ascertain anything about the two children spoken of by Kanosh. Judge
Cradlebaugh, of the U.S. District Court for Utah, was also traveling with Capt.
Campbells command into the vicinity of Mountain Meadows, to see if he could
obtain any evidence against persons who had been charged with participating in
the massacre, that would justify him in arresting and holding them for trial. He
was proceeding as a court of inquiry or investigation simply; and informed me
that he had authority from Gen. Johnston to retain a portion of the troops under
Capt. Campbell, if he deemed it necessary, either to protect the Court or to
enforce its writs. Judge Cradlebaugh, on setting out was accompanied by deputy
marshall, J. H. Stone, but the latter was compelled to stop near Nephi on account
of sickness. Judge Cradlebaugh now requested me to take the place of Mr. Stone,
as I had been previously sworn in and acted as deputy U.S. Marshall at the U.S.
District Court, held at Provo in the proceeding month. As the duties of this post
could in no way interfere with my search for the two children said to have been
left, and might enable me better to find them, I acceded to Judge Cradlebaughs
request to act as marshall.
In the vicinity of Parowan and below Cedar City, where the command of Capt.
Campbell encamped, the soldiers, while hunting for wood, discovered human
bones scattered in the bushes, and at one place they brought an entire skeleton
into campthe bones of which were still united and held together by sinews,
showing that the person, whoever it was, could not have been a great while dead.
We had no knowledge at the time, and never received any as to whose remains
these were, or whether they were persons that had died from exposure or
starvation, or whether they were the victims of treachery and murder. From the
distance at which they were found from the place of the Mountain Meadows
massacre, it is not presumable that they formed a portion of the party slain there.
On arriving at Cedar City, President Haight and Bishop Higby were not seen; but
at the camping ground a few miles beyond, Judge Cradlebaugh issued writs for
the arrest, and also for the arrest of Bishop Lee of Harmony, and placed them in
my hands for execution. These writs were issued as I understand, on the
authority of affidavits, charging these men with being concerned in the Mountain
Meadows massacre, which were made before Judge Cradlebaugh before he set
out to investigate the matter.
These writs were given to me when we were about four or five miles below Cedar
City and about twelve or fourteen from Harmony; but as nothing had been seen
of Haight or Higby in passing through Cedar City, I thought it best to proceed
first to Harmony, and try to secure Lee, and afterwards to return and try to arrest
Haight and Higby, if circumstances gave promise of any success in doing so. It is

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proper for me to say here, that not only Haight and Higby, but a large portion of
the make inhabitants of the different Mormon towns and settlements through
which we passed, either fled or secreted themselves on the approach of the
troops. The cause of this I do not know, unless from a consciousness of guilt of
some kind, as the troops were certainly on no hostile expedition against the
inhabitants, but were simply on their way to act as escort to a paymaster of the
army. And Judge Cradlebaugh did not seek to interfere with the rights or liberty
of any man unaccused of crime. I summoned to attend me, and if necessary act as
a civil posse, in the arrest of Lee, eight Quartermasters men who were traveling
with Capt. Campbells command; on their way to California. Accompanied by
these men, I started for Harmony on the morning that I received the writs. On
the way thither we passed through or near a small settlement containing five or
six houses. I stopped here to make inquires about the two children. The residents
of the place, men, women and children, mostly came out of their houses when I
had stopped, but none of them professed to know anything about any children
besides those that Mr. Hamblin had collected. I told them that if the children
were in the country at all, every house would be searched if they were not given
up. At this, one of the men present, but who did not live in the place, but had
arrived there just before me, stated that his wife had one of the children; that he
lived at Pocketville, another small settlement forty or fifty miles distant, named
from its location in the mountains. He stated that the child was very young, and
that his wife was very much attached to it, and that it would give me much
trouble if I took it away, and seemed by all his remarks, to be anxious to retain it.
I told him that I had no power to give the child away, and that I would send and
get it in a few days. Mr. Hamblin went over and brought this child away in a few
days after I discovered where it was. This child was a bright eyed and rosy
cheeked boy, about two years old, and must have been an infant when the
massacre occurred.4
On being brought to Salt Lake City, and joining the other children, one of the
older boys of the group, whose name was John Calvin Sorrow, ran up to it, and
kissing it remarked that it was his little brother; and that he did not know where
he was. From this circumstance this child received the name of Sorrow, after that
of the older boy, but whether it was their original name or not I do not know; it is,
as all events, expressive of their sad history. The second child said to have been
left, I never heard of, although I inquired diligently after it. On arriving at
Harmony, with the men accompanying me, I went to the house of Bishop Lee and
inquired for him, but was informed by one of his wives, (I was told that they
This was Joseph Miller, the youngest son of Joseph and Matilda Miller. His older brother John
Calivin Miller identified him.

