The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-03
PROPHET OR MURDERER ?
Brigham Young SurrenderS TO an Indictment
for the Killing Of Yates in Echo Canon.
COMMITTED WITHOUT BAIL.
Ee il Allowed to Remain at His House Because
They Have No Jail and Remember
ing He is an Old Man"

SALT LAKE CITY, Jan. 9, 1872.
Deputy United States Marshal A. $. Patrick, act
ing for Marshal NJ. f. Patrick, VINO Is absent, was
informed this morning that Brigham Young was
IN town. Together with Deputy Marshal Captain
Isaac Evans he proceeded to the Zion House, where
ne was admitted. He f00pa III large autc-room
q large number Of leading mvIuions, to whom he
was introduced; among them were the apostles
Smith ana Wells, a number Of bishops, jennings
Clawson and other prominent churchrien, together
with Thomas Fitch and Major Hampstead Brig
hams counsel
IN A FEW MOMENTS BRIGHAM APPEARED.
He was introduced TO Deputy Marshal Patrick
who informed MIN he had warrant for his arrest
which he proceeded to read. 1t recites that Brig
ham Young, II. stout, Daniel II. Wells, william A.
Hickman and J. A. Young had been guilty or the
murder Of Richard Yates IN Echo Canon, Noveml-
Der Is, 1861 Mr. Young was informed that he was
under arrest and that Captain Evans, Deputy Mar.
shall, must hold him In custody until arraigned be.
lore the Court He said 1t was all right. He
DID NOT INTEND 70 RUN AWAY,
since he had come $50 miles, from 81. George
through mud, 10 give himself up. He proposed TO
stand trial. and cheerrully acqulcsced In the state
ment OF Marshal Patrick that his duty compelled
MIN TO Keep him In custody, where he now Is at his
residence. IL IL understood that Brigham's pre-.
ciptate light was maze on the advice Of Fitch and
against the wishe and protests Of Hampstead, his
counsel. More mature debcration induced Brig.
ham TO return ana surrender himself to the auhor-
ties. Joseph A. Young. eldest son of Brigham, VINO
Is conformity indicted with Brigham and others, IL
SAID to have gone South with Brigham but his
Whereabouts are not now known.
THE MABsHALs ARE LOOKING AFTER HIM.
and he VIII be promptly arrested on his appear
ance. II Brigham IL baled Joseph A. viii
undOubted surrender himself ana be baied also.
Al two O'Clock TINS afternoon Brigham entered the
Court, IN charge OF Deputy Marshal Patrick. ChieI
Justice Mexican presided. The court room was
densely crowded. iOung WAS attiled in q long
heavy overcoai, covered with green cloth cape,
mullers about his neck, black Kid gloves and black
IN Goop HEALTH FRESH AND rosy,
surrounded by the magnates Of the Church. Major
Hampstead announced the presence OF Brigham
and asked that defendant be admitted to bal under
the statute Of !7sp Ipst as asl sE was Old,
me1 Would sopardlze Eis health an PERHAPS lie
certificate Of Dr. Anderson was read which
confinement would he dangerous. Motions to
quash were pending and chances OF long trial
United States Attorney Bates acknowledged that
under old laws bail was allowed anl cited the cases
Of Burr and Jeff Davis, ana as the sole representa-
tive OF the United States gove1nmeDl he would per-
init any action That Will bring the defendant 10
trial.
here was consideration TO he weighed. lie
alluded the TACT mat the government, with all ITS
richness and power, had no jail or place OF combining
prisoners. His age ana health were thing to be
considered, and If bail must be fixed he would sug.
gest that II should be at 100000.
Mr.. Fitch urged that the sum was very large, un-
precedented AMI moDsitOu lie referred to the
baIlng o. Jefferson Davis for 100000, which was
the highest ever asked. lie opposed IL and pro-
tested against 1t.
DECISION OF THE COURT
Alter some elaboration Chief Justice Mexican rem
dered MS decision as foOws:--
The government OF tue United States has no jail
IN this city for holding prisoners who are arrested
on process Issued from the United States Courts.
The Marshal Is therefore required to cA-
Sometimes such prisoners are kept at Camp
Douglas, but The military commander or that post
u not 0DiiRed 10 receive them. The defendant now
ut the bar Is reported to he the owner OF several
the control OF the Marshal some suitable building
or some suitable portion OF some building III which
tobe detained, II VIII he for the Marshal to decide
whether or not to accept 1t. 1t Is at the option of
such ofer and equally at option OF Marshal TO saw
whether he VIII accept IL. In any event, whenever
or however the defendant be detained, the Marshal
WIN LOOK to 1t that his every comfort be prVvie,
Tor. Remembering that
DEFENDANT Is AN OLD MAN
decline TO admit the Il PENDANT 10 bail.
Mr.. HBaPsTEAD said then he had nothing further
to oner.
quietly lett the court room. Brigham Young was
then
TAKEN TO HIS OWN HOUSE
In MS carriage, where he remains I'm charge of tho
United States Marshal.
An attempt to admit stout, KENDALL and others TO
b2i Was deelfed. There was not much ey citemcnt,
ana me decision gives general satisfaction among
Le uenliies Bates, l3asiSln and Maxwell appeared
I0r tne government: FlcD and Hampstead ior the
prisoner.