New York Times vol. 9 no. 2503

              IMPORTANT FROM UTAH. 
A Chapter from the Current History of a Territory of the United States—Ut-ter Defeat of Legal Courts and Crimi-nal Tribunals. 
From Our Own Correspondent. 
GREAT SALT LAKE CITY, U. T., 
Thursday, Sept. 1, 1859. 
The United States District Court for the Third Judicial District, the Hon. CHAS E. SINCLAIR presiding, met in this city on Monday, the 25th day of July last, in the office of the Sec-retary of State for the Territory. Up to this time the United States Marshal had attempted in vain to rent a suitable room for the use of the Court. He found it impossible to obtain any of the halls in the city for that purpose. A large tent, then used by a circus company, had, however, been offered to him, and this the Judge determined to make use of if no other place could be had. Finding the Judge determined to hold his Court, even if it had to be held in the open air, the Church authorities' upon the day the Court met, offered him, through, the Mormon territorial Marshal, the use of a large room inthe "Council House," which had former-ly been used as a Court-room. This offer the Judge accepted, and adjourned his Court to that Hall. 
On Thursday, July 28, the Court was duly or-ganized and a Grand Jury impanneled and sworn, whereupon motions were immediately filed by two of the Mormon attorneys on behalf of clients to quash the array of the Grand Jury upon the ground that they were not summoned according to the statute of the Territory, which provides that the Grand Jurors shall be selected by the Clerk of the County Court. These motions were overruled by the Court, and the statute thus declared by him to be invalid. The Grand Jury were then briefly, but emphatically and pointedly, charged by the Judge upon their duty. 
On Saturday, July 30, the Judge, upon the peti-tion of the United States District-Attorney, issued a writ of habeas corpus for DELOSS GIPSON, who had been indicted by a Grand Jury before the Pro-bate Court of this county, and tried and convicted by that Court for murder in the first degree, and who was then in jail awaiting sentence of death by the Probate Judge upon said conviction. 
Upon a hearing of the writ the Judge unhesi-tatingly enjoined the Probate Court from any fur-ther proceedings in the matter, and remanded the prisoner to await the action of the Grand Jury then in session. 
By this decision the pretensions of the Probate Courts to criminal jurisdiction concurrent with the District Courts were set aside and a precedent in the matter established. 
First upon the Court docket were all the civil cases which had been brought up before the Court at last Term, and which the Judge, as we have al-ready noticed, did not then try to hear. First among these civil cases was a suit which had been, brought by FRANKLIN E. MCNIELL against BRIG-HAM YOUNG and several others for false imprison-ment, in which the damages claimed were $50,000. MCNIELL was imprisoned here during the Winter of 1857-58, and kept during that time in chains, as a prisoner of war, for no other offence than that of being an American citizen, opposed in sentiment to the Mormon rebellion. It was for this illegal and unjust imprisonment that he now dared to "beard the lion in his den" and sue the leaders of the Mormon rebellion. 
On Tuesday night, the 2d day of August, the "gentile" community were shocked to hear that MCNIELL had been brutally assassinated by some unknown person at the door of his boarding-house on Maine-street, (the most public thoroughfare in the city,) at about 10 o'clock. 
It appears that MCNIELL having occasion to step out on the sidewalk for a minute, was there met by a man who advanced towards him, as he thought to shake his hand; instead of his hand, however, the man presented a pistol and shot him through the abdomen. He died from the effects of the wound the next day. Just before dying he made a declaration, in which he named one of the Danite band as his murderer. The man named has fled and has not since been seen in the coun-try. There were many persons standing near at the time he was shot, but so suddenly and daringly was the deed committed, that no one saw the mur-derer. Several of the Danites had been lurking around all that afternoon, and MCNIELL had twice during the day been warned that they sought his life. 
Thus by the murder of MCNIELL was this suit against BRIGHAM YOUNG ended. The action being brought for personal damages, abated with the plaintiff's death. 
On Wednesday the 3d inst., the Court pro-ceeded with the trial of THOS. COLBURN, a negro slave indicted for the murder of an-other slave named SHEP. HOOPER, in this city last Spring. A jury was duly impanneled and sworn to try the case. The witnesses being called, all were found present except a colored man named PERKINS, the main witness for the prosecution As he had, however, been seen a day or two pre-vious it was thought that he could readily be found at his residence, and the District Attorney concluded to examine the witnesses present, expect- ing that PERKINS would, in the meantime, make his appearance. After waiting for him until dark the Court was compelled to adjourn until morning to await the return of the attachment placed in the hands of the Marshal for his arrest. 