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were thirteen in number,) that Mr. Lee had been absent two or three days in the
mountains; that he was there looking for copper with the Indians. Others besides
his family of whom I inquired also informed me that he had gone away. As he
had thus played the same dodge that President Haight and Bishop Higby gave us
at Cedar City. I deemed it useless to wait for his return, or to return myself to
Cedar City under any expectation of finding Haight or Higby there; I therefore
returned again to the camp of Capt. Campbell, and proceeded on with it to the
Mountain Meadows, and encamped a second time by the spring in the south end
of the meadows, where the emigrants were encamped before being butchered.
From the Mountain Meadows, Capt. Campbell, with his command, proceeded to
the Santa Clara, some four or five miles from the Mormon settlement on the
stream, and there awaited the arrival of Maj. Prince. We waited here a week
before Maj. Prince arrived. During our stay here some Indians in the vicinity
came frequently to our camp the same Indians that had been charged with
massacring the emigrants at the Mountain Meadows. These Indians admitted
that a portion of them were present after the attack began at the corral, but
denied that they joined in it. One of these Indians stated in the presence of others
of the same band, that after the attack was made upon the emigrants at the
corral, a white man came to them and exhibited a letter, and stated that it was
from Brigham Young, and that it directed them to go up and help whip the
emigrants. A portion of the band went therefore, but did not assist in the fight,
and gave as a reason for not doing so, that the emigrants had long guns and were
good shots, and they were afraid to venture near. A chief of the band stated that a
brother of his was killed by a shot from the corral at a distance of two hundred
yards, as he was running across the meadow. These Indians also stated that the
Mormons who killed the emigrants were painted so as to resemble Indians. They
denied that they received any of the stock or property belonging to the
emigrants, except a few of the old clothes. These Indians called Bishop Lee
Narguts, which means in their language a crying man. This name was given to
Lee they stated because he once cried when he lost some stock, or had it stolen.
They stated that Narguts was there but would not venture near, being, like
themselves, afraid. President Haight and Bishop Higby were also present, aiding
in the attack.
Maj. Carlton, of the first Dragoons, came as the escort of Maj. Prince from
California. On reaching Santa Clara where we were encamped, the two
commands went together to the Mountain MeadowsMaj. Carlson, to recruit his
stock, before setting out on his return to California, and Capt. Campbell on his
way to Camp Floyd. Leaving these commands both here, Judge Cradlebaugh and
I proceeded forward to Cedar City, where the Judge intended to remain some

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time and make a thorough investigation if he could, concerning the massacre and
persons engaged in it.
Owing to some disadvantages in the location of Cedar City, a large portion of the
inhabitants that once dwelt there had moved away, and there was, in
consequence, a good many vacant houses in the place. Judge Cradlebaugh
obtained the use of one of these to stay in while he remained, and for the purpose
of a courtroom. As soon as it became known that Judge C. intended holding a
court, and investigating the circumstances of the massacre, and that he would
have troops to ensure protection, and enforce his writs if necessary, several
persons visited him at his room, at late hours of the night, and informed him of
different facts connected with the massacre. All those that called thus, stated that
it would be at the risk of their lives if it became known that they had
communicated anything to him; and they requested Judge Cradlebaugh, if he
met them in public in the day time, not to recognize them as persons that he had
before seen.
One of the men who called thus on Judge Cradlebaugh, confessed that he
participated in the massacre, and gave the following account of it: Previous to the
massacre, there was a council held at Cedar City, which President Haight, and
Bishops Higby and Lee attended. At this council they designated or appointed a
large number of men residing in Cedar City, and in other settlements around, to
perform the work of dispatching these emigrants. The men appointed for this
purpose, were instructed to report, well armed at a given time, to a spring or
small stream, lying a short distance to the left of the road leading into the
meadows, and not very far from Hamblins ranch, but concealed from it by
intervening hills. This was the place of rendezvous; and here the men, when they
arrived, painted and otherwise disguised themselves so as to resemble Indians.
From thence they proceeded early on Monday morning, by a path or trail which
leads from this spring directly into the meadows, and enters the road some
distance beyond Hamblins ranch. By taking this route they could not be seen by
any one at the ranch. On arriving at the corral of the emigrants, a number of the
men were standing on the outside by the camp-fires, which, from appearances,
they had just been building. These were first fired upon, and at the first discharge
several of them fell dead or wounded; the remainder immediately ran to the
inside of the corral, and began fortifying themselves, and preparing for defence
as well as they could, by shoving their wagons closer together and digging holes
into which to lower them, so as to keep the shots from going under and striking
them. The attack continued in a desultory and irregular manner for four or five
days. The corral was closely watched, and if any of the emigrants showed
themselves, they were instantly fired at from without. If they attempted

