The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-03-09
Tue
MOUNTAINEER.
CHEAT SALT LAKE sITrs
SATURDAY MdRcH 2, 1851.
n IMPORTANT DECISION.

case 81 Fitzgerald rs. the People q the
United States in The Territory Of Utah,
aud 10 tue remarksof Judge Cradlebaugh,
bidding dehaAre 20 The MANDATES Of the
Supreme Court when Che writ was served
npcni him supersediug the execution Of
the sentence pronounced BY Crndlebaugh.
unta the decision Of tho Supreme Court
could Be obtained.
Upon The Investigation 81 the records
We find That Fitzgerald was indicted,
tricd and convicted in Carson County for
MURDER The United States Supreme Court
iorthisierrltory beingln session al thcsame
timo. aBdthercccri disclosing tho fact that
The trial took place at a called session Of
tho District Court upon application Of
one hundred citizens; and the court hay.
ing decided 10 the case 81 Winters vs.;
Hughes that tho legislature was aions an
thcrized 70 AZ the time and places for
holding tourts, q writ 81 snPasedsas was
not only issued. but tho Judgment was re-.
yersed without argument, and trisl dei
noro awarded
However much we nlaydifIer with some
cfthe sentiments and opinions of the two
gentlemen who have recently occupied
che high and honorable position d the.
Supreme bench 81 Utah. We mistake their
eheractcrvery maehif Judge Cradlebangh.
i net most severely dealt with, shopldI
no proceed toexecute the sentence Of bis
court BY hanging Fitzgerald: Did wsnotl
know from his antecedents how unscrupn.
ious Judge craiIsbaprb was ii The dis.
charge 81 exercise II his functions We
could not think Tor 4 moment that he
wIotild Be- guilty Of 10 great an outrage.
FITZGERALD occupies he same position
g tbonrh he lad never been tried: and
Z with The presumption Of law that svery
man isto be considered Innocent until I,el
Il legally convicted 10 hing the pFisoperI
now, after tic Judgment has been sct
aside. would u little less than nav III
can safely say would be, actual murder.
wiIfuI pfemedttatea murder n addition
10 whirh cfir,o worjd bc added Inc gros..
"a ccntcmpt ever perpetrated 81 thai
rossibIy could be offered against the hirh-
III court u tie territory
Our object more particularly IN srainl
referring ID this case d 10 advise the pnb.
lis ii llccision mpde by The supreme
Court during their recent session which
VIC evrsiasI u sosae iispOrtppev. Iu ,,ls
case above referred to, il appeared that
die counsel for the prisoner pleaded To-
the Jurisdiction Of The court. outhe ground
that cradtebaugh was not Judge. having
been superseded By the appointments Of
Judge Elsnniken. This qnestion being
presented by the record, and conflict
existing in the second Judicial district be-
tween these tive gentlemen: each contend.
ing for the honor Of the bench, and both
holding, or attempting 10 hold court In
the same district; the Supreme Court
met the question and decided il adversely
10 Flenniken
In making their decision the court took
into consideration and brought directly
to Issue the power Of the President 10 re-
lnore territorial judge The position
assumed by the conrt was, that while the
Organic Act provides Tor the appoint.
ment by the President Of alI territorial
officers for four years, aud gives u him
.he power of removal ID most eases, that
power mi regard 10 the Judiciary i with.
held. Upon this groulld they ruled that
as GradIebahgh was appointed and con.
frmed for four years and as the period |
for which IL Ma, sarnoiu,ea ,had nat g. =,
pfrsd, be was sin Judge and coaI,l NOT t,e
sapplanted 81 any power vested IL tbe
President.
THIS decision Il one IL gray. inonor,
snce. and being 4 we. bailey. n ne a.,
on The ane.,Ion !, aver n,sds ~ -, - = az
T.rritori.t f,on-,. .,,ll I.m.,;a ~ ~ $.
|, p.s,in, no,iss ''..