The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-19
UNITED STATES SUPREME COURT.

Ono Of the Mormon AlIesed Murderers.
Resea af0ur, Appeals To the Court on tho
Gsernd that the Grand Jury In Salt Lake
Wus illegally Constisused-The 'ssaint' U.s.
acting the Old View as 70 the Uaiscd states
Jurisdiction i'm the Territory.
WASHINGTON, Jan. Is 1S72
No. A7s Hosea Stout vs. The People oil the United
States IN the Territory OF Urah-Error to the SUI
preme Court OF the Territory Of Utah-Stout was
arrested by the Marshal oil the Territory In october
last under the an h0rity OF warrant issued from
the District Court OF the Third district purpoltng to
be based upon an Indictment found ny grand
jur OF the Territory charging him with the
crime of murder, committed IN 1857. The
Grand Jury by wnom the Indictment was found
was c0mp0sel OF twenty-two men. selected bv tue
Oruer OF the Court. There was in iorce at the time
law OF the Territory on the sub ect OF the sclec-
tlon or jurors. grand and petit, providing tnat nsts
shall he made out IN the several couutle5 bv
boards Of county officers AT stated periods, and that
the names OF persons TO constitute Jury panels
shall, as required ne selected from these lists 0y
lot. In the procurement Of Inc panel ny when tins
indictment was found 1t Is charged that TIE provi
siOns OF this law were Intentionally dlsregardeu.
and the selection was made from Inc inhabitants OF
the Territory a. the discretion Of the MARSHAL. ,,o
proceedings weie illegal and the indictment and
warrant invalid ana applied To the Supreme Court
tho apphcation stated the above facts. The Court
retls,d the application. basing us reiusal
upoD Ine grouud hal the Grand Jury had been
Properly constituted under the act OF Congress pro.
vIllng that In the discretion of the Court the venrc
shall issue 10 the United States Marshal, and hold
ing tnaL the law OF the 1eirltOry prescribing y
mode and directing that the venire shall DO issued
by the clerk and to Territorial marshal
are not binding upon the district courts OF
the Territory. IL Is here cOntended that by the
organic act, which Is IN fact the constitution ol the
Territory the legislative power Or The IcrrltorV Is
extended procuring of the panels oil Jurors by
tile following clause.-"That the legislative
power Of said Territory shall ex end 10 all
ngntlul SUBJECTS OF legislation consistent with
the constitution o. he UnlLed states and The pro-
visions u this act" The law called In question:, IS
urged, Is therefore valid and biniing upon the
courts cannot be sad to be Inconsistent win
the constitution any Of the provisions OF the act
Q. }. Hlyer p.alntlfl in error; Attorney Gene.
raj Williams and Assistant Attorney General LII
for the government.
No. .54-County Of Pcndloton, KY, VS.. Amy. Err
ror to the Circuit Court for Kenucky-The declara-
ton In This cause Was founded upon bonds and cou-
pons fssued by the Court In payment OF suoscrip-
ton To the capiral stock OF the Covngron and Lex
lngtOn KALI oad Company. demurrer was inter-
posed showing that Amy was not The owner, holder
or bearer OF the coupons; tlab he was citizen OF
Kentucky, and therefore could not MAINTAIN an ac-
tlOn against county OF this State III The federal
Court; thai here was no authority conferred by law
upOn the county Court OF PendietOl county 10 make
the bonds aud coupons nor 10 subscribe tue stock
for winch ley were issued, aud that certain Ofcers
OF the Court therefore without authority to act,
and that the whole transaction was void The plea
was overrued, and the Case comes here, where the
same points are further argued.