Early Governments in Nevada 05

The hanging of "Lucky Bill" Thorington and William Edwards, and the events which followed, sharply divided the population on the issue of local government. At first, the two principal factions were termed "Vigilantes" (or "Anti-Mormon"), and "Anti-Vigilantes" (or "Mormon"), the first group supporting the people's court and the executive committee selected by the convention of citizens at the time of "Lucky Bill"'s trial, and the second group opposing them. During the difficulties over the payment of Olds' fine, when armed conflict seemed imminent, a number of "Anti-Vigilantes" petitioned Governor Alfred Cumming of Utah asking that Carson County be re-organized.[1] "Carson," the Carson Valley correspondent of the Sacramento Union, remarked in a letter that the petitioners, numbering fifteen or twenty persons, met at the store of John S. Child in a secret session to prepare the document.[2]

Previous to Governor Cumming's administration, the probate judges of Utah Territory were nominated by the Governor and confirmed by the Territorial Legislature.[3] The Legislature was not in session when Governor Cumming received the petition, but deeming it an urgent matter, the Governor appointed John S. Child the probate judge of Carson County and gave him instructions to hold an election for county officers as soon as practicable.[4] News of the appointment reached Genoa in early September.[5] Judge Child, a resident of Carson Valley, then set the date for the elections on the thirtieth of October, 1858.[6]

On the evening of September 3d, we received the welcome news of the appointment of John S. Child, Esq., Probate Judge for Carson Valley, with authority to organize this portion of Utah Territory into a county, divide into precincts, and cause elections to be held to fill the various county and township officers [sic], and also locate the county seat. Governor Cumming could not, I think, have made a better selection than Mr. Child, or one that would have given more general satisfaction to the people of this Valley. As an evidence that we were not altogether out of the United States, it was resolved by the citizens to hoist the American standard to commemorate the event. Material was soon procured, a painter employed, and with the aid of fair hands, volunteered for the occasion the "stars and stripes" soon floated from a tall pole in front of Mr. Child's store.[7]

The Governor of Utah appointed, some time ago, one John Child as Probate Judge, with instructions to organize a county here, order an election for other officers, etc., as laid down in the Mormon statutes From some cause or other, this man has, as yet, done nothing towards performing his duties. Whether it is from his notorious ignorance or a fear of offending some by attempting an organization as a part of Utah, I know not. It is a well settled fact, however, that the people generally will pay no more respect to this new Judge than they have been accustomed to show the man, and that is very little.[8]

Each of the two factions put forward a slate of candidates for the October Carson County elections. The "Vigilante" or "Anti-Mormon" candidates had been instructed beforehand not to qualify for office, as "Tennessee" explained to the readers of the San Francisco Herald, "it being the wish of a large majority of the people that we get along without government until the organization of the Territory of Nevada, rather than submit to be ruled by a band of foreign outlaws, and taxed for the support of Brigham Young's seraglio."[9]

Before the official results were announced, Maj. William M. Ormsby visited the offices of the editors of the Sacramento Union with the news that the "People's Party" ("Vigilante") had been successful in electing their nominees for Carson County.[10] The vote was rather small.[11] The new Clerk of Carson County's Probate Court, Stephen A. Kinsey, later delivered the official returns of the election, showing a result different from that claimed by Maj. Ormsby.[12] The editors of the Placerville Mountain Democrat published this characterization of the election:

The returns of five precincts were thrown out, which caused considerable feeling at the time, and reflected somewhat on the integrity of the officers. If the election had been properly conducted, and all the votes in the different precincts counted, as the opponents of what was called "the Mormon ticket" contend they should have been, not a candidate on the "Mormon ticket" would have been elected. It is stated, too, on reliable authority, that but little interest was manifested in the election, a large majority of the citizens of the Valleys being opposed, even remotely, to acknowledging the jurisdiction of Utah, or having any connection with the Mormon people. This may account for the smallness of the vote. They have petitioned Congress for a new Territory, and they have a strong probability of succeeding.[13]

H.B. Clemons ("Law and Order", or "Anti-Vigilante" or "Mormon" ticket) was declared the newly elected Representative to the Utah Territorial Legislature; L.B. Abernathy ("People's Party", or "Vigilante" or "Anti-Mormon" ticket) was voted in as Carson County Sheriff; Chauncey N. Noteware ("Law and Order" ticket) was elected Surveyor; Stephen A. Kinsey ("Law and Order" ticket) became the County Recorder; M.M. Gaige ("Law and Order" ticket) took over the office of Treasurer; and the three County Selectmen were W.G. Wyatt ("Law and Order" ticket), James McMarlin ("Law and Order" ticket) and Richard D. Sides ("People's Party").[14]

When the votes came to be canvassed it was found that a large majority had been cast against the Mormon interest, and in order to get rid of this difficulty all the precincts giving majorities to the Gentiles were excluded or "thrown overboard," save and excepting the first and second. By these means men who had received but about fifty five or sixty votes out of some two hundred cast were declared to be duly elected, because they belonged to or sympathized with the Mormons. In the First and Second Districts, Clements [sic] was the candidate on the Mormon ticket, and Mark Stebbins, on the anti-Mormon ticket, for Assemblyman in the Utah Territorial Legislature. When the votes came to be counted, John S. Childs declared and announced that there was a tie, and assumed the grave responsibility of deciding between the two candidates by the drawing of lots. In this manner Clements was chosen Representative, and he left here some four or five weeks ago for the seat of Government. Now I ask you, in all seriousness, do I tax your credulity too far in asking you to give credit and publicity to this extraordinary statement of facts? When such things obtain is it not time for the good respectable and honest men of a community to move earnestly to their alteration?[15]

In the midst of this controversy came word that a murder had been committed at the overland mail station near the Sink of the Humboldt. The murder was bad enough, but the proceedings against the accused killer were also unsatisfactory, raising some excitement in Carson Valley. Alexander Chauvin and Fred Dixon, both employed by the Overland Mail Company, were playing cards at Tyler & Summerfield's Station on the tenth of November, 1858.[16] Dixon, a young man, put up five dollars to "call" Chauvin's hand. As Chauvin was in the act of displaying his cards, Dixon grabbed his "ante" back from the table, and made a joking remark. Chauvin, who had been drinking, said that he would not allow a man to play that on him. The two exchanged words, which bystanders did not think would lead to anything serious. The two rose from the table, and Dixon went outside the Station, standing with his back to the door. Chauvin, standing just inside the door, drew a Navy Model revolver and took deliberate aim. He fired directly at Dixon but missed, the bullet grazing Dixon's neck. When Dixon saw what was happening, he started to run; at the same time pleading with Chauvin not to shoot. Chauvin stepped to the doorway, braced himself against the frame, and shot Dixon through the back. The young man died twelve hours later.[17] According to a friend of the editors of the Placerville Mountain Democrat:

Chauvan (sic) was arrested, taken to Genoa and allowed to go at large, and it is said passed through this city on Wednesday, en route probably for the States. At the time of the murder he had been drinking. He was an active member of the Vigilance Committee of Carson Valley, which may account for his release. A foul murder has been committed, and the murderer has been allowed to go free, through the partiality or the carelessness of the officers having him in charge.[18]

James Sturtevant, Samuel Swager and George Hepperley, Washoe Valley members of the Vigilance Committee, took care to correct these allegations by informing the editors of the Mountain Democrat that Chauvin was not in fact a member of the Vigilance Committee and that the killer had escaped from the custody of the "Law and Order" faction.[19]

Heartened and encouraged, perhaps, by Governor Cumming's acts to re-organize Carson County under the laws of Utah, Luther "Lute" Olds returned to Carson Valley about the first of November, 1858. "Lute" was closely watched, and told to leave the area within a specified period of time. He did not leave, and the Executive Committee of the Vigilantes seems to have instructed "the Sheriff" to arrest Olds and hold him for a citizens' meeting to discuss his case and other important matters, including the attempt by Utah authorities to re-assert control over Carson County, and the irregularities of the late election.[20]

A majority of the meeting then signed a pledge to sustain the action of the meeting.[21]

The supporters of the Carson County re-organization then gave notice that they intended to hold a counter-meeting at Old Mormon Station on the twenty-third of December, 1858.[22] The Territorial Enterprise published the proceedings of this convention, along with the minutes of the Vigilance Committee's meeting of December eleventh.[23] There is nothing which has appeared to indicate the number of people at this meeting, nor do contemporary accounts give the names of the men who subscribed to the resolutions. "Carson", a correspondent of the Sacramento Union, derided the gathering as "a perfect farce", and stated "I do not believe that three persons attended it."[24] According to the account published in the Territorial Enterprise, the following resolutions were adopted at the meeting of "law and order" enthusiasts:

Resolved, That we feel a deep sense of gratitude to his Excellency for his endeavors to extend to us the protecting arm of the law.[25]

Of those elected to office in October, 1858, only Stephen A. Kinsey appears to have posted a performance bond and taken the oath for the position.[26] This first effort to re-organize Carson County and fill its administrative positions was set back by Utah Territory's Secretary of State, John Hartnett, on the thirtieth of December. Hartnett refused to issue a certificate of election for the Carson County Representative, H.B. Clemons, on the grounds that the election called by Judge Child was informal.[27] Secretary Hartnett's action made official recognition of the election results rather unlikely; and this reading of the facts received further support when a special committee of the Utah Territorial Legislature declined to allow Clemons a seat in the House of Representatives.[28] From the actions of the Legislature, it is clear that they did not recognize Governor Cumming's appointment of Judge Child, and treated the action of the Governor as a nomination only, until a Joint Session of the Legislature elected Child as Carson County Probate Judge on January thirteenth, 1859.[29]

Without knowledge of these proceedings, Judge Child asked the editors of the Territorial Enterprise to publish a card to the public.[30] Child used the opportunity to defend himself against the charges of the "Vigilante" faction, and expressly addressed the memorial approved by the mass meeting at Clear Creek Ranch on December eleventh, 1858:

Having given both and taken the oath of office, as stated above, I shall at all hazards discharge the duties of my office to the best of my ability, governed along by the Statutes of Utah, and without the fear or favor of any man.[31]

However, Carson County Recorder Stephen A. Kinsey, alarmed by the resolution of the "Vigilante" faction to possess themselves of the County records, had all the documents in his possession sent to Governor Cunning at Salt Lake City.[32]

In the meantime, the Utah Territorial Legislature moved deliberately and according to its own notions to re-organize Carson County. The enabling legislation passed both the Council and the House of Representatives on January thirteenth, 1859, and was approved by Governor Cumming four days later.[33] On January twenty-first the Legislature placed Carson County within the Second Judicial District of Utah Territory, and assigned the jurisdiction to Judge John Cradlebaugh, Associate Justice on the Territorial Supreme Court.[34] That same day the Legislature restored Carson County's representation in the Territorial Assembly.[35]

Notwithstanding the resolutions of the Mormon clique, the Probate Judge has deemed it prudent to regard the suggestions or threats of the opposite party; therefore no organization of the county government, as intended by Gov. Cumming, has taken place, and we are left every one to take care of his own scalp, which perhaps is just as well as if we had a parcel of Mormons, or Mormon apostates, to take care of them for us.[36]

Not long after this, there was another murder in Carson Valley. John Hern and Elzy H. Knott had a disagreement over the ownership of a bridle, which originated in a card game at Judge Child's store.[37] The two had been playing a few hands, and Knott took the bridle as payment for a disputed debt.[38] Knott placed the bridle upon a horse ridden by nine-year old Oliver Yancy, and when Yancy was out riding in the fields, John Hern walked up to the boy and demanded it.[39] Hern, who was wearing a pistol and knife, forcibly took the bridle, threatening to shoot Yancy or anyone else who tried to take the bridle back.[40] The little boy rode home and told his father and Elzy Knott, who became furious and stated that he would have the bridle back or whip the whole Hern family.[41] Elzy's wife tried to calm her husband, but in his rage he got up and immediately headed for the Hern house.[42] Thomas Yancy and Thomas Knott, Elzy's father, followed him closely, hoping to avoid a serious fuss.[43] When the three men arrived John Horn was in the back room of the Hern house, armed with a double barrelled shotgun.[44] Hern's mother and two children were also present when Knott stepped through the open door of the house and demanded the bridle.[45] Hern then fired the shotgun directly into Elzy Knott's face, killing him almost instantly, March eighth, 1859.[46]

On Tuesday morning last our little community were thrown into the utmost consternation by the intelligence that a murder had been committed upon the body of Elzy H. Knott, the son of T. Knott, the worthy proprietor of the saw and grist mill in this place, by a young man named John Hern. Rushing to the scene of the sad disaster, we beheld an awful and shocking sight. The mutilated body of the unfortunate victim lay in one corner of the room in the house occupied by Mrs. Hern, the mother of the perpetrator of the terrible homicide, surrounded by the shrieking inmates and the distracted wife and father of the deceased. The wound was a terrible one -- made by a shot gun at a very short distance -- having struck the jaw bone on the right side, and the whole charge coming out upwards through the brain, a little above the left ear. Mr. Knott lived but a few minutes after receiving the wound. Hern fled after firing the shot and was immediately pursued by the citizens, one of whom had to fire twice before he surrendered. We have no comments to make upon the occasion of this sad calamity except to deplore the evils of carrying and using weapons upon the occurrence of every trifling dispute where, if men, living in a community like ours, would only exercise the same forbearance they were taught in the land of their birth, no such horrible affairs would ever be chronicled -- no necessity would arise for them to be loaded down like Italian brigands or Mexican bravos with weapons for the destruction of their fellow men, for a single unkind remark. Young as we are in the editorial career, never having soon aught but the amenities of life, our feelings upon this occasion have been harrowed to such an extent, that we trust that we may never have to record or look upon its like again. By this event a wife has lost the friend of her bosom, her solace in affliction and adversity -- one on whom she had learnt to rely upon during life's weary pilgrimage, as father, husband, friend -- not by the slow and insidious disease incident to human life -- but cut off in the prime of manhood, on the high road to a justly earned competency, that would have been won had he lived his allotted time. And the father -- who had watched with that tender solicitude that none but a father could the growth of his son from infancy to manhood; arriving after a weary pilgrimage, from Iowa but a short time ago, intending to send for his family and make Carson Valley his permanent home; contented to see in his old age those he held most dear enjoy a happy future -- at one fell blow saw all his pleasing anticipations vanish, and himself plunged into irretrievable woe. Tis a sad disaster, and sincerely do we condole with the bereaved relatives.[47]

Hern was arrested that morning, and held for trial.[48] The residents of Genoa held a mass meeting at J.J. Holmes' saloon the next day, to discuss what would be done with the killer.[49] A.S. Dorsey presided over the assembly as chairman, while W.W. Smith acted as secretary.[50] The proceedings were extraordinary. Judge Child addressed the gathering:

FELLOW-CITIZENS:-- In August, 1858, I received the appointment of Probate Judge of Carson county from His Excellency, Governor Cumming, of the Territory of Utah, but owing to there not being properly qualified officers to act with me in the case now under consideration, I respectfully refer this matter to the citizens of the Valley for their action through a People's Jury. Not having yet received my commission as Judge under the reorganization of the County, I will do as much as any man to see justice done by the people of this Valley, and maintain our character as a law-abiding people.[51]

William Cary moved that a panel of three judges be appointed to try the case, and Maj. Ormsby proposed a committee of five should do the appointing.[52] The committee, appointed by the chairman of the meeting, consisted of Judge Child, Maj. Ormsby, William Cary, R.D. Sides and John K. Trumbo.[53] The meeting confirmed the committee appointments and then the group retired to select the officials of the People's Court.[54] When they returned, they had selected John S. Child as Chief Judge, Hiram Mott Sr. and F.M. Proctor, Associate Judges, and L.B. Abernathy as Sheriff.[55] The meeting approved these appointments, and the People's Court opened up for business.[56]

