The Mormon Legislature had never made provision for defraying the expenses of the United States Courts, while doing territorial business, though their attention had frequently been called to the necessity of so doing. Their object was to throw all the business into the probate courts; and in this they eventually succeeded, except in the court presided over by Judge Kinney,—the only one, after the "war," which acted simply as an adjunct and instrument of the church authorities.
"During the sitting of Judge Sinclair's court, the Mormon grand jury promptly found a bill of indictment against one Ralph Pike, a sergeant in Company I, of the 10th Infantry, United States Army, for an assault with intent to kill, committed upon one Howard Spencer, the son of a Mormon bishop, at the military reserve, in Rush Valley. Upon capias issued, Pike was arrested, and brought to Great Salt Lake City. The day following, August 11, 1858, about twelve o'clock, M., as Pike was entering the Salt Lake House, on Main Street, Spencer stepped up to him from behind, saying, 'Are you the man that struck me in Rush Valley?' at the same time, drawing his pistol, shot him through the side, inflicting a mortal wound. Spencer ran across the street, mounted his horse, and rode off, accompanied by several noted 'Danites.' Pike lingered in dreadful agony, two days, before he died. The 'Deseret News,' in its next issue, lauded young Spencer for his courage and bravery.
"A man by the name of Drown, brought suit upon a promissory note for $480, against the Danite captain, Bill Hickman. The case being submitted to the court, Drown obtained a judgment. A few days afterwards, Drown and a companion, named Arnold were stopping at the house of a friend in Salt Lake City, when Hickman, with some seven or eight of his band, rode up to the house, and called for Drown to come out. Drown, suspecting foul play, refused to do so, and locked the doors. The Danites thereupon dismounted from their horses, broke down the doors, and shot down both Drown and Arnold. Drown died of his wounds next morning, and Arnold a few days afterwards. Hickman and his band rode off unmolested.
"Thus, during a single term of the court, held in a Mormon community, the warm life-blood of three human victims is shed upon the very threshold of the court; and although the grand jury is in session, no prosecution is attempted, and not one of the offenders brought to justice."
Judge Cradlebaugh was assigned to the Second Judicial District, and held his first term of court in Provo City, commencing April 8th, 1859. An account of his efforts to bring to justice the Mountain Meadow and other murderers has already been given in his own language.
The following notice of this bold and energetic man is from the "Nevada Territorial Enterprise":—
"Judge Cradlebaugh, of the United States Court of Utah, is making his mark in that Territory, if half that is written of him is true. . . . . Satisfied that many of the leading Mormons had taken part in or instigated the Mountain Meadow massacre, and the murder of Jones, Potter, Forbes, Parrish, and a dozen others, he determined to bring them to punishment. . . . . He spoke and acted with the fearlessness and resolution of a Jackson; but the jury failed to indict, or even report on the charges, while threats of violence were heard in every quarter, and an attack on the troops intimated, if he persisted in his course.
"Finding that nothing could be done with the juries, they were discharged, with a scathing rebuke from the Judge. Sitting as a committing magistrate, he commenced his task alone. He examined witnesses, made arrests in every quarter, and created a
consternation in the camps of the saints, greater even than was occasioned by the arrival of the troops within the walls of Zion. At last accounts, terrified elders and bishops were decamping to save their necks; and developments of the most startling character were being made, implicating the highest church dignitaries in the many murders and robberies committed upon the gentiles during the past eight years."
Governor Cumming did not sustain Judge Cradlebaugh, but, under the pretence of impartiality, sought to screen the Mormons from the demands of justice.