New York Times vol. 8 no. 2374

              IMPORTANT FROM UTAH.
The Mormons Again Disaffected.
 Collision Between the Judicial Author-ities and the Mormons.
The Refusal of the Grand Jury to Per-form its duties—The Judge came upon the __--Action of the Govern-or—Outbreak among the People—General Turbulence and Popular Commotion. 
 From Our Own Correspondent.
 Provo City, UTAH TERRITORY,
  SUNDAY, March 27, 1839.
We have suddenly reached a most important crisis to the affairs of this Territory. The events con-nected with the present session of the United States District Court in this city, are fraught with the deep-est interest, as they have put an entirely new phase upon the aspect of the Mormon question. It is now settled that the Judiciary of the Territory are power-less without the assistance of the military, and that in confining themselves strictly within the bounds fur-nished by precedents. In the Judicial annals of our country, they become mere tools in the hands of an organized confederacy of villains.
 It is now to be determined whether the troops now in this Territory are to remain here at an expense of millions of dollars to the nation, merely to act as wooden men—scarecrows—or whether they are to as-sist in asserting and maintaining the supremacy of the law and of justice among us. 
In order that the public and yourself may be fully informed in regard to the condition of affairs, owes lsting here, we shall as briefly as possible give you a complete history of the present session of the United States District Court (Second Judicial District) in this city with the incidents connected therewith.
 We informed you, in a former communication, that soon after the adjournment of the United States Court in Great Salt Lake City, Judge CRADLE-BAUGH, of this District, had received important in-formation relative to crimes which were com-mitted in his District. We now learn that since then Judge CRADLEBAUGH has satisfied himself bey-ond a doubt that the massacre of a train of emi-grants on their way to California, numbering 140 souls, at the Mountain Meadows, in the Fall of 1837, was committed by leading Mormons, assisted by the Indians, and also that the murders of the two PAR-ISERS (father and son): and POTIER and FORBES, at Springville; of JONES and his mother, at Spanish Fork; of LANCE, at Lehi: and of others committed in his District, were also perpetrated at the instigation and command of the Church leaders.
 There being no jail, or any kind of a prison, or suit-able place of confinement in the District, and the Leg-islature having made no provision of law for keep-ing and sustaining prisoners, the Judge found him-self compelled, from necessity, to make a requi-sition upon General JOHNSTON for a sufficient detach-ment of the troops to guard such prisoners as were already or might be arrested. This requisition was promptly complied with, and Company F., of the Tenth Infantry, and a small detachment from the Seventh and Fifth Infantry, numbering altogether seventy men, under command of Captain HENRY BATH and First Lieutenant N. A. M. DIBLEY, of the Tenth, were placed at his disposal for this purpose.
 The United States Marshal rented a school-house in this city, which has on previous occasions been used as a Court-room, together with the adjoining vacant grounds, at the rate of $10 per day for the use of the Court.
On Tuesday morning, the 8th of March, the Court was organized, with a Mormon Clerk and a full Mor-mon Grand and Petit Juries, and on the same day Captain HATH arrived with his Company, and en-camped on the vacant lot adjoining the Court-hours, he having already in his custody some offenders, who had been committed to await their trial at this term of the Court.
 The Judge, upon the organization of his Court, de-livered a charge to the Grand Jury. Desirous that the Grand Jury should have no possible excuse for avoid-ing their responsibility in the cases which were to be brought before them, and also to ascertain fully whether it were possible to obtain justice from them, the Judge took the extraordinary precaution of call-ing most pointedly and decidedly their attention to crimes which have been committed almost within sight of the Court-house door.
 The Judge, before the Grand Jury were sworn, dis-charged one of those summoned on the panel, named WILBUR J. EARL, stating to him in open Court, as his reason, that he had an affidavit before him impli-cating him as one of the principal actors in the mur-der of PARRISH and POTTER.
 Immediately upon the arrival of the company of soldiers, the leading citizens of Provo commenced creating a stir among the populace in regard to their presence in the city.  The police force was doubled, as they asserted, to prevent the indignant citizens from attacking the soldiers.
 Shortly after arriving here, the Judge called in the Sheriff of the county, and inquired of him if there was any jail or place of confinement in which to keep prisoners. The Sheriff replied that they had "no jail here, but that he thought that the prisoners might secured in the cellar under the building in which the Court is held." The Judge then inquired if they would be safe there. He replied that "they might be kept there, if there was a sufficient guard put around them."
 On Thursday, the 10th inst., after two days’ delib-eration, the Grand Jury brought in two bills of indict-ment—one against two Indians named Moss and LOOKING GLASS, who were removed from the Third District to this one for trial, on a charge of assault, with intent to commit a rape, on a Danish Mormon girl; the second against a Mormon, for procuring and enticing soldiers to desert.
On the 12th inst., the following correspondence passed between the Mayor and Common Council of Provo and Judge CRADLEBAUGH.
 Provo, March 11, 1859.
 To the Hon. John Cradlebaugh, Associate Justice of the Supreme Court of the United States for Utah Territory, and ex officio Judge of the second Judicial District:
 Your memorialists, the Mayor and Council of Provo City, beg leave respectfully to represent that,
Whereas, The City Council have received petitions from the various wards of the city representing that a attachment of the United States troops for several days past have been encamped on the seminary lot, the officers occupying the west lower room of the seminary building without the consent of the Council or citizens of this city, and to the no small annoyance of the community tend-ing directly to intimidate those persons who have occa-sion to attend the District Court, now in session in the seminary; and, also, rendering it exceedingly difficult for the officers of the city to preserve she peace between the unruly portion of the citizens and soldiers, several unpleasant circumstances having already occurred, and their present location around the seminary savoring of a military interference with the municipal regulations of American citizens:
 Your memorialists respectfully pray you Honor to cause the immediate removal of the troops, now occupy-ing the seminary and vicinity, beyond the limits of the city. And your memorialists as in duty bound will ever pray.