The trial began on March tenth, 1859.[57] The Court, though held in Utah Territory, "agreed to adopt the Statutes of California on points of law and definition of crime."[58] Hern was represented as attorney by John J. Musser,[59] while Chauncey Noteware and William M. Cary represented the people of Carson Valley as prosecutors.[60] The three Judges swore in W.W. Smith as Clerk, to make a transcript of the People's Court proceedings for later publication.[61] Hern stepped to the bar, and heard Smith read the indictment:

John Hern, you are hereby accused by the People of Carson Valley, U.T., of the crime of Murder, committed as follows, to-wit:-- That on Tuesday, the eighth day of March, 1859, at Genoa, in the County and Territory aforesaid -- you did wilfully, maliciously, and with malice aforethought, kill one Elzy H. Knott, at the house of one Clayton Hern, in said town of Genoa, County and Territory aforesaid by shooting him, the said Knott, with a gun known as a double barrelled shot gun -- and against the peace and dignity of the People of Carson Valley.[62]

Hern then pled "Not Guilty", and jury selection began. According to the transcript as published by the Territorial Enterprise, "a large number of jurors were summoned. Some were excused by the Court, or preemptorily challenged by counsel for prosecution or defense, when the following persons were chosen: R. Adams, A.L. Dorsey, P. Vansickle, I. Farwell, M. Wheeler, J. Winters, A. Benway, Jas. McMarlin, W.H. Carey, J.A. Colburn, A.G. Hammack, and L. Miles."[63]

The People's Jury heard a day's worth of testimony from a number of witnesses, but only after one of the jurors, A.G. Hammack, was excused and replaced by David Cosser.[64] The next day was spent in final arguments before the jury, reported for the readers of the Territorial Enterprise this way:

The speech for the prosecution was opened by C.N. Noteware, who defined to the jury the different degrees of murder, homicide, &c., and in a brief and lucid manner dissected the evidence adduced before the jury, and was followed by John J. Mercer [sic] on the part of the defense in the most admirable manner, following every portion of the evidence link by link, placed it before the jury in a manner so masterly as is seldom witnessed in a court of justice. He alluded to the distance we were from all legal redress -- surrounded by mountains almost inaccessible -divided by a distance of nearly 800 miles, which would have to be traversed over almost impassable deserts, before we can obtain a hearing through the judicial tribunals of the country -- and as a consequence there was none other but that of the people to try the case. He closed his speech with an eloquence that elicited the sympathies of all persons present.[65]

Musser based his case upon a defense of justifiable homicide in Knott's death.[66] The three judges gave the following instructions to the jury, after which the Court adjourned to give them time for deliberation:

If in your deliberations you should find that the deceased entered the house of Mr. Horn for the purpose of regaining property which rightfully belonged to the deceased, and which he had good reason to believe was secreted therein; that in the absence of law he had a right so to do, and that the act of entering the house under such circumstances cannot be construed into an assault upon the habitation or its inmates, provided the entrance was effected unaccompanied by threats or demonstrations of violence upon the inmates; or having demanded the property of those having it in possession, you should find a verdict of guilty.[67]

The jury was out deliberating all that day, but when the Court met on Sunday, March fourteenth, the jury was decided.[68] W.W. Smith polled the individual jurors and then opened the sealed verdict which was "Not Guilty."[69]

There was some dissatisfaction at this result, and a citizens' meeting was called immediately after the Court adjourned.[70] Thomas Knott, the father of the victim, as for a vote to ratify a resolution "that the people shall keep in custody the body of John Hern until the next term of the district Court."[71] The resolution failed by a vote of fifteen for and seventeen against.[72] The meeting broke up and John Horn left town right afterwards.[73]

It is a beautiful peculiarity of the institution known as the Vigilance Committee that the members thereof and their friends are incapable of crime -- that all who oppose them are monsters of iniquity. This is not so pretty; but I will prove both to be true. Last summer, a man was executed in this Valley, without any evidence of his guilt being discovered until he was in his grave. Others were found guilty of various charges, without any evidence of their guilt; but they were all opposed to the Vigilance Committee. In the fall a warm friend of the Committee, a man who told me himself that he took an active part in the above proceedings, deliberately shot a man dead in cold blood. He was brought to this place and kept in confinement one whole night, but the second night he was suffered to depart, and I have not heard of him since. Mr. E.H. Knott was an enemy of the Vigilance Committee, while Herring was connected with it indirectly; it is therefore no crime in Herring to kill Mr. Knott.[74]

The aggrieved father, Thomas Knott, held a similar opinion of the Vigilance Committee's dedication to justice. In a lengthy letter written to the editors of the Sacramento Union, Knott stated that he was offering a five hundred dollar reward to anyone who would apprehend John Hern and keep him in custody until the Governor of Utah Territory could order a regular trial.[75] Among others reasons, Knott wrote that he wanted the case retried because:

"I had just reason to believe that the Vigilance party had exercised their influence in this case; because my son, Elzy, was strongly opposed to them; because some of their most influential men had expressed themselves in strong terms against him; because the criminal had asked to be tried by the Vigilance Committee, and the Court was composed principally of them; lastly, because, before the reading of the verdict in Court, some of the officers informed Hern's family that they would escort the boy to Eagle Valley for his safety.[76]

Thomas Knott had constructed a sawmill and grist mill for Reese & Co., located at Mormon Station, in the early months of 1854.[77] Reese & Co.'s proprietors were unable to pay Knott for his work, because one of the Company's partners, Judge E. L. Barnard, absconded with most of Reese & Co.'s assets that year.[78] At the beginning of 1855 Reese & Co. acknowledged Knott's lien on the property and released all claim to the mills until such time as the debt was paid in full.[79] Unfortunately this did not end the matter. Representatives of Reese & Co. seem to have attempted to regain the mills, and in the summer of 1856 Judge W.W. Drummond of the U.S. District Court for Western Utah granted Knott an injunction against Reese & Co., enjoining them from meddling with or using the property.[80] About the middle of May, 1859, two months after the murder of Knott's son, John K. Trumbo (John Reese's son-in-law) and five other men broke through a window of the grist mill and took possession of the building and grounds.[81]

Knott proposed that the matter be settled by a popular commission of local citizens, who would hear the arguments for the two sides in the dispute and render a verdict.[82] Until this could be done, the mills were to be turned over to a disinterested person who would take charge of the property and administer it rendering full accounts to the popular commission.[83] Knott suggested that a Judge or Sheriff select fifty-four bona fide settlers, and that he and Trumbo be allowed to each object to eighteen of the men.[84] The remaining eighteen settlers would comprise the popular commission, and a majority verdict in the case would be final.[85] John K. Trumbo, however, would not agree to this form of settlement.[86]

Notwithstanding Trumbo's objections, a citizen's meeting convened pursuant to notice at Singleton's Hall in Genoa, in the latter days of May, 1859, to discuss the problem.[87] R. D. Sides was chairman of the proceedings, while W.L. Jernegan acted as Secretary.[88] Neither Trumbo nor any other representative of Reese & Co. appears to have been present.[89] A ballot vote, taken after Thomas Knott had presented his evidence, resulted in a unanimous verdict in his favor.[90] The meeting elected a committee, consisting of Hiram Mott, John S. Child and L.B. Abernathy to pay a visit to Trumbo and request him to give up possession of the mills.[91] The meeting seems to have inspired the editors of the Territorial Enterprise to write an essay, published May twenty-eighth, 1859, entitled "Law Necessary":

We all feel the necessity of, and should without delay unite our efforts in adopting some law for our mutual protection, and creating an authority by which we are willing to be governed. Judge Child has with some propriety deferred the formation of his court, from time to time, in the hope that Judge Cradlebaugh would convene a term of the United States District Court in this county, whose presence might aid him in the legal and peaceable organization of his court. We have no suggestions to offer to his honor, Judge Child, concerning the convening of his court, but since the arrival of Judge Cradlebaugh and the speedy organization of the District Court is a matter of doubt, we would suggest to the people of Carson County the propriety of adopting some measures by which the perplexing questions which are almost every day arising to the continual annoyance of the public, may be properly and satisfactorily adjusted. The miners on Walker's River have adopted a code of laws for their guidance, which were published in our last week's issue, they are concise and equitable, and if we are to be deprived of any judicial organization under the Territorial laws, we would suggest a similar movement on the part of the citizens of this county.[92]

On the same day this editorial was published, William Sides killed John "Pike" Jessup at the New Diggings in Gold Canyon.[93] The two men were playing cards and drinking that evening, and had a disagreement.[94] They exchanged hard words, and Sides pulled out a dirk and stabbed the twenty-year old Jessup two or three times.[95] He died within a few minutes.[96]

The miners at the diggings arrested Sides and took him to Carson City, where a mass meeting of citizens convened on May thirtieth, 1859, to discuss the case.[97] Abraham Yount was chosen chairman of the meeting, which voted to hold William Sides until a People's Court could be organized.[98] The next morning the citizens assembled and chose Chauncey Noteware as Presiding Judge, J.A. Osborn and A.G. Hammack as Associate Judges, and John K. Trumbo as Clerk.[99] The Court appointed Samuel Tyler to prosecute the case and John J. Musser was selected to defend Sides, while Abraham Curry served the Court as Sheriff.[100]

Israel Mott, George Hill, Thomas Boyd, John Adams, Peleg Brown, Thomas Yancey, James Gatewood, William Sturtevant, W.H. Boyd, Hiram Mott, Jacob Rose and John Cosser were chosen to be the jurors in the case, out of a total of forty-eight summoned.[101]

The Court heard witnesses and reviewed evidence starting on the first of June, and the question was said to be ably and eloquently argued by both attorneys.[102] The Jury retired to consider its verdict; and after three hours they reported back that they were deadlocked -- eight for conviction and four for acquittal.[103] Sides was released on bail, until September first, when there was apparently to be a new trial.[104]

The Court met again on June seventh, 1859 with a different set of Judges: H.F. Pierce and George W. Hepperley as Associate Judges assisting Chief Judge J.A. Osborn, and the People's Court adopted a number of resolutions pertinent to the case.[105] Sides' earlier bail was cancelled, and his bailsmen were required to deposit an additional thousand dollars -- $2,500 in all -- to secure his liberty.[106]

That a publication of the evidence already elicited in the trial would be prejudicial to the ends of Justice in a future examination of the case, and that, therefore, the Territorial Enterprise is requested not to publish said evidence.[107]

During this meeting, Sides' backers came up with the additional thousand dollars and turned it over to Judge Osborn, who ordered Sides freed.[108] The accused murderer left Carson County before he could he retried.[109]

At about the same time Sides was bound over for re-trial, there was a call for a mass meeting of citizens to consider creating a territorial government separate from that which met at Salt Lake City.[110] The operations of the Vigilance Committee ceased with the formation of that Territorial Government; many former Vigilantes participated in the Constitutional Convention of 1859 or were distracted by the opportunities which followed the discovery of the Comstock Lode earlier that year.[111] The last recorded activity of the Vigilance Committee took place in early August, 1859, and was described by Dan DeQuille [William Wright]:

This little ceremony over, the pair of thieves were directed to take the road leading over the Sierras to the beautiful "golden state." They went, not as Adam and Eve left paradise, "dropping some natural tears," but as a pair of twin lambs are seen to depart when in the springtime the farmer has whacked off their too luxuriant tails -- went dropping blood.[112]

More than a year after receiving his appointment from Governor Cumming, Judge John S. Child finally convened a session of the Carson County Probate Court on the twelfth of September, 1859.[113] P. H Lovell served as Court Clerk during this term.[114] This was the first official tribunal held in Carson County since April, 1857.[115]

Notwithstanding the fact that the residents of the valleys along the eastern slope of the Sierra Nevada had accumulated over two years worth of legal troubles, Judge Child found little business to transact.[116] Almost no one brought their problems to the bench. After three days in session without a single case, Judge Child appointed W.P. Morrison as County Coroner.[117] Days and days went by without the Court having any controversies to settle, until at last Rebecca Bristol brought suit against her husband for divorce, in October, 1859.[118] She was successful, and it has been said that this was the only case tried that year.[119]

While the Probate Court was in session, Judge Child divided Carson County into ten precincts and called for a special election to be held on October eighth, 1859.[120] There does not appear to have been much interest in this election, and voting was light.[121] Only three precincts opened polls on the appointed day,[122] and the returns show every indication of "ticket voting".[123] By the unanimous vote of Gold Hill precinct, C.H. Fountain was elected Carson County's Representative to the Utah Territorial Legislature.[124] The unanimous vote of Gold Hill precinct also elected E.C. Morse as Sheriff, Henry Van Sickle as Treasurer and J.F. Long as Surveyor.[125] W.C. Armstrong and L. Drixley[126] were chosen by the voters of Carson County for their Selectmen.[127] The appropriately named William Justice was the choice of Gold Hill for Justice of the Peace there, and they also chose Alexander White to serve as their Constable.[128] Genoa and Carson City precinct voters[129] made Thomas Knott their Justice of the Peace and George Wilder the new Constable.[130] When Governor Cumming forwarded commissions of office to the successful candidates, he said that while he believed that Judge Child had no authority to call or hold any election, the Governor was anxious to help organize Carson County and consequently was sending on the certificates.[131] Of all those elected, only Thomas Knott filed a bond and took the oath of office.[132]

In February, 1860 Judge Child appointed two men as road commissioners -- D.G. Gloyd and A. Kinne -- and in March the Carson County Probate Judge appointed Porter C. Rector as Surveyor.[133] Judge Child replaced P.H. Lovell as his Clerk with George McNeir that same month, but within a few weeks again changed Clerks, replacing McNeir with W.H. Pettit.[134]

Want of space compels us to defer further comment, but we hope that before people render blind obedience to the behests of Probate Courts, they will rigidly investigate how far their authority extends.[135]

This lack of confidence in Carson County's officers and records left titles to land and mineral claims in question throughout Western Utah. With inactive authorities and absent records, impetuous men did not hesitate to "jump" in and take possession of the claims of others."[137] In an attempt to restore some security to land titles, Governor Cunning sent the Carson County Recorder's books back to Western Utah with U.S. Judge John Cradlebaugh in the spring of 1860.[138] Even this act could not inspire optimism, as thousands of miners, merchants and gamblers rushed to the Washoe diggings; one writer commented:

To-morrow the Recorder's books will reach here, and it is said that many claims that have been already jumped will cause frequent shooting scrapes. A number of firemen from San Francisco, it is reported, have associated themselves together and seized claims. They have thrown up breastworks on the Comstock lead, which they have armed with a field piece. The men are provided with rifles, muskets, etc.[139]

"As regards the law or government of this city or the territory, there is none recognizable, the Mormons having no idea of trying to enforce theirs, and there being little of other either Federal, State or Municipal. At present the legal fraternity are, therefore, doing nothing."[140]

A jail, however, is needed, and a large one too; for not only is it certain that we have a great many here worthy of such a place of residence, but it is also a fact long known that the operations of the laws are slow.[141]

In July, 1860 Judge Child gave notice that he intended to call for another election of Carson County officials.[142] After dividing the County into fourteen precincts, the Probate Judge set the date for the voters of Western Utah to exercise the franchise on August sixth, 1860.[143]

This election exhibited a number of irregularities -- there was no qualification test at Virginia City, where about a thousand votes were cast, and two polls, each in seeming opposition to the other, opened at Silver City.[144] According to an article published in the Territorial Enterprise on August eighteenth, 1860, the total vote came to one thousand five hundred and sixty-two.[145] When the results were tallied and certified John C. James was elected as Carson County's representative to the Utah Territorial Legislature, and James J. Coddington, William Alford and Col. Jonathan Williams were the new Selectmen of Carson County.[146] Seneca H. Marlette was elected Surveyor, John L. Blackburn became the Carson County Sheriff, and Richard P. "Silver Dick" Bland was the choice of the voters for Treasurer.[147]