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to go to the spring, which was only a few yards distant, they were sure to fall by
the rifles of their assailants. In consequence of the almost certain death that
resulted from any attempt to procure water, the emigrants, before the siege
discontinued, suffered intensely from thirst. The assailants, believing at length
that the emigrants could not be subdued by the means adopted, resorted to
treachery and stratagem to accomplish what they had been unable to do by force.
They returned to the spring where they had painted and disguised themselves
previous to commencing the attack, and there removed those disguises, and
again assumed their ordinary dress. After this, Bishop Lee, with a party of men,
returned to the camp of the emigrants, bearing a white flag as a signal of truce.
From the position of the corral, the emigrants were able to see them some time
before they reached it. As soon as they discerned it, they dressed a little girl in
white, and placed her at the entrance of the corral, to indicate their friendly
feelings to the persons bearing the flag. Lee and his party, on arriving, were
invited into the corral, where they stayed about an hour, talking with them about
the attack that had been made upon them. Lee told the emigrants that the
Indians had gone off over the hills and that if they would lay down their arms
and give up their property, he and his party would conduct them back to Cedar
City; but if they went out with their arms, the Indians would look upon it as an
unfriendly act, and would again attack them. The emigrants, trusting to Lees
honor and to the sincerity of his statement, consented to the terms which he
proposed, and left their property and all their arms at the corral; and, under the
escort of Lee and his party, started towards the north in the direction of Cedar
City. After they had proceeded about a mile on their way, on a signal given by
Bishop Higby, who was one of the party that went to the corral with Lee, the
slaughter began.
The men were mostly killed or shot down at the first fire, and the women and
children, who immediately fled to different directions, were quickly pursued and
Such was the substance, if not the exact words, of a statement made by a man to
Judge Cradlebaugh, in my presence, who at the same time confessed that he
participated in the horrible events which he related. He also gave Judge
Cradlebaugh the names of 25 or 30 other men living in the region, who assisted
in the massacre. He offered also to make the same statement in court and under
oath, if protection was guaranteed to him. He gave as a reason for divulging
these facts that they had tormented his mind and conscience since they occurred,
and he expressed a willingness to stand trial for his crime.

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We had been in Cedar City but two days when Capt. Campbell with his
command arrived, and informed Judge Cradlebaugh that he had received an
express from Gen. Johnston directing him to bring back with him all the troops in
his command, as reports were then current that the Mormons were assembling
armed bodies in the mountains, for what purpose was not known. In
consequence of this order, Judge Cradlebaugh was left without the means of
either protecting witnesses who might be called on to testify in court or of
arresting any parties who might flee or resist his writs. Without assistance of this
kind, he deemed it useless to attempt to hold a court and we accordingly both left
on the following day with Capt. Campbell, on his return to Camp Floyd. On our
way there we were overtaken by Mr. and Mrs. Hamblin, on their way to Salt Lake
City. They had with them the child found at Pocketville. I had employed Mr.
Hamblin to take it to the city, knowing that it would be out of my power to
devote proper care to it, under the circumstances in which I was placed. Mr.
Hamblin traveled in company with us for a day or two, and during this time Mrs.
Hamblin informed me that at the time of the massacre, she was living at the
ranch at the north end of Mountain Meadows, and that for several days before
these children were brought to her house, or before she had even seen them, she
saw several men loitering about in the vicinity of her house without any apparent
object or business; this was an unusual circumstance. On the day that the
massacre took place, Mrs. Hamblin stated that the
children were brought to her house and there disposed of by Bishop Lee to
different white persons who were there at the time. Lee professed to act as an
agent for the Indians in disposing of these children. He pretended to barter them
for guns, blankets and ponies for the use of the Indians; but Mrs. H. stated that
she was of the opinion at the time that the children were not really sold, and that
the pretence of doing so by Lee was a mere sham. Lee went through the form of
selling or bartering off all the children but two. One of three was an infant, whose
left arm was nearly shot off above the elbow, the bone being entirely severed; the
other was her sister, three or four years older. These two, Mrs. Hamblin stated,
Bishop Lee gave to her, and assigned as a reason for doing so, the high esteem
which the Indians had for Mr. Hamblin. I have omitted heretofore to state that
Jacob Hamblin, the husband of this lady, who has been several times referred to
in this narrative, was a president in the Mormon church, holding the same
office as that of Isaac Haight. From many interviews that I have had with Mr.
Hamblin, and from all that I could learn from others, he was absent from home,
and in Salt Lake City, when the massacre took place; and I have no evidence or
reason to believe that he was in any way concerned, or even aware of the
massacre, till after it was over.