 On behalf of the City Council.
 B.K. BULLOCK, Mayor.
 Judge CRADLEBAUGH replied:
 PROVO CITY, MARCH 12, 1859.
 To the Honorable the Mayor and City Council of Provo:
 Gentlemen—Your letter of the 11th inst. has just been received. In reply to it [ take occasion to say that the movement of a company of infantry to this city, and their temporary location here was well considered before it was determined upon. It was a matter of necessity. There were Court; neither the Territory nor the city afforded a jail or other place of confinement for them.  No manner of provision had been made for their support or sustenance, neither by the Territory nor your city.  To secure these prisoners and to maintain them are duties that I owe to my office and to them.
 I have adopted the only means left me of accomplish-ing these objects. The military company, kindly fur-nished by the commanding General, both secure and sup-port these prisoners. That this small force should be near the Court-house, or the building used as such, is not only a matter of convenience, but of necessity to the Court. This I will say, however, that so soon as I can dispense with their most useful services, I shall do so.
 You speak of their being here to the annoyance of the citizens of this city and intimidation of those persons having business with the District Court.
 When where, or in what manner these soldiers have snoved, or interfered with the citizens of Provo, I chal-lenge you to show. A more quiet, orderly set of men I never saw; they have deported themselves with a pro-priety and decorum truly remarkable.
 As to your remark about intimidation allow me to say that good American citizens have no cause to fear Amer-can troops.
 I am, gentlemen, your obedient servant,
 JOHN CRADLEBAUGH.”
 On the 15th the City Council sent a rejoiner to the Judge's letter, in which they asserted that they were ready and willing to “secure and safely protect any number of prisoners:
 That the lives and liberties of all persons accused are jeopardized by the examination of witnesses and ction of jurors, under the influence of a military intimidation and espionage.
 We have been under the necesity of doubling the police force and exerting ourselves to prevent indignant citizens from doing violence to the soldiers”
 They also asserted most falsely that the soldiers had been disorderly, and then continued in a long high-flown strain of indignation, of which the following passage is a fair specimen:
 “Your Honor says that 'good Am erican ci izens have no cause to fear American troops.’ The gallantry of our officers, the discipline and bravery of our soldiers, have rendered our armies a terror to the enemies of liberty throughout the world; but when, through prejudice, political intrigue, speculative selfishness, or other causes, these gallant a ms are placed in a position to in-timidate American ci izens, who should they not fear?

 Honored Sir, when our gallant army, or any portion thereof, is degraded by any cause whatever, from that high position which the Constitution and laws have given it, as the arm of national reference, to the low sta-tion of supplanting the civil power, it must most certainly be feared by every American citizen, not blind to the perpetuity of our national institutions  An a begin-ning a single corps highly honored for its discipline, the superior skill and scientific attainments of its officers is placed out of i s constitutional sphere to perform he du-ties of sheriff, marshal or jailor, the military power then supersedes the civil, in a limited degree to be sure, but military power seldom retrogrades and jurors are controlled by them; the Court follows in the wake—that bulwark of human liberty—an independent, high-minded judiciary, sustained by the people, is thus annihilated—the legislative and executive departments are soon overcome, and the sword of a Julius Caesar puts an end to the whole fabric of liberty."
 The Judge also received a petition, signed by the wit-nesses on the part of the prosecution, summoned here in the different cases, praying that the troops might be kept here for their protection.
 In the mean time, the time of the Court was taken up, during its sessions, with the naturalization of aliens, some eighty or one hundred of whom were admitted to citizenship.
 The Judge, on this subject, decided that no one who has borne arms against the United States during the five years next preceding his application could be ad mitted to citizenship, on the ground that he had not behaved as a man “attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same," and therefore allowed the examination of witnesses on that point.
 On the 14th inst., Gov. CUMMING arrived here from Great Salt Lake City, and a few days after he address-ed :a letter to Gen. JOHNSTON, in which (as we under-stand), after stating that a detachment of troops are encamped here against the repeated protests of the inhabitants, and that although he had been here seve-ral days, Capt. HETH had not reported officially to him, he requests the General promptly to order the removal of the command from the city. He also adds that he is satisfied that the presence of the military here is unnecessary, and that should he hereafter have reason to believe that they were necessary here, he would promptly take measures to secure their ser-vices to act as a posse comitatus.
 In reply, Gen. JOHNSTON probably told the Governor that he himself was commander of the army of Utah, and would send his troops where he thought best, and that it Capt. HETH had reported officially to him as Governor he would have been guilty of gross military impropriety, but we do not know definitely what the reply of the General was. We know only this, that the troops have not been removed, but that, on the contrary, more have been sent to their aid.
 Under the laws of the Territory the Grand Jurors are selected by the Clerk of the County Court, (the County Commissioners are here styled the County Court.) and on Wednesday, the 16th inst., the Grand Ju y still failing to report, although some ten witnesses had been examined, and the Judge being fully satisfied from the composition of the Jury that the Commis-sioners had designedly placed upon the panel the very persons engaged in the commission of these mur-ders with their relatives and friends, in order to pre-vent any bills from being reported, he commenced the examination of the witnesses in the Parrish case him-self, acting in his capacity as a committing magis-trate, and upon the evidence adduced issued warrants for the arrest of a number of persons implicated.
 On the day following, -- MCDONALD, who was Mayor at the time of the murder, and —- DALEY, a policeman, and KEARNS, the Marshal of Springville were arrested and put under guard.
 On the 18th, KIMBALL BULLOCK, the Mayor of this city was arrested, but the next day, upon further ex-amination, was released.
