* Tullidge's "History of Salt Lake City," p. 527.
The warrant was served on Young at his house by the United States marshal, and, as Young was ill, a deputy was left in charge of him. On October 9 Young appeared in court with the leading men of the church, and a motion to quash the indictment was made before the chief justice and denied.
The same grand jury on October 28 found indictments for murder against D. H. Wells, W. H. Kimball, and Hosea Stout for alleged responsibility for the killing of Richard Yates during the "war" of 1857. The fact that the man was killed was not disputed; his brains were knocked out with an axe as he was sleeping by the side of two Mormon guards.* The defence was that he died the death of a spy. Wells was admitted to bail in $50,000, and the other two men were placed under guard at Camp Douglas. Indictments were also found against Brigham Young, W. A. Hickman, O. P. Rockwell, G. D. Grant, and Simon Dutton for the murder of one of the Aikin party at Warm Springs. They were all admitted to bail.
* Hickman tells the story in his "Brigham's Destroying Angel," p.
122.
When the case against Young, on the charge of improper cohabitation, was called on November 20, his counsel announced that he had gone South for his health, as was his custom in winter, and the prosecution thereupon claimed that his bail was forfeited. Two adjournments were granted at the request of his counsel. On January 3 Young appeared in court, and his counsel urged that he be admitted to bail, pleading his age and ill health. The judge refused this request, but said that the marshal could, if he desired, detain the prisoner in one of Young's own houses. This course was taken, and he remained under detention until released by the decision of the United States Supreme Court.
In April, 1872, that court decided that the territorial jury law of Utah, in force since 1859, had received the implied approval of Congress; that the duties of the attorney and marshal appointed by the President under the Territorial Act "have exclusive relation to cases arising under the laws and constitution of the United States," and "the making up of the jury list and all matters connected with the designation of jurors are subject to the regulation of territorial law."* This was a great victory for the Mormons.
* Chilton vs. Englebrech, 13 Wallace, p. 434.
In October, 1873, the United States Supreme Court rendered its decision in the case of "Snow vs. The United States" on the appeal from Chief Justice McKean's ruling about the authority of the prosecuting officers. It overruled the chief justice, confining the duties of the attorney appointed by the President to cases in which the federal government was concerned, concluding that "in any event, no great inconvenience can arise, because the entire matter is subject to the control and regulation of Congress." *
* Wallace's "Reports," Vol. XVIII, p. 317.
The following comments, from three different sources, will show the reader how many influences were then shaping the control of authority in Utah:—"At about this time [December, 1871] a change came in the action of the Department of justice in these Utah prosecutions, and fair-minded men of the nation demanded of the United States Government that it should stop the disgraceful and illegal proceedings of Judge McKean's court. The influence of Senator Morton was probably the first and most potent brought to bear in this matter, and immediately thereafter Senator Lyman Trumbull threw the weight of his name and statesmanship in the same direction, which resulted in Baskin and Maxwell being superseded,... and finally resulted in the setting aside of two years of McKean's doings as illegal by the august decision of the Supreme Court."—Tullidge, "History of Salt Lake City," p. 547.