New York Times vol. 8 no. 2274

              LATER FROM UTAH.
Session of the U.S. District Court. 
Trials for Treason—Charge of the Judge- Ef-fect of the President's Pardon—Miscella-neous Intelligence. 
From Our Own Correspondent. 
GREAT SALT LAKE CITY, Utah, Sunday NOV. 27,1858. 
The U.S. District Court met here on Monday last. The charge of Judge SINOLAIR began by direct-ing the attention of the Grand Jury to the crime of treason. He cited the President's Proclamation of the 6th of April last, and quoted the passage granting a pardon to those in Utah who might have been guilty of treason, upon certain conditions precedent, and proceeded to show that a judge could take no cog-nizance whatever of such a pardon. He then directed the Grand Jury to inquire whether any persons in the Territory had been guilty of violating the postal laws, or the criminal laws of the United States, and also whether polygamy was practised or sustained under the laws of the Territorial Legislature. All these matters were proper subjects for the action of the Grand Jury, and he directed them to do their duty faithfully and fearlesly and with sole reference to the obligation of their oaths.
The following list of the names of the Grand Jurors will exhibit fully the composition of the Grand Jury : 
ELEAZER MILLER, Foreman, Polygamist. 
A. B. Miller, Gentile, merchant. 
Stephen B. Rose, Mormon. 
Ormus E. Bates, Mormon, Polygamist. 
John B. Kimball, Mormon. 
B. F. Pernbleton, Mormon, Polygamist. 
George Stringham, Mormon. 
Abel Gilbert, Gentile, merchant. 
Ezekiel Lee, Mormon. 
Stephen Luce, Mormon. 
Harrison Levere, Mormon. 
H. Cabot, Gentile, merchant. 
G. A. Neal, Mormon. 
C. S. Craig, Gentile, Indian Agent. 
A. H. Raleigh, Mormon, Polygamist. 
J. S. Kintsing, Gentile. 
John Kay, Mormon. 
J. C. Campbell, Gentile. 
Elias Perry, Gentile, merchant. 
John Kerr. Gentile. 
John M. Wallace, Gentile. 
D. W. Bayliss, Gentile, watchmaker. 
D. H. Beck, Gentile, saddler. 
It will be perceived that the Mormons have a ma-jority of one in the Grand Jury. This will be suffi- cient to defeat the ends of justice ; that is to say, BRIGHAM YOUNG has a majority in the United States Grand Jury, whose duty it will be to consider the questions of Mormon treason and Mormon polygamy. 
Judge SINCLAIR'S charge has had no outward effect upon this people, but every day makes it more ap-parent that it has created a, very strong under-cur-rent of bitter feeling against the Gentiles, which the leaders are using every effort to fan into a flame. You need not be surprised to hear of an outbreak be-fore long. 
The Court is now occupied in hearing argument upon an important question, and one which has been the principal cause of former difficulties in the Unite States Courts of this Territory, viz.: The right of the Marshal and Prosecuting-Attorney appointed by the Territory to lake the place of the United States Mar-shal and the United States Prosecuting-Attorney when the Court is deciding questions arising under the statutes of the Territory. By a law of the United States the Territory has to pay the expenses of the United States Courts when they are engaged in the trial of causes arising under the Territorial laws, and the Mormons contend, therefore, that their officers should execute the process of the Court and prosecute the offenders arraigned before it. The Judge has not yet rendered his decision upon this point. 
Last Saturday, three unsuccessful attempts were made by Marshal DOTSON and his deputies, to serve a subpoena upon BRIGHAM YOUNG, requiring his attend-ance before the Court as a witness. The first time the Marshal went to the house, he was told that BRIGHAM was not at home, but the second and third times the gates in the high stone wall which surrounds BRIG-HAM'S house were shut in his face, and he was posi-tively denied admittance, although he stated his busi-ness and demanded admittance in the name of the United States. It will now be necessary for the Court to issue an attachment requiring the Marshal to take him and compel his attendance before the Court, and if he still refuse's to allow the Marshal to approach him, it will become necessary to call upon the army for assistance. 
