The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-21
GREAT SALT LAKE CRY, U. T., March IL, 1850.
y.dge Cradebdughs CAarge

past.
GREAT SALT LAKE CRY, U. T., March IL, 1859.
Judge Cradi,baughs Charge.
The United States Court for the Second Judicial district
Of the Territory OF Utah, met at Provo the Sth
der the presiding Judge CradebAush The Grand
Jury empanneed and sworn, after which they re-
ceived the Judges chwge copy u which Is suboined
The cnarge delivered ertempore at least not
read. 1t taken down by first class monographs
porter, Of whose AGILITY and integrity there be no
question. Still. ii is all improbable that his Honor
may polish of his iuvectives apd give Eastern world
different charge TO the really committed tho
sdefaon Of the Provo jury Be that ii may, tho copy
| send you is a faithful ore.
purpose uaversing briefly the charge of his honor
Before come TO that, however, will give you few hs
torical facts concerning the court and it's meeting
An act Of Congress, approved August 49, 1885, requires
hat the Judges Of the Supreme Court each OF tue To
ritoes majority OF them, shall, when ,led at
their seats Of fix and xppont tue
times places Of holding the several Courts in
their respective districts and limit the duration OF tho
terms thereof provided that the said Courts shall be
held at more than three places in any ono territory &C.
Having oveIrulcd the resolution Of the Utah Legisa.
ture changing the seat OF government Of the Territory
to Great Salt Lake City, Chief Justice Eckes and Associate
Justice Sinclair led squadron OF dragons to Fillmore,
and there the 2sth Of last August in the character
Of Supreme Court. Amor calm judicial dellbeTaton
that Court selected Fillmore az the place, aud the first
Monday November the time for holding the regular
term Of the United States Court for the Second Judicial
Of the rtory. Here copy OF tne minutes OF
tho Supreme Court
Territory Of Utah Mllard County.
The Hon Del.na hcls. Chief yqsiOe q the Supreme
a. sincla ssoc'ate he said court having
faqs o. ss
the times and places for botog Of the United
First tNoIthern disI's;A A. Far nGson in Davis county,
second Sou'hsIn drea At Fillmore, in Millsrd county.
Third sssp disr,ct@st Great sa, Isse "ity IN ore,t
SAT- Lake county commencing on The Hrs Monday la each
sixty days IN 50 the busi
IL In county
,ea;nopy whersof we have sred ,ur official signatures.
Fillmore Aforesaid this twenty eighth day Ausas
Chief Justice supr'%s Isli r sis6 Ts.,1r1
Associate Justice supreme Court, Utah gcrriory
l. Jehh lynch Clerk supre Gourto. the Unto,
0 ire rue 5 % sn GO Ss sS he 3 H.
y fcses and chAs e. sinclair, the appears
Intsinony whereof hersu-to my hand, and anlr .h
JOHN @. LYNCH Clerk.
Now, what apology Judge Cradlebaugh can offer fol
wntering himself OF his district trsmpliug on Tbs
OF Congress and the authority of the supreme Court
and arbitrarily ming 70 himself the right to locl:e
appoint and hold his Court at time and place to suit bis
pleasure, am not prepared 10 say. Probably he may
have hand. Be ii what IT NAV, is Certain
and knowingly contrary 20 law, ne called his satellites
around him and opened bis Court in Provo City at II NJ
The Court being Called order established the Judge
commenced bis address to The Grand Jury calmly aad
Hberately He had got about half through when aCounn
haiti from boserous substern called tho attention q
the astonshcd spectators hundred bayorcta (moc
less) IN front Of the Court House entrance. Tue Judge
swelled, became pompoas and declamatory, UNTIL firing
of his own eoquencc he sent the jury TO their room 10 be
watched over by the troops.
TIE poor apology that the Judge makes for this military
display, ~ the absepce Of g. calaboose or jail.
When commenced this letter thought would try and
canvass the Judges charge item by item but this would
occupy much OF your space will therefore merely
touch upon few Of the leading topics.
The attack upon the Jurisdiction OF the Probate Courts
considered by the Judge master stroke. That this ques
ton might be introduced at proper time in his court
when udcialy before him, be ruled upon will deny
That he is wrong, his decision its
place and time, u established by the very which
refers The organic act says that the Judicial power Of
said Territory shall DO vested in Supreme Court District
Courts Probate Courts and in Justices OF tho peace" and
further that the jurisdiction OF the herein
provided for both appellate original that Of the
Probate Courts and of justices Of the peace shall be
limited by law" Some six years have passed
since the Territorial legislature by virtue Of the organic
authority vested in the Probate Courts the jurisdiction
which they hold Tho Territorial have been
submitted TO Congress- who hold in the right 10
veto, but they st remain intact The question boon
argued before az learned Judges Cradcbaugh ard
Jurisdiction OF our courts has been sustained thus far
Il % be ussy that ssDas sS
to the proving Of wills, and business Of that ma
Territory see the wisdom Of Congress in permitting
The Territorial Legislature 10 give them all the jurisdo.
lion they nos nave Had this not been the case between
he aoscopc Of some oil the Judges from the Territory,
,oterna OF iii Of Them as,er shr u.nc1s ana the
ON STATES we would have heen MA than hc AZ, 80
without Judiciary at all having the neceesIrv
ton The absepce OF Eckols loves In ono rye
these Probate Courts alone Tho charre IF tho LIs ~
this point is mere declamation uusupeored Nv args
or law.
Hsatack upon the Iegislature s equally unreasonable
During the ast session OF that body Cen Wells Inc prs
dsnt ~ tho ConnriI .sdreseaJ on IN ~, 80, -.
requestpe bn to sugges, 20 the eaisaure berela M
present laws might be amended repealed or added %
me Judge made courteous response apoloriziue FOR
Of time Iii baaltb b. ein,ia, o,,er 20 &c. si,',s
was answered by an insult
Executive with iur,es are without snv foundaton 60
vernon Youpe never had case in conrt in the Terro,v