Eureka Daily Sentinel

UTAH.
Rich Developments in the Spurious Divorce Business of Zion.

Salt Lake, Sept. 15.

A Committee of the Grand Jury of the Third Judicial District Court having made repeated efforts to examine the records and files of the Probate Court of Salt Lake county, with the view to a ventilation of the divorce business of that Court, and having been refused access to said records and files by the Judge of the Probate, High Priest Elias Smith, who, in addition to his judicial position, is the Adam of the Endowment House, an order was made on Thursday by the Judge of the Third District Court requiring said Judge to show cause why he should not be adjudged guilty of contempt of the Court. No cause having been shown, and the efforts of the Committee on Friday to gain access to the books being unavailing, Judge Schaffer made the following order this morning. The Marshal with the Committee of the Grand Jury are now making an effort to execute the order.

The claim of the Priestly Judge is that the records and files in the office of the Probate Court are private. He will not allow members of the bar or suitors to examine them. There is no other known reason for the refusal which has been persisted in for many years except a desire on the part of the Probate Court to conceal their nefarious transactions in divorce matters.

Third District Court, Utah Territory, April term, 1877—In the matter of the citation of Elias Smith, Probate Judge of Salt Lake county, to show cause, if any he has, why he should not be punished for contempt of Court, the said Elias Smith having been adjudged guilty of contempt of Court, for having refused a committee of the Grand Jury of this Court the right to examine the records of the Probate Court of Salt Lake county, of which Probate Court the said Smith is Judge, and the records of which are in his custody and subject to his control; and the said Elias Smith having had until this morning to file and exhibit to this Court an answer and reasons in exoneration or mitigation of such contempt; and the said Smith having failed to file or exhibit any good reason for such exoneration or mitigation, but, on the contrary, it appears from the report of said committee, filed on yesterday in this Court, that the said Smith has peremptorily and persistently denied and refused the said committee access to the records and files of said Probate Court, notwithstanding the orders of this Court, it is therefore ordered and adjudged by the Court that the said Elias Smith pay a fine of $500, and an additional sum of $50 for each day that he shall hereafter refuse to permit the said committee of said Grand Jury access to the records or files of said Probate Court at any reasonable time, for the purpose of making such examination as they were heretofore ordered to make by this Court; the latter amount to be computed by the Clerk of this Court on the report of said committee; and also that the said Elias Smith pay the costs of this proceeding, to be taxed by the Clerk of this Court; and that an execution issue in the usual form against the said Elias Smith for the several sums aforesaid. It is further ordered by the Court that the United States Marshal of this Territory, or his deputy, accompany the said committee to the place where the said records and files of said Probate Court are kept, at a reasonable time, or times: and if said Elias Smith shall refuse to let said committee have access to said records or files, that said Marshal shall arrest said Elias Smith and hold him in custody until such time as he, the said Smith, shall permit said committee to make such examination of such records and files as aforesaid; and if any other person, or persons, having, or pretending to have the custody of such Probate Court's records, or otherwise, shall, in any way prevent or obstruct the said committee from having access to such Probate Court's records, or making such examination as aforesaid, the said Marshal or deputy is hereby commanded to arrest such person, or persons, and forthwith bring him, or them, before this Court to be dealt with according to law.

(Signed) M. Schaffer, Judge.
Attest: C. S. Hill, Clerk.
September 15, 1877.

The Poland bill, by which the Federal Courts are organized, makes it the duty of the Grand Jury to make the examination of all public records.

Salt Lake, Sept. 15.

High Priest Judge Smith caves. The committee were admitted to examine the files and records in the Probate Office. The committee have already found a rich mine of divorce corruption. A list of cases, attorneys, and the residence of parties in all the spurious divorce cases, is being made by the committee. Federal officers and Gentiles are jubilant. The Saints feel the loss of Brigham in this, their first skirmish since the loss of their dead prophet.