The jury who were impanneled had, by the pro-visions of the statutes of the Territory, to remain confined all night, in the custody of a specially-sworn bailiff. Although the statutes have pro-vided that juries shall be confined in all capital cases from the time that they are impanneled until they render their ver-dict, still no provision has been made to defray the expenses necessarily attendant upon such confinement, and the Marshal was compelled either to starve them or to furnish them meals upon his individual responsibility. He took the latter course. More than this he could not do, and the Jury had to spend the night shut up in the court-room, without bed or bedding, as best they might. 
During their confinement this Jury wrote an in-sulting letter to the Judge, complaining of their lot, and demanding a release. 
During that night the Marshal learned that PER-KINS had left the city and gone some twenty miles nto the country. He immediately dispatched a Deputy, with the attachment, who arrested the man and brought him into the city by 11 o'clock the next day. Upon his way to the Court-house, he requested permission to go into a house near by to wash his face before going to court. This re-quest was granted by the Marshal, and this is the last that has been seen of him. Instead of stop-ping to wash his face, he went through the house and made his escape. The Court, after waiting until late in the afternoon to give the Marshal time to arrest PERKINS, discharged the Jury and re-manded the prisoner to jail. 
From rumors since current it is evident that this negro, PERKINS, was run off by parties interested to defeat the ends of justice. 
As it is, if he is not retaken during this term of the Court, the trial will have to go on with-out his evidence, and the result will be the ac-quittal of the murderer. 
In the meantime, the Grand Jury having under consideration the case of MCKENSIE & BREWER, the two Mormons who were discovered in the act of forging and counterfeiting the drafts of the Deputy Quartermaster-General at Camp Floyd, (they were then in arrest at that place under the authority of Judge ECKLES, of the First District, to answer for the offence before the Court,) caused a subpoena to be issued for JOHN WALLACE, who, by acting as one of the accomplices in the forgery, kept Gen. JOHNSTON and Col. CROSSMAN, the Deputy Quartermaster-General daily informed of every step taken by the rascals, and nipped their designs in the bud. 
In answer to this subpoena Mr. WALLACE ad-dressed the following letter to Judge SINCLAIR : 
CAMP FLOYD, U. T., Monday, Aug. 1, 1859. 
To the Honorable Chas. E. Sinclair, Salt Lake City, U. T: 
SIR : I have been summoned to appear before the Grand Jury in your Court on the 2d inst. Circum-stances that have taken place in the course of the last month, have made a host of enemies for me in the city. * 
I have been informed and advised by my friends not to come to the city under any circumstances, for I would not be safe, and my wife has been told of my danger in case I did come. I am willing to obey and serve the laws of my country, but when I am satisfied I cannot do it only at the risk of being assassinated by some unknown person, I then feel a delicacy in doing it, and hope you will excuse my disobedience. If I have contempted the Court, I am willing to pay the penalty your Honor may adjudge, knowing that my services are not so much needed in your Court as they are in my family, in case they should put me out of the way, and believing firmly that I would be mo-lested by some one if I should come. 
If I knew my enemies I would fear nothing, but as I don't, and at the same time know they do exist, I feel very unsafe in making a trip to the city under the existing circumstances. 
With much respect, Sir, I am your honor's servant. 
(Signed) J. M. WALLACE." 
JUDGE SINCLAIR, upon the receipt of this let-ter, called the Grand Jury before him, and in open Court read it to them, commenting to them severely upon a condition of affairs in which a man was under the fear of his life, even in obey-ing the orders of a Court. He then told them he would have Mr. WALLACE brought into Court, in arrest, and thus place him in the care and custody of the Marshal, under the authority of the United States saying: "By that authority he will be pro-tected, and woe betide the man or set of men that dare to interfere with him." 
The Grand Jury, before presenting a bill of In-dictment against DELOSS GIPSON, who had been tried and convicted of murder, in the Probate Court, sent the following note to the Judge, not-withstanding he had by an order of Court, set aside all the proceedings had in the matter before that Court as null and void. 
JURY ROOM, Thursday, Aug. 4, 1859. 
The Grand Jury would respectfully represent, that the evidence before them goes to show that DELOSS GIPSON has once been put upon his trial for the offence charged in the accompanying indictment, before the Probate Court of this county, and found guilty. 
The Judge thereupon addressed the Grand Jury at length upon this subject, showing to them in pointed terms their duty in the matter and, reiter-ating to them that the "Probate Court has no criminal jurisdiction, and that convictions found there are just as illegal as if found before a Jus-tice of the Peace." 
