Show BEAVER further evidence ofa of the C conspiracy ofine of the mormon priesthood ifil St hood I 1 district attorney howard makes a 1 few rem remarks ara on the situation bishop says th the e mountain meadows church has conj gon back on him 1 I 1 how tho butcher loa takes his corly action I 1 r full hap ort of I 1 borremans boranian Bo Bore remans nian s charge special 10 koa tribune Trib opoL L sept aa 1875 1976 diio con F of 0 aba a a priesthood to convict chavit leo is ronsom mated so BO fu far at least As aa it lies lie ia in their power and they doubtless doubt leis im in that in ia idiot the ilia prosecution they hoy sacco cica in ia giving sn an a fiod denial to tho the charge that mormon juries will not convict and uI sit ot tho the aimo timo time pito tho aay way for tho d maag to a of 0 I 1 into mhd union how fat far they hair 0 see by this oil trial and conti alion an ia I 1 to a two objects remains to bo be soon mr howard ile has gone J DIET lit inaM iAB 0 a aware this ball ho be wont wint ebore fa foiling miling confident that it was tho 1110 holy plan by which ho hd othild succeed in breaking lh Moan iaia id meadows ilea dowa ring anil and placa himself in possession at 0 such loots facts as would lilen to convict the iho higher highee authorities Implies implicated tod in the int lawro cro mr bishop who the priesthood have bare now dropped trim and nl wig hia clio client rit says bays that the never can becaro another conviction ol of th tui 3 I 1 mountain Nion stain meadows as because the th witnesses will not mot swear joany to any facts tending to tho guilt of their rood good dro brethren thron llo he olima claims to been ticketed by the priesthood that wm when they had need tor for buri and aca abo ab o to t t baj been kicked by abal W 0 3 whon thoy they had need to drop him on oa this other hand mr howard saya O q ho has bag tho the chorch in B a coiner where he be can compel it to deli vOito AC every ever mn man directly or con call heated wih wib wi h the mi sloran adair tc iby risked assied mr howard what he be would addiso lm lim to do in ia hu big oa oae 16 tho the district attorney coun hellod dechod him to plod plead guilty elty to the in Adair replied by 3 it ral F 00 in h 1 first now TT IT leo cwi apparently drouot aha ha did when to u rood their verdict not dot a to turo op of tho the olit old lipsits et lIp lits lice lica and ho be wi soon afterwards heard beard 0 t boast ol of his bi ia lat lapening ening to tho the words lich atom nod him bims a murderer axia becom I 1 mended him to abo TUE jugga borean 9 chiria was wai US follows oE NTEN or TEE conr I 1 I 1 order to aid yoli foil ia AID nta correct conclusion cooc lasion su iu your verdict the duty bevoly upon tho the court to give ciro you in ia charge the ibo law applicable to ilia case fact od to make such each iw a ag lioni its B tho the 01 ol of t tho he caso may beem to require rei nrc you are however tho the sole eolo judges of 0 tho the facts and of 0 tho credibility lity of 0 tho the and whatever I 1 may pay eoy to you respecting the facts although att alt then though a h I 1 it may assist you yoa in ia the coo con ion of at the case 13 33 not bin binding aida upon you As AJ the jary are tho the bujea ot the jauts me BO ion ilso ihu uller hand the ho coart is ia the solo olo jadao t of the ibe law and the tha jury cannot pass pas their judgment upon any question of law therefore whatever is ia declared by tho court to be the iho law is ia conola ITO eive and binding upon you yon tho the prisoner pr Lioner at the iho bir bar john D leo lee stands before you charged with biting a participant nod leader in ia a and unprovoked was rain sacro aero ol of human beings men women and ch children ildron at Mona blount taia sia meadows meadow 0 in tho the ca eal at part ol of this thia district astric t in the month ot of sop ember 1857 the evidence evid enoa shows hows that the iho per BODI tilled killed wora emigrants omi granta who bid ad passed with a number member of wagons and many cattle through ho ot of ibis abu territory an ani and I were about P bog oat of the territory umon the beseris to the west on their way to southern california before bc tinning their journey over the w wido ad desert desort 4 they were recruiting their stock upon tho ilia varied rich grasses of the mountain MouD tain meadows por for sevi bev eral days dayi a combination ol of indiana and white men had been making attacks upon thorn them but baying failed in every effort at their overthrow sod aad blog driven back tho resort was waa had bad to the basest treachery tied and deception to effect offee 9 choir under a white alg algot of tr ece tho prisoner al at athe ibe bar dar a tho emigrants and having there net mat tt at delegation front from then them the fears ol of the iho emigrants wore were somewhat allayed allay tj td and anal they mio gave up their arms putting thorn them into wagons from tho ilia nt liolu og party find then being unarmed on armed they put pat themselves under aba prot colion 01 the ahito lite men of which the prisoner le leo 0 was one you hato heard the iho Bicken lop details ot of the bloody and work which followed indiana and while w bite moa men with cach other it in their efforts at the wholesale whole salo murder ingot over puts hundred