o
act as his second. Having received a decided rebuff in that quarter, he
was induced to abandon the design by the interposition of Judge Eckels,
who became acquainted with what was passing, and informed the Governor
that he had ordered the United States Marshal to arrest all the parties
concerned, in case another step should be taken in the affair. It was
not till some time afterwards that these transactions came to the
knowledge of General Johnston.

Mr. Kane remained with the Governor until April, absenting himself once,
however, for a day, in order to hold a secret interview with a party of
Mormons who had come into the vicinity of the camp. Notwithstanding his
presence, no precaution to protect the herds was neglected, nor was the
guard-duty at all relaxed. On the 18th of March, although a furious
snow-storm raged all day long, the encampment was moved down Black's
Fork to the immediate neighborhood of Fort Bridger,--a spot less
sheltered, but far more secure from attack. On the 3d of April, an event
occurred for which everybody was prepared. The Governor announced to
General Johnston his intention to proceed to Salt Lake City in company
with Mr. Kane; and on the 5th, they started upon the journey.

The District Court commenced its spring term at Fort Bridger the same
day. In his charge to the grand jury, Judge Eckels was explicit on the
subject of polygamy, instructing them substantially as follows: That
among the Territorial statutes there was no act legalizing polygamy, nor
any act affixing a definite punishment to that practice as such; that,
consequently, whether the old Spanish law or the Common Law constituted
the basis of jurisprudence in the Territory, the definition of marriage
recognized by both was to be received there, which limited that
institution to the union of one man with one woman, and also the
definition of adultery common to both, by which that crime consisted in
the cohabitation of either the man or the woman with a third party; that
among the Territorial statutes there was an act affixing a definite
punishment to adultery, and accordingly that it was the duty of the
grand jury to inquire whether that act had been infringed by parties
liable to their inquisition.[A] No indictment, however, was returned for
the offence; neither were any proceedings had upon the indictments for
treason. The business of the court was restricted to such crimes as
larceny, and assault and battery, among the heter