 In the meantime the demonstrations of the people against the soldiers became so positive that Capt. HETH fearing that an attempt would be made to res-cue the prisoners in his hands from him—sent to Gen. JOHNSTON for assistance—whereupon on the 19th inst., a force consisting of eight companies of Infantry (three from the Tenth and five from the Seventh,) with one section of artillery and one company of dragoons were sent under the command of Brevet-Major G. R. PAUL, of the Seventh, and en-camped on the Provo River, about 6 miles above the city. They have since moved and encamped within four miles of the city so as to be ready for any emer-gency. The soldiers are under the strictest disci pline and are not permitted to approach the city—so that they do not in any manner molest the citizens.
 Upon continuing the examination of the witnesses LORIN JOHNSON, another member of the Grand Jury, was implicated in the Parrish murder—as also AARON JOHNSON, the Bishop of Springville, and JOSSEPH C. SNOW, the President, of the Provo Stake. These men, however, all fled and escaped before the Marshal could arrest them, and it is said have gone into the mountains. The Bishops of Paronem and Cedar City, near the scene of the Mountain Meadow massacre, have also fled ; and, in fact, you can now scarcely find a leading Bishop, teacher or other prominent churchman in the south-ern settlements—they have all secreted themselves.
 On Monday, the 21st inst., the Grand Jury not hav-ing examined a single witness since the preceding Wednesday, and still refusing to make any report whatsoever, were discharged by the Judge, who made to them some very pointed remarks on the occasion.
 On the same day, the Mormon who had been in-dicted for enticing soldiers to desert, was tried and acquitted by the Petit Jury. The Judge then dischar-ged the Petit Jury.
 The ensuing morning, the prisoners who were held to answer before the Court, including the two Indians MORE and LOOKING GLASS, were dsscharged from the custody of the court, the Judge stating to them that they were not discharged because of any proof of their innocence, and that if they had really committed any offences the probabil-ity was that they would yet be punished for them, but that as there seemed to be an effort here to cover up all crimes and offences committed by the Mormons, this Court had determined not to be used by this com-munity for its protection against “Gentiles" and In-dians, until a disposition was manifested to punish its own high offenders. And that if the community could not be brought to a proper sense of duty in any other way. the Court would assume the responsibility of turning criminal loose to prey upon criminal,—for the Courts could not be used merely to punish one set of criminals and protect another in the commission of even more flagrant crimes. He moreover told the In-dians that they might remain with the soldiers, for protection, until they returned to camp.
 The Judge has since then adjourned the Court from day to day but has been daily engaged in the exami-nation of witnesses in the murder cases.
 The evidence adduced is astounding, and will form a dark, dark chapter in our history. We shall be en abled by the next mail to forward you the particulars of this evidence, and you will then perceive the im-portance of the decisive steps which Judge CRADLE-BAUGH has taken.
 Without the assistance of the military nothing could have been done. Every single witness who has testi fied has sought immediately the protection of the troops, and does not dare to leave it. They are in the greatest fear of the "destroying angels," for they have seen their work before. Two more arrests have been made of men who attempted to escape to Salt Lake City; when they reached there, however, their lives were threatened by some who feared that they might be induced to testify, and fearing that the threats would be carried into execution, they sought the pro-tection of Secretary HARTNETT. One of them, named DURFEE, is the man who led the PARRISHERS and POTTER out when they were killed ; he acknowledges his guilty participation in the crime, and is anxious to be-come State's evidence.
 There are several witnesses now under the protect-tion of the troops, who can identify the devils who led on the parties who massacred and butchered the California emigrants at the Mountain Meadows.
 In Salt Lake City the greatest excitement has pre-vailed in consequence of the movements here. The Mormons are all under arms and have spies out day and night. Expresses run from here there every few hours.
 The Governor returned to the city on the 23d inst, and on the night of the 25th a long memorial was presented to him, a copy of which I here with inclose to you. It is a tissue of falsehoods from beginning to end.
 The Deseret News issued an Extra on the night of the 25th, containing copies of the petitions sent to Judge CRADLEBAUGH and of the memorial to the Gov-ernor. This sheet is full of misrepresentations. One of the prominent faisehoods is the statement that the Grand Jury sent a remonstrance to the Judge upon their discharge. This is not so, the Judge has never received a single word or line from them.
The following are extracts from this document:
 "It has pleased Judge CRADLEBAUGH to set aside, in several ins ances, the civil authorities, and, without the least valid reason known to us, to employ federal troops to execute the orders of the Court, thereby clearly indicating on his part, so far as we can dis-cern, an utter disregard of the latest expressed views and policy of the Administration concerning Utah, and the views and policy of your Excellency and all good citi zens, and a settled purpose, for some cause to force an angry collision between the citizens and troops, which is well known is not so difficult to accomplish in the best ordered town or city in the Union, es-pecially when one class is caused to illegally sup-plant, taunt, and oppress the other.
 That the peaceful policy of the Administration and of your Excellency be not subverted by the vile schemes of such sutlers, spectators, camp-followers and gamb ers as plot evil and bloodshed for gain; that citizens be not imposed upon in any of their rights nor when subpersed and as witnesses, treacherously ar-rested by bench warrants and unfed and without bed-ding, guarded by troops. nor jurors to attend to their duties under the bristling of bayonets ; that the laws be respected and magnified ; that the citizens be not goaded until they cannot sustain their anger, and thus forego for a time the happy results of the labors and toils of so many patriots and philanthropists, and cause the riotous to exult with joy; and that your Excellency “take care that the laws be faithfully ex-ecuted," we, your memorialists citizens of the United States in the Territory of Utah, respectfully petition your Excellency to use all the influence and authority of your offical position as Governor of this Territory to remove all Government troops from in and around the Court now in session in the city of Provo and from in and around said city, and to prevent any troops being located in or infringingly near any of our thickly-settled villages, towns and cities, and to fairly and fully, at your earliest convenience, report to the proper de-partment in Washington City the official proceedings of Judge JOHN CRADLEBAUGH, in the Second Judicial District of this Territory, and for such wise, loyal, and just action by your Excellency, your memo-rialists and petitioners will ever pray.
