Chief Justice Kinney was a gentleman, and performed his duty faithfully without partiality. The appointment of the two associate justices was a calamity. Drummond was dishonest and licentious. He left his wife and family in Illinois without means for their support, and brought with him to the territory a common courtesan, whom he introduced as his wife. This woman he honored with a place by his side while he sat in court dispensing advice to the “Mormons” on morality. Judge Stiles had been a member of the Church, but was excommunicated for immoral conduct. Like most characters of that class, he became very abusive and a bitter enemy of the Church. The corruption of Judge Drummond coming to light, that individual left the territory in disgrace.

Falsehoods of Drummond and Stiles

March 30, 1857, Judge Drummond wrote a letter to the attorney general of the United States, making false charges against Governor Young and the “Mormon” people. He went to Carson County to hold court, and then continued on to the coast never to return to Utah. In his communication he declared that the records of the supreme court of Utah had been destroyed; that Brigham Young had given his approval to this treasonable deed, and with his knowledge it was done; that Brigham Young, as governor, had pardoned “Mormon” criminals and imprisoned innocent “Gentiles;” he had insulted federal judges; the American Government had been traduced and men “insulted, harrassed and murdered for doing their duty.” He accused the “Mormon” people of the murder of Almon W. Babbitt; of perpetrating the Gunnison massacre,[1] and of the death of Judge Shaver, who died a natural death. He placed the responsibility of these alleged crimes at the door of the authorities of the Church.

Judge Stiles also filed an affidavit at Washington, affirming much that Judge Drummond had said, and emphasizing the statement that the court records and papers had been destroyed. Others also added to the unrighteous accusations with the evil thought of bringing the Church into disrepute. Among them were Indian Agent Garland Hurt, and W. M. Magraw. The latter having been disappointed in losing the contract to carry mail across the plains, which contract was awarded to Hiram Kimball, a “Mormon,” sought revenge by circulating falsehoods. He stated that the civil laws of the territory were “overshadowed and neutralized by the so-styled ecclesiastical organization, as despotic, dangerous and damnable” as ever existed. Other, and even more serious accusations, he forwarded in a communication to President Buchanan in October, 1856.

Denial of False Charges

Curtis E. Bolton, deputy clerk of the supreme court of Utah, made denial in his official capacity, of the Drummond charges. He stated that the records and papers of the court were all intact. This denial was speedily forwarded to the attorney general of the United States, but was ignored in the face of the various statements of the lying officials.

The Conspirators Demand Governor Young’s Removal

At the time these falsehoods were sent to Washington, Governor Brigham Young was serving his second term. At the close of his first term as governor, Col. Edward J. Steptoe of the United States Army, was appointed to that position. He declined, and with Chief Justice Kinney, headed a petition, which bore the names of the federal officials, army officers and prominent citizens in the territory, asking for the reappointment of Governor Young. The petition bore fruit and President Franklin Pierce continued Brigham Young in office. These conspirators now endeavored to have him removed, and this desire was very largely the underlying cause in their evil accusations.

“Buchanan’s Blunder”

Accepting at their face value, without any investigation, the inflammatory and lying charges of the enemies of Utah, President James Buchanan determined on changing the governor, and also appointed new judges. He further directed that an army must accompany the new appointees, as a posse comitatus, to sustain the authority of these officers, and suppress “rebellion” among the “Mormon” people.