The Rocky Mountain Saints/Appendix

The following is the speech of Gov. John B. Weller, at the close of the examination of witnesses relative to the assassination of Dr. J. King Robinson:

"Gentlemen of the Jury, let us look for one moment at the circumstances connected with this case, as disclosed by the testimony: Doctor Robinson (aged 31 years) had resided in this city for three years, having previously been attached to the military forces as a surgeon. He was an amiable, quiet Christian, universally loved and respected. In March last he was married to a young lady of 18 years, of one of your most estimable families. Ascertaining that certain property, upon which the Warm Spring is found, near this city, was wholly unoccupied, and believing it to be a portion of the public domain, locates on it and proceeds to make improvements. Without any previous notice whatever, an armed force of the police is sent out by order of the city authorities, who destroy his buildings and eject him from the premises. He appeals, as was the bounden duty of a good citizen, to the organized tribunals of justice for redress. During the progress of the case his counsel raise the question before the Chief Justice of the Federal Court, that the city, because of the non-performance of certain acts, had no legal existence. This question was fully argued, and on the 19th day of October the Judge decided in favour of the city. Dr. Robinson gave notice of his intention to appeal. On the 11th day of October, a bowling-saloon, owned by the doctor, was destroyed by a gang of twenty or thirty men, part of whom were disguised. For this act, performed at midnight, a number of persons were arrested, and on the 13th day of October examined before the District Court. The Chief of Police and two of his subordinates were identified as parties in this affair, and bound over by the Chief Justice—the first in the sum of $2,000, and the other two in the sum of $1,500 each. On Saturday, the 20th, Dr. Robinson, under the advice of his counsel, goes to the house of the Mayor, to give notice that he intends to hold the city responsible for the damages ​which he had sustained by the wanton destruction of his property. The Mayor, as soon as he ascertained who he was, ordered him to leave his house. Great care is taken by the Telegraph newspaper to chronicle this act the next morning in the following terms:

"'As Well Trained.—The admiration for Zebra, Napoleon, and Leopard, on Friday night, was "snuffed out" by the greater admiration for Dr. Ball-alley, as he cleared from the Mayor's house yesterday afternoon. His Honour had only to open the door, direct his finger, and the man of pills and bluster vamosed with a grace that fairly eclipsed little Leopard under the admirable direction of Bartholomew.'

"On the very next day after this publication, between the hours of 11 and 12 'P. M., a man goes to the house of the doctor, after he had retired to bed, wakes him up, tells him that a brother of his (Jones) had broken his leg by the fall of a mule, that he was suffering very much and required his professional services immediately. The doctor hastily throws on his clothes and proceeds with this man upon what he regarded a mission of mercy. At a distance of 175 steps from his dwelling he was struck over the head two blows with some sharp instrument, and then immediately shot through the brain. The shriek of the doctor when he was struck, and the report of the pistol, were heard by a number of witnesses. Two gentlemen in a boarding-house (distant from the scene of murder about 150 steps), who had not yet retired to bed, hearing the noise, stepped to the window and saw three men running to the east at full speed. They went down-stairs, and in a very few minutes found the murdered man. One remains on the ground, and the other goes to the City Hall for the police. He finds the Chief and five of his men sitting by the stove, all of whom had shortly before returned from the circus. The Chief directs his men to go down at once and investigate the matter, and then retires to bed. Arriving at the scene of the murder, one policeman goes for Dr. Ormsby (a distance of some 300 yards), who is too much indisposed to go out. Three other physicians are sent for, who arrive in due time. The body is removed to Independence Hall, some fifty yards. In the meanwhile the poor wife is informed of the murder. She wildly rushes to the Hall and insists upon the removal of the body to the house. He is carried to the house, and in an hour expires. Previous to this the police return to the City Hall and retire to bed.

"One witness saw one of the assassins running from the spot towards the northwest; two witnesses saw three men running towards the east; three witnesses saw three men running south—making in all seven men at least engaged in the murder. Some of the witnesses saw the assassins at a distance of four or five feet. The spot selected for the deed was on the corner of one of the most public streets in the city. The moon was at its full and shining brightly. One witness says 'it was light enough to find a pin on the ground.' Between the place of murder and the house from which he was decoyed is, as I have said, 175 steps. Between these two points, on the same side of the street, there are five dwelling-houses, all ​occupied by families, and on the opposite side the same number. The nearest dwelling-house to the murder is forty feet.

"The shriek which preceded the report of the pistol was heard at a distance of 250 steps.

"The Chief of Police goes down to the scene of the murder the third day after. The Mayor is informed of the murder at 10 o'clock the day after it occurred.