 We know not what action the Governor will take upon the memorial which has been presented to him, requesting him to remove the troops. We merely know what his former actions have been to pursu-ance of his fictitious peace policy. He has already left the seat of the Executive Department of the Ter-ritory to come and endeavor to break up the session of the U. S Court, by depriving it from all protection or power. In this he has failed signally, and we look with interest for his next movement in support of the Mormon policy.
 A difficulty between some Mornons and a detach-ment of soldiers in Rush Valley, has added fuel to the prevailing excitement. It appears that the Mormons had squatted on the Military Reservation; these Mor-mons having refused to leave after due notice had been given to them, a squad of men were sent to drive them off. When they reached the place the soldiers were insulted by the Mormons there, and one of them, a young man named SPENCER, drew his re-volver and aimed it at the officer in command, when the sergeant of the squad immediately knocked him down with the butt of his rifle, slightly fracturing his skull. An army surgeon was immediately sent for, who dressed the wound, and the youth is now recov-ering.
"The weather still continues very stormy. We have had snow-storms, and very severe ones at that, on an average of two a week the whole month, and on the mountains it has snowed almost incessantly.
 The fol owing is a list of the companies and officers in the command under Major PAUL, now camped three miles from here:
 Co. H, 10th Infantry-Capt. A. Tracy.
 Co. A, 10th Infantry—1st Lieut. H. B. Kelly.
 Co. F, 7th Infantry—1st Lieut, John Forney.
 Co. E, 7th Infantry—Capt. H. Little.
 Co. B, 7th Infantry—1st Lieut. P.W.L. Plympton.
 Co. K, 7th Infantry—1st Lieut. A. H. Plummer.
 Co. H, 7th Infantry—1st Lieut. A. W. Evans.
 Co. I, 7th Infantry—2d Lieut. B. Stivers.
 Co. B, 4th Artillery—1st Lieut. S. H. Weed.
 Co. E, 2d Dragoons—1st Lieut. George N. Gordon commanding, with 2d Lieut. H. B. Livingston attached.
 Tee following officers are also serving with this force: 1st Lieutenant D. P. Hancock, 2d Lieutenant E. K. Potts of the 7th ; 2d Lieutenant J. L. Thomo-son and 2d Lieutenant Wm. Kearney, of the 10th; 2d Lieutenant Edward J. Brooks is the Adjutant and A. A. Q. M.. A. A. C. M. S.; Assistant Surgeon John Moore accompanies the troops; 2d Lieutenant Ryan of the 7th Infantry, has also been temporarily attached to Captain Heth’s command. A.B.C.
 ATTEMPTS OF THE AUTHORITIES TO ARREST CRIMI-NALS—THEY ARE THWARTED BY THE MOR-MONS—TERRIBLE MASACREE AT MOUNTAIN MEADOWS—PROCLAMATION OF THE GOVERNOR, WHO IS SERENADED BY THE MOR-MONS.
 PROVO CITY, UTAH TERRITORY,
Thursday, March 31, 1859.}
 The United States Marshal and his deputies have been thwarted in every manner in their attempts to serve the processes of the Court during the past week. They have experienced the greatest diffi-culty in finding any one for whom they were search-ing.
 In the villages, they can obtain nothing but evasive replies to their inquiries relative to the residence of any one, and but few of the inhabitants seem to know even who their next door neighbor is.
 On Monday morning, the 28th inst., Deputy-Marshal BROOKIE attempted to arrest GEO. HANCOCK, the Bishop of Payson, but after searching thoroughly his house retired unable to find him. HANCOCK was the princi-pal actor in the murder of JONES and his mother. We have now positive information that not only this Bish-op of Payson has fled, but also the Bishops of Cedar City and Parowan. JNO. D. LIE and H. HAIGHT, who were deeply implicated in the Mountain Meadow massacre, AARON JOHNSON, Bishop of Springville, who directed the murder of the PARRISHES, POTTER and FORBES ; BLACKBURN, Bishop of Provo, and Wm. SNOW, President of the Provo Stake, accessories to these and other crimes, and ---EVANS, Bishop of Lehi, concerned in the murder of JACOB LANE, have all made their escape to parts unknown.
 Four of the persons who sat on the Grand Jury lately discharged by Judge CRADLEBAUGH, have been deeply implicated by the evidence adduced before the Judge, and have fled: as also the father-in-law of another of the Grand Jurors. But few of the others have called for their pay. and are not to be seen. This forms a most striking illustration of the working of the law passed by the Legislature at its last session, and signed by Governor CUMMING, which prescribes that the juries for the United States District Courts shall be selected by the County Courts. In this case the County Commissioners, who constitute the Coun-ty Court, being all men of high standing in the Mor-mon Church, and appointed by BRIGHAM YOUNG, thought that they would prevent an investigation into the crimes committed under the direction of the Church, by taking the "bull by the horns," and placed upon the juries the very criminals themselves, togeth-er with their relatives, friends and accomplices At the time the Grand Jury were sworn in the Judge had to dismiss one of them, on the ground that he had an affidavit already filed before him implicating him in the Parrish murder.
 The prisoners now in custody cannot procure a single witness for the defense. Every person who knew the least thing concerning the crimes under in-vestigation have either fled under a consciousness of guilt, or have been compelled to leave by the church authorities. The following statement made under oath by one of the prisoners implicated in the Par-rish murder will fully illustrate by whom witnesses and others are "intimidated."
 DURFEE, his companion, who joined him in seeking the protection of Secretary HARTNETT, it will be found by the history of the PARRISH murder, which I here-with inclose, was one of the chief executioners of the Church, but he preferred to risk his neck in the halter, which the law now holds over him, than to the dreadful tortures and butcheries prescribed by the Mormon Church, which he himself had assisted in inflicting on others.
