Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-18


and asked no questions, that tue men
were aroused after Il O'Clock at
night, broke camp anu still no one
rxprrssed eufprise nor asked a
uuestlnn; that finally the ttaiu cnmc
with Novel; IN command, Novel; not
bolng an officer but private In the
army, aud still neither sufpfise nor
quostion. All the men embarked
under his aelf-consliiuted lealuuhip
and when they reached Provo All
were derailoj, they by force and hci'
Ing In concert Kept possession ot uiis
stolen train after being informed 70 the
theit ami Ia T.ot0us defiance OF the
ofiiprfs OF the law. .lweutY.Juu Uf tue
defendants arc specifically Identified
nH actively nldiue iu tins concerted
action aud tho evidence shows tuai all
EXCEPT Carter T0db On tue ifuu in qu.f-
uon. It's itdCCi heavy Gfht on
| crrdulity 10 believe that any OF These
men we're ign0rsut when tlrY ulatdci
/ the traln0i THE mruususuiin acquiring
/ Il, but even 10 then ignorant, thoCuier.
/ ing Into the cUugpiracy aitsr hnowl.
/ edge OF fuch means would In law mnhu
| them parties 10 all acts In iufthofauco
Of the common design done by their
co.conspitat0u either bo.oie or after
such entry.
ItisIasily o5ntondod that none Of
these defendants knew that tbs Prop
cry In question was Ia custodia legs
! nor that receivers % tho pop
ur,y % the Union Pacific Naii-
way Company 20 this Territory
had ever been apppinicr, and that such
| knowledge Ia essential 10 the contempt
charged. Professions Ui ignorance Of
matters OF general nUtorcty htu usual
is regarded with suspicion; hut there h
diruct evidence Of knowledge in this
rnsr. Carter admits that he had
heard vague Tumurs Of such receiver
shin. Blake tcs'iiics that when the
train was hrt taken he notified the
captora that The properly was Ia poe
srsslOn Of the court through IL rCrciv.
efa aud that he ne au cmpl0ye was
an officer Of the curt Alter
they reached Provo, Fowler notified
them Of the fect iyenhip aud that the
property had bsUn suiEod from the
possession Of the court, aud hu was
treated with ecOfnj and Thereafter tho
army continued IA their efforts 10 TO-
place tue train on the track 90 that
they could continue thcig light Tue
evlds 90 warrants me Ia thinking That
F0wloris statement conveyed no news
" them.
II must be remembered that the OBJ
jcct OF this cUnilirAcy, being 20 wrong
folly seize anu take away from IT, tue
owner "a train n cate, was - public
otieusr, aud having uui,oi Ia that un'
awful purpose Uach became liable TOT
the means used by any c5-conspiratJi
ia tho accomplishment VI such com.
mon purpose. II one Of the band NJ
incidental % such purpose had com
United murder with reconciliation MI
would have been guilty Of murder In
the met degree. IL would be At
! anomaly 10 attfibutu the ,malico ant
reconciliation Of ouo 10 all aud yet moi
attribute his knowledge 10 them all
The evidence Justified the inference
that all knew OF the ruoeiverahip, bul
| In my Judgment " would have beet
, sufficient h show that only the captor
Of the train were Informed OF II an'
. that they were but carrying out Ia
unlawful common design oi IN
others.
AZ follows that all Of the defendant
L are guilty Oi the contempt charged
= but II does not follow that all dosery
y equal punishment. Men afo ehsil
y led astfay by the force OF example an
the men who arc the inHtigatOta an
y leaders In the wrong are the NOR
= guilty. Defendant Carter, ia th
J. opinion OF tho court, IL chiefly ts,p1t
= siblc for this 0iirhse Novel;, Day
y Gregory aud LJwfuy were leaders I
= the seizure II the train, Defendant
, Smith aud Van Buskifk are idOntift
y ~ especially violent Ia resisting Oh
= officers Of this court and durlding "a
y power OF the law; all OF those drsrry
!, n greater punishment than the other
ole tho court about 10 pass ludgmCi
at this ume2" interrupted Avtone
- HoutZ.
Is Judge Merrilt-Yss, sir, have 20
:, anything 10 say2
q Attorney H0utz-Woll, before thi
IL done We desire 10 move the court
- afrrst OF ludgment-thu intiolng
any punishment on any VI thci
~ parties. Counsel went on 20 Huy thi
u he did not care . make any length
" argument. but directed attention 10 u
: case "a .pafte WhitmDto, In which,
OF said, the Territorial Supreme COu
40 laid down the doctrine that there wei
"a two forms Of contempt Of court, civ
W AMI criminal, the latter being, IN I
W nature, what was dencminated Ia n
y. statute A. a crimti In other words,
~ public otirnsb. IL was further stat,
~ la the same decision that all pr
20 ceedings OF that character must
u prosecuted In the name o. tue Poop
u, OF tho Territory u Utah, la this ca
va the People were not a party 10 the W
u cbodiug; It was oliver Amrs agaiu
u the Union Pacific Railroad aud Othei
~ This record was peculiar and II scent
M 10 him that IL would be- anomalous
u, proceed against these men criminal
ln In this way, especially against Carr,
~ Here were twon,y.seyen men not all
u whom were held Ia COutempti but
nv regard 10 those who were there was o.
one thing a toe record, from hugi
~ ming ~ end, which would indica
y. that they WIRE partles 10 u, or duiou
" ants IA H. Here was al ord
70 Issued against Garter ana one huudr
no others:n hero was tue Title, ami he
~ was the record, from the ilrbt down
'a' the prrseut moment What protoeIl
us had tbese meu2 What was there
oI pfsyeut their being brought here aga
nk tomorrow, or AZ soon as they were
~ leased ir0m custody? A warrant
NC that Kind, counsel thought, WAS n
70 good. ami the accused could not
no held upon a. and be desired In th
un behalf therefore, 20 move TOT tue u
~ charge Of every one OF them,
bs Judge Marshall, replying, said
a. fact-thnt these men hai plead
- tItts tphnrgg by thulr true names n