The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-26
BRIGHAM YONG RELEASED.
The Great Salt La "
Triumphs. :.
The Probate Court Overrules All Objection.
The Late United States Court nlegal-Mor-
mondom Must Govern Itself Federal
Officers and Counsel Quietly snubbed-
A General Jail Delivery Expected.

SALT LAKE CITY, April IS, 1872.
Inc proceedings on habeas corpus. based ON the
personal application OF Brigham Young for his dis
charge, was concluded In the Probate Court before
Judge Smith, a Mormon elder, to-day Territorial
Attorney Snow, Mormon represented the pris-
oner, while Deputy United States Attorney High
and Judge Gchrst were for the United States Mar
shall. The plea as to Jurisdiction having been over
ruled yesterday by Judge Smith, to-day the counsel
for the Marshal, Patrick, made return to the writ
Snow claimed that the warrant of arrest was in
sufficient, first, because the jurisdiction OF the
Court was not shown; second, the writ was issue d
10 tho United States instead of the Territorial Mar
shall.
The United States counsel replied that the Dis
trtct Court OF this Territory had a United States
Marshal to be their executive officer; that the Pro-
bate Court was bound by its decision and It was
general Jurisdiction, hence Jurisdiction In this case
was to be presumed unless IL could be disproved
1t was also urged that the Probate Court, being
an Inferior Court, could not review or correct the
proceedings OF the district courts, which were OF
general Jurisdiction; also that the prisoner, being
held by United States officers under regular pro.
cess OF law, the Probate Court had no power to re-
lease him.
The Court overruled all objections, however,
nacle discourse, holding that he must take judi
clal cognizance of the matter; that all
the the proceedings in the United states Courts
illegal, and which he would not hold Absolutely
the people OF the Territory had the right to govern
themselves Notwithstanding Congressional enact
ments they were free and Independent; and if the
Supreme Court Of the United States travelled out
side OF the record he certainly would not obey any
Of their decisions.
The whole tenor Of the decision showed clear
reputation OF the Congressional acts. The prs-
oner was discharged, Marshal Patrick, through
counsel, protesting and notifying the Court that
the proceedings would be removed by certtOra,t to
the District Court
Brigham Young was congratulated by his Nor
mon friends, Daniel IL. Wells and other leaders
being present The court room was filled, but there
was no demonstration after the decision OF the
Court
This is considered the first step In the programme
OF the Mormon leaders to rehabiltate the Probate
Court with all its old powers Of original and
complete jurisdiction In all civil and criminal mat
tiers. The Church would thus have complete
control Of the lives and property Of all the inhabi
tants Of the Territory.
The hearing of the case will probably be had be-
fore Judge Strickland next week on record. Mean
while Brigham is free and Will adjourn the Con-
ference on Sunday next, after its extraordinarily
long session. grand love feast Is anticipated.
The other cases on habeas corpus will probably
result In the discharge of the prisoners at once.
The decision of the United States Supreme Court
has not yet arrived
serenade is proposed to Brigham Young
tonight.