 GEORGE BARTHOLOMEW, after giving his testimony in regard to the murder of the PARRISHES, says:
 "It all passed off well enough until two weeks ago, the second time that Marshal DORSON came to summons me as a witness; then ANDREW NILES and SANDFORD FULLER came to me and told me I must go off into the mountains and join WILBER J. EARL and ABRAM DUFFEE, whom they told me were then up in Limekiln Canon. [EARL is also proven by the testimony to be one of the murderers;] I started out immediately that night from the house where I then was (MCBRIDE'S) followed by two of the men who were there, and went up the moun-tain towards the point indicated, fearing, however, that there might be a plan laid to put me out of the way. After I had got up the mountain about eighty rods, I slipped to one side into a little gully, and from thence got up among some rocks and hid until the men who were following had passed and lost me. I then turned and went in another direction about half a mile to Rock Canon, where I concealed my—self. This was on Friday night. I remained there until Sunday night with nothing to eat, and exposed to the storm which raged that day. Sunday night I returned to town, and, without going home, went to URIAH CURTIS' house. Here I again no-tified that I must go to where DURFEE and EARL were, or abide the consequences. This notice was given me by WM JOHNSON, the Marshal of Springville. OLIVER and HARLAN MCBRIDE were sent to go with me, and in the evening we went out and found DUR-FEE and EARL a little way up Hobble Creek, hid among the willows. We had scarcely got there when Wm. BIRD and URIAH CURTIS came to us on horseback with an express telling us we must start immediately for Salt Lake City. They would not tell us who the message was from, but said it was "counsel” that we should go to the city, and also charged us particu-larly that we should keep along the mountains and not allow ourselves to be seen by any living being, but must travel at night and remain hid in the daytime In obedience to this counsel we three started. and traveling along the mountains that night camped for the day early the next morning between Provo Cañon and Battle Creek. The next night we crossed over the mountains of the Traverse Range instead of going round through the Jordan Cañon, and the next morning camped near Dry Creek, in Salt Lake Valley. We remained here until about noon, when EARL seemed to get very uneasy and wished to travel on. DURFEE and I opposed it because we had been forbidden to travel by day, but as he persisted in going on we finally consented to go also. Then, instead of avoid ing the roads, as we had been "counselled" to keep out of sight of men, EARL took a straight course down the road leading to the town of Cottonwood. When he got within a half mile of this town he stop-ped and buckled his pistol round in front of him, and then wanted us to go up in the willows on the creek above the fort, and wait there until night. These cir-cumstances aroused our suspicions in regard to his intentions, and we believed that there was a plan laid to kill us there. We would not, therefore, go with him, but made him go on with us.
 When I got opposite the Fort, I stopped and asked them whether they intended to kill and bu cher me, as they had done others and told them that I believed that that was their intention. They both denied it positively. and EARL said I must be going crazy About a mile beyond Cottonwood Fort a man passed us riding at full speed on horseback ; he rode at full speed until he got out of sight. DURFEE and I verily believed that that man was one of a party concealed on the creek to kill us, and that EARL wanted to lead us to them."
 He then relates other circumstances occurring on the road, which continued so to excite their suspic-ions against EARL that, when they reached the city, they took the first opportunity to slip away, and ran to the "Gentile" store of Mess s. LIVINGSTON, KIN-KEAD & Co., and asked for protection. They were placed under the protection of Secretary HARTNETT until the Marshal arrived and took them in custody During the time which they remained as the Secre-tary's they were not confined at all, but they would not leave the room in which were placed—not even to go to meals.
 By recent advices from the Southern settlements we are informed that the towns in the vicinity of the scene of the terrible massacre at Mountain Meadows are almost depopulated. In Cedar City, a town of between 800 and 900 inhabitants, there are but twelve or thirteen families left. The men have all fled in consequence of the news which had reached them of the decisive action of the United States Court in this city.
 The Indians under the leadership of the Mormon Chief CA NOSH are collect ng in the neighborhood of the Mountain Meadows, and are already 1 000 strong. CA NOSH has been joined by two of the Southern tribes, and his force is increasing daily. He expresses his determination to resist to the death all attempts to arrest any one in that vicinity. We are also in-formed that there are several white men with him.
 On the morning of Tuesday, the 29 h day of March, Marshal DOTSON having received information which led him to suspect that certain offenders against whom he had warrants in his possession were still concealed in the town of Springville, secretly sum-moned a posse of five civilians, and having made a requisition upon Major PAUL for a company of dra-goons, left this place between 2 and 3 o'clock in the morning with this force.
 The company of dragoons were commanded by Lieutenants GORDON and LIVINGSTON, of the Second Dragoons, and accompanied by Lieutenant KEARNEY, of the Tenth infantry.
 Previous to the departure of the main body a small party was detached, who proceeded rapidly in ad-vance and stationed themselves at a point where they could intercept any messenger who might be sent to give notice of their approach. As the party, however, left most secretly and silently, in the midst of a heavy snow storm, no one seems to have no-ticed their departure.
 Upon reaching the town it was immediately sur-rounded. by details from the company of dragoons, who were so stationed that no one could possibly leave the city unperceived by them.
 Just at daybreak, the Marshal with his deputies en-tered the town, and commenced the search of all those houses in which it was suspected the offenders might be concealed.
 The house of Bishop JOHNSON was one of the first entered, but no one was found therein, except his ten wives. Four of these wives are sisters, and the Bishop’s own nieces, and he has besides these, two sisters out of one family, and also a mother and her daughter. This is polygamy with a vengeance. These wives received the Marshal with a very good grace, even joking with him in regard to the fruitlessness of his search.
 After an hour’s search, no trace of the persons sought for (some eleven in all) could be found. Not only those implicated had flown but also many others not before suspected. In fact nearly one half of the male inhabitants of Springville, where the PARRISHES were murdered, have run off and concealed them-selves, leaving their numerous wives and families at the mercy of the “d-—d Gentiles,” and of a "licen-tious soldiery."