Judge Child, in calling the election, did not declare the need to fill the office of County Recorder, occupied by Stephen A. Kinsey.[148] Notwithstanding this fact, several gentlemen ran for the office.[149] R.M. Anderson, former Lieutenant Governor of California, requested Judge Child to count the ballots cast for Recorder, but the Probate Judge declined.[150] In a letter for the readers of the San Francisco Herald, "Tennessee" remarked ". . the office of County Recorder has become quite lucrative, and the present incumbent is a warm personal, political, and probably ecclesiastical friend to his Honor, who absolutely refused to count the vote, formally or informally, or to take any notice of it whatever."[151]

Judge Child's refusal to consider other candidates irked Anderson; the ex-Lieutenant Governor, in his own words, "told Judge Childs [sic] that I had assisted him in his organization and he should have .the votes counted; that if he had not counted then he ought to be hung."[152] Henry Lufkins, Judge Child's brother-in-law, was standing nearby, and suggested to Anderson, "Perhaps you had better hang him."[153] Anderson, who had threatened a suit of mandamus to compel Judge Child to count the votes, told Lufkins that no one was speaking g to him.[154] At that, Lufkins said "I'll fix you," and trotted away.[155] Anderson's friends urged him to leave before Lufkins returned, but Anderson disregarded the advice.[156] Lufkins then came up armed with a navy revolver, and despite the cries of Mrs. Child and others, opened fire on Anderson.[157] The former Lieutenant Governor was able to get his own pistol working and fired back, but Lufkins darted behind the corner of a building and shot Anderson through the side before his adversary could fire a second shot.[158] Anderson, though severely wounded, recovered from his injuries.[159]

Edward C. Morse, another candidate for Recorder, then brought suit against Kinsey, asking the U.S. Courts to declare Kinsey's office vacant and himself elected.[160] This suit failed to remove Kinsey, so Morse opened a rival Recorder's office, although Kinsey retained the old Carson County books.[161] Carson County residents and newcomers, not knowing who would eventually become the official Recorder, filed their papers with both.[162] This confused situation was not resolved for nearly a year, when Nevada Territorial Governor James Nye appointed a third party, Samuel D. King, to the position.[163]

There was also a controversy over the election of the Carson County Sheriff, John L. Blackburn, though no blood was spilled over the matter.[164] T.J. Atchison filed notice of intent to contest the returns on August twelfth, 1860, but was unable to keep Blackburn from taking office.[165]

About a month after this election, Judge Child appointed Thomas Condon, Jr. as the County Assessor and Tax Collector,[166] and William E. Stewart as Prosecuting Attorney.[167] Condon's office was later declared vacant on grounds of illegality -- the taxes were supposed to be collected by the County Treasurer, acting ex officio.[168]

Judge Child also convened a session of the County Court at Genoa on the third of September, 1860.[169] On September tenth, Judge Child considered the issue of the indebtedness of Carson County, "and ordered that all county scrip issued to this date be declared void and repudiated."[170] At about the same time, Judge Child began to consider petitions for private franchises and grants.[171] The County Court then established fourteen school districts and set rates for business licenses, toll roads and toll bridges.[172] The Court also provided that not more than $750 be expended to repair and refurbish an old building et Genoa, to be used as the County Court House.[173] It seems, however, that the Probate and County Court of Great Salt Lake County retained jurisdiction over all, civil and criminal cases,[174] And, according to the editors of the San Francisco Herald, the Great Salt Lake County Court would not grant appeals from its judgments to the U.S. District Court at Carson City.[175] The expense of transporting criminals, witnesses and evidence to Salt Lake City would have been dismaying even in a county whose residents paid their taxes, The only alternative was to bring all cases to trial in the U.S. District Court, which convened in seasonal terms.

Under the circumstances, a proposition of this kind could not be entertained for a moment. Unduly excited, perhaps, at seeing his despoiler restored to liberty, without even the security of a bond for appearance at Court, the Complainant took the law into his own hands, and then and there, as lawyers say, administered summary punishment in the most approved style of the fancy. This act, besides being an offense against the peace and dignity of the commonwealth, committed under the eye of the people's representative, was a grave offense against official dignity, and, as in duty bound, the Deputy Sheriff arrested the redresser of his own wrongs, and arraigned him before the Justice, on the charge of disturbing the peace. The Justice heard the story and found himself in a dilemma. To commit the prisoner would be equivalent to discharging him, and so, to cut the matter short, he sent him home on his promise to appear the next morning to answer. And now was enacted a scene, that very few men have had the fortune to witness. The Deputy Sheriff roundly swore that he would make no more arrests, to be turned loose by the Justice; the Justice declared his intention to make no more commitments to be discharged by the Sheriff, and the late prisoner more than intimated an opinion that the officers and rogues had too good an understanding for the good of the people at large. Here we left, as the appearances indicated that a crisis was approaching, that would culminate in cocktails for the company.[176]

A large number of the people who inhabit the region bordering on the Sierra Nevada, are employed in mining, and will probably require some legislative action, suited to their peculiar needs. This benefit, I trust, will be extended to them, so far as it may be consistent with the general interest. Your powers do not extend to the primary disposal of the soil, but much good may accrue to them from grants for temporary use and occupancy.[177]

As the tenth annual session of the Utah Territorial Legislature commenced, Representative John C. James introduced a number of bills pertaining to Carson County, one of which provided that the County Jail be recognized as a branch of the Utah Territorial Penitentiary.[178] While these bills were under consideration, the matter of the election of County Probate Judges and Notaries Public came before a Joint Session of the Legislature. When the time came for the appointment of Carson County's Probate Judge, Rep. John V. Long (Great Salt Lake County) put forth the name of Judge John S. Child, but Rep. Hiram H. Clawson (Great Salt Lake County) nominated James H. Rawlson for the position.[179] The Joint Session heard a message from Governor Cumming in endorsement of Judge Child and after due consideration, Child was elected Probate Judge for a second term.[180]

The Chief Clerk of the House of Representatives then presented a petition from some citizens of Carson Valley, praying for the appointment of Henry F. Rice as Notary Public of Carson County, a nomination endorsed by a letter of U.S. District Judge Flenniken.[181] Rep. Ezra T. Benson (Cache County) moved that Rice be elected, which was done, December twenty-fourth, 1860.[182]

In a later session, held January eighteenth, Richard N. Allen, Isaac Farwell, J. Martin Reese, Alfred James and T. Jefferson Atchison were also elected Notaries Public for Carson County.[183] Before adjourning, the Legislature passed a number of bills specifically regarding Carson County; it was the most attention Western Utah had gotten from the Legislature at Salt Lake City in four years.[184] Among other arrangements, the Carson County seat was moved from Genoa to Carson City, January eighteenth, 1861.[185]

The Carson County Court opened for business in early 1861, when Judge Child and the three County Selectmen began to consider a number of important matters. A substantial number of residents of Honey Lake Valley, believing that their settlements lay to the east of the California State line, had refused pay taxes to Plumes County authorities. This had been going on since 1856; and the Honey Lake residents had sent delegations to all of the Nevada territorial conventions, seeking to join in the formation of a new State. On February eleventh, 1861 the Carson County Court opined that Honey Lake Valley lay within the limits of Carson County, and the Selectmen appropriated two hundred and fifty dollars to assist the Honey Lakers' refusal to pay taxes to California officials.[186] Within a month the County Court organized that section of the country into a fifteenth election precinct.[187]

The County Court also fixed the rate of taxation in Carson County on February thirteenth; the rate was set at 1 1/2% for County taxes and 1/2% for Territorial purposes.[188] In compliance with the act of the Utah Territorial Legislature relocating the county seat from Genoa, the Carson County officials rented a building in Carson City for a Courthouse,[189] and Judge Child held the first session of the County Court in Carson on March first, 1861. Time ran out for Utah Territorial administration, however, for the next day the U.S. Congress set up a separate Territorial organization for Nevada.[190]

[1] Placerville Register, reprinted in Sacramento Union 2 Aug 1858:4.

[2] Sacramento Union 30 Dec 1858:1. In a letter written to the editors of the Placerville Mountain Democrat, Judge Child had the following to say about this allegation by "Carson", repeated in part in the proceedings of the mass meeting held at Genoa on 11 Dec 1858: "'Carson' said, sometime in June or July last, a secret meeting had been held in my store. No such meeting was ever held, and the statement is an absolute falsehood." (Placerville Mountain Democrat 15 Jan 1859:3).

[3] This was the procedure prescribed by the Statutes of Utah Territory, and followed in the appointments of Orson Hyde and Chester Loveland, the first two Probate Judges of Carson County.

[4] Sacramento Union 8 Sept 1858:2; San Francisco Herald 13 Sept 1858:2.

[5] Ibid.

[6] Angel, History of Nevada, states (p. 49) that the election took place on the thirtieth of October, 1858. This is supported by a telegraphic dispatch from Placerville published in the Sacramento Union 4 Nov 1858:2 and reprinted in the San Francisco Herald 5 Nov 1858:2, as well as by a letter from "Tennessee" published in the San Francisco Herald 18 Nov 1858:2. On the other hand, the election day is given as October thirteenth, 1858 in the proceedings of the mass meeting published by the Territorial Enterprise 25 Dec 1858 and reprinted in the San Francisco Herald 28 Dec 1858:2.

[7] Placerville Register, reprinted in San Francisco Herald 13 Sept 1858:2.

[8] San Francisco Herald 30 Oct 1858:2.

[9] San Francisco Herald 18 Nov 1858:2.

[10] Sacramento Union 6 Nov 1858:3. According to Ormsby, the following were the candidates of the "Law and Order" or "Mormon" ticket: H.B. Clemons for Representative; G.W. Chedic for Sheriff; Chauncey N. Noteware for Surveyor; M.M. Gaige for Treasurer; S.A. Kinsey for Recorder; and Jacob H. Rose, James McMarlin and. W.G. Wyatt for Selectmen.

The "People's Ticket" or "Vigilante" candidates were: Mark Stebbins for Representative; L.B. Abernathy for Sheriff; J.F. Long for Surveyor; Hiram Mott, Sr. for Treasurer; S. Tyler for Recorder; and John L. Cary, R.D. Sides and Walter Cosser for Selectmen.

[11] Placerville Mountain Democrat 27 Nov 1858:2; San Francisco Herald 28 Nov 1858:2.

[12] Ibid.; Sacramento Union 6 Nov 1858:3. There is little difference between the election results given by Ormsby to the editors of the Sacramento Union and those later published in the Placerville Mountain Democrat and San Francisco Herald. Given the figures, Ormsby's claim that "the People's party had triumphed in their late election for county officers" seems overly optimistic, at least as regards the actual election results.

[13] Placerville Mountain Democrat 27 Nov 1858:2. "Quam", a Carson Valley correspondent of the Mountain Democrat (13 Nov 1858:2), has similar comments on the actions of Judge Child in tallying the vote.

[14] Placerville Mountain Democrat 27 Nov 1858:2; San Francisco Herald 28 Nov 1858:2.

[15] Sacramento Union 28 Dec 1858:1. "Carson" went on to attack the newly-elected candidates and their supporters in decidedly personal tones:

"Let us look around and see the character and standing of the men, in their social as well as domestic relations to each other in this community, by whom the grave wrong has been committed. You cannot find one who has not had from one to three or more wives, as the case may be; and, when you lift the scene that curtains their household from the public gaze, you find, sitting in the position of honest wives, women who have already had and deluded and abandoned as many husbands as their husbands had wives.

"This state of society (if such it can be called) is too sickening to enlarge further upon. It can not and will not last. A large population, attracted by the productive character of our soil, our climate, and the advantages held out by our mines to the miner, as well as by our arable lands to the agriculturist, is entering these valleys, and with them come their wives and children, whom it is their as well as our wish to see kept away from the baneful influence of Mormon example. This we will be able to accomplish so soon as we obtain our Territorial organization, and pending the receipt of the news of the passage of the bill, though almost positive of its passage, are a little uncertain and disquiet."

This and other letters from "Carson" outraged a number of residents of Carson County, who replied to his accusations in a vigorous and emphatic manner. For the reaction to his charges see the letter of "Anthropos" in the Territorial Enterprise 1 Jan 1859:3; the card of Judge John S. Child in the Territorial Enterprise 8 Jan 1859:3; the letter of "Anti-Carson" in the Territorial Enterprise 29 Jan 1859:3; the card of seventy residents of Carson Valley in the Territorial Enterprise 5 Feb 1859:3; and the letter of Judge Child to the Placerville Mountain Democrat 15 Jan 1859:3. Other material indirectly relating to this exchange appears in the Territorial Enterprise 12 Feb 1859:2; 21 May 1859:2; 28 May 1859:2.

[16] Placerville Mountain Democrat, reprinted in San Francisco Herald 22 Nov 1858:2.

[17] Ibid.

[18] Ibid.

[19] Placerville Mountain Democrat 27 Nov 1858:2. The Sheriff-elect of Carson County, L.B. Abernathy, was one of only two successful candidates from the "People's party" ("Vigilante") ticket, and ordinarily would have been responsible for securing Chauvin until trial. There is some question as to whether Abernathy even attempted to take office -- in the records of the Carson County Court held by the Nevada State Archives, there is no evidence of his oath or bonds for the position.

[20] Sacramento Union 21 Dec 1858:2; San Francisco Herald 30 Dec 1858:2. It may be that the Sheriff referred to in the proceedings of the Vigilance Committee was not the Carson County Sheriff but rather one elected or appointed by the Vigilantes. (Placerville Register, reprinted in Sacramento Union 2 Aug 1858:4.)

[21] Territorial Enterprise 25 Dec 1858, reprinted in San Francisco Herald 30 Dec 1858:2.

[22] Ibid.

[23] Ibid. A more complete record of the proceedings was published in the Salt Lake City Valley Tan, 11 Jan 1859:2&3. The committee of ten appointed to visit Kinsey and take custody of the Carson County documents consisted of Boland Abernathy; Samuel Tyler, R.D. Sides, William Wade, William M. Ormsby, Walter Cosser, David H. Barber, Theodore Winters, Mark Stebbins and Samuel Swager.

[24] Sacramento Union 28 Dec 1858:1.

[25] Territorial Enterprise 25 Dec 1858, reprinted in San Francisco Herald 30 Dec 1858:2. There is an account from the Enterprise, reprinted in the San Francisco Herald 13 Jan 1859:3, of a meeting held at Genoa December 24th, 1858, at which similar resolutions were passed. John S. Child was elected President of the meeting and J.J. Coddington served as Secretary. Mr. Lehigh was the principal speaker. The participants endorsed the proceedings of the meeting held on the 23rd of December, resolving: "we are firmly of the belief that they are the views and sentiments of a large majority of the conservative portion of the citizens of Carson county." C.S. Kellogg served as President of this meeting; the resolutions were drafted by a committee consisting of J.A. "Snowshoe" Thompson, Benjamin Murphy, Jos. Coddington and S. Dean. William Cary served the meeting as Secretary. (Salt Lake City Valley Tan 11 Jan 1859:2&3.)

[26] The records of the Carson County Probate Court are held by the Nevada State Archives, Capitol Complex, Carson City, Nevada. There is no record of any other officer from the October, 1858 election having taken the oath of office or given his bond. Additionally, in a card to the public dated 17 Apr 1860 and published in the Territorial Enterprise 21 Apr 1860:2, Stephen A. Kinsey stated "On the 30th of October, 1858, I was elected at a special election ordered by the Governor, and was the only officer elected who gave bonds and was qualified."

[27] (Journals of the Legislative Assembly of the Territory of Utah Eighth Annual Session, 1858-1859) -- title page missing.

[28] Ibid. The Special Committee took this action on January fourth, 1859.

[29] Ibid.