3/10/17 Page 146

It will be remembered that I employed Mr. Hamblin to go to Pocketville for the
child which I heard of there. After his return with the child, Mr. Hamblin came to
the camp of Capt. Campbell, on the Santa Clara, to inform me of the fact. While
there he told me that he had heard more, and learned more about the massacre
during his absence after the child, than he ever knew before; that he had been
told of a number of men that he knew, who were concerned in it, that he never
dreamed or suspected, or would have suspected of being concerned in it but for
what he had been told. I inquired of him the names of these men, and he
informed me that he was under a promise of secrecy not to divulge them to any
one but Gov. Cumming: but that he intended to tell him who they were. Mr.
Hamblin was in Salt Lake City not long after, but I was told by Gov. Cumming
after he left, that he revealed nothing to him in regard to the massacre of those
concerned in it.
These are the principal and most important facts obtained in relation to this
noted massacre during the trip to which I have referred. I have omitted many
minor facts and circumstances corroborative of those given, on account of
additional length to which they would extend this article, which is already quite
lengthy. I have aimed at narration simply of what I saw and heard, leaving the
public to place any construction they deem proper upon the facts and statements
given. And this would not have been done by me in this manner, if I had seen
from any one else a publication embodying these particulars, or if the attempt
had not been made to sneer away the evidence that exists of Mormon complicity
in this horrid massacre, if not of their being the only persons concerned in it.



A few weeks ago I saw De Wolf the former Editor of the Valley Tan his
countenance seemed sombre and reflective. I believe the cursing you gave him
did him much good. I have not heard that he has done any particular mean thing
since. If I saw Kirk and the rest that edited that wicked paper burning at the
stake with with the blaze from their own papers, I should pass by without
helping to extinguishing [sic] the flames.

CR1234/1, Box 19, Folder 20 (Reel 28)

3/10/17 Page 147

Reported for the Valley Tan, Valley Tan, 20 July 1859. 2/43/1.
CAMP FLOYD, July 16, 1859.

On Wednesday morning at 10 oclock Judge Eckles held a court in the Theatre to

make the primary examination in the case of the forgery of Quarter Masters
Cheques on the Treasury. Judges Sinclair & Cradlebaugh were present.

Myron Brewer, who was admitted as States evidence, was the first called. after
being duly sworn he wu aaddee the follo inc toted
statement t nee
resided in salt lake city for 3 or byear aitt ddmo
iinn the month of may met JmIccKkeenllzziiee on ttlit aa en
ssttrreeeetts iilni course of conversation a plate vwwas fooliiee
mentioonneeddo afterwards separated about coir atthhee
weeks elapsed again talked vwiriitthh him aabloaittt aarddllyy
the feasibility of executing a ccoouunntteerfrs alwle i
plate ijll aitthit
witness told mckenzie he wmoulld ccoonnssuultl aisasbce
lhiisa ffrileendd aar J ba wallau I1lia b W af
pdd to coincide with the views of Mmckenenznie it B
spoke to hinmi when mckenzie said theetthhiisng atiat
was quashed mckenzie said he must get
I1 e ld
some other party he said mr john kay had he ie wo
spoken to him about it did not understand brew
the bbeehhaanvifoorr rcff wallace after his return from ltvalellal
camp floyd said he was resolved tcooatrayrry id an
the thing out at all hazards i h
court did he assign any reason j ryykit
ile said lhiee had scruples and must comma I1 loatbby
lniccaattee with mr young ooinl the subject 11 ccoown
young gave him short answers 41I1 court i1
from this time the plate progressed ahr