 It being rumored that some of them were concealed up Hobble Creek canon, the Marshal proceeded up the canon some eight miles, but not finding any trace of them, and the snow becoming very deep so that it was difficulty that: the horses could proceed, they re-turned to this city from their unsuccessful search.
 On this same day (Tuesday) an express reached here from Governor CUMMING and distributed copies of the following so-styled Proclamation:
 By Alfred Cumming, Governor, Utah Territory
 A PROCLAMATION.
 Whereas, One company of the United States Infan-try, under the command of Captain HETH, is now sta-tioned around the Court-house at Provo, where the Hon. JOHN CRADLEBAUGH is now holding Court, and eight additional companies of infantry, one of artillery and one of cavalry, under command of Major PAUL, are stationed within sight of the Court house ; and,
 Whereas, The presence of soldiers has a tendency, not only to terrify the inhabitants and disturb the peace of the Territory but also to subvert the ends of justice, by causing the intimidation of witnesses and jurors; and,
 Whereas, This movement of troops has been made without consultation with me, and, as I believe, is in opposition to both the letter and spirit of my instruc-tions ; and,
 Whereas, General JOHNSTON, Commander of the Military Department of Utah, has refused my request that he would issue the necessary orders for the re-moval of the above-mentioned troops:
 Now, therefore, I, ALFRED CUMMING, Governor of the Territory of Utah, do hereby publish this my solemn protest against this present military movement, and also against all movements of troops, incompatible with the letter and spirit of the annexed extract from the instructions received by me from Government for my guidance while Governor of the Territory of Utah.
 In testimony whereof, I have hereunto set my hand, and caused the seal of the Territory to be affixed. Done at Great Salt Lake City this 27th day of March, A. D. 1859, and of the Independ-ence of the United States the eighty-third.
 ALFRED CUMMING.
By the Governor:
JOHN HARTNETT, Secretary of State.
 EXTRACT— “It is your duty to take care that the laws are faithfully executed, and to maintain the peace and good order of the Territory, and also to support by your power and authority the civil officers in the performance of their duties. If these officers when thus engaged are forcibly opposed, or have just reason to expect opposition, they have a right to call such portions of the posse comi-tatus to their aid as they may deem necessary. If cir-cumstances should lead you to believe that the ordinary force at the disposal of such officers will be insufficient to overcome any resistance that may be reasonably antici-pated, then you are authorized to call for such a number of troops as the occasion may require, who will act as a posse comitatus, and while thus employed they will be under the direction of the proper civil officer, and act in conformity with the instructions you may give as the Chief Executive Magistrate of the Territory."
 Gov. CUMMING has at last defined his position, un-mistakably and unequivocally. He has set himself up in opposition to the efforts of the Judiciary to fer-rit out and punish those who have been guilty of those heinous crimes which have made the term Mor-mon almost synonymous with that of a treacherous murderer, and now endeavors by a usurpation of power, to make the Judiciary subservient to the Ex-ecutive in order to carry out the policy so earnestly advocated by the Mormons before the Peace Com-missioners, viz: "let by-gones be by gones."
 The position now assumed by the Governor in re-gard to his authority over the United States troops is this: He concedes that the United States Judges and Marshal have the right to make a requisition for troops, but he contends that after they procured those troops, that he has the full control of them. It would be strange, if the Judges have the power to call for the assistance of troops, that when they have obtained that assistance, it should be by Executive dictation that it would become of benefit, or would be removed.
 Immediately upon the receipt of the Proclamation here it was publicly reported that the Governor had issued orders through Lieutenant General DANL. H. Wells for the militia to prepare themselves and be in readiness to march and drive the troops from Provo by force, if they were not removed by order of Gen. Johnston.
 In Salt Lake City the band of the Nauvoo Legion serenaded the Governor the night after he issued his Proclamation.
 The affidavit of GEORGE BARTHOLOMEW, already given, and the following affidavit made by those of the witnesses for the prosecution who are now in the City, will show fully by whom witnesses and Jurors are intimidated :
 Territory of Utah, Utah County, ss: We, Albert Par-rish, Biggins James O' Bannion, Leonard Phil-lips Orin Parrish and James Gammell do solemnly swear that we are, and have been, for several years part resi dents of the Territory of Utah that we were summoned to appear as witnesses before the United States District Court for the second Judicial District of said Territory, which convened at the city of Provo, on the 8th March 1860 that we possessed certain knowledge of various crimes which had been in the past two or three years committed in said district, on account of which said knowledge we had been so summoned; that on account of the participation in or sanc ion afterwards, of the said crimes, by the community to which said crimes were com-mitted emanating, as we believe, from the authorities of the Mormon Church; we considered our lives and property in imminent peril from the Mormon community should we appear and testify to the facts within our knowledge, un-less a portion of the United States troops should (as they have been) be stationed in the town of Provo, near enough the Court-room to guarantee safety and that from the Mormon community we have received breath of intimi dation in case we should divulge the facts consuming said crimes, which have come to our knowledge, and which threats we believe would have been carried into execution but for the timely ai afforded b the Com-manding General in the aiooing of troops now in and near the city; and, further, we believe our lives to be in danger hereafterward, without military protection from the United States troops and further deponent saith ot. (Signed)
 LEONARD PHILLIPS, HENRY HIGGINS,
 His ALBERT G. PARRISH,
 JAMES X BANION, His
mark. EVAN X PARRISH,
 JAMES GAMMELL, mark.
Subscribed and sworn to before me this 29th day of March, 18_9. CHAS E. ING AL
Associate Justice Supreme Court,
 Utah Territory.
 On Wednesday, the 30th ins., Judge CRADLEBAUGH, after the opening of his Court, made the following remarks in open Court in regard to the Governor’s Proclamation:
 "I have received a document from ALFRED CUM-MING Governor of this Territory, which in its reading purports to be a Proclamation, while in the body of the document it would seem to be a kind of protest. Instead of being addressed to the General command-ing the Department of Utah, it seems to be intended for the public at large. Taking the whole thing to-gether, it seems to be designed to exasperate the peo-ple of this Territory against the troops, to obstruct the course of public justice, and to excite insubordina-tion in the Army.