[30] Territorial Enterprise 8 Jan 1859:3. The full text of the card follows:

"On the 11th day of December, 1858, a body of men known as the Vigilance Committee held a meeting at Clear Creek, in this County, at which various resolutions were passed and a memorial adopted which was afterwards presented to me. In said memorial various slanderous and false charges were preferred against me, which I deemed at one time unworthy of notice, but since, a member of our community who, though he figures over an assumed name, is well enough known to warrant me in saying belongs to said Vigilance Committee, has endeavored to array the charges made against me before the public through the columns of the Sacramento Union, I am induced, as a matter of justice to myself, to correct any false impressions which may have been formed from the memorial and article above referred to, for which purpose I publish this Card.

"In the month of July last, a petition was sent to his Excellency Governor Cummings [sic], praying him to extend his jurisdiction over this portion of Utah Territory, as we were entirely destitute of any kind of legal authority. The petition was accompanied by no reccommendation [sic] to my knowledge, and at no time subsequent, with my consent or knowledge, was I reccommended [sic] to his Excellency as a suitable person for Probate Judge. Neither was I ever reccommended [sic] for the position by any 'clique or clan,' as I have been charged with.

"In the month of September, 1858, I received my appointment from his Excellency, the Governor of this Territory, which was unsolicited and unknown by me up to that time.

"After giving bonds in the sum of $10,000, I ordered an election to be held on the 30th day of October. On the receipt of the returns from the several precincts, I found that they were all illegal, except the returns from precincts No. 1 and 2, according to the Statutes of Utah Territory, chap. 47, sec. 4 and 5. In deciding the tie vote between Clemmons [sic] and Stebbins, candidates for Representatives [sic], regarding the same as a county officer, I was governed accordingly by the Statutes, chap. 47, sec. 12. If I have committed an error in my judgment, I hope to be corrected by higher authority.

"The Committee say in their memorial that 'they are a law-abiding people,' but I have been informed since the election that it was the avowed intention, on the part of said party, to elect men to office who would not qualify or give bonds, and thereby endeavoring to thwart any efforts to establish law and order.

"The memorial warns me not to attempt the organization of a Court or to enforce the Laws of Utah, which also shows their open rebellion against the laws.

"Having given bond and taken the oath of office, as stated above, I shall at all hazards discharge the duties of my office to the best of my ability, governed alone by the Statutes of Utah, and without the fear or favor of any man."

"JOHN S. CHILD, Probate Judge,

Carson County, U.T."

There is a similar but longer letter of Judge Child on this and other subjects, published in the Placerville Mountain Democrat 15 Jan 1859:3. Much of it is devoted to defending himself against the charges of "Carson", published in the Sacramento Union 28 Dec 1858:1, and attacks upon that correspondent. Judge Child concludes his letter to the editors of the Mountain Democrat with these words:

"'Carson' states that he is giving publicity to facts, and that it is Mormon and anti Mormon interest in these valleys. I have been in these valleys since 1854. In 1855 we had a Mormon population within the different valleys outnumbering the Gentiles. In September, 1857, this Mormon population left this portion of the Territory for Salt Lake, and now I do not know of but one man in this valley who believes in Mormonism. As for myself I am no Mormon, and never have even been tainted with Mormonism.

"The only parties that exist here are Law and Order and Vigilante. The latter party has assumed the right of Legislative power within themselves.-- Another still more palpable falsehood is, that the men by whom this wrong is said to have been committed, have from one to three wives. There is not a man living within Carson county who has more than one wife; and as for myself, I never had one, nor am I a married man. It is a gross insult on any community to have such malignant falsehoods circulated in a respectable paper against them, especially under a fictitious name."

For other opinions supporting Judge Child's view of things, see Territorial Enterprise 1 Jan 1859:3; 29 Jan 1859:3; and 5 Feb 1859:3.

[31] Territorial Enterprise 8 Jan 1859:3.

[32] Territorial Enterprise 21 Apr 1860:2.

[33] (title page missing) Journals of the Legislative Assembly of the Territory of Utah, Eighth Annual Session, 1858-1859.

[34] Ibid.

[35] Ibid.

[36] San Francisco Herald 13 Jan 1859:2. In this letter "Tennessee" makes these observations about a matter of some controversy in Carson Valley:

"Some writer in the Sacramento Union has taken occasion to say that all those who compose what is known here as the Mormon faction in this Valley, either have from two to four wives living in various parts of the world, or are married to women who have a like number of husbands. This statement I would be very glad to contradict, but I am reluctantly compelled to admit its truth. Therefore, as these people are in possession of the offices, which they have attained by misrepresentation and fraud, it is better probably, that they be not allowed to administer here the laws of Utah, lest they do it in the manner in which I have shown it is done at Salt Lake. From the resolutions they have passed here, and the patriotic speeches they make, those who do not know what is their true character, might be led to believe that they are earnestly engaged in opposing a lawless mob, and that they desire nothing more than a just administration of the laws of their country. It is for this reason that I have endeavored to show who they are and their object. They are jealous of the increasing numbers of the Gentiles in Utah, and fearful of the power falling into their hands; knowing well the number and enormity of their own crimes, and the punishments they deserve."

[37] Placerville Observer, reprinted in Sacramento Union 17 Mar 1859:3; Territorial Enterprise 19 Mar 1859:2.

[38] Territorial Enterprise 19 Mar 1859:2.

[39] Ibid.

[40] Ibid.

[41] Ibid.

[42] Ibid.

[43] Ibid.

[44] Ibid.

[45] Ibid.

[46] Ibid.; Placerville Observer, reprinted in Sacramento Union 17 Mar 1859:3.

[47] Territorial Enterprise 19 Mar 1859:2.

[48] Placerville Observer, reprinted in Sacramento Union 17 Mar 1859:3; Territorial Enterprise 19 Mar 1859:2.

[49] Ibid.

[50] Ibid.

[51] Territorial Enterprise 19 Mar 1859:2.

[52] Ibid.

[53] Ibid.

[54] Ibid.

[55] Ibid.

[56] Ibid.

[57] Ibid.

[58] Ibid.

[59] Ibid. The name is misspelled "Mercer" in this account.

[60] Ibid.

[61] Ibid. The transcript, as published in the Territorial Enterprise 19 Mar 1859:2, follows:

WEDNESDAY, March 8th, 1859

The People }

vs. } MURDER.

John Hern. }

At a meeting of the citizens of Carson Valley, begun and held on the 9th day of March, 1859, to take into consideration the proper steps to pursue in relation to the murder of Elzy H. Knott, by John Hern, A. S. Dorsey was called to the Chair, and W. W. Smith appointed Secretary.

The following remarks were made by John S. Child:

FELLOW CITIZENS:--In August, 1858, I received the appointment of Probate Judge of Carson county from His Excellency, Governor Cumming, of the Territory of Utah, which appointment was confirmed by the last Legislative Assembly of Utah, but owing to there not being properly qualified officers to act with me in the case now under consideration, I respectfully refer this matter to the citizens of the Valley for their action through a People's Jury. Not having yet received my commission as Judge under the reorganization of the County, I will do as much as any man to see justice done by the people of this Valley, and maintain our character as a law-abiding people.

A motion was made by Wm. Cary that one Judge and two Associate Judges be appointed.

On motion of Wm. M. Ormsby, a committee of five was selected to appoint said judges.

The Chair appointed John S. Child, Wm. M. Ormsby, Wm. Cary, Richard Sides and John K. Trumbo said committee.

By a vote of the meeting said appointments were confirmed.

The committee retired and selected the following named gentlemen: John S. Child, Chief Judge, Hiram Mott, Sen. and F. M. Proctor, Associates, and B. Abernathy, Sheriff.

The appointments were ratified by the meeting.

The officers appointed entered upon the discharge of their duties, and the People's Court was opened.

On motion, the Court adjourned until Thursday, 10th inst., at 10 o'clock, A. M., to meet at Holmes' hotel.

THURSDAY, March 10th, 1859.

The Court met pursuant to adjournment.

Mr. Proctor made some remarks upon the laws of California. As it might be a case of murder or manslaughter--if they should find the prisoner guilty of manslaughter, it would be necessary to provide funds for guarding the prisoner until the June term of the District Court.

Mr. Mercer [Musser], Attorney for prisoner, defined the character of murder and manslaughter.

It was agreed to adopt the Statutes of California on points of law and definition of crime.

Mr. Proctor moved to instruct the jury to find the prisoner guilty of murder in the first degree, manslaughter, or justifiable homicide. Carried.

W. W. Smith sworn as Clerk.

The Court appointed C. Noteware and Wm. M. Cary prosecutors on the part of the people.

The prisoner being arraigned. The Clerk read the following indictment:

TERRITORY OF UTAH, SS.

COUNTY OF CARSON.

In the Court called by the People of Carson County, U. T., vs. JOHN HERN.

John Hern, you are hereby accused by the People of Carson Valley, U. T., of the crime of Murder, committed as follows, to-wit:--That on Tuesday, the eighth day of March, 1859, at Genoa, in the County and Territory aforesaid--you did wilfully, maliciously, and with malice aforethought, kill one Elzy H. Knott, at the house of one Clayton Hern, in said town of Genoa, County and Territory aforesaid, by shooting him, the same Knott, with a gun known as a double barrelled shot gun--and against the peace and dignity of the People of Carson Valley.

W. M. CARRY,

C. N. NOTEWARE,

Attornies for the People.

Prisoner pleaded Not Guilty.

The Court adjourned until 1 o'clock.

AFTERNOON SESSION

Court met pursuant to adjournment.

A large number of jurors were summoned. Some were excused by the Court,

or preemptorily challenged by counsel for prosecution or defence, when the

following persons were chosen:

R. Adams, A. L. Dorsey, P. Vansickle, I. Farwell, M. Wheeler, J. Winsters, A. Benway, Jas. McMarlin, W. H. Carey, J. A. Colburn, A. G. Hammack, and L. Miles.

The Jury having been empanelled, the charge was read by Wm. Cary. The defence pleaded justifiable homicide. Court adjourned until Friday morning, 9 o'clock.

FRIDAY, March 11th, 1858.

Court met pursuant to adjournment.

One of the jurymen, A. G. Hammack, desired to be excused, and was preemptorily challenged by the prosecution.

David Conser [Cosser] was called and qualified as a juror.

Thos. Yancy, J. Noyes, W. Francis, M. Gage, Oliver Yancy, A. James, T. Knott, A. J. Herring and M. Gage were called and sworn on the part of the prosecution.

T. Yancy called--Reside at Genoa. Was present when Elzy H. Knott was shot--was an eyewitness. My son, O. Yancy told me that prisoner had taken a bridle belonging to deceased. Elzy went to the house of defendant. I went to prevent a fuss between Elzy and prisoner, the father, T. Knott following. Elzy went in, his father following. The defendant was in the back room with a gun. Saw the defendant fire the gun. Dec'd fell alongside the back partition of the front room. The defendant was in the back room when witness came in. Dec'd was standing facing the partition door. Defendant held the gun in a position pointing it towards deceased long enough to shoot a duck. Deceased had his hand upon his hip at the time of firing. No weapon was exhibited or shown by Elzy at the time defendant fired. Heard remark made by Elzy that he did not want a fuss but the bridle. The front door was open when I went in. Did not see Elzy enter the back room. Knows the bridle--it is the same bridle that caused the difficulty. The last time I saw the bridle it was in the hands of my son. My son was working for Elzy. The bridle was lying upon the floor when I came to defendant's house. The difficulty occurred about 8 o'clock on Tuesday morning. Was hitching up the cattle when informed by my son about the bridle. Elzy was standing near the stable at the time my son informed me. The stable is about four rods from Elzy's house. Elzy started off for the bridle, saying he would have it. Elzy's wife asked me to go with him. Know not what occasioned Mrs. Knott asking me to go with Elzy. My dwelling is about 9 or 10 yards from Elzy's house. My wife and Mrs. Knott were standing together. Mr. T. Knott said to me "come on and let us settle this fuss" I said I will go up and have the bridle. My son told Elzy who had taken the bridle. Was ten steps off when Elzy made the exclamation. I thought that Elzy would have no fuss. The defendant's step-father came once before for the bridle, and Elzy gave up the bridle to him. Elzy won the bridle from defendant. T. Knott and myself were about 15 or 20 steps behind Elzy when he got to defendant's house. Saw Elzy stoop down in front of the house--did not see him pick up anything. Elzy was about a minute at the door before he went in. Mrs. Hern, the prisoner, the two children and Elzy only were present. The size of the room is about 14 feet. Elzy was about 5 or 6 feet from the front door. Heard the report of the gun while I was in the room. T. Knott was present with me. Saw the shot fired by defendant. Was standing at the right side of Elzy, and T. Knott was on the left at the time of firing. Defendant's mother was present at the same time. Mr. T. Knott and I requested defendant not to shoot. (Position of room shown to jury.) Elzy generally carried a pistol. I saw the reins of the bridle upon the floor when I went into the house.

T. Knott called.--Reside in Genoa. I am the deceased's father. I was present and saw the whole difficulty. On Tuesday morning, about 8 o'clock, I was sitting at the table in my house when Elzy and his wife came in. Elzy said he was going to Hern's house after a bridle. Elzy said he would have the bridle or whip the whole family. Elzy's wife requested him not to go. I told Yancy to go and stop the fuss, and went with Yancy to Hern's house. I was 2 or 3 rods from the house when Elzy got to the gate. I saw Elzy stoop down, and then go into the house. I ran into the house and saw prisoner have a gun in his hand. My son was standing near the centre of the room. I think I asked defendant not to shoot. Defendant held the gun raised a long time. I did not think from that he would shoot. Defendant fired. I caught Elzy in my arms and laid him on the floor. I took the gun, it was unloaded. Mrs. Hern was not near to Elzy. She exclaimed, "O, Mr. Knott, Mr. Knott!" Was very much agitated. Elzy did not show any attitude towards Mrs. Hern to cause fear. As I entered the door my son was fronting the door, perfectly still. Although he had a pistol about him he made no attempt to draw it. My son was fronting prisoner. Mrs. Hern was upon the right hand. I heard not a word as I entered the door. I was 4 or 5 rods off when I heard a scream. It was not a half a minute after I heard the scream before I entered the house. I halted when I saw my son enter the door. His pistol was not in a belt but inside of his clothes. When the boy came up to the stable, Elzy's wife was there milking. My son brought the bridle with him when I saw him at Placerville. I knew how my son came by the bridle.

J. D. Noyes called.--I know the bridle. The first time I saw it defendant brought it to the Station to sell or play it off. There was only the bridle and bit. The bridle was not put up at that time. In the evening Elzy Knott and J. Thornton came in while defendant was there. I was not in the Station when the prisoner came. I was there when Elzy took away the bridle. Elzy said he had played for that bridle once--it was his. I advised him not to take it. In the evening Elzy took away the bridle. The prisoner was coming out of the house when Elzy took the bridle away. The reins was not connected to the bridle at the time. The reins were brought to the house by Allen.

John Franks called.--Reside at Genoa. I know the bridle--it was brought to the Station to play "freeze out" for. There was no reins to it. Elzy came in the evening with J. Thornton [Thorington]. I asked them if they wanted to "freeze out" for the bridle. I showed the bridle to them, and they asked who the bridle belonged to. I told them to John Hern. Elzy went away, but returned in the evening and claimed the bridle. Prisoner was there. They played for a bridle rein. Prisoner left, saying, "I'll see you will not get that bridle--I'll get even with you." After prisoner had left C. Hern came in, and Elzy took the bridle away. C. Hern called me one side and claimed the bridle as his, saying he would have it. I never spoke to Elzy about it since. I thought it was all over. On Tuesday I saw Mrs. Knott going to the house of prisoner and heard a gun fired. I saw T. Knott come out of prisoner's house and come to Elzy's wife. Saw prisoner running and Kentuck fire twice at him. I went into the house and found that Elzy was dead. I then went after prisoner and assisted in catching him. When the reins were played for they were not attached to the bridle. The bridle was left first about 3 or 4 weeks ago at the Station. When Elzy came into the Station and claimed the bridle, I advised him not to take it until John Hern came.