The jury then found a bill of indictment against GIPSON, upon which he was arraigned, and a day set for his trial. The day before his trial, how-ever, he made his escape from the Sheriff of this County, in whose custody he was confined, and has not yet been recaptured. 
On Friday, the 4th inst., THEODORE THORP, in-dicted for a burglary committed in Davis County, was arraigned and plead guilty. He was there-upon sentenced by the Court to ten years' impris-onment in the Penitentiary. 
On his way to the Penitentiary THORP told the Deputy-Marshal and Mr. HARTNETT, the Secretary of State for this Territory, that he was arrested by the Sheriff of Davis County, upon suspicion, and that after the preliminary examination before a Justice of the Peace, he was taken by the Sheriff and others and repeatedly hung up by the neck until animation was suspended, and was thus forced to confess his guilt and tell where the money was hidden. The statements of the pris-oner alone, in regard to such an occurrence, we should have received with caution, were not the marks and bruises of the rope distinctly and plainly visible on his neck. 
n Wednesday, the 10th ult., the civil docket ng called, the first case brought up for trial was ne which had lain over from the last Term against BILL HICKMAN, the notorious Danite leader, on a note of hand for some $480, drawn about five years ago, and remaining unpaid. The plaintiff, whose name was CHARLES M. DROWN, has lived during the greater portion of that time in Califor-nia, and had not had the opportunity until now of enforcing the payment of the note. This suit at the time created no special interest beyond the fact of the temerity displayed by the plaintiff in daring to sue BILL HICKMAN. 
By consent of parties, the right to a jury was waived, and the case submitted to the Judge. Upon hearing the evidence in the case and the ar-gument of counsel on both sides, the Judge un-hesitatingly rendered judgment against HICKMAN, and in favor of DROWN. Subsequent events, which I shall presently refer to, rendered this an important case. 
After the judgment in this case was rendered, an effort was made by HICKMAN'S counsel to obtain a new trial, which was overruled by the Court. 
In the meantime, the Grand Jury had found an indictment against RALPH PIKE, a Sergeant in Company I, of the Tenth Infantry, U. S. Army, for an assault with intent to kill, committed upon one HOWARD SPENCER at the Military Reserve, in Rush Valley, last Spring. 
On Thursday, Aug. 11, Sergeant PIKE was in the Court room all the morning, in the custody of the Marshal, awaiting his trial. At about 12 o'clock he was sent by the Marshal to the Salt Lake House, under guard, to procure his dinner. Just as he reached the porch of the Hotel, a man who was recognized as HOWARD SPENCER stepped up to him from behind, saying, "Are you the man who struck me in Rush Valley?"—and at the same time drawing his pistol, he fired at PIKE, the ball entering at the right side, near the twelfth rib, inflicting a mortal wound. After shooting PIKE, SPENCER ran unmolested across Main-street, in the very heart of the business part of the city' through a large crowd of persons, and, reaching a cross street, jumped on his horse, which was standing there ready for him, and rode off. 
There were at least one hundred persons pres-ent who saw this daring murder committed, and yet only the comrades of PIKE, who had come up with him as witnesses, and a few Gentiles, who stood near at the time, made any pursuit of the murderer. One of the soldiers had his pistol drawn upon SPENCER in the chase, and would have shot him, had not his arm been caught by one of the policemen of the city. 
PIKE lingered in dreadful agony until Monday morning, when he died. He was known in the army as the best soldier in the Tenth Regiment, and was esteemed as a gentleman by every one. His funeral at Camp Floyd was attended by nearly 2,000 persons. 
On Thursday, the 18th inst., ALEX. WILSON, Esq., the United States District-Attorney, entered a nolle prosequi on the indictment for treason found against BRIGHAM YOUNG and the other leaders o the Mormon rebellion, in Chief Justice ECKLES Court, held at Fort Bridger, in Green River County in the Winter of 1857-58. 
On Friday the Court adjourned until the 12th of September next, to give the attornies an opportunity to attend the session of the First District Court, which met at Nephi, in Juab County, on Monday. 
Immediately after Court adjourned on Friday the Marshal was directed by Mr. DROWN'S counsel to stay the execution issued in his favor against BILL HICKMAN one week, as HICKMAN had in-formed him he intended to settle the matter so that it would not be necessary to serve the exe-cution. 
On Saturday, the 20th inst., DROWN, who lives some 16 miles south of this city, came to town on business, accompanied by JOSIAH ARNOLD, his neighbor, and the principal witness in his suit against HICKMAN. That afternoon HICKMAN was riding about town, accompanied by some eight or 
*In consequence of his action in regard to this forge-ry in which the Church leaders have been deeply im-plicated. 
nine of his gang of Danites, and several persons then remarked that there was mischief brewing. 
