Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-11-09

Warsaw TO Carthage Another witness
Was a girl. Eliza Jane Graham AZ will
be- soon none of the names that APP
pear as those Of the leading conspira-
tors at Nauvoo appear among those i'm
dictcd for the murder. and that itsclf
IL fatal 10 the assertion Of the Tribune.
if Governor Ford and the assassins had
been able To fasten the guilt ON any OF
the Nauyoo saints or even apostates.
they would gladly have done SO. at
that time and not left the startling dis
coverv % Utah sheet The pro-
coedlnes against the men accused fur
nish the strongest evidence OF their
guilt The trial took place at Carthage.
beginning on the i9th OF Nav isi5.
one Of the men indicted was a Baptist
preacher and colonel OF militia. lie
was not a Nauvoo man. Judge Rich
ard Young presided. and James u.
Ralston and Josiah Iamborn prosecut-
ed. The defenders were William A.
Richardson - N Browning. Cabin A.
Warrior. Archibald williams. .. G.
skinner, and Thomas Morrison The
panel Of the trial jury was MS follows:
Jesse Grihis. Joseph Jones. William
Robertson, William smith. Joseph Mas
scy. Siss Grifits. Jonathan Foy. Sol
ONION J Hiil. James Gittings r. NJ
Walton, Jaboz Beebe. and Gilmore
Callison The trial lasted until the S0th
OF MAY. u does not appear that the
defense claimed that the crime was
committed by Nauyoo conspirators.
And yet. what powerful plea that
would have beeni DURING the trial DIR,
Warren, Of counsel FOR the defense. ar
sued. II is said. in the course OF his
plea, that IL the prisoners were guilty
OF murder then he himself was guilty:
that q was the public opinion that the
Smith6 ought 20 he killed and public
opinion made the law; consequently II
was not murder 70 kill them. And
such miserable sophistry was enough
Tor the jury Governor Ford. COM
mcnting on the verdict. says. "The
Judge was compelled o. admit the
presence OF ARMED bands, Co browbeat
and oyerawe The administration of
Justice" "rhc Judge himself was in
durcss, and Informed me that he did
not consider his life secure any part
Of the time The consequence was that
the crowd had everything their own
way
In this connection it must be stated
that the jury itself was composed for
the occasion when the defendants APP
peared they began by hling their arh-
davit that the county commissioners |
who selected the array Of jurors for the |
week were preiudiced against them: |
that the sheriff and his deputies were
united by prejudice TO select the tales |
men that might be required. They |
therefore entered motion to quash |
the array OF Jurors. to set aside the |
sheriff and his deputies. and to appoint |
ellsors to select a jury for the case.
After argument, this was done. The
elisors presented nnety-six men, be-
fore u We're found ignorant enough and |
enough 20 act as jurors
Undoubtedly this jury very soon be- |
came aware of the fact that they were
by their friends. They may |
have been ignorant and Indifferent |
in the first place, as alleged If the |
judge was in duress, the Jurors doubt |
less became wen enough informed as 1
to the fate that would befal them il |
their findings failed TO please the mob. |
and were sufficiently interested to pro. |
vide against the perilous contingency.
What need Of such precautions regard |
ing both judge and jury. II the actual |
murderers had been Nauvoo men and |
not those under Indictment! One OF the |
witnesses. Miss Graham. had assisted |
in feeding the hungry mob at the War
saw house. as they came struggling in |
from Carthage.
As We have said before, the assertion |
that the actual murderers were Nau- /
VOC mon has not been proved stin less
that they were Church members. That |
apostates were largely responsible Is |
not disputed. They attacked the Proph- |
ct by spreading falsehoods about him |
and the Saints. Just as the Tribune is |
doing today. and by such means the
purposes Of the Evil one were accom-