The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1872-01-16

Brigham Young Surrenders to an
Indictment for the killing OF
Yates In Echo Canon.

SALT LAKE CRY, Jan. 2-Deputy I'm
ted States Marshal A. S. Patrick, actin
for Marshal NJ F. Patrick. who is al
sent, was informed this morning ths
Brigham Young was in the city. Tc
gether with Deputy Marshal Captai
Isaac Evans he proceeded to the Zio
House, where he was admitted. H
found in large ante room large mum
ber of leading Mormons, to whom h
was introduced. Among them was tn
Apostles Smith and Wells, number Q
Bishops, Jennings, Clawson, and othe
prominent chcrchmen, together wit
Thomas Fitch, and Major Hampstead
Brigham's counsel.
IN A FEW MOMENTS BRIGHAM APPEARED.
He was introduced to Deputy Marshs
Patrick, who informed him he had
warrant for his arrest, which he proceed
ed to read. 1t recites that Brigham
Young, H. Wells, VIM. A. Hickman an,
j. A. Young had been guilty of the mur
der of Richard Yates, in Echo Canon
November Is, 1857. Mr.. Young wa
informed that lie was under arrest, ant
that Captain Evans, Deputy Marshal
must hold him in custody until arraignet
before the court He said it was al
right. He
DID NOT INTEND TO RUN AWAY,
since he had come $50 miles, from st
George, through mud, to give himsel
up. He proposed to stand trial, ant
cheerfully acquiesced in the statement o
Marshal Patrick, that his duty compel
ed him to keep him in custody, where he
now is at his residence. 1t is under
stood that Brigham's precipitate figh
was made on the advice of Fitch anG
against the wishes and protests of Hemp
stead, his counsel. More mature delib
Grafton induced Brigham to return anG
surrender himself to the authorities
Joseph A. Young, eldest son of Brig
ham, who is conjointly indicted with
Brigham and others,is said to have gone
south with Brigham, but his present
whereabouts are not known.
THE MARsHALs ARE LOOKING AFTER HIM
and he will be promptly arrested on his
appearance. If Brigham is bailed Jo
seph A will undoubtedly surrender him.
self snd be bailed also. At 2 O'Clock
this afternoon Brigham entered the
court in charge of Deputy Marshal Pat
rick. Chief Justice Mexican presided
The court room was densely crowded
Young WAS attired in long heavy over
coat, covered with a green cloth cape
trimmed with furs, and with two large
woolen mufflers about his neck, black
kid gloves and black hat. He appeared
IN GOOD HEALTH, FRESH AND ROSY,
surrounded by the magnates of the
Church. Major Hampstead announ ced
the presence of Brigham Young. Sr., in
charge Of the United States Marsha, and
asked that the defendant be admitted to
bail under the statute of 1889. That
the defendant was old, II years of age,
and feeble. Imprisonment would jeop-
ardize his health and, perhaps, life. A
certificate Of DR.. Anderson was read,
which showed that defendant was in del
icate health, and confinement would be
dangerous. Motions to quash were
pending, and chances of long trial
were great.
United States Attorney Bates acknowl-
edged that under old laws bail was al
lowed, and cited the eases of Burr and
JEFF. Davis, and as the sole representa-
tive of the United States Government, ,he
would permit any action that will bring
the defendant to trial.
HIS VOLUNTARILY COMING
here was consideration to be weighed
He alluded to the fact that the govern
ment, with all its richness and power, had
no Jail or place of confining prisoners.
His age and health was thing to be
considered, and if bail must be fixed, he
would suggest that it should be at $780,
900.
Mr.. Fitch urged that the sum was very
large, unprecedented and monstrous.-
He referred to the bailing of Jefferson
Davis for 100000, which was the high
est ever asked. He opposed it and pro.
tested against it.
DECISION OF THE COURT.
After some deliberation, Chief Justice
Mexican rendered his decision as fol-
lows:
The Government Of the United States
has no Jail in this city for holding priso-
ners who are arrested on processes is
sued by the United States Courts. The
is therefore required to exer-
else the discretion which the law vests
in him. Sometimes such prisoners are
kept at Camp Douglas, but the military
at that post is not obliged to
receive them. The defendant now at
the bar is reported to be the owner of
several houses in this city, If he shall
choose to put under the control of the
Marshal some suitable portion Of some
building in which to be detained, it will
he for the Marshal to decide whether or
not to accept it. 1t is at the option of
the defendant to say whether or not he
will make such offer, and equally at the
option of the Marshal to say whether he
will accept it. In any event, whenever
or however the defendant be detained,
the Marshal will look to it that his every
comfort he provided for, remembering
that
DEFENDANT is AN OLD MAN.
I decline to admit the defendant 10 bail.
Mr.. Hampstead said that he had moth
ing further to offer.
The decision was received in sill ence
and the crowd quietly left the court
room. Brigham Young was then
TAKEN TO HIS OWN HOUSE,
in his carriage, where he remains in
charge of the U. S. Marshal.
An attempt to admit Stout, Kimball
and others TO bail was deferred. There
was not much excitement, and the decis-
ion gives general satisfaction among the
Gentiles. Bates, Baskin and Maxwell
for the Government; Fitch
and Hampstead for the prisoner.