Inventory of Criminal case files from District Court (Fourth District), 1889-1895.

Series 1629

District Court (Fourth District) Criminal case files

Dates: 1889-1895.

7 microfilm reels

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

An agency history is available.

Scope and Content

These case files include the original complaint, summons, information, indictment, or arrest warrant together with all legal papers subsequently filed in connection with the court proceeding through disposition or dismissal. Case files document the legal process and the administration of justice in the newly created Fourth Judicial District as well as its predecessor, the Northern Division of the First Judicial District.

The Fourth District Court was created in 1892 from the Northern Division of the First District Court. The far-flung First District Court was divided into two geographic divisions from 1880-1892. The Northern Division included Box Elder, Cache, Morgan, Rich, and Weber counties. Proceedings from throughout the several counties that made up the northern division typically were heard in Ogden, Weber County. Cases from Weber County are most numerous but include matters from outlying counties. The court was required to hold a specified number of terms within the districteach calendar year.

These case files document the legal process and the administration of justice in conjunction with criminal cases. Criminal cases include both felonies and misdemeanors. Recurrent criminal offenses include robbery, burglary, theft, riot, malicious destruction of property, extortion, distribution of unlawful substances, contempt, treason, desertion, assault, murder, etc. A criminal case is initiated with a complaint, information, indictment, or arrest warrant. Individual case files may include petitions to the court (including a petition for a writ of habeas corpus), complaints, transcripts of lower court dockets, injunctions, warrants of execution and confinement, warrants of death, notices of appeal, subpoenas, affidavits, orders to show cause, court orders to the jury or defendant, trial evidence, court judgment, and an enumeration of costs.

According to federal and territorial statutes, the district court has jurisdiction in all matters not prohibited by law.The District Court was restricted to adjudication of actions involving real property located within the Judicial District, those in which the defendant resides within the Judicial District, and those involving incidents occurring within the Judicial District. The court's appellate jurisdiction extends to all cases arising in probate, justice's, or U.S. Commissioners court. Upon receipt of an appeal, the district court conducted a complete retrial of the case. Certified copies of pertinent court documents were provided to the district court while the inferior court retained the original documents in its case file.

Research Note

The case number assigned by the court is essential to locate the desired case file. Researchers should first consult the CRIMINAL CASE INDEXES, 1879-1947 (series 17463), to find the unique case number corresponding to the appropriate case file. Case numbers may also be found using the CRIMINAL REGISTERS OF ACTIONS, 1880-1892 (series 17462). Confusion may arise when documents and case files are inscribed with two or more case numbers. Cases on appeal may include the number first used by the inferior court as well as that later assigned by the District Court. Sometimes a number was written in error and, later, corrected. The attached container list records numbered cases at the box level.??Case number 162 was assigned to two different cases filed nearly 18 months apart: (1) People vs. Peter Hansen, March 21, 1891, larceny, First District Court, and (2) United States vs. Frank Greenwell, September 14, 1892, adultery, Fourth District Court. The first fits chronologically with surrounding

cases. The second fits chronologically with cases 258-262, which all were filed September 14, 1892. The Greenwell case does not appear in the criminal case indexes.??The Southern Division of the First District Court, which generally sat at Provo in Utah County, encompassed Carbon, Emery, Grand, Juab, Millard, San Juan, Sanpete, Sevier, Uintah, Utah, and Wasatch counties. Situated between the Northern and Southern divisions of the First District Court was the Third District Court (Davis, Salt Lake, Summit, and Tooele counties).??Criminal information and indictment records may be included in the records of the grand jury of both the First and Fourth District Courts. For appeals to the District Court the lower court records should be checked, as should the Territorial Supreme Court for appeals from the District Court. At statehood in January 1896, District Courts were established in each county. These courts began creating case files for cases heard at the county seat.

