The New York herald., 1871-11-16
st. BRICnAM'S COUNSEL.
Why Prophet Young Left Salt Lake No Chance
for Him Before MeKcan's Court.
THE MORMON pRED1cAmEnT.
Legal Aspects Of the sit
natiOn.

The Hon. Thomas Fitch, leading counsellor and
attorney for Brigham Young, stopped at the st.
Nicholas Hotel on Tuesday night, and left Wednes-
day to Keep lecture engagement a. Bennington,
| Vermont.
| As Mr.. Fitch Is directly from Salt Lake CITY, and
! acquainted more directly with the Mormon situa-
On In its legal aspects than probably any person
| the country, HERALD reporter was sent TO sound
| him on the crisis.
He occupied cosey parlor with his wife, lady of
nnc literary culture and spiriLuelle face. Bishop
Sharpe, Hon. W. u. Hooper and one or two Centiles
on good terms with the Mormons had left their
cards upon the table, Mr. Fitch Il heavy-set, Ita-
an-lookiDg young man, with rne chestnut brown
eyes, . brown and red complexion and a black
mustache. He was very free and natural In has
manner but avoided close inquiries 10 the habits
and character Of tho federal of1cals In Utah.
'Mr. Fitch" said the HERALD representative
''are you the sole counsel for Brigham YoungS,
mo. sir, my nrM lFilch Mann) probably lead In
his business at Salt Lake. Besides, he retains
Hampstead and Kirkpatrick, Snow and Hogue
Miner and Stout and lie Grand Young. Our sttor.
ney at Washington City Is Curtis J. Hillycr Of Ne
vada. All the above are Gentiles except Snow
Young, Miner and Stout.'
''Was II by your advice that Brigham Young sud-
denly left Salt Lake for Southern Utahi'
mot especially. think it was prudent, however,
under the circumstances. Brigham Young makes
sort OF tour OF the churches and settlements every
year as far as ST. George, the border OF Arizona.
lie had started when he asccrtained that the Grand
Jury had indicted him for Icwd and lascIvlous con-
duct and cohabitaIi0n' but he Immediately re-.
turned, waited quietly 10 be arrested and his ol
lowing arrest he gave bail In the sum OF $4,000.
Then hearing that other indictments on old and
trumped-up charges OF murder were being prepared
he waited three weeks to see them produced.
He nnally sent for United Sgates% Mar.
shal Patrick and asked him II he had
any such indictments. Patrick replied that he had
NOT. MI. Young then said he was prepared for the
annual trip, and as the Court had indicated to his
counsel posIponement Of the trial on the existing
Indictment until late in the winter, he thought OF
making no further delay. He departed in his car
rlagc In broad daylight j saw INN 20 myself.
After he had gone day or moro Judge McKean
took out OF his pocket an indictment that mad lain
there In secrecy for q month and Issued warrant
upon 1t FOR his arrest Tor murder. Hence the hue
and cry over the alleged flight. II Is ridiculous and
has been elegraphcd East to inIure the old man."
"Was 1t legitimate for Judge Mexican 10 keep an
Indictment 30 long conccaled?'
mo. Utterly unprecedented. The Grand Jury
found the Indictment the 2sth OF September; the
warrant was delayed till the 2Sth Of October Such
conccalment is never used except when rnc defend
Brigham Young waiting all the time to be arrested"
"will he probably return and submit 10 arrest and
incarceration at Camp Douglas on the nnbaiIable
charge OF murder?n
''Be may; but shouldn't blame him " lie refused
TO walk INTO rnis deadfai"
''Wny do you say deadlail Z"
''Bcause, under the ury-pacKng system now prac-
tlced In Utah, and the rulings and cnargngs Of the
Court, he has no chance whatever. in fact, he has
opened this term OF the Court he said thai the iDs,-
tuition and system OF the Mormon Church were ON
trial. and made harangue against ,hem.n
"what is the general estimate OF McKean among
the legal fraternity OF Utah p"
"Ue Is a fanatic, without much knowledge or law,
determined to secure convictions OF these people at
INC means; thinks he - sustained by the admnsira-
ton; that IL IS his religious duty 10 crowd the Nor.
TO gam great political reputation. lie ia n very
dstcrmincd man. nnyeces tssaSe. nc u a preacher
anu an elOcuti0nst"
.What are said TO be his ambitions ?n
political promotion IN the East, either IN New
YORK state or at the Presidents handsu
'Arc the two other Justices more impartial p
Il nave not sufficient knowledge on that head TO
answer mtclgently strickland acqdiesccs with
Mexican uniformly. Hawey differs from Mexican
with respect to the Mormons, only that ne
w0nn reac \, 'ne aG n ea ern ss 9S WIN
'Do these Justices show any feeling Of sensitive
ness as TO the severe criticisms passed upon them !
"WeII. they think the American people are indlf-
fercnt about tho means Of exiirpating hormonism |
80 Il be killed OF. Tney do not know enough law TO
care for professional estimation. They are popu- |
larry said ,,t to jump mines ana precedents with
what TOOK you from Nevada to Urah, Mr..
FitchY' -.
conneciion with The Mormon trials probably fol
lowed from my position on The Cuban oil! ID Con.
gress last wlnter when made e, ,ne only si6c speech
posed because took The selection Of urles cut or
the hands OF the local officers and out OF the scope
OF law OF the Territory, IL made the united States
Marshal the dcspot Of Utan ana excluded from the
jury.b0 nincteen-twentc,hs OF the people. And
Cullun bill IN advance or It's passage BY congress-
and Mr. Baskins, the author OF that BILL IL actually
the United states Attorney IN o'an' se''ns conV'c
YOU DO not appear ,o place fallh in the news
..No. They are Munchausenisms. which tickle us
at home while they probably do hurt at distance:
The federal officials write most OF them. These Old
murders are supported by tue evidence Ol the ues-
perado who dl them, and that OF Yates happened
nfeen years ago, In the Mormon war, which the adj
reason clearer than this that the present Court has
come TO make havoc and will 70 any lengths to do
~ The very order and prosperity oil tue Mormons
SDo yon have any sympathy with polygamyf"
''None. In my speech IN the Hawkins case calieu
II y cruel and enc0mpensa,ing system OF DarDar.
ism,' whether endorsed by the Old Testament or he
Mormon reycat'on There are allowances !, lTr Ttan
the women were in excess, and II devoived upon
man to take care OF more than one to Keep the ln-
married from starving. Il was preached as . re.
iicions ordinance to credu0us people, anu Was
nfactised remote from homogeneous mankind. Iney
aaid n on begin il with criminal intent Soce'y mas
caught up to polygamy. and It's hours are namnereu
hut what is the use OF gaioplng over an ~" u anu
Secency to make martyrs and seed for ltf why
treat It with the spirit OF preachers ana zeaiTs in
stead OF as statesmen and surgconsy save tne niS
oT Ihah~iis frugal and temperate labor It's acqui.
s,ions and It's uses for all the mines and settlements
OF the central Continent Those are my sentimenfs."
what Is the value OF ltaht'
"WelI its mines are equal In value 10 those OF
Nevada which have produced from $4,000 oOo 70
xlb0 COO COO The real estate, capital, dc, are prop-
abiy not less than s1O0000(0. ALI TINS y Mormon
work. Labor IN rtah at the mines ,S COSTS Sns my TWO
"Do yon think an exodus nom titan MAS ever
| contemplated" ,,, ,,r,onan INIT
..Yea. know IL was debated, eut brignam tms ns
his foot on H. I, is not required Every interest Oh