Oliver Yancy called.--(He is about 9 years old, and answering satisfactorily in regard to the nature of an oath, was qualified.)--John Hern came to me out to the pasture, about half a mile from town, and demanded the bridle, threatening to shoot me. He pulled me off the horse, took the bridle off the horse, and put on the horse an old rope, and then put me on the horse again, saying if I or anybody else came after the bridle, he would shoot us. John Hern had a pistol and knife around his body--had on no coat, but a white shirt. I was riding E. Knott's horse at the time, and John was walking. The bridle here is the same.

B. W. Cherry sworn.--After I came from over the mountains, C. Hern said to me that Elzy Knott had taken a bridle of his, and he would have it. I told Hern that Elzy had won it from prisoner, and Hern said if John had lost it Elzy could have it. This was before Elzy got the bridle the second time.

M. M. Gage called.--I know the bridle. It was won from defendant by Elzy Knott at the store of John S. Child. Elzy won $15, and prisoner gave him the bridle for the debt. I did not see it delivered, but heard Elzy say he got the bridle. I know it is the custom here for owners to take their property wherever it can be found.

James M. Herring recalled.--It is the custom of Elzy Knott to carry weapons. I became acquainted with him in September, 1854.

Here the evidence for the prosecution closed.

Statement of prisoner.--I and E. Knott was playing cards--first played for two bits worth of candy. We played on until it amounted to $5, when we played for the $5. We were 6 and 6 and did not finish the game. Next day Elzy took the bridle from my brother, saying he had won it for $12. I wished to get it, but mother would not let me and told me to wait until uncle came home. I took the bridle to the Station, with the permission of my uncle, to play it off for $12. Elzy was there and claimed it. I never had an opportunity before to get the bridle until Tuesday. When I took it from the boy, I put a rope on the horse, and the boy rode away. I only had a knife with me at the time, and generally use it for a pocket knife. The boy rode home and told Elzy, who came to my house. I was taking off the reins when he came. Mother made me go into the house. I shut the back door and put a box against it. Elzy ran in under my mother's arms and advanced towards me. I had a gun in my hand at the time. My mother when he asked for me, said if he wanted anything to talk to her.

Clayton Hern sworn.--My name is Clayton Hern. I am 28 years old, and reside at Genoa; have lived here since last fall. I know the prisoner, he is my brother's son, and is my step-son, I having married my brother's widow about 9 months ago. The boy is under my control and guardianship. I know the bridle. When I came over the mountains, my wife told me about the bridle. I went to Child's and saw Cherry, who said Elzy Knott had my bridle. I thought he had taken it for some bran I owed him for. I went to Elzy and asked him for it, and he said if I would loan it to him he would return it when he came from over the mountains. I consented and he gave it to me afterwards. I let prisoner have the bridle to play off for $12. Elzy claimed it and took it away from the Station. I was there when he took it away, but had no conversation then. I never knew about it until after prisoner got the bridle from the boy. On Tuesday morning I was up in a canon, behind the house, when I saw people running to my house. I ran down and met prisoner who told me he had shot Elzy. I went in and found Elzy laying with his feet at the second door, between the two rooms. (Position of the room shown to the jury.) Saw some shot marks in the front window casing and through the glass. I own the house. Myself, wife, prisoner, his sister and brother lived there at the time of the killing. I was about half a mile from the house at the time. The body lay on an angle with the middle door. There were marks of blood about four feet from the door, on the wash-board. When I called on Elzy for the bridle he offered to give me lumber or slabs for it. I refused. When I was at the Station I knew he had taken the bridle, but said nothing to him, and the reason why I did not speak was that I wished to avoid a fuss. I stated to Murphy that the bridle ought to be worn out on Elzy. I do not claim the reins.

M. McSherry sworn.--Reside at Genoa, and know prisoner and Elzy Knott. I was in my house when I saw some men and women running towards prisoner's house. I ran up there, and in 4 or 5 minutes I went into the house and saw Elzy laying on the floor. He lay with his feet towards the partition, about two and a half feet or less from the middle door. I saw marks of blood on the casement of the front window, and marks of blood near the centre of the room on the casement, about three feet from the door. The body lay there about 12 minutes. My house is about 700 feet from prisoner's house. Saw Mrs. Knott, Mrs. Taylor, John K. Trumbo and T. Knott at the house when I came in. I will not be positive in my evidence. Mrs. Hern sworn.--The prisoner is my son. My husband has the guardianship of the boy. The prisoner went and got the bridle. When Mr. Hammack came in prisoner cut the reins off the bridle. When prisoner saw Elzy coming I told prisoner not to reply to Elzy, but to remain in the house. I laid the reins on a chair near the door. Elzy came to the front door, which was ajar. I told him not to come in, but he rushed in past me, and snatching up the reins struck me twice with them. I tried to prevent him from coming in, he demanding to see prisoner, saying he would get him or die. Elzy struck me with his fist on the bosom. I was standing by my son, and he had a gun in his hand at the time. The gun went off, and at that time T. Knott came in, caught him in his arms, and eased him on the floor. Elzy did not show any weapons. I was right before him when he was shot. I caught him in my arms as he fell. I said to Elzy, as a gentleman I ask you not to come in. I saw nothing hurried in prisoner's manner. Elzy fell near the middle door, facing against the wall. Prisoner pushed away the wood box from the back door after firing and fled. I know not when the gun was loaded, but I know that my son said he would go hunting. I know not if both barrels were loaded. I was anxious to prevent any difficulty, and Elzy appeared very resolute, asking if John Hern was in the house, saying "I will have him or die." Prisoner said nothing during the fracas. I held the door when Elzy came to it, and he pushed the door open, I resisting and requesting him to desist, but he forced his way in. Elzy was half way to the house when I saw him coming. He looked angry when he came to the door. The reason why I expected a fuss was on account of the affair of the bridle. I know that T. Knott nor Yancy was not in the room at the moment of shooting.

James M. Herring called.--Reside at Genoa. I know prisoner and deceased, Elzy Knott. I saw Elzy going from his house to the house of defendant, and T. Knott and T. Yancy behind him. The last time I saw Elzy he was dead-- from the nature of the wound, I believe it was from a gun loaded with 7 bullets or buck shot. On Tuesday looked out of the window of the mill and saw Elzy start towards prisoner's house. I asked Mrs. Yancy where Elzy was going. She said after a bridle, at prisoner's house. I started after the parties, Elzy's wife ahead. I saw prisoner start from the house. T. Knott had a shot gun in his hand--he raised it to his shoulder, when the mother of prisoner took the gun from him. I shot at prisoner. Prisoner ran back and got the gun, but it was taken by his mother and thrown over the fence. When he was about 100 feet off I fired again. Prisoner was running when I first saw him. I started in pursuit of prisoner and assisted in catching him. I know the bridle--think it belonged to Elzy--the reins were his property. I was not armed at first but went to my room, armed myself, saying, if there is a fuss I will have a hand in it. After Elzy had taken the bridle the second time, said he had taken it away from prisoner. At the time Elzy gave up the bridle to C. Hern, I heard of the circumstance. I heard no threats made by Elzy. Elzy said prisoner had given up the bridle once, and he had given it back to C. Hern, and as prisoner had afterwards brought it to the Station to play it off again, he would have it. I have known prisoner about 5 months. He carries a small dirk knife all the time, though I never saw him use it. His knife is carried in a case or sheath.

The Court adjourned to 1 o'clock.

AFTERNOON SESSION.

Court met pursuant to adjournment.

Elisha Allen sworn.--I made the reins of the bridle. I was present when defendant brought the bridle to the Station to be played for. Elzy said, "I won the bridle before, and it is mine and I mean to have it." Defendant said, "It is not my bridle." Afterwards defendant said to me that he had not got the bridle from Elzy, but would have it or kill Elzy for it.

Orrin Gray sworn.--I know the head stall. Last fall defendant and E. Knott played cards. Elzy won $15 from defendant, and proposed to defendant to take the bridle for the $15. Defendant said he would let Elzy have the bridle, and I saw Elzy have it a day or two afterwards. I understood that C. Hern claimed the bridle, and that Elzy gave it up.

John Franks recalled.--Defendant told me he had the bit of the bridle made by a blacksmith for $6. Defendant told me he shut the back door of his house and bolted it, when he saw Elzy coming, and placed a box against it. That he could not get out, and either had to take a whaling or shoot Elzy. I have talked about the matter since my previous examination--in presence of at least one juror.

J. A. Talbott sworn.--Heard a noise at the back of the town, ran up and entered prisoner's house; found Elzy Knott lying upon the floor of the front room, with his face turned towards the partition wall. I felt his pulse, saw his lower jaw fall, and life become extinct. I then got a pillow

from a bed in the same room, and assisted in removing the body more into the middle of the room, placing the pillow under his head, his feet being about two feet from the middle door diagonally across the room.

C. Hern Jun. sworn.--I was present at the time Elzy Knott was shot, in the front room. Mother met Elzy at the door and told him not to come in. John had nothing to say to him. Elzy seized the bridle reins and struck mother. He tried to come to John, but mother prevented him. I saw John near the middle door; ran towards him. When John fired there was a box placed at the back door to prevent Elzy from coming the back way, which John removed when he ran. I had hold of Elzy when he fired. I heard John say he feared Elzy and would keep away. He cut off the bridle reins by prying open the rings with a knife, and was about a minute about it. Mother laid the reins by the door.. I am 15 years old. When I saw Elzy coming, he was about half way to the house. John commenced taking the bridle reins off the bridle before he saw Elzy. I had hold of his overshirt at the back. My sister was in the room. Neither T. Knott or Yancy was in the room at the time John fired. I saw John get up from the stove before I caught hold of Elzy. The box was level with wood at the time John pushed it against the door. I do not know if both barrels of the gun were loaded. Elzy said he would have John or die.

Helena Hern sworn.--I was in the house at the time of shooting, with John, Clayton and mother. John was going hunting. Mother jumped against the door and tried to keep Elzy from coming in. Elzy was near the left side of the middle door when the shot was fired, and John then went out and turned round and came back into the room. I was in the back room when the firing took place. When the door was opened I looked in and saw Elzy just coming in. I squatted down, when John fired over my head. There are cracks in the partition between the rooms.

T. J. Atchison sworn.--I was at the house on Tuesday morning. I did not hear the shot. Elzy was lying near the middle door, with his feet near the door. I saw blood about four feet from the middle door. I saw a pistol on Elzy; it was taken by T. Knott. I saw a bloody pillow on the floor. His head lay quartering towards the middle door. I never knew prisoner to be quarrelsome. I have heard that he was too fond of gambling as a boy.

J. D. Noyes recalled.--I was in the blacksmith shop on the main street at the time of firing, and looking out saw T. Knott come out of defendant's house and advance towards Mrs. Knott. From the time of the report to seeing T. Knott it was about 2 or 3 seconds. I saw a man standing close to the steps of defendant's house, but did not know him. I heard screams and ran to the house. It may have been that 10 seconds might have elapsed after the firing before I saw T. Knott. I was close to Singleton's house when I heard the second report. The body was lying upon the side very near to the middle door.

T. J. Singleton sworn.--I was at the house a few minutes after the affair. Elzy was lying close to the wall, with his feet towards the middle door. Prisoner generally bore a peaceable character.

Stephen Kinsey sworn.--At the time of the affray I stood in a position commanding a view of the house. I heard a shot fired and immediately after saw T. Knott standing in prisoner's door. I heard screams. I saw no other person there at the time, but saw a woman on the way who fell down.

Here the defence rested the case and the Court adjourned until Saturday, at 9 o'clock.

SATURDAY, March 13th 1859.

Court met pursuant to adjournment.

The speech for the prosecution was opened by C. L. Noteware, who defined to the jury the different degrees of murder, homicide, &c., and in a brief and lucid manner dissected the evidence adduced before the jury, and was followed by John J. Mercer on the part of the defence in the most admirable manner, following every portion of the evidence link by link, placed it before the jury in a manner so masterly as is seldom witnessed in a court of justice. He alluded to the distance we were from all legal redress--surrounded by mountains almost inaccessible--divided by a distance of nearly 800 miles, which would have to be traversed over almost impassable deserts, before we can obtain a hearing through the judicial tribunals of the country--and as a consequence there was none other but that of the people to try the case. He closed his speech with an eloquence that elicited the sympathies of all persons present.

The prosecution asked the Court to instruct the jury:--If you find that the deceased was entering the house of defendant for the purpose of regaining property of his own, which he had reason to believe was secreted therein, that this act of entering the house was not unlawful and cannot be construed into an act of assault upon the habitation of its inmates, provided the entrance was not accompanied with threats or demonstrations of violence-- you should find the prisoner guilty.

The following instructions to the jury were offered to the Court:

Defendant asks the Court to instruct the jury that if they find from the facts that deceased entered the house in a rude, violent or threatening manner; or having been forbidden entrance by a proper party, then they must acquit the defendant of murder in the first degree.

Defendant asks the Court to instruct the jury that if they find from the facts the deceased was the assailant, and the defendant acted under a reasonable fear of bodily injury or harm when he fired the gun, they must find the prisoner not guilty. And instruct the jury that mere words do not justify the killing.

The Court charged the jury, defining the laws against murder, homicide, &c., and gave them the following instructions:

"If in your deliberations you should find that the deceased entered the house of Mr. Hern for the purpose of regaining property which rightfully belonged to the deceased, and which he had good reason to believe was secreted therein; that in the absence of law he had a right so to do, and

that the act of entering the house under such circumstances cannot be construed into an assault upon the habitation or its inmates, provided the entrance was effected unaccompanied by threats or demonstrations of violence upon the inmates; or having demanded the property of those having it in possession, you should find a verdict of guilty."

The jury retired and the Court adjourned.

SUNDAY, March 14th, 1859.

Court met. The jury came into Court with a sealed verdict. The Clerk having polled the jury, opened the verdict, read as follows:

"We the jury find the prisoner Not Guilty."

The Court adjourned.

There being some dissatisfaction expressed at the decision of the jury, a meeting of the people was called immediately after Court adjourned. Wm. M. Cary was elected President of said meeting.

Mr. T. Knott offered the following resolution. "Resolved, that the people shall keep in custody the body of John Hern until the next term of the District Court," which question on being put to the meeting was lost-- Ayes 15, Noes 17, and the meeting adjourned.

The prisoner, being discharged, immediately left town.

[62] Territorial Enterprise 19 Mar 1859:2.

[63] Ibid.

[64] Ibid.

[65] Ibid.

[66] Ibid.

[67] Ibid.

[68] Ibid.

[69] Ibid.

[70] Ibid.

[71] Ibid.

[72] Ibid. According to Thomas Knott, in a letter to the Sacramento Union 24 Mar 1859:4, the vote was sixteen for and seventeen against, and the trial jurors were allowed to vote at the meeting.

[73] Territorial Enterprise 19 Mar 1859:2.

[74] San Francisco Herald 25 Mar 1859:3.

[75] Sacramento Union 24 Mar 1859:4. The full text of the article and letter follows:

"(We have received from the father of young Elzy Knott, who was recently shot by a young man named John Hern, at Carson Valley, the following letter. Under ordinary circumstances we should have suppressed a portion of the account; but from deference to a father's feelings, we publish it agreeably to his request, although the prominent facts have already been referred to by us.-- EDS. UNION.)

The Shooting of Knott

GENOA, Carson Valley,

March 17, 1859.