Research Note

The case number assigned by the court is essential to locate the desired case file. Researchers should first consult the CRIMINAL CASE INDEXES, 1879-1947 (series 17463), to find the unique case number corresponding to the appropriate case file. Case numbers may also be found using the CRIMINAL REGISTERS OF ACTIONS, 1880-1892 (series 17462). Confusion may arise when documents and case files are inscribed with two or more case numbers. Cases on appeal may include the number first used by the inferior court as well as that later assigned by the District Court. Sometimes a number was written in error and, later, corrected. The attached container list records numbered cases at the box level.??Case number 162 was assigned to two different cases filed nearly 18 months apart: (1) People vs. Peter Hansen, March 21, 1891, larceny, First District Court, and (2) United States vs. Frank Greenwell, September 14, 1892, adultery, Fourth District Court. The first fits chronologically with surrounding

cases. The second fits chronologically with cases 258-262, which all were filed September 14, 1892. The Greenwell case does not appear in the criminal case indexes.??The Southern Division of the First District Court, which generally sat at Provo in Utah County, encompassed Carbon, Emery, Grand, Juab, Millard, San Juan, Sanpete, Sevier, Uintah, Utah, and Wasatch counties. Situated between the Northern and Southern divisions of the First District Court was the Third District Court (Davis, Salt Lake, Summit, and Tooele counties).??Criminal information and indictment records may be included in the records of the grand jury of both the First and Fourth District Courts. For appeals to the District Court the lower court records should be checked, as should the Territorial Supreme Court for appeals from the District Court. At statehood in January 1896, District Courts were established in each county. These courts began creating case files for cases heard at the county seat.

Access Restrictions

This series is designated as Public: UCA 63G-2-301 (1) (f) provides that judicial records are public unless restricted by the rules of criminal or civil procedure..

Reproduction and Use

These records are available for reproduction and use.

Finding Aids

Indexes: Series 17463, Criminal Case Indexes (1879-1947) indexes defendants. Other: A research guide entitled "Judicial/Court Records at the Utah State Archives" is available for patron use.

Related Records

Northern division civil and criminal case files from the District Court (First District), Series 1529, include files of criminal cases from the northern division of the First District Court adjudicated prior to the separation of territorial civil and criminal case files around 1888.

Minute books from the District Court (Fourth District), Series 5062, include minutes recorded during court terms held at Ogden, Weber County.

Criminal case files from the District Court (Second District : Weber County), Series 6954, include files of criminal cases adjudicated in Weber County after statehood. The state district courts for other northern Utah counties should also be checked.

Criminal registers of actions from the District Court (Fourth District), Series 17462, contain a chronological list of the documents filed and fees paid in connection with these criminal cases.

Criminal case indexes from the District Court (Second District : Weber County), Series 17463, record the names of defendants involved in criminal actions and provides assigned case numbers.

Civil and criminal registers of actions from the District Court (Fourth District), Series 17825, contain a chronological list of the documents filed and fees paid in connection with these criminal cases.

Territorial criminal case files from the Division of Archives and Records Service, Series 24052, include a compilation of miscellaneous documents from the earliest surviving territorial criminal cases from each of the three judicial districts.

Indexing Terms

Post-conviction remedies--Utah.

Criminal justice, Administration of--Utah.

Utah--Actions and defenses--Cases.

Utah--Criminal courts.

REELBOXDESCRIPTION
111-92 [1889, May 11-1890, June 7; 1st District]
2193-114 [1890, June 11-November 21; 1st District]
22115-158 [1890, November 21-1891, February 6; 1st District]
32159-162 [1891, February 6-April 21; 1st District]
42162 [1892, September 14; 4th District]
32163-200 [1891, April 21-November 13; 1st District]
33201-231 [1891, November 13-1892, May 9; 1st District]
43232-275 [1892, May 9-1893, February 21; 4th District]
44276-293 [1893, February 27-1893, March 6; 4th District]
54294-358 [1893, March 6-December 2; 4th District]
64359-383 [1893, December 5-1893, December 26; 4th District]
65384-434 [1894, February 20-1894, July 30; 4th District]
75435-513 [1894, August 1-1895, September 14; 4th District]