Title: Amos T. Akerman to A. H. Cragin, 14 December 1871
Date: December 14, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.03536
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Melanie Krupa
Dec. 14, 1871.
Hon. A. H. Cragin,
I enclose the copy of a letter just received from Mr. Bates the newly appointed District Attorney of Utah, and call your special attention to the remarks upon the subject of funds for the payment of witnesses and jurors.
I understand the difficulty to be this: The Judges of Utah have decided that prosecutions under Territorial law are to be conducted by the U.S. District Attorney, and the processes are to be enforced by the U.S. Marshal, and not by the Territorial officers. And the Territorial Legislature has therefore refused to appropriate funds for paying jurors and witnesses, or for the other expenses of the courts. The usage has been in the past for the United States to bear the expense of prosecutions for violations of the laws of the U.S. and the Territorial Treasury to bear the other expenses of holding the Courts.
I am informed that the prosecutions against Young and others are under the Territorial laws.
Very respectfully, &c.
A. T. Akerman,