Last Monday evening, between 10 and 11 o'clock, a most violent and uncalled for assault was committed by a number of the Mormon policemen of this city, upon a party of unarmed and unoffending "Chris-tians." It appears that a small party of young gen-tlemen, among whom were Assistant-Surgeon COVEY and Lieut. SAUNBEES of the Dragoons, U.S. Army, were spending the evening with Mr. KINKEAD in the store of Messrs. LIVINGSTON, KIN-KEAD & Co., (Gentile merchants.) Lieut. SAUNDERS had just recovered from along and severe attack of ty-phoid fever, contracted on his recent trip to the Hum-boldt River, and had been out of his room for but two days previous to this evening. Dr. COVEY was attending him as his physician. 
At about 10 o'clock, as Lieut. S. was about leaving the store, he found, two policemen armed with shot guns peeping in at a side window of the store, and several others walking up and down in front of the store. Addressing himself to those who were looking in at the window he asked them, what they wanted, and why they were thus spying about; they answered that they were acting under orders ; he therefore told them that they had no right to be there, and requested them to move off; they thereupon made a most vio-lent and uncalled-for reply, making the most insulting allusion to the army and its officers. Lieut. L. there-upon advanced towards them, although unarmed, but he had scarcely taken a step when the policemen rushed upon him, knocked him down and beat him senseless with their clubs, at the same time blowing a whistle, at which signal some thirty more came up from a guard-house near by. By this time the gentle-men in the store hearing the noise outside, came out to see what was the difficulty, but the moment they were outside of the door the policemen pointed their guns at them, and told them, that the first man who advanced would be a dead man. Notwithstanding this threat, Dr. COVEY, seeing the condition in which Lieut. L. was lying, and believing him to be murdered, picked up a stone,—for he was entirely unarmed,—and attempted to make his way through the police-men, to his wounded comrade, whereupon he was shot at four times ; one of the falls struck him on the left arm and passing entirely through the muscle of the and above the elbow, followed along the shoulder-blade and lodged on the breast bone ; another of the bullets struck him on the knee, just grazing the flesh. At the same time, Mr. MENDENHALL, a clerk, and Mr. KINKEAD, were also knocked down for attempting to reach Lieut. L. The former received a severe blow on the head and was carried senseless to the guard-house, from which he returned as soon as he recov-ered his senses, and the latter escaped with a wound upon his leg. 
Lieutenant SAUNDERS, who was very weak from the effect of his recent illness, was placed in a most criti-cal condition by the injuries received, his skull having been slightly fractured ; he is now, however, recover-ing rapidly. The wounds received by Dr. COVEY, al-though flesh wounds, will require some time to heal. 
The gentlemen (Americans) thus most brutally and unwarrantably assailed were entirely unarmed, whilst the policemen were armed not only with clubs and pistols, but with shot-guns and rifles. 
About a half hour after this occurrence, as Secre-tary HARTWELL and KIRK ANDERSON, editor of the Valley Tan, were leaving the same store, they met a party of policemen, who, upon their approach, spread themselves out in a line across the street and cocked their guns ; as they advanced nearer, one of the guns was fired, the bullets whistling by close to them. United States Marshal DOTSON and two other gentle-men who were with him, a short distance behind the Secretary, coming up, the policemen were accosted, and upon being questioned as to what they meant by their conduct, replied that the gun had been shot ac-cidentally, but that they were acting under orders and were always ready. 
These events have created the most intense excite-ment among the "Gentiles" in this city, for they now consider themselves at the mercy of this armed police force of 400 men. By various other miner incidents which have transpired, it does seem that the Mormons are determined to make the "Gentiles" to take some bold step in self-defence, and strange as it would ap-pear, and unreasonable as it may seem, the Mormons are undoubtedly endeavoring to arouse prejudice and excite difficulties between themselves and the "Gen-tiles." We will not be surprised if it shall become necessary to have a portion of the army stationed in this city ere long, to prevent bloodshed. 
SATURDAY, Dec. 4, 1858. 
The proceedings in the United States District Court for this, the Third Judicial District, have been unusu-ally interesting during the past week. 
On Tuesday the motion made by D. H, BURR, Esq,, late Surveyor-General of this Territory, to have JAS. FERGUSON, HOSEA STOUT and J. C. LITTLE expelled from the bar of this Court on the following charges was taken up : 
1. For preferring false, slanderous and infamous charges against DAVID H, BURR, a member of the Bar in this Court, at the February Term, 1857, when they knew them to be false, thus imposing upon the Court and showing that their asseverations as members of the Bar cannot be relied upon. 
2. For threatening and intimidating a Judge of this Court, the Hon. GEORGE P. STILES, interrupting him in the discharge of his official, duties, and coercing him to adjourn the Court at the February Term, 1857, to the great detriment of the public business and hind-rance of justice. 
