24th My child commenced to fail about midnight
and we immediately considered him dying & he contin[u]ed
to fail untill 25 minutes past 12 oclok [A]M. when He expired
^Josep Hyrum Smith son of Wilford & Emma Woodruff
was 1 year, 1 Month & 240 days old when He died^
The Mayor A. O. Smoot had an interview with Govornor
Cummings who thoroughly sustained Gthe poliece
in their course with the mob on Monday night he
told Brother Smoot that the ownly fault he found
in the whole affair was that they did not notify
him that He might be on the ground to met the mob
& head the battle Himself for it was better for the
responsibility to come upon him than upon the
mayor & poliece of the city. He said he had had
an interview with the Judges & civil officers of
the U S court & they asked him tfor a posse to take
Brigham Young before the court & asked for council
He told the Judges he would advise them to rule
in court that when any man wished to supobpoena
a man to come before the court that the man shold
make an Affidavit that the person was an essential
witness & state what he wished to prove by him
& send it to the man before he forced him to appear
Judje Sinclair thought favorable of it but
Cradle Baugh swore he would not submit to
it Judge Sinclair said he would not esstablishing
rulings in his court without notifying the Govornor
of it Govornor Cumings said he should not think it good
policy to esstablish Forcible measures in Forceing Brigham
Young to& others to appear in court on evry frivolous case
& even not at all untill the character of the United States
courts had been better esstablished in this Territory than
they had heretofore for you all know damned well that
the people Here arehave not been vary civilly or lawfully
treated in many instances by dignitaries, and during
the present excited state of things I think it would be
policy to take pacific measures & not try to create disturb-
ance among the people. He told Brother Smoot that if there was
any more mobing in the street He ment to take the Booll by
the Horns himself I do not wish to get into rows but
the police shall not be driven out of these streets they
shall be maintained in the discharg of their duty
The court is resolved to Bring out Brigham Young
before them on a subpoena as a witness in the case of
Burr Guvornor Cummings felt troubled about it more
than any thing He had met with fearing President
Young would not comply but all things will be right
The Mayor made arangements to move the court to the
social Hall
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