At about 10 o'clock that night the city was startled by the rapid firing of pistol shots on Main-street. Some thirty shots were fired within two minutes. Upon inquiry, we learned that at that time HICKMAN and his gang rode up to the house of Mr. EDDY, on Main-street, in the most thickly settled part of the city, where DROWN and ARNOLD were stopping for the night, and called for DROWN to come out. DROWN refused to do so; whereupon the party broke down both the front and back doors of the house and commenced firing in upon DROWN and ARNOLD, shooting the former fatally through the abdomen, so that he died early the next morning, and the latter through the fleshy part of the thigh. ARNOLD, in the en-counter, retained his self-possession sufficiently to fire his revolver at the assailants five times, and one of them was heard to exclaim, "I am shot!" 
After committing this bold and dreadful murder, the party mounted their horses and rode around town unmolested. 
At about 3 o'clock that same night, Mr. SPENCER and his family, living one block from the house in which DROWN was murdered, were woke up by an unusual noise in front of the house. Looking out of the window, they saw two men clenched in a struggle. Presently one of them fell, groaning as if dying, and the other one ran off. The wounded man, with a desperate effort, got up and staggered across the pavement into the street, where he again fell, and, as Mr. SPENCER is positive, died. Mr. S. was afraid to go out and assist the wounded man, or to see who it was, but determined to watch the body until morning. Just before daybreak, however, three men came and carried off the body. 
In the morning the Marshal, being apprised of the fact, visited the place and found a large pool of blood, and a hat lying near the spot. 
It is a matter of conjecture who this man was; whether it was some new victim who was killed with a knife, or whether it was one of the assail-ing party who was fatally wounded by a shot from ARNOLD'S pistol, and was endeavoring to get off undiscovered. 
Thus during the past short session of the Court three men have become victims to their efforts to obtain justice before it. By the murder of one of these a suit brought against the Church leaders was most easily disposed of. By the murder of another and the wounding of his companion, a timely lesson was given to the people of the Terri-tory, that it was death to dare to make use of a United States Court in obtaining redress for the wrongs committed upon them by the "destroying angels" of the Church. 
In its past session it has been able to do noth-ing except to pass sentence upon a man who was compelled by torture to confess his participation in a burglary committed upon a good Mormon, and in civil cases to render judgment where judgment was confessed. In those cases in which a jury was called, the jury had either to be discharged in consequence of the abduction of witnesses, or else their verdict had to be set aside by the Court and a new trial granted. All possible means were made use of to exhaust the time and patience of the Court, and, by creating vexation and delay, to subvert the ends of justice. 
The Federal Judges having recently made com-plaints to the proper Department in regard to the official conduct of Mr. WILSON, the United States District Attorney for this Territory, he will leave here for Washington about the 15th inst., in com-pany with Mr. HOOPER, the newly-elected Mormon delegate for Congress, in order to justify himself before the Administration. In his absence he has deputized HOSEA STOUT, a most bitter Mormon, and the attorney of the Mormon Church and of the Danite organization, to act in his place. 
The Hon. CHAS. E. SINCLAIR, Judge of this Dis-trict, by request of his associates, will also leave this city during this month for Washington, via California, to represent properly the condition of the Federal Judiciary here, and to suggest mea-sures for its proper relief, at the hands of the Ad-ministration and Congress. 
The following letter of resignation of P. K. DOT-SON, Esq., late U. S. Marshal for the Territory, sent to the President on the 1st of August, several days before the session of the District Court, shows clearly the feeling existing among those best ac-quainted with the affairs of the Territory in regard to the efficiency of the present system of govern-ment in the Territory: 
GREAT SALT LAKE CITY, 
Utah Territory, Aug. 1, 1859. }
To His Excellency James Buchanan, President of the United States : 
SIR : I hereby tender to your Excellency my resig-nation as United States Marshal for the Territory of Utah, to take effect from the 20th inst. 
In tendering this my resignation, I deem it my duty to warn you, so far as my humble voice will avail, that the present policy of the Government towards this Territory will be fatal to Federal supremacy in Utah, and can only tend to build up, consolidate and perpetuate the political and ecclesiastical power of BRIGHAM YOUNG and his successors. 
The unasked and to this day derided pardon ex-tended to Treason, has only tended to encourage traitors, and the presence of Federal troops, crippled and humiliated by the instructions and restraints im-posed on them, serves only the purpose of enriching the coffers of the Mormon Church and of subserving the ends of Mormon polity. 
