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Show AT LAST. Jolln I). Leo Found (Juilly of Murder in the First lh'tfrcp. ''Vengeance is Mine and I Will Repay." Judge Rorcm.in's Charge to the Jury. Who Dcllborulo Three HoiirM uimI a iiurter inxl Then A tree Ipuu u Vertllcl. . The First Conviction for Unit llolnoun atliiiiuhtur tit the M oil u In ill .Head own. (Sjiecial Tolojcrmn.) ! BtAVEit, 20. This morning tho court met pursuant pur-suant to adjournment. Judge Uoro-mai), Uoro-mai), having been detained in eoma- quence of his having had to write his charge, detained the court till 11.22 a.m. He apologized to Die jury and tho bar and proceeded with the reading read-ing ol bis charge, saying that in order to aid the jury in arriving at a proper conclusion as to the facta lie would read his instructions, which he had prepared, and explain the law touching the case. He said the jury were, the sole judges of the facts which had beon brought out in evidence, evi-dence, and also of the credibility of tho witnesses. Whatever 1 may say-to say-to you with reference to tho tacts in the case is not binding upon you. The court is the sole judge ol the law, and the jury therefore cannot puss their judgment upon any queaLiou of law.' Therefore, whatever is declared by the court to be law is conclusively binding on the jury. The prijmr at the bar, John D. Lee, stands bciora yxu charged with being a participant in one ol the most atrocious iniiKsa-cres iniiKsa-cres of human beings men, womea and children, in Lb a Mountain Meadows, in tho south-west part oj this district, in 1S57 that was ewr kuowa in any civilized part ot the world, and tho evidence show (hut tho persons killed were emigrants who had before, with a number of wagons and cattle, passed some of the settlements below here, in tho south-I south-I ern part of this territory, and were about to pass out of the territory on to the deserts west, on thoir way to Southern California. For several days a combination of luduns aud white men had been making an attack at-tack upon their encampment ui the Mountain Meadows. The Indians and white men vied with each other in ibcir fiendish work of destroying over 120 men,-women and children. You have heard the part which the prisoner played in that dreadful tragedy. trag-edy. It has been alleged that he shot one woman with a gun, one with his pistol, cut the throat of another, and told an Indian not to spare a young woman whoso life the savage asked him to spare. It is for you tj Bay whether the witnesses who gave this testimony are to be believed, and John D. Lee be considered guilty or innocent. It is for you, upon your oath, to say whetker any fact is point. If you believe the testimony testi-mony of the witnesses, then truly there is no escape for the prisoner. The testimony is overwhelming, and were it not for the sake of jus-: jus-: tice it perhaps would bo better to have it forever sleep iu oblivion. Were these witnesses unworthy o( belief the most that can be said is that all they have testified to should be taken with great caution and particularly par-ticularly those who were participators. partici-pators. Admissions of Lee to accomplices ac-complices are fully justified of necessity, ne-cessity, because there was not and could not be any objection to their testimony. His accomplices could not be disbelieved simply because they were accomplices. Their testimony testi-mony is entirely sufficient, if corroborated cor-roborated by other witnesses, non-parti non-parti cipauLs. Any ad missions the prisoner may have made as to the part he took therein is recoguized in law as strong evidence against him. You have only to do with the case before you, and the charge is murder mur-der in the first degree. It is not every killing of a human that is murder. mur-der. Murder in the first degree must be doue with malice aforethought, afore-thought, eithtr expressed or impliad, aud malice is the essential ingredient ingredi-ent of the act. It seed not be ex pressed, it may be implied irom acts done. In this case malice is not susceptible of direct proof. If the killing alleged was done by or participated par-ticipated in by the prisoner, and done with malice aforethought, wilfully, wil-fully, deliberately and premeditated ly, then be is guilty of murder in the first degree, then it is your duty so to find, and upon your oath you cannot find him guilty of a lesser crime; but you must bring in a verdict of murder in the first degree- If yon find that the killing was not wilful or premeditated, premedita-ted, it would be murder in the second degree; it would be eithar that degree or not at all. Justifiable and excusable excusa-ble homicide must arise from unavoidable una-voidable necessity. Was there anything any-thing to Bhow that the killing was either justifiable or excusable? Nothing No-thing whatever appears to me that the killing was excusable. Nothing whatever appears to show that the assailants were doing any lawful law-ful act. It is not necessary to prove that a great number of peraouB were killed, nor yet necessary to prove tho names ol those who were killed, whtch were not shown. Before you can find the defendant guilty, you must believe from the evidence, beyond a reasonable uouui, that the prisoner is guilty, and taking tak-ing the evidence together it must exclude ex-clude all other possibility of a doubt. I will now read you the instructions asked on the part of the prosecution and defenco, and givon by the court. Judge Boreman hero read the instructions. in-structions. THE INSTBUCl'IOXS. Voluntcor admissions by the defendant de-fendant may be taken by the jury as evidence of his guilt. The jury aro the sole judges ot the credibility of the witnesses who hve testifidd in this case. Although the jury may be satisfied sat-isfied that the offence charged in the I indictment has been committed, yet if they find witnesses here accomplices in this crime they cannot finJ the defendant guilty unless they find cor roboration by other witnesses ol the otlence. If the jury believe from the evidence that there has been conspiracy conspir-acy among the witnesses ior the prosecution pro-secution to shield themselyes, it is a matter the jury may take into consideration consid-eration for the purpose of determining tke credibility of witnesses in this case. The jury may find murder in the firt degree, second degree, or manslaughter, or acquittal. The jury retired to their room at 11:45 a in , aud now, S:lo p.m., have not returned. Gl-ILTY. At 3:30 p.m. tho jury came into court. Verdict murder in the first degree. ""afi3 - inCATES OF STOCK S st dono in Utah. 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