 In this document, Governor CUMMING speaks of a company of United States Infantry being stationed around the Court-house, in which I am now holding a term of the District Court, and also of several addi-tional companies of Infantry, one of Artillery, and one of Cavalry, being stationed in sight of the Court-house.
 He also says that the presence of these soldiers has a tendency, not only to terrify the inhabitants and disturb the peace of the Territory, but also sub-vert the ends of justice by causing the intimidation of witnesses and jurors. He says that this movement of troops has been made without consultation with him, and against the letter and spirit of his instruc-tions.
 In regard to his statement that troops are stationed "around the Court-house at Provo," I have only to say that the assertion is not true. They are stationed near the Court-house, and entirely on one side of it.
 The additional troops referred to as being "sta-tioned within sight of the Court-house,” are at least four miles distant. This assertion must have been designed to create a false impression as to the relative situation of the Court house and the troops.
 In regard to the inhabitants being terrified by the presence of troops, it is proper to say that many of them are very much annoyed by their being here at this time, but those who seem to be stricken with ter-ror have fled the country on account of crimes com-mitted by them, and the fear of just punishment for their offences. Among them are to be found several of the jurors, Presidents of "stakes," Bishops, and also civil officers of the Territory.
 It is, perhaps, proper to say that the Grand Jury was selected by the County Court, under a recent act of the Legislature of this Territory, which was signed and approved by Governor CUMMING, and that several notorious criminals were members of it.
 That none but those who are conscious of guilt are under the influence of fear, is manifested by the fact that at all times, when the Court is in session, the Court-room is crowded by hundreds of citizens.
 The assertion that witnesses and jurors are, or have been, intimidated by the small military detachments near the Court-house, is without foundation. While the real fact is that witnesses have been threatened and intimidated by the very inhabitants who are said to be so much terrified.
 To such an extent has this been carried, that wit-nesses who appear and testify in behalf of the prose-cution are compelled to seek safety under the protect-tion of the troops that are here, many of them having signed a petition requesting that the troops shall not be removed, and representing that their security and safety depended upon their presence.
 In regard to the statement that the troops are here without consultation with His Excellency, the Court has yet to learn that it is subservient to, and cannot act except under executive dictation.
 Time was requested by the counsel for the defence, in order to procure their witnesses.  They state, that the witnesses had been here, but had “stampeded.” The Marshal has been after these witnesses several times already, but they have fled and are not to be found.
 The Court expressed its entire willingness to ad-journ the Court from day to day, and give the defence every possible assistance in its power in procuring witnesses.
 Mr. WILSON, the Territorial Attorney, made a state-ment of a great number of cases, which have come to his knowledge, and requested to know of the Court whether it would proceeed with the investigation of them. The Judge replied that he would not examine any cases at this place, except those in which he had already issued warrants, but that he would devote his time at his place of residence, during the ensuing Summer, until the Chief-Justice arrives, who will supersede him in this District, to the investigation of all criminal matters within the District, and hoped to be able to probe them to the bottom.
 By an act ofthe Legislature, passed at its last session, Judge CRADLEBAUGH was transferred to the Carson Valley District, but he has the right to continue to act here, as a committing magistrate, until arrival of Judge ECKELS, who was transferred to this District.
 The Court will probably adjourn sine die next Sat-urday, but the Judge will continue his examinations.
 It is a fact worthy of notice that the families of those criminals now in custody seem to entertain no fear in regard to the fate of their relatives—as it is as-serted they have an assurance from the Governor that if they are found guilty, and sentenced under these circumstances, he will pardon them. It is even reported that the Governor's object in visiting this town lately was to prevent the possibility of the execu-tion of any of these villains, whom it is his inten-tion to pardon, he fearing at that time that they might be found guilty and summarily executed.
 The weather remains cold, stormy and Wintry. The Spring is unusually backward. A. B. C.
The Murder of the two Parrishes, Father and Son, and of Potter, at Springville, Utah Territory, March 14, 1857.
PROVO CITY, U.T., Thursday, March 31, 1859.
In the Spring of 1857, the Mormons became unusually severe upon all "Gentiles" and "Apostates," and it was the same Spring that all the United States Government officers remaining here were driven out of the Territory.
 In the Southern settlements, it appears from evi-dence now before the Court, that it was by no means an unusual thing for the Bishops and Elders to preach of "cutting off" all "Apostates” from the earth ; of killing or sacrificing them to prevent their falling from grace, and thus to save their souls in eternity.
 In the little town of Springville, the PARRISH family had apostatised and determined to go to California. They had, consequently, disposed of all of their available property and purchased a span of horses and a carriage and a complete traveling outfit. Their movements attracted the attention of the Bishop and Elders, and it was determined that the should not be allowed to leave. Two “Council” meetings were held in a private room a the house of AARON JOHNSON, the Bishop of Springville, at the first of which two men, DUFF POTTER and ABRAHAM DURFEE, were set apart for the purpose of watching the movements of the PARRISHES and finding out all that they could in regard to their plans. This was done and everything reported at the second council meeting, which was held one week before the murder. At this second meeting it was resolved to take away their traveling outfit, and of thus preventing them from going. A few nights after waids PARRISH was robbed of all his horses and his carriage. He f und one span of his horses the nex morning in the Bishop's stable, but when he claimed them the B shop told him pointedly that he could not have those horses to leave the Territory with.
 Mrs. PARRISH after her husband’s death, found the other two horses in the stable of the Mayor of Provo K. BULLOCK; these she obtained possession of.