The Courts of the United States in the Territory, powerless to do good, in dreadful mockery of justice, are compelled to lend the power and majesty of the law to subserve the evil designs of the very criminals whom they seek to punish. Impotent to protect inno-cence, they encourage crime. 
The Federal officers of the Territory, opposed and annoyed continually by those whose cordial support and cooperation could alone enable them effectively to sustain the dignity of the positions which they oc-cupy, are as forms without substance, shadows with-out reality. 
Though willing to serve the Administration from which I received my appointment, I cannot remain an officer of the Government without the power to maintain its dignity. 
It becomes me, in this connection, to represent to your Excellency the entire inadequacy of the com-pensation of the United States Marshal in the Terri-tory of Utah. The salary attached to this office is only $200 a year, and the fees in connection with the same have scarcely amounted to $800 per annum. 
The duties of the Marshal are very onerous and fatiguing, and, if strictly attended to, preclude al-most entirely his engaging in any other business. 
In this expensive country an unsettled salary of $1,000 per annum will pay but a small share of the expenses of a family. 
The Territorial Legislature have refused to appro-priate the necessary funds to pay the Marshal's fees whilst engaged upon Territorial business; he is, therefore, obliged to perform the service gratuitously, or to place an effectual check upon the proceedings of the Court—an end which the legislators hoped by this means to accomplish. The emoluments of the office are thus entirely disproportioned to the labors it imposes. I am, Sir, very respectfully, 
Your obedient servant, 
P. K. DOTSON, 
U. S. Marshal for Utah Territory." 
MORE OUTRAGES IN UTAH. 
GREAT SALT LAKE CITY, Friday, Sept. 2, 1859. 
The shedding of blood seems greatly on the in-crease in Zion. Since my last five persons have been shot within the walls of the New Jerusalem, a sixth been stabbed, and yet the authors of these crimes walk and ride through the streets by day and night undisturbed in their liberty and license for crime. 
On Saturday night last a band of horsemen several times rode through the main street, and over the sidewalks, upon porches, and into drinking-houses, seemingly on a heavy blow-out. When riding down the street, about a block from the very centre of busi-ness and commotion, they commenced firing their batteries,—for you must know all such carry one or two "side-pieces" at least, and at all times. After discharging about thirty shots they wheeled and rode around several blocks and returned to the saloon drank several times and dispersed, when up came the report of two men badly shot by the party ; as at the time of the firing they had surrounded and at-tacked a house, in which were some inimical parties, and shot one DROWN mortally, one ARNOLD badly, but not fatally, and having one of their own party wound-ed by return fire, they were obliged to leave off to attend him, else be detected outright, which would not do by any means; but so long as they can throw the lightest possible shade of concealment over their murderous deeds, no ac-tion is taken by the officials here to bring them to jus-tice. The same evening a man was stabbed. A lady saw it from her window, but before assistance could be rendered the victim was removed, and thus he re-mains unknown. On the following (Sunday) night two other men were shot, neither mortally—yet by as-assins. So things run riot throughout the Territory, and no action is taken to arrest them. Governor CUMMING is a mere cypher. He has never offered one cent reward for the capture of criminals; nor has he taken any visible steps to check the crime so rampant in our midst. None are safe. Parties are getting to-gether and lodging about their places of business for safety. Another United States Court has been ren-dered a farce, and so it continues. The Army is a protection to the rascality of this people, and so they go on snapping their fingers and their pistols in Uncle Sam's face, regardless of any offence the old gentle-man may take. Secretary HARTNETT and Judge SIN-CLAIR have both been threatened, and are marked for sacrifice at the first opportunity. 
The Court at Nephi has proven of little avail. Par-ties fled, juries would not work, and nothing in crim-inal docket was effected save the conviction of Mc-KENZIE, the forger, who was sentenced to two years in the Penitentiary and to pay a small fine. Already petitions are afloat for his pardon. Rather precocious. He was left to his fate by his Mormon counsel, either for effect or for the want of funds. He arrived last night in charge of Deputy United States Marshal BIGLER, and will to-day be conducted to his quarters. 
Large trains of Mormon emigrants have arrived, and others are near at hand. The Church train of merchandise, numbering about one hundred wagons, also, arrived yesterday. The hand-cart train is ex-pected in to-morrow. 
The new paper, under name of the Mountaineer, made its appearance on last Saturday—made few promises for its future behavior—was quite forward for a nurseling—and from the cheers its birth received from the Danite band, we doubt its loyalty. Hereafter we are to have weekly mails, which is greatly rejoiced at. Colorado excitement failing. A. B.