"MESSRS. EDITORS: I beg leave to insert in the columns of your valuable paper an exact narrative of a murder trial, which occurred in this town in the latter end of the preceeding week. Although the unhappy victim of the murderous deed was a dear son of mine, who has left behind a disconsolate wife to mourn his loss, and although my heart is torn with the extreme pangs of sorrow, yet I must confess that these feelings do not overrule my reason nor inspire me with the contemptible desire of revenge; but I write this purely with a wish that truth may not be disfigured with the here prevalent spirit of an intense party, and that people who are remote from us may impartially judge whether our Court here (not a legal one) has rightly acquitted the criminal from all offense.

"The testimony I bear to the following statements is based upon my own personal knowledge and observation, before, at the time, and after the murder was committed. My testimony was corroborated in Court by the testimony of another eye-witness. It was partially confirmed by other witnesses, and it was pledged by the sanctity of an oath.

"On the 8th inst., Elzy Knott was maliciously, with premeditation, and without a just cause, murdered by John Hern, with a double-barreled gun loaded with buckshot. The precedents of this fatal occurrence were as follows: John Hern had lost fifteen dollars in gambling with Elzy Knott. In compensation of his debt, he offered to Elzy a bridle, not worth fifteen dollars but which Elzy accepted. Peter Hern (John's stepfather), who was in California at the time his boy gave away the bridle, having returned, reclaimed the bridle from Elzy, on the ground that it was not John's but his. 'If the bridle is yours,' said Elzy, 'you may have it; but if John's, I will have it again.' Subsequently to this, one evening, John Hern took the same bridle to a place called the Old Station, where some importers of goods actually reside, and left it there for a gambling prize, with the assent of his stepfather, who told him that, if he could get twelve dollars for the bridle, he might let the boys gamble for it. The same evening, Elzy Knott went to the Station, and was invited to play for a bridle. Elzy wanted to see it, and after examining it, asked who brought it there? 'John Horn,' was the reply. 'Did John say that it was his bridle?' asked Elzy, again. 'Yes,' was the answer. 'If the bridle is John's,' said Elzy, 'I will take it, I won it once.' Upon this, a man of the Station remonstrated with Knott, and requested him to wait until John Hern came. Elzy returned, later in the evening, to the Station, when John was there, and in his presence took away the bridle with him. The boy then went home, apprised his father of what had happened, and both went to the Station. The father made no remonstrance, but the boy, according to some evidence in Court, said that the bridle would cost very dear to Elzy; and, according to some other witness, that he would take it back, were it to cost Elzy's life. So the matter remained until the fatal morning of the 8th inst., when a little boy, by the name of Oliver Yansey [sic], mounted one of Elzy's horses, in order to drive his cows. The headstall of the bridle on the horse was that taken from Horn, and the reins had ever belonged to Elzy. According to the little boy's testimony in Court, John Hern stopped him, whilst riding on horseback, by threatening to shoot him if he did not stop; then took both headstall and reins, tied a piece of hair rope to the horse, and left the boy with a declaration that if he or Elzy went back for the bridle he would blow out their brains; the little boy brought the horse home and acquainted Elzy with the fact; Elzy started immediately for Horn's house; which is situated but a short distance from his; Elzy's wife requested Thomas Yansey (Oliver's father) to go and see to the matter; then I started too; we arrived at the house before the gun was fired -Yancey being a little ahead of me; on entering the house we saw the reins detached from the bridle and laid on the floor near the front door; we saw Elzy standing in front of the middle partition door, which faces the front door, with his left hand on his hip and the right hand somewhat lower down; I had heard him say before going to that house, that he would whip Horn's family or have the bridle, and on entering the house before I arrived Yansey heard him say that he would have no fuss, but only recover his bridle. We saw Mrs. Hern standing in the front room behind Elzy, at the left corner of the room; we saw in the same room her youngest son; lastly, we saw John Hern standing a little behind the middle partition door, opposite to the front door, with a gun in his hands aiming at Elzy so long that I almost thought he would not shoot. Whilst the boy pointed the gun at Elzy, he (Elzy) did not draw out the pistol which he usually carried with him, and which was afterwards found on his belt behind, nor had he any weapon of defense in his hands, but remained in the aforesaid position until he fell. I cried out to the boy not to shoot, and just then he fired. I was then within three feet of my son and assisted him in his fall. At that moment I was almost frantic with grief, and ran to the door to see if Elzy's wife was coming. (It was then that Messrs. Norris and Kinsey, as they deposed in Court, saw me coming out from the front door of the house almost instantly after the report of the gun was heard.) I then went back out to see if my son was dead; then went out again to meet Mrs. Knott; returned to the house, seized the gun dropped by the murderer, ready to pursue and shoot him; but in the gun there was a load and no cap. The murderer, however, was followed by other men, one of whom shot at him with a pistol twice and he then surrendered himself.

"This is the true narrative of this melancholy event, which myself and another eye witness have deposed to upon oath, and which other witnesses have in its various parts, confirmed. From the simple intelligence of the particulars of this fact, two conclusions can be easily drawn: first, that the murdered man had no design of offering violence or aggression to any one of Hern's family, for he did not even draw out his pistol when his imminent danger of life seemed to require it; the second conclusion is, that the murderer perpetrated the deed with full malice, premeditation and without a just cause -- since Elzy said in the house that he would not have a fuss but simply recover his bridle -- and in the meantime the boy was ready to shoot him. If Elzy went into Hern's house in spite of Mrs. Hern's remonstrances, as she deposed in Court, he followed, in so doing, a custom which, as it was attested to in Court by Mr. Gaige, seems to exist here, namely: that when an individual is robbed of his property -- there being no law, no authority here to which to apply for its recovery -- he goes to recover it himself wherever he can find it. So have acted in more than one case, various persons, even some of those who are interested in this case, who, in default of payment by a person went to his house, broke the lock, forced their entrance, and took away a box of tools, which they afterwards sold for their own indemnity. In conclusion, the facts narrated here clearly prove malice, premeditation and a want of just cause on the part of the murderer. The verdict, then, of acquittal was entirely contrary to justice and humanity. The jury, have partially rejected my evidence because it was in conflict with Mrs. Hern's evidence; but yet my evidence was invincibly corroborated by three other witnesses, one of whom was along with me when the murder was committed, and the other two saw me come to the front door immediately after they heard the report of the gun. Mrs. Hern's evidence, on the contrary, was confirmed by her own little children alone, and in some points only, for in some others their evidence was incoherent. But admitting that the two opposite evidences had an equal force, there was no reason for receiving one and rejecting the other. The falsehood of one of them should have been cleary [sic] and unquestionably established. But this was not done, and only a decision hurried in favor of innocence, so I had a right to ask for another trial. But these were not the only motives for this demand. I had, moreover, the following reasons:

"1st. The Court was not a legal one, but merely a people's convention; therefore it could not pass a definitive sentence without appeal in a case of such supreme entity as that in which the life and death of a criminal is concerned.

"2d. A great disparity in the ability of the lawyers employed was plainly visible. The counsel for the defendant being well experienced in his profession, and the lawyers for the prosecution having never pleaded a case of the kind before.

"3d. Some one of the jurors had not kept the secret of the verdict, for before it was read in Court, Hern's family were apprised of it, and from them it was made known to some persons in town.

"4th. Again, one juror signified to some persons that he firmly believed my evidence to be true; and contrary to his belief, declared the murderer innocent.

"5th. I had just reason to believe that the Vigilance party had exercised their influence in this case; because my son, Elzy, was strongly opposed to them; because some of their most influential men had expressed themselves in strong terms against him; because the criminal had asked to be tried by the Vigilance Committee, and the Court was composed principally of them; lastly, because, before the reading of the verdict in Court, some of the officers informed Hern's family that they would escort the boy to Eagle Valley for his safety.

"6th. When the people were called to vote on the motion of a new trial, the jurors were against all right permitted to vote; and even so, the votes in favor were 16, and those against, 17.

"My petition, however, of a new trial was objected to on the ground that my reasons were not previously proposed, and the right tribunal not chosen at first. If the objection was good, a man should relinquish the pursuit of his rights every time that he does not take the right course for the first start. It is thus that I, an aged father, and a poor desolate wife, are left to mourn the loss of one of our dearest intimates, without any alleviation of grief from human justice. There is no doubt but that the rights of justice and humanity have been this time sacrificed to the malignant spirits of party, As long as this small community is distracted by internal divisions, it is impossible to expect an impartial decision in any case whatsoever. The Vigilance Committee was here organized for the purpose of protecting life and property, and now it proves itself detrimental to both. Two murders have already been committed in cool blood, and both criminals have escaped with impunity. We hope that our Governor will soon put an end to our evils, by establishing law with energy and force. When that will be accomplished, these beautiful valleys will become the favorite resort of our California neighbors. But for the present, I fervently request our California brethren not to assist in any way the murderer who may seek refuge in that illustrious State. I have caused already to be printed, a notice of a reward of $500, which I will pay to any one who shall apprehend the murderer of my son, and keep him in custody until I obtain an order of trial from the Governor of this Territory.

"John Hern is about eighteen years of age, about five feet five inches high, spare built, very large and prominent eyes, brown hair and dark complexion.

"My object in all this is to prevent crime, to redress wrongs, and to exalt justice.

Respectfully yours, T. KNOTT."

[76] Ibid.

[77] Angel, History of Nevada, p. 37.

[78] Ibid.

[79] "First Records of Carson Valley, Utah Ter 1851" in Nevada Historical Society Quarterly IX/2-3.

[80] Territorial Enterprise 28 May 1859:2.

[81] Ibid., p. 3. Trumbo's accomplices, according to Thomas Knott, were John F. Whitney, John Rondo, Miles Reese and two others.

In a letter published in the San Francisco Herald 9 May 1859:3, "Tennessee" predicted that the grist mill would almost certainly be the subject of a law suit when Judge Cradlebaugh opened the term of the U.S. District Court at Genoa. In a later letter published in the Herald 22 May 1859:3, "Tennessee" described the occupation this way:

"No notice at all was served upon the defendant, Mr. Knott, who was out of town, but the plaintiffs procuring the services of a couple of axes, to act as lawyers, soon demolished the mill doors, after which a dozen muskets for jurymen, projected their mouths from the windows, and announced a verdict for the plaintiffs. Mr. Knott arrived only in time to except to the proceedings.

"As the friends of both the parties to this suit are quite numerous, and about equal in strength, it was expected by some that a war would be commenced which would end like that of the Kilkenny cats, in the total destruction of both."

[82] Territorial Enterprise 28 May 1859:2.

[83] Ibid.

[84] Ibid.

[85] Ibid.

[86] Ibid.

[87] Ibid.

[88] Ibid.

[89] Ibid.

[90] Ibid.

[91] Ibid.

[92] Ibid.

[93] Sacramento Union 1 Jun 1859:2; Territorial Enterprise 4 Jun 1859:2. Angel, History of Nevada, p. 343, gives the date of Jessup's demise as April twenty-ninth, 1859.

William Sides was the younger brother of Richard D. Sides, one of the principal men on the Vigilance Committee. "Tennessee" suggests in a letter published in the San Francisco Herald 9 Jun 1859:3 that William Sides was also an active member in the Vigilance Committee, and states it openly in the Herald 16 Jun 1859:3.

[94] Territorial Enterprise 4 Jun 1859:2; Angel, History of Nevada, p. 552.

[95] Territorial Enterprise 4 Jun 1859:2. According to Angel, History of Nevada, p. 553, Jessup made the first assault in the fight.

[96] Ibid.

[97] Ibid.; Sacramento Union 1 Jun 1859:2.

[98] Sacramento Union 1 Jun 1859:2.

[99] Territorial Enterprise 4 Jun 1859:2. The sources do not speak with a single voice on the names of the judges. The Sacramento Union 1 Jun 1859:2 has an article in which C.N. Notman [sic] figures as Chief Judge with J.L. Carey and J.A. Osborne as assistants; while Angel, History of Nevada, pps. 552-553, states that J.L. Cary was the Chief Judge of the People's Court and in his absence, A.G. Hammack was appointed. When the Court opened on June seventh, 1859, the report published in the Territorial Enterprise 11 Jun 1859:2 has J.A. Osborn presiding, with H.F. Pierce and G.W. Hepperley as Associate Judges. For more variety, a telegraphic dispatch to the San Francisco Herald 8 Jun 1859:2 has J.M. [sic] Ormsby as Chief Judge with H.F. Purse [sic] and G. Whipperly [sic] as Associate Judges in the session of the People's Court held June sixth, 1859.

[100] Territorial Enterprise 4 Jun 1859:2; Sacramento Union 1 Jun 1859:2. Angel, History of Nevada, p. 552 says that Tyler and Mark Stebbins managed the case for the prosecution, while Musser and F.M. Proctor were attorneys for the defense.

[101] Territorial Enterprise 4 Jun 1859:2.

[102] Ibid.

[103] Ibid.; Sacramento Union 6 Jun 1859:2.

[104] Territorial Enterprise 11 Jun 1859:2.

[105] Ibid.; Sacramento Union 8 Jun 1859:2.

[106] Territorial Enterprise 11 Jun 1859:2.

[107] Ibid.

[108] Ibid.

[109] Placerville Observer, reprinted in Sacramento Union 29 Aug 1859:2.

[110] Sacramento Union 8 Jun 1859:2; San Francisco Herald 8 Jun 1859:2; 16 Jun 1859:3.

[111] Of those whose names were identified with the "Vigilante" faction, William Ormsby, L.B. Abernathy, W.B. Wade, John L. Cary, Dr. B.L. King, Chauncey Noteware, Theodore Winters, J.J. Musser, F.M. Proctor, A.G. Hammack, Wm. Sturtevant, John K. Trumbo, G.W, Hepperley, A. Curry, J.A. Osborn, John F. Long and George Chedic were active in the 1859 territorial movement.

L.B. Abernathy, Theodore Winters, A.G. Hammack, Wm. Sturtevant, Jacob Rose, Emanuel Penrod, G.W. Hepperley, A. Curry and J.A. Osborn had mining interests during the same period.

[112] Wright, William [Dan DeQuille], The Big Bonanza: An Authentic Account of the Discovery, History, and Working of the World-Renowned Comstock Lode of Nevada Including the Present Condition of the Various Mines Situated Thereon -- Sketches of the Most Prominent Men Interested in Them -- Incidents and Adventures Connected With Mining, the Indians, and the Country -- Amusing Stories, Experiences, Etc., Etc. and a Full Exposition of the Production of Pure Silver, Thomas Y. Crowell Company, New York: 1876, pps. 40-42.

[113] Territorial Enterprise 10 Sept 1859, reprinted in San Francisco Herald 19 Sept 1859:1; Angel, History of Nevada, p. 64. Under Utah Territorial statutes, the Probate Judge could convene the Probate Court by himself, but the participation of the three County Selectmen was required for the County Court.

[114] Angel, History of Nevada, p. 64.

[115] Ibid., p. 42.

[116] Ibid., p. 64.; Records of the Carson County Court held in the Nevada State Archives, Carson City.

[117] Ibid.

[118] Ibid.

[119] Angel, History of Nevada, p. 64. The Records of the Carson County Court in the Nevada State Archives show one other 1859 case, that of People v. George Dittenrider.

[120] Angel, History of Nevada, p. 64.

[121] Territorial Enterprise 15 Oct 1859, reprinted in San Francisco Herald 21 Oct 1859:2.

[122] Angel, History of Nevada, p. 64. Angel gives the precincts as Carson, Gold Hill and Walker River. The returns published in the Territorial Enterprise 15 Oct 1859 and reprinted in the San Francisco Herald 21 Oct 1859:2 show only two precincts: Genoa and Gold Hill. There is a slight discrepancy between this version of the election results and that given by Angel.

[123] Ibid. The votes of each precinct are unanimous, or nearly unanimous, for a slate of candidates. The unanimity of the voting was marred only by candidates R.M. Anderson, S.W. Sullivan, R. Abernathy and J.M. Henry, who each received a single vote. R. Abernathy may be the same person as L.B. Abernathy.