 DUFFEE, af er having been set apart by the Council to watch the PARRISHES, succeeded in obtaining some employment from Mr. PARRISH. He and POTTER then persuaded PARRISH that they wished also to go to Cali-fornia, and would go with him. After his horses and carriage had been stolen, PARRISH determined to leave his family and start as soon as possible on foot, as he now became alarmed for his personal safety.
 DUFFEE and POTTER, agreed to go with him on foot. In the meantime offers were made to him to restore his property, upon condition that he would remain. He still expressed a determination to go, and was hereupon told that he would never see his horses again. Being led to suppose, from the threatening manner of the men who made these propositions to him, (ALEX, MCDONALD and WILBER J. EARL,) that they wished to kill him, he bared his breast to them there and told them that if they intended to do him any harm, to do it then and there. They replied that they were not ready to shed blood then. When he re-turned to his wife after the interview—which she overheard—he told her, at the same time writing it down "You will be a living witness when I am gone."
 It was now arranged that the whole party should start on Sunday, March 14, 1857, and that to avoid suspicion, they should leave town during the day, one at a time. The whole party were to unite, just af er dark at the corner of a fence of the road, about half a mile from the town.
 On Sunday morning, at 10 o’clock, POTTER and DUFFEE were at PARRISH’s house. PARRISH then ask-ed them if they were true to their trust. DUFFEE re-plied: “Yes, brother WILLIAM, I am as true as a bare but when it comes to the test, I don’t know how I shall do.” POTTER took a gun to pieces for PARRISH, so that he could carry it out concealed.
 PARRISH and DUFFEE left town together at about 2 o’clock in the afternoon.  DURFEE returned again about dusk and started out with the two boys, ORRIN and WM. HESSMAN PARRISH; he told M s. PARRISH that her husband was waiting for them a short distance outside of the Fort.  He then takes them outside of the city wall, and tells them to go and wait for him at its southwest corner; they go there and wait, and in a short time he rejoins them. He now asks the elder of the two, who was called by his middle name, BRASMAN, to go with him into a field to hunt for some things which he said were hid there, but they return in about ten minutes without having found anything. While they were gone the younger son the report of a gun in the di-rection of the point at which they were all to meet; and on DURFEE’s return, he asked him what it meant. DURFEE told him that there were Indians camped in that vicinity, and it was probably one of them who had fired.
 DURFEE and the two boys now started towards the corner of the fence, where they were all to meet after dark. As they approached the place, DURFEE called out, “DUFF! DUFF!” (POTTER’s name,) and stopped and looked towards the fence on the east side of the road.  They then proceeded on until within about twenty feet of the corner of the fence, when some one called out, “DURFEE!” three times.  Duffee an-swered, and immediately a gun or pistol was fired, and BEASMAN PARRISH, the eldest son who was the farthest from DUFFEE, fell mortally wounded.  Both of the sons were unarmed.  Several shots were then fired in rapid succession, the ball from one of which lodged in a cartridge box which ORRIN PARISH wore on his belt. DURFEE, in the mean time, drew up his gun, pointed it at ORRIN, and snapped a cap.
 ORRIN immediately started and ran across the fields and clambored over the city wall at a place w ere it was rather low. In doing so, however, he hurt him-self quite severely. He ran to his uncle's house and rushed by some 10 or 12 men who were standing in front of it before they could stop him.
 He told his ur c e that BRASMAN was shot, and want-ed him to go and see if he was killed. His uncle, however, was afraid to go himself, not sent another man in his pla e. This man was stopped at the gate and told if he went a step farther he would be a dead man.
 Tnat night a wagon is procured, and a company of men start with it from the school house and go after the bodies. POTTER and old man PARRISH are found lying close together, near the corner of the fence. POTTER was killed by three buck-shot, which entered the left breast; these were the on y wounds on his person. Old man PARRISH was covered with knife wounds, and was literally cut to pieces. His throat was cut on the left side, hjs bowels ripped open, and he had cuts on his back, arms, legs, in fact, all over his body. He had no bullet wounds on his person. Young PARRISH was lying about twenty yards off He was shot with four balls, which entered through his left arm and passed out at the centre of his back.
 The bodies were placed in the school-house, and the next day Mrs. PARRISH was allowed to see them. A sort of inquest was held by JOHN M. STEWARD, Jus-tice of the Peace, who was present at both the "council" meetings in which their fate had been de-cided.
 CARPE was there and was examined, but had bnt little to say. ORRIN PARRISH was called to testify, but his uncle had previously told him not to tell anything which he knew and so he said but little. The verdict was of course brought in, ‘Mur-dered by persons un-known.”
 In the evening of that day Mrs. PARRISH, hearing that ORRIN was at his uncle's, went ever to see him and found him in bed, weak from the effects of his hurt in jumping the wall. She attempted to speak to him, but was jerked away by WM. JOHNSON, who was stationed there to guard the boy. He told her she should not speak to him unless it was out loud. She then asked ORRIN where his father was? He said he did not know. Seeing a crowd about the school-house, she sent her third son to see what was the matter, and he found out that the body of his father and brother lay in there.
 The same Sunday on which the second "council” meeting was held, after church services in Provo City, Pe-sident JAMES C. SNOW, of the Provo stake, desired to know if there was any one there who would take a letter for him to Bishop JOHNNSON, of Springville, and deliver it into his hands. A man, with his horse all ready saddled and bridled, stepped and took it. As SNOW handed it to him, he remarked, "dead men tell no tales.,' That night, in the “Council,’ Bishop JOHNSON spoke of having re-ceived the letter, and made the same remark, “dead men tell no tales."
 Mr. PARRISH had in his pocket book, at the time he started, a $500 or Territorial Draft, but M s. PARRISH has never received a single thing which was found in his possession.
 The testimony has disclosed the names of all who were present at the councils, and who participated in the crime. They have, however, all fled the country.
 Six men implicated implicated in this dreadful mur-der are now under arrest, among whom are DURFEE and MCDONALD.