The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-09-08
rRoDATE eotRr "a Q. 1. D. colNT.Yl..

[Anxfons as we are 10 give The record Of eurl
rent eycnt5 AZ tho earliest moment. Nsthuaght
| IL moro proper last week To delay tie report
Of court proceedings until they were further
Ealyanced, our sditcriai comments upon the
matters therein tried wsshalI defer til next
week ,---Eps "a.
ApavIr .5 1900
/ Hon, Elias Smith presiding # s5. ss
4 Tbs case II Brigham YgnnR sen vs. Peter
4 III, Stout, Jas Ferguson. Aurelius Miner and
4 ~, 81. Mills, Appeared for The plssgti1, aud
4 w y, Nc liOltiekl Esd, for the defebdant
i The AttashiDent and summons issued in the
1 case were returned fully endorsed,
The council for the defense filed motion
for coRtInuance, and stated for eanse that
\ William III Rogers, u material Witness in the
case was not within the Jurisdiction Of the
Eeourt. ss, 4: n. q 0 4; I,
i The motion was argued aud sustained By tile
court, after which the case was adjourned un-
| I'll tile 3ist inst, at 10 AIN. 49, Ii, !.
Friday, Aug 81, lO1a.m.
4 Court met pursuant 70 adioaTnment.
81 Mr. Mccormick filed q motion for 4 further
continuance Of the case; for the reasons that
they hail not been ablc ~ procure THE warrant
issued in tbs case Of the United Staiesyys
/ David McKenzls, referred 70 iii the motion
! filed ON the 25tb inst, and that they wished
/ 20 procure the testimony OF Capt Henry Hsth
of the U, s. Army, now It Camp Floyd with
out which they could not safely proceed 70
trial. - ~ .a... u z&;:.
i The motion WAS argued by the counsel.
after which the court ordered that ths ease lie
continued until Wednesday, the 9TH day Of
lSsptefnbsr, AZ : pm. 70 which time the ccnft
adj0ufned. ,ss s,=.s; i
...: j, Il. Wednesday Sept. s, 2 I'M.
i Court met pursnant TO adjournment s.s
Mr.. Eerguson asked II the snbpGnks Issued
on bshalf q the prosecution had been returned.
4 ard Was informed that they would W in court
il in short time. s..
Il Mr. Mccormick asked leave 10 withdraw
the answeF he had previously filed on the part
of iheflsfense. .9.l b IS
His honor said he knew not for what pur.
Il pose the gentleman desired to Withdraw the
answer, but the tisfenss had . right 10 with.
draw il. s< s.i=.s .l. II III
Il NJ. Mccormick demurrsd 10 tbs deeIara-
tion: = 81 .; III. :s,. =:
Mr.. Stout objected to the general demurrer
~ being esnirary TO our statutes Il VI Fl: ::
n The court said thRt dsmurrerE for formal de-
:, fects were abolished by our statutes, but II
they would file special demurrer, specifying
the grounds on which II was made, The court
Gouid entertain it.E 'g*3 :s l#E.s5s=.: +
Time was granted the iefeuse "a prepare a
special dsmnrrer, and the court was in recess
; | for half an hour =. ::.<.: -,
!. + Mt, Mccormick filed his demurrer to the
!, declaration, the gs0uni of which was that
/ Brigham Young, sen, failed to show, in his de-.
claration, by what authority he sued for the
damages done to the plates fruul which the
6 Deseret Currency wae printed = :
: Mr. Stout replied TO the Arguments Of The
!. Ieolnsel for the defense: E. =: e ~ ~: y
: The court oyerruled the demurrer and or.
1sred the defense ta.fiie their answer *a-5s =,
/ Mr. hIcG0rmick asked for an adjournment
/. till tomorrow morning TO give him time 10
prepare an answer, ard also that Mr DeWoit
who had only just been engaged to assist him,
. might have an opportunity to examine the
: papers, @ ]: ..;.:...= :... s u. Il:
attorneys IN speech making, after which III.
court adjourned till u morrow morning at 8
: eclock. Z. !: 81:
S :. & -z z, {. B. Thursday, I'm.
Court met as per adjournment ;:.. r..
II The record Of yesterday was read by the
clsrx, after which Mr. DsWoIf filed a plea "a
BAR to the action and made teTte and spirit.
: ed speech in its support He argued that The
declaration Of complainant was not sufficiently
texplieit, and that the failure to state whether
" Brigham Young WAS member or an officer
I the peseTet Currency Association. OF :yhe thei
+ he was employed: by the association to sue
' was fatal 10 the suit The plaintiff filed de
/ murret TO the plea in bar; held under advise
= .tnent BY the court tiIl2 pm. The court ssis,
tanned the demurrer :..:E :.,. ~ -.&:s,s ~
!" Defendants then asked leave To file another
: demurrer. but tho court refused to allow th,
! proceeding, and ordered the answer To- b
= i filed :...:. : .-s.,. ..,.,-. =. l. Il:
!. Mr.. Mccormick gave notice that they sheule
y except To Als ruling Of the court -. =. .#::. 81.
: Mr., Stephen DeNoH filed Defendants an
u sWer 4: =, -: >. -,
!: After a short consultation with his colleague
a Mr.. Mccormick said lie had pleasure in Stat
IS Ing to the court that they would be ready fe
q triad in the morning. T. :c1:..'-*
> The following Jurors were then duly eInpan
n nslled and sworn to try the case, viz .ss
!, Joseph HsTne, -" Edward r. MuHford,
n Joseph W Johnson, Enoeh Reese, q 8
: Nathaniel II. Felt, Albert P: lockwood.
+ Theodore McKean, Samuel d. Shrine,
n Samuel f. Atwood, John d. 7. MeAlIister
. EbeneIsr Il. Young. George w. Price,
y The Judge briefly Instructed the iurerS in q
' gard tn their duties. and then ordered the
court adjourned till Friday morning at nine
\ O'Clock. +: : ..';;:. +: 49,.
t.. -. Friday,spa m. Sept. :.
Court met pursuant 10 Adjournment r.
Ths record Of Thursday WAS read by thu
n clerk. --->.
e The counsel for the defense objected to til,
l. record in its present form, and desired 1t 10 hs
n so amended as to show the object Of the second
q demurrer, which the court refused TO entertain
J. their object being to ask the court to dissoly,
o the writ Of attachment that had been issued
:, against the goods and ehattsls of the dsfsn'
. dant. -.t 49, -:
e The court held the matter under advise,
5 ment 2. tl@.' :r5 -. 80
r Mr., Stout opened the case TO tho jury or
r the part OF the plaintiff. ~
J., Mr.. DswOlts responded on the part Of
J. the defense. -. =. -.,.-I =
, The following Witnesses were then examined
. on the part Of the plaintiff: -.
e John T. Game, David o., Calder, Archibald
{ n Hill, Hiram D. clapEon, Henry Maiben
d John Kay. Robert Campbell, Thomas ". FL
y leTbeck: . x*..- -. -
. The prosecution rested the case, and Mr., DE-
V Wolfe nresehted rs evidence. the eommissinI