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witness was to have nothing to do with tthhei the
issuing the plates were accomplished I1
mr wallace proposed going to camp floy
to see about the feasibility of issuing rreel eu
calved the plate from mckenzie aarnidd took it fi to
into wallaces back room went to camp im
with wallace t
it would be necessary for some one to go to ile
california witness could get a trusty aabbeenntd
the bill wwaabs struck iinn great salt llaaikno
city witness filled it up that is the ebern
the counterfeits are prepared by tracing aaay
twice traced this paper has been traced at
knew of a plan for counterfeiting the reeav i Tq
york cchheeqquueesrs the cheque was passed to ledd
mr lint at wWaallllaacceelss iinn fairfield jcaltltol
court you state that young said so aaardl
so what young I11 tt
wit brigham young the tithing offer lmomn
iiss ooinl the west side of youngs house iiss eCoB tda
closed and belongs to the church iti
amicckKenezziniee stated he could get some papa tas
from a ssooinl iinn law of john kay ggeeocrige 1 rite
watt got sso0minee oofdtthhee paper for him bek s
iinn the city he iiss the dreepoi ter for the church that
witness got a quire from the valley t1an boaassi
rollf office but tthhoouuglhitt it was not used rot
court was there any agreement in vid itsg
iinng as to the disposal of the proceeds itkt
wit mckenzie said he should eexlaacctt a
receipt from wallace tfoorr ttwv o thirds of tthine
proceeds nothing less than 00 vwas tiitiic
to iblee issued at ffuisstt 1000 was mentioned qcC

3/10/17 Page 149

court did lie assign any reason ffaobrswo yeetr
laige an amounts jT
wit that it rot fall into fhiilee lards iicaimt
or the people of oe tho the territory they aisbet Aisbed i yi
I1 the government to be the sufferers trhhoe 1ulI
dimate aarrrraangeement was the bills were I1
pass through the hands of w awlintneessss to vl ar
lace had seen mckenzie at ni oi it in tthne nl
upper room of the tithing office he aorl N oraldM
iilni the day ltime cciccrroy one can have aacccceess


there was some contrivanceroo0 in

t the
handleliable of the door which gavega e no
f the approach of any one and the
lct 0
appeared under a falsiafalse sill inin the
mckenzie had made some plates
church and tilethe deseret news officeq
lt ed as a machanicmic hanic witness procured
10for and gave it to mckenzie saw the
struck explainexplainedtied how the plates could
altered to st lo10louisuis new orleansorl ans ac

3/10/17 Page 150

was taken off the plates by a
k impression
office the store
in the in tithinglot
pd1 i press
wallace Nwasas engaged as agent
the gamblers had been spoken of0 as like-
l personstriona to passpals the counterfeit bills wasly
re elitwt bell they
N ere pricedtedAed
majmai F J porterforter abst benl then
lk atevt hisbis evidence had read several letters
abich hall been receive ed from mr wallace
heurpurportport of them was to keep the general
endingma anding posted in the working orof the
also stated inshis business in the city
3 to show gov cumming the counterfeit
the ori

Col, Crossman on the U S treasury with a view to

their arrest
made lieile received the in
rotation within two days aftafterer it wasivas
kown to mr wallace

Mr J. T. Wallace next stated be had an interview with

McKenzie, who told him that Mr. Wallace was
recommended to him by Mr.. Young as a man to be
trusted. Wallace entered into the scheme and
notified Gen. Johnston, of what was going on and
expressed a desire that Col. Crossman should not be
made acquainted with the matter. He explained

3/10/17 Page 151

afterwards to Col. Crossmans satisfaction his
reasons for not making him acquainted with the facts
at the time.

col crossmanUrossman sworn Is deputy quarter

e aster general camp floyd recorecognized the
aae on tilethe table andandt then etwasit was presen
d to him be was
utterly startled he could
ardlyadly tell the original from the counterfeit
was so well executed ilehe then explained
it difference between the new york abst
easu rera paper and that of the abst
ir rea surer inin st louis the latter being
a bulted on a lighter quality of paper than
anew york he supposed the counter
sitit draft before thein itaich liehe and mr
e ladad
endorsed for identification whenhen brought
is foreore the court was printed on paper used
athethe treasurer at new york otherwise he
ardly could tell which was which ilehe
nahed to do mr wallace justice by stating
fiat he was fully convinced
conin ced he entered into
isin scheme with true and worthy motives
mr was next c aclidacied antiand stated that

3/10/17 Page 152

brewerBrewe camereame to him and wanted to ne
cliatelate the creque itwhichaich he now identified
iia not cash itt at the timeme but told brewer
aheie wouldwouldandand init the course of the day
did so
brewer asked him to go with him to mr
WallablacesVl acescels took him to the back room
an ironfront safe took from
chece the draft
landedhanded it to mr lint and thanked him
great fai or he had done
linlim itlyr cashingcash ng it
the amount wvasas 65
court how many yards from where
alere the
acourt is now sitting was this place
wit from to
the court adjourned till 4 whenvi hen

The court rendered its decision that the prisoner be

remanded to the custody of the marshal to await his
trial for forgery. Mr. Brewer was discharged from

3/10/17 Page 153