The motion was withdrawn so far as related to HOSBA STOUT and J.C. Little, but was continued with regard to JAMES FERGUSON.
The witnesses being called, the Marshal returned that he had been unable to serve the subpoena upon BRIGHAM YOUNG, one of the witnesses summoned. It appears that when the Marshal went to serve the sum-mons upon BRIGHAM that the gates in the stone wall which surrounds his house were closed, and the Mar-shal thus prevented from entering: this was repeated three times. Judge SINCLAIR thereupon ordered an alias summons to be issued for brother BRIGHAM. In the afternoon, however, the Judge received a note from BRIGHAM stating that he would obey the process of the Court, and afterwards, when the Marshal served the writ upon him, he told him that he was not aware that he had been prevented from serving the writ upon him before, and that he had been shut out without his orders. On Wednesday, the case was again brought before the Court, when Mr. FERGUSON tendered his resignation as an attorney-at-law. This the Judge would not accept, informing him that once an Attorney, he was always an Attorney, unless ex-pelled from the Bar for misconduct. 
Mr. FERGUSON then offered to plead guilty to the first charge, and to take a judgment pro confesse, and be disbarred upon that charge alone. The Judge replied that, if he plead guilty to the entire charges made against him, he would disbar him with all due solemnity; but that if he did not, those grave charges must be investigated. 
Mr. FERGUSON then moved for a continuance until yesterday morning, the 3d inst., which was granted by the Court.
We doubt very much whether any Judge in this Territory was ever honored by so distinguished an assemblage as was present at the meeting of the Court, yesterday morning. 
The Court was crowded to its utmost capacity the bar, by the side of Mr. FERGUSON, was seated the live prophet himself, BRIGHAM YOUNG, President of the Church of Jesus Christ of Latter-Day Saints, and Trustee in Trust of the Perpetual Emigration Fund, He was dressed plainly in a neat suit of black, and during the sitting of the Court sat with his hat off, but with a silk handkerchief tied about his head. 
During the greater portion of the time he rested his head upon his hand, and his countenance wore a care-worn, melancholy expression. Old residents say that he is very much broken down, and looks to be in ill-health. 
This was his first appearance in public since the en-trance of the Army into the valley. Back of BRIGHAM stood one of his sons, leaning against a pillar of the wall; next to this son sat HEBER KIMBALL ; and on the same bench were also seated "Lieutenant-General" DANIEL H. WELLS and GEO. A. SMITH, the "General Church Recorder and Historian," accompanied by the twelve Apostles and all the dignitaries of the Church. HEBER KIMBALL looked hale and hearty. He has a low, cunning expression, accompanied by a charac-teristic look of sensuality and grossness. He also wore a silk handkerchief tied about his head. Con-spicuous in this group we also noticed JOHN TAYLOR, the great Mormon editor and author. He is by far the most intellectual- looking person of the group, al-though we find in his writings very little of that judg-ment and intellect which we might be led to expect from his appearance. Immediately in front of the Judge sat Governor CUMMING and Judge CRADLEBAUSH, and ranged round in the bar opposite BRIGHAM were the "Gentile" Attorneys. Among the crowd which filled the Hall in the rear we noticed several persons notorious as members of the "Danite Band," and also several of the "Starred" Police of the city. 
In striking contrast with the assembly in the room, sat the "baby" Judge, (as he is called by BBIGHAM,) the Hon. CHAS. C. SINCLAIR, but 28 years of age, who, with his clerk, D. A. BURR, Esq., as yet a beardless youth, present, undoubtedly, the most youthful-looking Court in the United States. Still, his calm, dignified demeanor, the perfect order and decorum which he maintains in his Court, and the intellect and thorough knowledge of the law which he has thus far displayed in the sittings of his Court, have already earned for the Judge a fine reputation and character in this Ter-ritory, and have, beyond doubt, secured the respect and esteem of all classes. 
This interesting and interested assembly were, however, doomed to be disappointed so far as the case was concerned, for Mr. FERGUSON, having made a demurrer to the charges on the ground that they were not specific enough, they were amended in open court, whereupon he again moved for a continuance until next Monday morning, which was granted by the Court. The great interest in this case arises from the fact that the Mormons have repeatedly and publicly de-nied the facts set forth in the second charge, made against Mr. FERGUSON, viz. : the breaking up, by threats and violence, of Judge STILES' court. It is now expected that the whole affair will be proven to the satisfaction of the world As it is, there has thus far been manifested, on the part of Mr. FERGUSON and his Mormon friends, a strong desire to avoid an inves-tigation ; and we are glad to find that Judge SINCLAIR has determined to have the facts investigated. 