handrail and twenty h haman baan beings being men and children who b bad a been diga trued rod lured from thair behind their wagons yom roe have heird heard the put pirt which the r played in ia this dread tragedy how it was III lie ho shot oaf person with iiii hu gun enn gowhe how hi shot others other I 1 with lie big aimo pimo sail cut the ibo throat of another and told AD aa adieu not to epiro a wor namIs lifo life whom tho the akol to hive spared it is u for you yon to say eay whether the who unto state thado ibrom told old the truth nd jt it is for you 10 lo ty say rh raether ether from the testimony john D loo leo can be coW cowderoy derod innocent if there here bs be soy good r olson for disbelieving diabolic ying the tee testimony givin you then bhoj the defend ant ny may to be innocent RUA it is ia for you upon your oath to say my whether aa alleged the fact is proven or cot COL but if yra yea believe the testimony detailed by the be various witnesses then truly there is ia no escaping the cono that the iho pria BODer oDer is is guilty tho testimony ji is overwhelming and the human heart tovolia at the fien fiendish lish cruelly displayed dim played and were it not tor for the rc quire ments of justlee it should for ever to d in oblivion built ant it wag too horrible hOrri blo a deed dead to loe lamber forever although al hough for f niDO fainot loea oart years the perpetrator ho hale ailt gone unpin iche I 1 1 tag hla introduced to no or to tho testimony for tho the prosecution I 1 but bat riika tho the buo cuo upon the chopo to chako your co conO fi decco derce in tho wit vit ees lor tho the were L oil it no dartly of belief the most that could bo be said id is that the testimony tit of a S portion portio it of the alo wit noises those who wro were in tho the massacre mia sacre should be taken with great caution if uncorroborated ia a material point by other evidence were aid isaid blittle I 1 a unworthy ol of belief tho the law would not net allow abom to lo bo put upon the ita itald ad tho the adain irion of ia hilly justified alifi d by tho the necessity of the e I 1 gad and thero aga wai mo not pad and e could w a not nop have been ony any objection to lh their e ir 1 lion flea who flo elge could tell wb whit tt took ano upon that bloody bela but those thoro who wort Bio willing or af after X their are ta to 0 welch weigh lh oely oa sift 61 llo tri abom awlie r ile ara aa lice to la die giusa they wro were I 1 ca but you testimony bacon la con their ara nett t to ton sr witt file la 10 mothr evia jece slid BJ being toned corr ob oratEd in any im cn t tot 11 point ay y other olllie oll lIi their many la is entirely to lo ir a t C idiot ia a there I 1 cre wit witha tt I 1 cacasin out haul 1 I 10 to lo lativa boen mida made by the iho prisoner oner tho the role rola of 0 laii Is t bit if the iho torpo illicit tha mast acro ili oll beca proven then ihen soy tolan tary y admi along makle maio by tho the prisoner goner in ia to liti bit guilt Is him nod is M tot his guilt and fully to warra rj a conviction ther shercon con even il if lis bia actual finx been proven 11 I 1 the mazuru masa ioro aasel had oot oat born proven Buy a that the prisoner no aught have mado that hint othero hod had biant ouch a killing 1 itna oil altia ahi ho bo bad been if a jart participant loi would af 0 conral 10 lo be but bat weak wati calr mony and would not weir warrant rant ft a eon such a aJa amis ision ion alone hot but it is ia a very different abing piltro thO lilling is ia shown as in this ca by other the foot fact that tha ii motil leput od ad and coy the abo prisoner might havo made in ia degara 1 to lo his hig therein is ia bocog anitad in law so 8 often throns ovi evidence dence against him it is n hardly I 1 boji io ti mo me to lo pay ey that you have bato not hing to do with willi the gnile or ut of rol by other oilier coreon the prisoner at tho bat bar he idoo 13 epou trial ana ip JB eme na concern of chii jury jary rth tho A oth 1 h of ladio indicted ted ba ever brought to botio or not ton jon have alono alone to do with this bisti ca ao the charge in ia taij cis id I 1 in in the bret degree cut but it is in not every killing of 0 0 o bomio is murder laurd cr to murder tho the lilling killing mu maut li aio biou with malice m aforethought either expressed or implied mattes is ia a wrongful oct act dona and without bodil ciuba OX 01 clause sialios is an 0 boscn aon list ingredient in ia the iho killion to too the ariato of 0 murder but it need moed riot bo be but bat may bo be implied irom arom tho he dobo and aler tho gheral course and conduct of altho iho party part yip jin in mot mo t cases ineil loo is u not susceptible of direct proof bat may bp arom more mora or loss loes strong to bidrawn from the ibo nd circum stance it with the killing and which indicate tho the OF or state of mind with which ibo jiuing was wad dono done it if tho the killing kil lini alleged was M done dodo or participated in ia by tho or aad done with malice abt nail was wilful deliberate and prec meditated he is guilty of murder in tho first airet degree and it anyone H yon r duty duly to 81 ai find find baon your oath biou cannot DU then tied find him bailly gailly of a lessor crime but bat you must bring in a yet ter aice of murder in the first degree if