[124] Ibid.

[125] Ibid.

[126] "Drixley" or "Drexley" is probably L.P. Drexler.

[127] Territorial Enterprise 15 Oct 1859, reprinted in San Francisco Herald 21 Oct 1859:2; Angel, History of Nevada, p. 64.

[128] Ibid.

[129] It is not clear whether Genoa and Carson had separate precincts, or constituted one precinct -- see note 122.

[130] Territorial Enterprise 15 Oct 1859, reprinted in San Francisco Herald 21 Oct 1859:2; Angel, History of Nevada, p. 64.

[131] Angel, History of Nevada, p. 64.

[132] Records of the Carson County Court in the Nevada State Archives at Carson City. Angel notes that "None of the parties elected accepted the positions they were selected to fill."

[133] Angel, History of Nevada, p. 65. James White was also appointed a Road Commissioner in April, 1860. See also the Records of the Carson County Court in the Nevada State Archives for the bonds and oaths of these appointees.

[134] Ibid.

[135] Territorial Enterprise 10 Mar 1860:2. Col. Williams prefaced the quoted passage with this attack on the system of government of Utah Territory:

"As some appointments have lately been made, and some exclusive grants given, by John L. Childs [sic], lately elected by the Utah Legislature Probate Judge, of Carson County, we cannot refrain from alluding to the validity of the source from whence those grants and appointments emanated.

"In the first place it is a fact well known to all the Gentile population of Utah Territory, that the special powers of the Probate Court is what may be termed a creature of the Mormon Legislature of Utah, manufactured for the sole and exclusive purpose of adjudicating cases which might occur between 'the chosen of God,' i.e. the Mormons and the Gentiles; and for the purpose of confering unusual privileges upon the initiated members of the Mormon church. It is merely an institution gotten up by the Mormon leaders for a blind for their plundering acts, disguised, however, by enough legal tinsel to mislead the unwary or superficial seeker after redress.

"In the organic act creating the Territory of Utah no such powers are confered upon the Probate Courts, as has been exercised by them. In Section ninth of that act it is expressly declared that the jurisdiction of the several Courts shall be as limited by law. Dare the advocates of the adoption of the Mormon statutes is the legal practice of Utah assert, that, the extraordinary powers confered upon the Probate Courts should be dignified by admitting that they are within the limits of the law? Are they not aware that any Legislative enactments which is contrary to the Constitution of the United States, and the tenor of the organic act, is null and void? Did not Judge Cradlebaugh but a few months since, in his charge to the Grand Jury, expressly enjoin upon them the importance of discarding much that was incorporated in the Utah Statutes as it had no legal precedent? Did he not in all his rulings ignore all provisions of the statutes which were in contravention of the fundamental principle of common law? Did not the entire bar at that time acknowledge the validity of the argument? Are not all these facts potent? If the Probate Court is the great tribunal that some pretend it is why did it not transact some business while Cradlebaugh was here? Simply because some of its pretended powers were in danger of being ventilated and stripped of their extraneous adornings.

"The Probate Courts of Utah are very cunning devices. Yield obedience to their mandates and an arbitrary and domineering tone is assumed. Resist their pretensions and they soon subside to their original insignificance. For instance, during the sittings of the U. S. Supreme and District Courts in Salt Lake Valley, the Probate Courts there were suppliants at the throne of grace. After the departure of Judges Sinclair and Cradlebaugh, the associates of Judge Eckles, knowing that no appeal to the Supreme Court could be acted on for some time, owing to their absence; the Probate Courts thought that a fine opportunity for charging their tactics; and in the case of Brigham Young vs. Chas. A. Perry & Co's. store, refusing an appeal to the U.S. District Court. Arrogating to itself the sole right to decide upon the case. Should not such usurpations of the Probate Court where its authors have a numerical strength, warn us of Western Utah, where they have not, to beware of its insidious workings.

"The Probate Courts of Carson county, when all the surroundings were favorable, and the Mormon population more numerous than it is now, was never able to transact even a legitimate Probate business. If the people now submit tamely to the special privileges claimed for it, they certainly deserve to wear a 'Brass collar' inscribed thereon, sold to the Mormon Probate Court."

Col. Williams published lengthy editorial attacks on the institutional form and administration of the Utah Territorial Government in the Territorial Enterprise 14 Jan 1860:2 and 28 Jan 1860:2, from which he advocated a separate territorial organization for Western Utah.

[136] Territorial Enterprise 14 Apr 1860:2. Kinsey replied to this letter in a communication published in the Territorial Enterprise 21 Apr 1860:2:

"Genoa, April 17th, 1860.

"EDITOR ENTERPRISE:— As you have permitted an 'Honest Inquirer'(?) to ask certain questions concerning me and my affairs through the columns of your paper, I presume you cannot, consistently, with justice, and the customs of public journals, refuse me the opportunity of replying, personally.

"It is happily in my power to furnish such replies to the interrogatories of 'Honest Inquirer" as cannot fail to satisfy the public mind. As to 'Honest Inquirer,' himself, .I believe that his questions are not propounded from a desire to ascertain the truth, but that he is actuated solely by motives of resentment. It is not, therefore, for his gratification, but for the information of the public that I now proceed to answer his questions.

"1st. I was made Recorder by the majority of votes polled, and have my comp- mission accordingly.

"2nd. I was first appointed Deputy Recorder on the 21st of Sept. 1857, by Richard Bentley, Recorder of Carson County, and gave bonds as such Deputy. On the 30th of October, 1858, I was elected at a special election ordered by the Governor, and was the only officer elected who gave bonds and was qualified.

"3rd. I hold the records by legal right. The Vigilance Committee wished this office to be in their hands. And accordingly appointed a committee to take them from me. The committee failed, however, to do so, because, rather than the records should fall into unsafe and irresponsible hands, I forwarded them to Governor Cumming, who approved my conduct in doing so,

"4th. Gov. Cunning returned them to me by the Hon. Jno. Cradlebaugh.

"5th. In answer to this question as to my authority to decide what shall be recorded in the books of record of this county, rather than occupy too much space in the columns of your paper, I refer the public to the Territorial Statutes, pages 176-177 and 271.

"9th. [sic] The statutes also decide for me (the same pages) Who shall sign a certificate of survey before it can be recorded.

"7th. As to this question, I presume that 'Inquirer' refers to the County Surveyor. John F. Long was elected to this office but would not qualify. P.C. Rector was accordingly appointed in his place and until some one else fills that position, I shall, as required by law, record only such surveys of land as may be certified to by him.

"8th. As to the pailings to my fence. I bought them and paid for them, as I have done for everything else in or about my house, and I hope that 'Honest Inquirer' is able to say the same of his own habitation, if he has one.

"I have taken pains to answer these questions at length for the reasons stated above, and because I shall not notice anything more from the same source, or any similar source.

"STEPHEN A. KINSEY

"County Recorder."

[137] Territorial Enterprise 28 May 1859:2&3; Sacramento Union 11 Apr 1860: Supp:2; 18 Sept 1860:1; 27 Sept 1860:1; 17 Jan 1861:2.

[138] Territorial Enterprise 21 Apr 1860:2.

[139] Sacramento Union 11 Apr 1860:Supp:2.

[140] San Francisco Herald 16 Mar 1860:1.

[141] San Francisco Herald 19 Mar 1860:3.

[142] Territorial Enterprise 28 Jul 1860, reprinted in Sacramento Union 2 Aug 1860:3. The election notice, dated July twenty-third, 1860 was published in the Territorial Enterprise 4 Aug 1860:2.

[143] Ibid.; Angel, History of Nevada, p. 73; San Francisco Herald 8 Aug 1860:3. The formal boundaries of the election precincts are given in the call for the election published in the Territorial Enterprise 4 Aug 1860:2.

The opposing parties of Western Utah had separate conventions for the purpose of nominating slates of candidates. The proceedings of both conventions were published in the Territorial Enterprise 4 Aug 1860:2, and are reproduced below. The first of the conventions, representing the "Mormon" faction, assembled on August second, 1860:

"Pursuant to a call, the delegates to a county nominating convention met at Carson City August 2d. Judge Watson was chosen temporary chairman, and P.H. Clayton, secretary; Messrs. Stonecipher, Milne and Clayton were committee on credentials; and also on permanent organization of the convention, after which the convention adjourned for one hour.

"On re-assembling, the Committee on Credentials and organization reported the following entitled to seats as delegates in the convention, viz: Precinct No. 1, Luther L. Olds, by J.J. Coddington, proxy; No. 3, Joseph L. Wilder, P. Chamberlain, J.J. Coddington; No. 4, A. Benway, by R.M. Anderson, proxy; T. Howard, P. Hopkins, D.B. Milne; No. 5, J.H. Watson; No. 6; J.W. Cameron, Wm. Alford; No. 7, P.H. Clayton, Joseph P. Vaughan, R.C. Hardy, T.A. Waterman, A.M. Bowen, by Clayton, proxy; No. 8 John Sabine, Lloyd Lizell; P.W. Coppers, by J. Herald, proxy; No. 9, T.W. Penny, W. Stonecipher; No. 10, F.N. Miller; No. 11, C.D. Moore; No. 14, J.P. Foulks; withdrew; C.H. Fountain; admitted delegate from Flowery District. Precincts 2; 12, and 13 not represented.

"For officers of the Convention, the committee recommended for President, P.H. Clayton; Vice-Presidents; R.M. Anderson, T.A. Waterman, J.J. Coddington; secretary, P. Hopkins, who were accordingly chosen. J.T. Vaughan being elected Secretary in place of Hopkins, declined. On motion, a committee on the order of business and one on resolutions, were appointed, after which the convention adjourned for half an hour.

"On re-assembling; the Committee on Order of Business reported the order in which nominations be made: That all voting be done by ballot the first cast to be informal; and that a majority of all the votes in convention be received by a candidate to entitle him to a nomination, which report was received and adopted.

"The Committee on Resolutions presented the following preamble and resolutions, which were unanimously adopted:

"WHEREAS, From the unprotected state in which we find ourselves placed as citizens, in this part of the Territory of Utah, from the failure of Congress to act in our behalf, and feeling the want of some kind of government among us for the purpose of maintaining public order, and protecting the lives and property, and of erecting public buildings for the convenience of the government, and the restraint of criminals; and; whereas, by the laws of the Territory an efficient and cheap county government can be maintained by the taxes under the Territorial laws, never to exceed one per cent; upon the taxable property in the county; and, whereas, one-quarter of one per cent. taxation upon property in the county will be abundantly sufficient in the opinion of the convention to pay all necessary expenses of the county government; and, whereas, from the want of order and protection to life and property, many families and citizens of other States are prevented from settling among us, people who would add to our wealth and the worth of the community, and capital seeking investment in our mines is driven from our midst, therefore, be it

"Resolved; That in the opinion of this convention it is worse than folly for the people of this county to refuse to organize and elect officers pledged to accept office if elected, because of the ridiculous reason that the laws of the Territory were passed by a majority of Mormons. It making little difference to us who passed the laws; if they are good in themselves and are honestly administered.

"Resolved, That in the opinion of this convention the laws which are constitutional, and apply to this county, are good in themselves, and if carried out in good faith by the officers elected, will be the means of affording us a good, cheap and efficient county government.

"Resolved, That the silly effort now being made by the posting of hand-bills, headed "Anti-Mormon," to defeat a county organization, is an absurd devise to impose upon the credulity of the people, and an insult to their understanding, there being few or no Mormons in our midst and few sympathizers with them.

"Resolved, That we will not vote for or recommend our fellow citizens to vote for any man, for any office, who does not first pledge himself to serve, if elected, and qualify as an officer.

"Resolved, That believing any government better than no government, we recommend to our fellow citizens to turn out upon the day of election and by their votes organize and give us stability and protection.

"On motion of D.B. Milne, the following was adopted:

"Resolved, That every person presenting his name as a candidate before this convention be required to pledge himself to abide the action thereof, and to support by his vote and influence each candidate nominated by the convention.

"Mr. Foulks being unwilling to abide by this resolution, withdrew from the convention.

"Nominations being declared in order, Messrs. Clayton and Coddington were appointed tellers, whereupon the following ticket was nominated:

"For Member of Assembly -- John C. James. Sheriff -- John L. Blackburn. County Recorder -- Edward C. Morse. County Treasurer -- R.P. Bland. County Surveyor -- S.H. Marlette. Selectmen -- J. Williams; J.J. Coddington and W. Alford.

"On motion, committee consisting of Messrs. Olds, Chamberlain, Milne, Watson, Alford, Vaughan, Frizelle, Miller and Moore, were appointed to carry out the intentions of the convention, with power to fill vacancies on the ticket, should any occur; also, a committee consisting of R.M. Anderson; J.B. Milne and Dr. Chamberlain; to confer with a like committee, to be appointed by those opposing a county organization, and to be present at the time of courting the votes by the County Judge.

"On motion, resolved that the proceedings of this convention be published in the Territorial Enterprise and the Sacramento Union; whereupon the convention adjourned sine die."

The second, "Anti-Mormon" or anti-organizational convention was called for the next day; August third, 1859:

"Pursuant to notice, the Delegates elected to attend the Anti-Mormon Nominating Convention met in Carson City, at 2 o'clock; P.M., on Friday last.

"On motion; L.W. Taylor was chosen Chairman, and R.V. Dey Secretary, after which the convention adjourned for one hour.

"On re-assembling; DeWitt Cooper was elected Sergeant-at-Arms, and P.R. Pierce, A. Curry and Mark Stebbins were appointed a Committee on Credentials, who reported the following delegates entitled to seats in the convention, viz: From Virginia City, R.V. Dey, H.P. Russell, R.T. Smith, David Hunt, M.L. Winn; Gold Hill, Dr. Stone; Silver City, L.W. Taylor; Jon. Munckton, Ira Brooks; Carson City, P.H. Pierce, B.L. King, Mark Stebbins; A. Curry; Washoe, H.T. Pierce; Jas. Sturtevant; Sullivan District, Jas. P. Foulks.

"On motion, J.K. Trumbo was admitted as a delegate from Genoa.

"On motion, carried, the chair was empowered to appoint a Nominating Committee of one from each District; whereupon Messrs. Pierce, Brooks, Russell, King, Trumbo and Foulks were appointed such committee.

"On like motion, Messrs. Stebbins, Curry and Winn were appointed a Committee on Business.

"After an adjournment of 15 minutes, the convention again met, when the Nominating Committee reported the following nominations, viz:

"For Member of the Legislature -- J.K. Trumbo, of Genoa. Sheriff -- B.T. Brown; of Silver City. Selectmen -- A. Curry, of Carson City; Wm. Musgrove, of Washoe; and E.J. Mathews, of Virginia City. County Treasurer -- B.L. King, of Carson City. County Surveyor -- Jas. Sturtevant, of Washoe, which report was received and the several candidates recommended therein; having been voted for separately were approved by the convention.

"On motion, the Business Committee were discharged; after which a Committee on Elections having been appointed, the convention then adjourned sine die."

The Territorial Enterprise 28 Jul 1860 (reprinted in the San Francisco Herald 3 Aug 1860:1) carried this notice in its columns:

Territorial Election

"The Territorial election will be held on Monday next in each county for one Member of the Legislature; Sheriff of the County; three Selectmen; County Treasurer and County Surveyor. Each precinct to elect one Justice of the Peace, and one Constable.

"The following is a list of the various precincts:

"Precinct No. 1, is bounded as follows: Commencing at the north line of Cossler [sic] Ranch, thence running west and south to the California line; thence east, including the tributaries of the West Fork of the Carson river, and thence north to the place of beginning. Election to be held at _____.

"Precinct No. 2, bounded on the east by No. 1, including the East Fork of the Carson river, as far down as the lower line of Pettigrew Ranch, including the several mining districts east of the Heights, and running north, and including the Buckeye Mining District. Election to be held at _____.