On Monday last the Grand Jury having asked the Court for further information as to ho w far their in-vestigations into the subject of treason, into which they were instructed by the Judge in his charge to in-quire, should be carried. 
In reply to their interrogatories the Judge told them that in their investigations they could only consider of crimes committed in this District; but he also fold them that he deemed it his duty to inform the in that the U. S. Prosecuting Attorney would refuse to pre-pare indictments against persons for the crime of trea-son, and that he would in open Court give them his reasons for so doing. 
ALEXANDER WILSON, Esq., the U. S. Attorney, there-upon addressed the Grand Jury as follows : 
May it please your Honor, and gentlemen of the Grand Jury, by permission of his Honor, Judge SINCLAIR, I am permitted here, publicly to give you the reasons why, as Prosecuting-Attorney of the United States for this Terri-tory , I have presented before you no bills of indictments for treason at this Court. 
Gentlemen of the Grand Jury, in regard to the subject of treason, as the same has bees here given you in charge by the Court, there are certain facts and circumstances of a public character which must necessarily come to your knowledge, and govern your action in the premises, as a grand inquest, and which must govern my actions, and circumscribe my duties as the Prosecuting-Attorney of the United States for this Territory. 
I refer to the proclamation of the President of the Uni-ted States to the people of Utah, on the subject of treason, dated at the City of Washington, April 6th, 1858, and which I have here in Court, as evidence before you. It is here a witness ; and that it is such a paper as proves it-self, I will refer the Court to 2 Bacon's Ab. 609, where, inter alia, it is said the Gazette is evidence of all acts of State. Also to 12 Wood, 216; 8 State Trials 212, 2 Camp. Rep. 44. 
This proclamation, gentlemen of the Grand Jury, is a State paper, emanating from the high Executive of the nation, which, in his wisdom, he has seen proper to pub-lish to the nation, and to the inhabitants of Utah, whom it especially concerned, and of which the Attorney of the United States, in his official capacity in the Territory of Utah, must take notice, and by which he must be gov-erned. 
This Territory belongs to the United States, and is sub-ject to the control of the National Legislature ; and the President of the United States, a coordinate functionary of the National Legislature, by the powers vested in him by the Constitution and laws, has issued this proclama-tion. 
The proclamation was brought to this Territory by Commissioners appointed by the same high power, and these Commissioners, in a public conference with the people of Utah, convened here, in Great Salt Lake City, in the month of June last, for that special purpose, then and there made its contents known and published them to the inhabitants of Utah. 
These Commissioners were invested with authority to carry into effect the provisions of the Proclamation—they did it and returned to their homes. 
The conditions, especially set forth in the Proclamation, were accepted and acquiesced in by the people of Utah, whom they concerned, at that conference, and at subse-quent conferences, at Provo, and elsewhere in the Terri-tory. And this acceptance and acquiescence has been further and fully evidenced by the conduct and acts of the people since that time. 
The conditions, as expressed in the proclamation, are clear and distinct, and can admit of no misunderstand-ing. The language is as follows : 
"Now, therefore, I, JAMES BUCHANAN, President of the United States, have thought proper to issue this my Pro-clamation, enjoining upon all public officers in the Terri-tory of Utah, to be diligent and faithful, to the full ex-tent of their power, in the execution of the laws ; com-manding all citizens of the United States in said Terri- tory to aid and assist the officers in the performance of their duties ; offering to the inhabitants of Utah who shall submit to the laws, a free pardon for the seditions and treasons heretofore by them committed ; warning those who shall persist, alter notice of this Proclama-tion, in the present rebellion against the United States, that they must expect no further leniency, but look to be rigorously dealt with, according to their deserts," 
That these conditions, since that time, leave been faith-fully adhered to and carried out, in the conduct and acts of the people of Utah, I have no evidence to the contrary. Whatever may have been the state of public affairs in this Territory before, at that time seditions, treasons, and rebellion against the United States, ceased after notice of this Proclamation had been given to, and received and acquiesced in, by the people of the Territory of Utah. 