hi however you yoa bid ani from boci the alvi iv r I 1 a e mao that the killing wai wilh ivi a malico ca r forethought e either ther or imp imin liel lied bat not wilful oud and premeditated it I 1 10 lo 0 mai in the second degree and if the ho killion was fu fill 1 but bat there was no re rei mul I ic ice the crimo crime rond bo be man la ia other jorj if the ilia lilliom was by tho the tirui ncr or it b ha participated thereto th ereio attil and was with daboo aforethought you yon connot say eay it wig ats dimply but it is ia of n higa grade j and if j A at afi d from tho the evidence that there was wag halloo end nd WB was do liberata and premeditated it you yao cannot bill tay IL i IS aai t murder IQ in to tho second degree but your verdict mint be murder in ia tho abo first degree decree it atwould bo either of that degree 0 or no DO crimo crime at all but or ex cx homicide lo int bo be it i must moet have haro I 1 first arisen broin without roy will mil intention u hiir or attire in the iho aly kill killi killion ing og and therefore thore loro will without bout blame as for example the iho execution excitation to law hw ot of it a crimick crimi oal who his bis been lawf lawfully ally on to tod death oath or it must hito bava been com Tritt led for the of 9 justice for example if an of officer ficor in the file discharge di ol of his hii duties is ia assaulted and resi ted and should kill bh assailant excusable homicide homi cido can only exist in two ways aret when alca tho file not act was what is billed a to brentare dren tare that thab ia i in doing a lawful a act atthe aba party without okay ny to hurt burl unfortunately kills killo another and second conil to when a itar y noting in bolf dedenno kills killi hia big asael ant tho the quenion then aniol was wa hero to elbow B that t tho lo killing killio was vaa either cither justifiable or ex cx on sable win wai thero there any it unavoidable ha necessity I 1 bbown tho wo was waa thero a to show how that tho thel killing illing li was wag without will jol lention or desire and nothing whatever appears to mako make the killing thera is ii do co evidence to show that the ho assailants were doing a laffal let act when tho the occurred nor that they who did tho the killing were 9 in defenso of 0 0 1116 ahm ir fa fm m I 1 hice or property properly in arriving it at tho the galt or ol of the defendant deton dint it is id not cot moo emsar y to provo prove that a great number ot of persons were killed I 1 it t il ij bant it tho killing ol of ono i i human being 1 has as been proven nor is il it necessary that tho the name I 1 or br names of shots killed should be shown before you yon cm can find cud the defendant guilty you yon must enst believe from tho the evidence besand belond a reasonable doubt that the iho M is guilty anil and lalin ij z tho the avi derloo together it must bust exclude any ny oilier but iho gaila of the iho prisoner proof the poi DI ability of cf a doubt is u not required bit that yoa have so a abiding conviction in your minds to a moral cor that tho the prisoner is u guilty I 1 will now cow read the tha asked on it tho 10 pitt part or ot tho the prosecution and given by tho the court aho tho voluntary nod and deliberate liberala de aj ad M mis is fiona or confessions contow ioos of the abo do de mado after tho the ol of tho the off enso may lo fco taken by as eTi denoo ol of his big guilt emit tho the jary jars tauy rally and nl the ciriani tho the defendant and andor whish the alleged along were made and it the jary be aci leve the tha said they bo be warranted in acting upon them is as evidence of guilt ilia corpus b cing being proven by other evidence evid euco and ana I 1 will now road read tho the eions tl dl iq in behalf of the a lit a to by tha iho prosecution anil and given by the tha court birst tho jury oro are tho the solo judge a of ilia iho cic edibility ef cf tho file witness witnessed eA who have te stilled iu in ibis aam second Alt although bough the iho jury may bo be that tho elio offense charged in ia the indictment lias has been committed yet it they find the th in ia atis ciso case were accomplices I 1 in n the commission of III tho 0 ollan iso they ono not bud the guilty unless those witnesses bo be by tuch ouch ather evidence evi Jence as dball tend to lo connect the iho dorel defendant with the tha con mabion ol 01 iSe avii moo andi aua euch corroboration will bo be insufficient if it merely tho of 0 be afo or the tha air anew tt idt of eachin commission but thoy they divet the iho defendant with the camo charged in the indictment li bouttu it tho jaaj baclic TB from th tho 0 evidence oTi deoca that there has been a conspiracy gain g th tho 0 it A re 8 for or tho the to or any other mordon or iterating from for tho COW masion ot of tho the crime kobarg 04 io in the indictment by bythe the conviction ol at the tha defendant alone aloia it is ia a matter that the ho jury jary may tako into consideration for tho the purpose ot determining dc iho ity of the bo I 1 la in this ciso are attro instructed that they may cod bea a verdict of met murder in ia the luo first deerea or gaarder cr ini in I 1 thet the beronil IRO of 0 manslaughter or roa not guilty As thoy they shall euill think warranted by 1 1 ho be Y now gentlemen I 1 have discar |