Elder W. Woodruff has received from bro. Ashman several letters and a telegram in relation to
the disgraceful charges preferred against Orlando Warner,
concerning which bro. Geo. A. has also received a letter from
you. So far as we can learn the excitement against
Judge King is in consequence of his having admitted
Warner to bail, and whether the Judge accepted an illegal
bond or admitted Warner on his own recognisance has
not transpired. That Judge King would have the
right to admit Warner to bail to a regular term
of court by taking ample security is established by
precedent. The bail would necessarily have to be high
because in chap. 22, Sec. 16, of laws of Utah the pun-
ishment for such a crime is imprisonment for life or
not less than ten years. We would regard a bond
for $3000.00 executed in proper form, conditioned for
the peaceful demeanor of the accused as well as his
appearance at court to answer as sufficient. Art. 4 of
the amendments to the Constitution says: Excessive bail
shall not be required.
Page 2
We do not understand that the Judge is required
to find a clerk or attorney on examinations for he then
only sits as a committing magistrate. The committee
of the accused to prison would have subjected the County to unnecessary expense. What Judge King
has done we have not yet learned but had we been
on the bench we should probably have let Warner
to bail had he got such security as would have
satisfied us of his behavior and appearance.
While there is a strong impression among the
people that Judge King, who is related by mar-
riage or otherwise to a large portion of Fillmore,
and that he and they are danish; we have never
seen aught that would convince us that Judge King
would judicially take any ground, but that which he
conceived to be just; but if he does otherwise it
certainly is your place as Bishop to see that he
as an Elder in Israel is put right.
The Statutes makes the crime of rape the
highest known to the law, except murder in the
first degree. It is therefore not at all
surprizing that the admission of the accused to
bail has produced a popular outburst of rage; and
if the people believe that their rulers would sanction
Page 3
for a moment such wickedness it would require
a great deal of coolness on their part to await
the tardy operations of the law.
The Legislature which enacted this Statute
were at the time strongly impressed to make
that crime a capital offence.
Yours in the bonds of the Gospel Geo. A. Smith
W. Woodruff