Governor CUMMING, in his Proclamation bearing date the 14th day of June, 1858, at Great Salt Lake City, with the seal of the Territory, and which is now here in Court—and which Proclamation is founded on that of the President, and its acceptance and acquiescence in by the inhabitants of Utah—in speaking of the President's Pro-clamation, uses the following language: 
"The proffered pardon was accepted, with the pre-scribed terms of the Proclamation, by the citizens of Utah. 
Peace is restored to our Territory." 
These, gentlemen of the Grand Jury, are facts an-nounced by the high Executive officer or the Territory, in a solemn proclamation to the people, and they are to be receives as evidence of the public condition of the coun-try over which he so ably and vigilantly presides. And that they are as true now, and since that time, as then, no man has denied. 
Therefore, gentlemen of the Grand Jury, it only re-mains for me to say, for the reasons given, that there are now no acts of sedition, treason or rebellion against, the Government of the United States in this Territory, which the Prosecuting Attorney of the United States for the Territory of Utah, with the President's proclamation and pardon before him, and the Governor's solemn an-nouncement of its acceptance, can charge before you, against any of the inhabitants of this Judicial District, or of the Territory of Utah. 
The Mormons have continuously and still do, pub-licly and privately, deny that they have committed treason against the Government, and they have main-tained publicly through their Church organ, the Deseret News, and still do maintain, publicly and privately, that the President's pardon was thrust upon them un-desired and uncalled for, and without its being re-quested ; and that furthermore it is not valid, as it is a ardon for crimes which they have not committed, although they have in the meantime fulfilled its re-quirements. 
Treason is a crime against the laws of our country, and the pardon of the President was for this crime against the laws of the country. Now, a pardon by law, to be valid, must be delivered and accepted, and it must also be specially pleaded in bar of punishment for a crime committed. If there has been no crime committed the pardon cannot be accepted. If pardon is accepted it must be for a crime committed.
Judge SINCLAIR, in his charge to the Grand Jury, met the question of treason firmly and wisely, and has dis-charged his duty in regard to it faithfully. 
After referring to the President's pardon, he uses his language : 
"Of this pardon, gentlemen, although a public fact in the history of the country, this Court cannot take judi-cial cognizance. The Supreme Court of the United States, in the case of the United States vs. Wilson, (see 7th Peter's R. p. 150,) holds this language, 'The Consti-tution gives to the President, in general terms, the power to grant reprieves and pardons for offences against the United States.' 
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A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without accept-ance. It may then be rejected by the person to whom it is tendered ; and if it be rejected, we hare discovered no power in a Court to force it on him." 
Notwithstanding all this ; notwithstanding the Mormons have treated, and do treat, the pardon with contempt, yet Mr. WILSON takes upon himself the re-sponsibility of forcing it down their throats, and thus gives them the opportunity of crying out to posterity, "Persecution, persecution!" and denying the fact that they ever committed treason, although they now enjoy the immunities and privileges conferred upon them by a pardon for this treason. 
We leave the public to pass judgment upon the course adopted by Mr. WILSON in this matter, and will content ourselves with closely scanning his movements. 
Mr. WILSON brought several letters of introduction with him from his friend, the Mormon "Angel of De-liverance." Col. T. S. KANE, to many prominent lead-ers of the Church. 
The question, or conflict, between the U. S. Prose-outing-Attorney and the U. S. Marshal, and the Ter-torial Prosecuting-Attorney and Marshal, as to which should be the officers of the U. S. Court, while it is engaged in the consideration of crimes and offences against the laws of this Territory, is still held under advisement by the Court. 
Succeeding the very severe snow storm of last week, we have had during the past week a succes-sion of most intensely cold high winds—the ther-mometer ranging as low as 5° above zero. 
During the gale of Thursday, one half of the roof was blown entirely off the Penitentiary building, and sever-al barns and houses were blown entirely down or un-roofed. We have also heard of the death by freezing of 3 men on that day. The snow now lies about 6 feet in depth on the road over the mountains east of us. Notwithstanding these storms and the depth of snow on the mountains, the mails, east and west, arrive with the most commendable regularity and prompt-ness. They have neither of them failed to arrive within schedule time since the routes were estab-lished. 
We understand that the energetic contractors, Messrs. CHOSPENNING & Co., and HOCKADY, BURR & Co. contemplate expressing the President's Message through to California, immediately after its delivery, in 15 days from Washington to San Francisco, and thus demonstrating the entire practicability of trans-mitting the mails with speed and promptness over this great central route, even in mid-winter. A. B. C.