"Precinct No. 3, bounded by the north line of No. 1, and the east line of No. 2; thence running to the point of the mountains below Noteware Ranch; thence Westerly to the California line, including Jack's Valley. Election to be held at _____.

"Precinct No. 4, bounded by the north line of No. 3, including Clear Creek, Dutch Dick's, and the Half-Way House; thence on a westerly course along the dividing ridge between Washoe and Eagle Valley to the California line. Elections to be held at Carson City, at _____.

"Precinct No. 5, including Washoe Valley, and running north [sic] to the dividing ridge between Washoe and. Eagle Valleys. Election to be held at _____.

"Precinct No. 6 commences at the north line of No. 5, and thence including Steamboat Valley, the Truckee River and its tributaries, and north to the Oregon line. Election to be held at _____.

"Precinct No. 7 embraces the Virginia and Flowery Mining District. Election to be held at _____.

"Precinct No. 8 includes the Gold Hill and Blue Sulphur Mining Districts. Election to be held at Gold Hill at _____.

"Precinct No. 9 includes Silver City Mining District, and down to the cañon to, and including Johntown, and to the northern boundary of Precinct No. 4. Election to be held at Silver City, at _____.

"Precinct No. 10, including Chinatown, and running up to the mill one mile above Rose's Dam; and thence down the river three miles below Miller's station.

"Precinct No. 11, commencing three miles below Miller's station; thence down the river to Ragtown, including the Big Bend. Election to be held at _____.

"Precinct No. 12, commencing at the east line of Precinct No. 2; thence south to Allen's Bridge on the Walker River, and west to the California line, and east to the 118th degree of longitude. Election to be held at _____.

"Precinct No. 13, commencing at the south line of Precinct No. 12; thence by Monoville to the southern boundary of California and Utah; thence west to the California line, and east to the 118th degree of longitude. Election to be held at _____.

"Precinct No. 14, embraces the Sullivan Mining District.

"Party organization appears as yet to be unknown in the Territory."

[144] Sacramento Union 11 Aug 1860:1; San Francisco Herald 8 Aug 1860:3.

[145] Territorial Enterprise 18 Aug 1860, reprinted in San Francisco Herald 24 Aug 1860:3.

[146] Records of the Carson County Court in Nevada State Archives; Angel, History of Nevada, p. 73.

[147] Other officials who filed a bond and took the oath of office that year were Justices of the Peace Martin Robinson, Thomas A. Waterman, Richard N. Allen, John Reynolds, Edward Dixon, James E. Sabin, William Best, C. Foster and William Smith. The following Constables also qualified: William O. Connor, T. Winn, George Seitz, Nicholas Schemerhorn, G.W. Stone and Martin Reese. (Records of the Carson County Court in the Nevada State Archives.) Later in life, "Silver Dick" Bland was elected to the U.S. Congress from Missouri.

[148] San Francisco Herald 17 Aug 1860:3. According to "Tennessee", Judge Child stated that Recorder Kinsey's term had not expired. See also Angel, History of Nevada, p. 73. Judge Child expressly excluded the office of Recorder in the election call. (Territorial Enterprise 4 Aug 1860:2.)

[149] San Francisco Herald 17 Aug 1860:3.

[150] Ibid.; San Francisco Herald 8 Aug 1860:3; Sacramento Union 8 Aug 1860:2.

[151] San Francisco Herald 17 Aug 1860:3. Angel, History of Nevada, p. 73 had this to say about the office of Recorder of Carson County: "It was a profitable position on account of the recording of mining claims, the proceeds of the office averaging about fifty dollars per day."

[152] San Francisco Herald 8 Aug 1860:3.

[153] Ibid.

[154] Ibid.

[155] Ibid. Lufkins went to Judge Child's house to get a pistol.

[156] San Francisco Herald 17 Aug 1860:3.

[157] San Francisco Herald 8 Aug 1860:3; Sacramento Union 8 Aug 1860:2; 11 Aug 1860:2.

[158] Ibid.; San Francisco Herald 17 Aug 1860:3.

[159] San Francisco Herald 8 Aug 1860:3; 15 Aug 1860:3; 17 Aug 1860:3; 22 Aug 1860:3.

[160] Angel, History of Nevada, p. 73. The Records of the Carson County Court in the Nevada State Archives show that Morse filed a bond for the office.

[161] Angel, History of Nevada, p. 73.

[162] Ibid. This was a very serious matter, especially considering the large rush of people to the mining regions in 1859 and 1860. "D", an occasional correspondent of the Sacramento Union, remarked upon the land recording practices of Carson County in a letter published in the Union 21 Jan 1861:2:

"Every spot suitable for cultivation or cutting hay, and not a few that don't seem fit for either, have been taken up. There are two modes of securing farming lands in this Territory: the one by inclosure the other by survey of the County Surveyor; which latter holds the land for one year, when, if it is not inclosed, it again becomes common. Woodlands, toll-roads; water privileges, etc., are secured by grant from the County Court, the statutes of Utah giving this body the control of these franchises; only, however, in the case of woodlands to the extent of preserving the same. But as the applicant is required to pay $25 for every grant, except for toll-roads , whereof ten per cent. of the income is to be paid to the county, nearly everything asked for is conceded, the grantee being left to preserve or destroy the timber as he sees fit. It is astonishing the avidity with which these lands and franchises are sought after, nearly every man in the Territory being the possessor of something of the kind."

[163] Angel, History of Nevada, pps. 73, 76. The two rival Recorders were not the only source of the confusion in land titles. In a letter dated July second, 1860 to C.S. Stambaugh, the Surveyor General for Utah Territory, the Commissioner of the U.S. General Land Office declared that any surveys of the public lands carried out by persons other than U.S. Surveyors were illegal. This effectively voided, on grounds of illegality, all surveys made by Carson County officials. A Notice to this effect was published in the Salt Lake City Mountaineer 22 Sept 1860:1:

NOTICE TO COUNTY SURVEYORS AND SETTLERS UPON PUBLIC LANDS.

Surveyor General's Office, G.S.L. City, U.T., Sept 8, 1860.

"In obedience to instructions from the Commissioner of the General Land Office I respectfully call the attention of all concerned in surveying and making settlements upon lands, not opened for settlement by the Government of the United Stated, to the following items of information:

"On the 23d of April last, a letter was received at this office from Porter C. Rector, Esq., 'surveyor for the county. of Carson, U.T.,' dated April 4, 1860, enclosing twenty-two certificates of surveys made by him in that county, upon application of settlers in occupancy of unsurveyed lands, in which letter he inquires as follows:

'I would like to have you give me some information, to wit -- is it necessary for me to send these certificates, and diagrams on them, of every survey. The Probate Judge appointed me, if that is all right, well and good; if you think it is not, I wish you would send me the commission. There are a few that say that I ought to get it that way.'

"The certificate, marked No. 1, above referred to (which, in form, is the same as the others), is in the following words:

"'To Surveyor General, U.T.

"Know all men by these presents, that I, P.C. Rector, county surveyor for the county of Carson, U.T., upon application of J.F. Whitcomb, R.C. Wilcox and J.H.Todman, have this 3d day of April, AD. 1860, surveyed a certain tract or parcel of land taken up and located by them for farming and shingle manufacturing, the same being and lying on west of Eagle Valley, U.T., and more particularly described as follows, to wit: commencing at stake marked &E. on the north line of R. Small & Co 's Ranche, aid running north 15 sec W., 240 rods to stake thence S. 73 sec. W. 320 rods to stake; thence S. 15 sec. E. 22 40-100 rods to stake; thence S. 70 E. 386 rods to the place of beginning, containing 262 40/100 acres, more or less.

"In testimony whereof I have hereunto set my hand and seal this day and year first above written. (Signed) P.C. RECTOR (Seal) 'County Surveyor'

"I answered Mr. Rector's letter on the day it was received. From that answer, dated April 23d, 1860, I make the following extract, viz.:

"In reply to the above inquiries, I have to say that I possess no power to grant any of the requests, or comply with any of the wishes, contained in your letter. There has not been any surveys of public lands in Carson County authorised by the Goverment of the United States; and no deputy surveyors can be appointed by the United States Surveyor General, to survey any portion of this Territory, without that authority. In reference to the commission you now claim to hold, under an appointment of the probate judge of your county, and other matters concerning the legality of surveys you have made, or may hereafter make, under that appointment, I will briefly give you my opinion, and refer you to the laws on which that opinion is based.

"On the 25th of April, 1860, I wrote to the Commissioner of the General Land Office, enclosing him a copy of the foregoing correspondence, with copies of the papers sent me by Mr. Rector, soliciting further instructions in reference to such surveys, and settlements upon public lands, before being surveyed under authority of the United States. The commissioner responded to my letter under date of July 2, 1860. I make the following extract from his letter, which I commend to the perusal and consideration of all who my be interested therein:

"'In the first place such surveys are in direct violation of law; with forfeiture of even a color of claim by reason of illegality, as will be found upon reference (1st) to an act of Congress approved March 3, 1807 -- U.S. Statutes, Vol. 2, pages 445, 446 declaring that "any person who shall survey; or attempt to survey, or cause to be surveyed, any such lands, or designate any boundaries thereon by marking trees or otherwise, until thereto authorised by law, shall forfeit all his or their right, title and claim, if any he hath; or they have, to the lands aforesaid, which he or they shall have taken possession of, or settled and the 4th section of the same act declares it "lawful for the proper marshal or officer acting as marshal, under such instructions as may for that purpose be given by the President of the United States, to remove from the lands aforesaid any and every person or persons, who shall be found on the same and who shall not have obtained permission to remain thereon; provided that three months previous notice shall be given to all such persons who were settled on such lands prior to the passing of that act; and every person who shall, at any time after the expiration of three months after such notice shall have been given, be found on any part of the lands aforesaid, shall incur a penalty of one hundred dollars, to be recovered in any court having jurisdiction of the same, and be moreover liable on conviction to imprisonment at the discretion of the court, not exceeding six months."

"'2nd. Any Territorial laws of Utah; or acts in regard to surveys pursuant to such laws, are in violation of the 3d clause of the 4th article of the Constitution, which provides "that Congress shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property of the United States," the Constitution and laws being extended over Utah by the 17th section of the Act of Congress approved Sept. 9th, 1850; U.S. Statutes, vol. 9, page 453, &c. (Also, see 6th section of Organic Act, approved Sept. 9th, 1850.)

"'You will cause the purport of the foregoing to be made known to all whom it may concern, stating that it is the exclusive province of the Department, and the Surveyor General of Utah acting under our direction, to attend to all surveys in your district.'

"In reply to my suggestions respecting the extension of public surveys into localities where new settlements are being made, and the opening of a land office, for the sale of lands already surveyed in this territory, the honorable Commissioner, in the same letter, says:

"'We have already recommended to Congress the organization of a Land District in Utah; and your suggestions respecting the extension of surveys will be considered when we are in possession of data from you showing the demands for permanent settlements.'

MINERAL LANDS -- I have also received a communication from the Commissioner of the Land Office, dated Aug. 10 (ultimo), instructing me in reference to the appropriations of certain mineral lands by settlers on unsurveyed government lands; in answer to my letter of 25th January last, enclosing copies of reports made to me by Messrs. Kimball & Sprague, claiming coal mines on Chalk Creek, and by Hon. C.W. Wendell in reference to the discovery and occupancy of lead mines in Beaver County. Upon the legality of these settlements the Commissioner says:

"'The views of this office, shewing the illegality of the surveys of government lands by other than the U.S. Surveyors, were communicated to you in my letter of the 2nd ultimo, and they apply to the illegal surveys of the half section of land embracing the coal mines, which are the property of the United States.'

"The foregoing extracts, from Law and Departmental Instructions, are published for the benefit of all who may have made, or are about to make, settlements on lands in this territory which have not been surveyed under authority of the U. States. When lands are required for permanent settlements, application should be made to this office for their survey under the laws of the United States -- all other surveys, or settlements under such surveys, are made in violation of law. Information upon every thing connected with the survey and settlement upon government lands; will be promptly and satisfactorily given to all interested, who may apply at this office.

C.S. STAMBAUGH

Surveyor Gen'l., U.T."

[164] Angel, History of Nevada, p. 73n

[165] Ibid.

[166] Ibid., p. 73; Records of the Carson County Court in the Nevada State Archives at Carson City.

[167] Ibid.

[168] Angel, History of Nevada, pps. 73n, 75.

[169] Sacramento Union 22 Sept 1860:1; 27 Sept 1860:1; Angel, History of Nevada, p. 73.

[170] Angel, History of Nevada, p. 73.

[171] Ibid.; Records of the Carson County Court in the Nevada State Archives.

[172] Ibid.

[173] Angel, History of Nevada, p. 74.

[174] San Francisco Herald 26 Nov 1860:2.

[175] Ibid. The same charge is found in an editorial published in the Territorial Enterprise 10 Mar 1860:2.

[176] Silver Age, reprinted in San Francisco Herald 22 Dec 1860:2.

[177] Salt Lake City Mountaineer 17 Nov 1860:1.

[178] Journals of the Legislative Assembly of the Territory of Utah, of the Tenth Annual Session, Elias Smith, Public Printer, Great Salt Lake City: 1861. James introduced the following bills for the specific interests of Carson Country: (H.F. No. 14) An act constituting the county jail of Carson county as a branch Penitentiary of the Territory of Utah; (H.F. No. 20) An act to incorporate the Carson Railroad and Turnpike Company; (H.F. No. 20) An act concerning mining claims in Carson county; (H.F. No. 22) An act concerning notaries public in Carson county; (H.F. No. 30) An act to incorporate Virginia city; (H.F. No. 34) An act concerning the office of county surveyor in Carson county; (H.F. No. 39) An act to legalize certain surveys in Carson county; (H.F. No. 47) An act changing the county seat of Carson county; (H.F. No. 55) An act to assess and collect revenue for territorial and county purposes in Carson county; (H.F. No. 56) An act to provide for building a county jail for Carson county; (H.F. No. 57) An act to regulate the fees of officers in Carson county; and (H.F. No. 66) An act concerning the probate judge of the county of Carson.

Councillor Lorin Farr (Weber, Box Elder, Cache and Malad Counties) introduced two bills in the Territorial Council directly relating to the interests of Carson County: (C.F. No. 4) An act to incorporate the Carson Quartz Mill Company and (C.F. No. 5) An act to charter the Virginia, Washoe and Steamboat Valley Railroad Company.

Of all of these bills, H.F. No. 14, H.F. No. 20, H.F. No. 22, H.F. No 30, H.F. No. 39, H.F. No. 39, H.F. No. 47, H.F. No. 56 and H.F. No. 66 became law. H.F.. 37 and C.F. No. 4 and C.F. No. 5 seemed to have been passed by both houses of the Legislature, but the Journals do not show that they were signed by Governor Cumming.

[179] Ibid.

[180] Ibid. This was on the twenty-fourth of December, 1860.

[181] Ibid.

[182] Ibid.

[183] Ibid.

[184] Ibid. See also the previous Journals of the Utah Territorial Legislature.

[185] Journals of the Legislative Assembly of the Territory of Utah, of the Tenth Annual Session, Elias Smith, Public Printer, Great Salt Lake City: 1861.

[186] Carson City Silver Age 2 Mar 1861 reprinted in Sacramento Union 9 Mar 1861:2; Angel, History of Nevada, p. 75.

[187] Angel, History of Nevada, p. 75.

[188] Ibid.

[189] Ibid., p. 76.

[190] Ibid.

Chapter I: The Settlers' Government; Chapter II: Carson County, Utah Territory; Chapter III: The Nataqua and Sierra Nevada Territorial Movements; Chapter IV: The Carson Valley People's Court; Chapter V: Rival Governments; Chapter VI: Nevada Territorial Movement and Provisional Government; Chapter VII: Mining District Governments

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