"And upon this evidence I have a few plain questions to propound, which I will leave you and others to answer. I do not propose to discuss them, simply because I could not do so without increasing the excitement which already exists, and producing an exasperated state of feeling, which could not at the present time result in any public good:

1. "If my associate Judge Stout, the City Attorney, had been murdered under the circumstances Dr. Robinson was, would the police have exhibited a greater degree of vigilance and energy?
2. "Would the attention of the 4,000 people who assembled at the 'Tabernacle' (where secular affairs are often discussed), on the succeeding Sabbath, have been called to the crime, and they exhorted to use every effort to ferret out the assassins?
3. "Could any prominent Mormon be murdered under the same circumstances, and no clew whatever found to the murderer?
4. "Would any portion of the 500 special police have been called into requisition or ordered on duty?
5. "Would any of the numerous witnesses who saw the assassins fleeing from their bloody work have been able to recognize and name them?
6. "Have we not utterly failed to prove, after full investigation, that Dr. Robinson had a personal enemy in the world, and have we not proved that he had had difficulties with none except the city authorities?
7. "Is there any evidence that he had done anything to make personal enemies, unless it was having the Chief of Police and two others bound over to answer a charge of riot?
8. "Would he have been murdered if he had not by his land-claim raised a question as to the validity of the city charter?
9. "Would the ten-pin alley have been destroyed if it had not been his property, and that he had a suit pending against the city?
10. "Would the Mayor of the city have ordered him out of his house two days before he was murdered, if he had not understood that he claimed damages from the city for the wanton destruction of his property?
11. "Is it not remarkable that a gang of men could go to a bowling-alley, nearly surrounded by houses, within 60 steps of the most public street of the city, between the hours of 11 and 12 at night, demolish the windows and break up with axes and sledges the alley, and no witnesses found to identify the men, or who knew anything whatever about the perpetrators of the act?
12. "Are not the Jury satisfied that some witnesses have withheld evi​dence calculated to fasten guilt upon certain parties, because they feared personal violence?
13. "Is there not an organized influence here which prevents the detection and punishment of men who commit acts of violence upon the persons or property of 'Gentiles?'
14. "If a Mormon of good standing had been murdered, would the Mayor, to whom the Chief of Police reports, have been informed of the act. before 10 o'clock the next day?
15. "Would the Chief of Police have gone to bed as soon as he heard of the crime, and waited three days before he visited the scene of the murder?
16. "Was the murder committed for the purpose of striking terror into the 'Gentiles,' and preventing them from settling in this Territory?
17. "Is it the settled policy of the authorities here to prevent citizens of the United States, not Mormons, from asserting their claims to a portion of the public domain in the regularly-organized judicial tribunals of the country?
18. "Are all legal questions which may arise in this city between 'Mormons' and 'Gentiles' to be settled by brute force?
19. "Do the public teachings of the 'Tabernacle' lead the people to respect and obey the laws of the country, or do they lead to violence and bloodshed?

"And now, gentlemen of the Jury, I have a few general remarks to submit upon some of the incidental questions alluded to in the course of the examination:

"I came here, as many persons well know, with no prejudices against the people who control this city and Territory. When they were driven out of Illinois and Missouri, I may have been familiar with the circumstances which led to the act, but I do not choose to go back and review them. It is enough to say that a strong impression was left upon my mind that they had been persecuted because of the peculiarities of the religion which they professed. Under these circumetances, it is scarcely necessary to say that my sympathies accompanied them in their weary pilgrimage over barren and desolate plains and stupendous mountains into these now pleasant valleys. Here they established settlements which, without their labour and industry, would have remained in the undisturbed possession of savages and wild beasts. The discovery of gold in California, the establishment of an Overland Mail, passing through this city, and the subsequent discovery of rich minerals, in Nevada on the west and Idaho and Montana on the north, afforded the people of Utah a ready market, and at high prices, for all the products of their labour. Without this the people would have remained isolated and their whole commerce would have consisted in a simple exchange of commodities amongst themselves, and this city would have been an inconsiderable town.

"I have said that I have no prejudices whatever against these people. I did not come here as a missionary or a moral reformer. I have endeav​oured to obey the laws, respect the rights and opinions, and what I may regard as the prejudices of the people. The religion which they profess I have neither by argument, ridicule, nor otherwise attempted to change. Under the Constitution, which of course is the supreme law of the land, they have a right to worship God in their own way and according to the dictates of their consciences. I never war against anything that is constitutional. Nor have I attempted in any way whatever to interfere with any peculiar institutions which they claim to have adopted (and which now exist amongst them) upon Divine revelation. I have nothing, therefore, to say about their religion or customs, but I have a few observations to submit touching the public teachings of those who are recognized as the leaders in this community:

"As a general principle, there can be no security for either person or property in a community where any of the laws are openly disregarded. I have been taught from my infancy to regard the Constitution, and the laws of Congress passed in pursuance thereof, as the supreme law of the land. To these, as an American citizen, I owe implicit obedience. Laws might be passed which I may regard as unconstitutional or in derogation of the rights of the people, but so long as they remain upon the statute-book it is my duty to respect and obey them. If the people of this Territory consider any laws of Congress arbitrary, unjust, or unconstitutional, they can only resort to the legislative power for a repeal, or to the Courts for a judicial decision. Resistance to their execution, by force of arms, is treason. Are not the people of this Territory exhorted by those who direct and control their minds to disregard a law of Congress and obey the behests of their spiritual advisers? Have not sentiments been promulgated upon many occasions, in the 'Tabernacle,' calculated to inflame the minds of the people against the 'Gentiles' and lead to acts of violence? Is he not a dangerous teacher who advises the people to avenge their own wrongs by taking the law into their own hands? It is moral treason against the Government and destructive of the best interests of society. Here we have a large number of young men, the sons of the early Mormons who migrated to this country twenty years ago, who have been taught from their childhood that the 'Gentiles' are their enemies, and that it is a duty they owe to their God to wage unceasing warfare against them. This has been from year to year impressed upon their minds and by men whom they regard as prophets. Here, as elsewhere, there are many persons not overburdened with wisdom, but filled with fanaticism, who are apt to believe from these teachings that it is lawful to strike down those who stand in the way of spreading their creed.

"The great body of the people here believe that certain leaders in the Church are inspired of God, as were Abraham, Isaiah, and the other prophets of old, to declare His will; and is it a matter of surprise that murders are committed ? How different were the principles inculcated by the founder of the Christian religion! He preached peace and good-will amongst men, instead of calling into action the worst passions of the hu​man heart. 'Blessed,' said He, 'is the peacemaker.' Did He not teach obedience to the laws and respect for the powers that be? Did He not say, 'Thou shalt love thy neighbour as thyself?' Did He not say, 'Love your enemies and pray for those who despitefully use and persecute you?' Why, when surrounded by his enemies and nailed to the cross, He extended His eyes towards heaven, and with His dying breath exclaimed, 'Father, forgive them; they know not what they do!' How utterly inconsistent are these sentiments, promulgated by our illustrious Saviour, with the doctrines taught by our modern Prophet in the 'Tabernacle!'

"Whilst following the practices of some of the patriarchs of old, they have also adopted the creed, 'An eye for an eye, and a tooth for a tooth.'

"What has been the result of these teachings upon society here?

"There are a number of respectable men in this city, some of whom have families, who dare not go upon your streets at night! Nor are they men who are afraid of shadows. They have shown their courage upon the field of battle in defence of the honour of the country, and would not shrink from meeting any of them single-handed in the light of day. But they do not choose to meet an organized band of assassins at midnight. They dare not go to your theatre or other places of amusement. Is it not hard that here, in an American Territory, supposed to be under the protection of our national flag, citizens who have perilled their lives to sustain the supremacy of our laws and the integrity of the Government, are compelled to remain in their houses at night to escape the hands of murderers?—men who have violated no law, trespassed upon the rights of no one, but have simply incurred the displeasure of the dominant party? Can this state of things be tolerated on American soil? A government which habitually fails to give protection to its people must soon cease to command their confidence or respect. But I do not choose to pursue this subject any further.

"In this connection, however, I feel called upon to notice the extraordinary efforts which have been made and are still being made at the 'Tabernacle,' as well as by the press, to destroy the confidence of the people in the courts established by the Federal Government in this Territory. Judges, selected by the Government because of their legal attainments and sterling integrity, have been sent out here to administer the laws and preserve the peace and order of society. If, in the faithful performance of their duties under the oath they have taken, they make a decision in conflict with the interests or the opinions of the dominant party, they are bitterly denounced and every effort made to impair their power and lessen their influence. To effect this, slang and ridicule are generally employed. If a Federal Judge will decide every question which arises between a Mormon and 'Gentile' in favour of the former, he can have an easy and quiet time. He can have as much fulsome praise as he desires. But, if he decides in favour of the latter, 'uneasy lies the head that wears a crown.', In the meanwhile, lawyers are denounced as thieves and plunderers. Why this constant denunciation of a profession that has furnished many of the ​ablest and best men that ever lived? It is because lawyers in every civilized country have been considered indispensable in the administration of justice, and, as a part of the judicial system of the country, must also be prostrated; it is because they believe that disputes as to the ownership of property should be settled by the courts, and not by brute force.

"And now, gentlemen of the Jury, my task is done. In the name of the people, whom I represent, I thank you for the patience you have exhibited during this protracted examination. I have laboured zealously and to the best of my humble ability to unravel the mystery, but I confess I have failed. We have not been permitted to lift the veil, and show you the perpetrators of this horrible murder—a murder most atrocious in its inception, brutal and cowardly in its execution a crime which in many respects stands without a parallel. But the blood of a pure and honourable man, shed in the streets of your city, calls aloud to Heaven for vengeance, and I trust the cry will be heard and answered; for is it not written that 'whoso sheddeth man's blood by man shall his blood be shed?'"

The following is a list of some of the authorities books, pamphlets, essays, etc. which, with innumerable private letters and valuable documents in MS., have been consulted in preparing this work for the press: