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Show r r LOCAL Ff0vi Urge and ; in ,the respectable audience assembled The Kennedy Theatrn Ut vninr. hours family occupied a little over two g in rendering songs and gles a cnarm-instyle, making the entertainment Mr. Kenpleasing and entertaining. nedy, the leader, was the life of the rivinir explanations of Scotch phrases and historical and descriptive sketches of the subjects of the songs In Twa a eomical and inimitable manner. hours at name" is a delightful entertainment, very far above ' the average of drawing room performances. ITEMS. Friday' t Daily of Aug. 27. Aldine appears aod beautifully aKain, iliining brighilj The August number is out of the fire. and the missing numbers ffiagQificeQt, Tk enterprise will be supplied shortly. is worthy of all of the proprietors Oct AQAis-- A "TwaHoues at Hamb," The The Willard Longstrikes full free, to meet the in ,re ia town from Salt Lake, but the latter iwrets. v ' The have not put in an appearance. Sen Out Jobbing. Mendelsohn me ana match goes by default, iong started out this morning with a wagen strikes properly claim the victory. load of goods to job off to the folks in means the settlements. .Mendelsohn Mrs and Walker E. Dr. Mary fioxE business. If customers wont come to attended the Von Cort A. C. General him, he'll go to them, and he'll make after-coo'era buy too. Kelief Society meeting yesterday and in the evening took the C. P. train for the West. They are bound for A'Bkaver Shindy. This is how they Virginia Gity. Several Ogden ladies obiained patterns do it in Beaver. The Enterprise of the of tbe Dr's. dress, pants and all. Look 24th inst. says: oat for a change in the fashion. "Last night, in Powers saloon, a' row of the first magnitude occurred. As far as we can learn,: Powers struck a man Jaileb. From the Evanston Age we on the head with a pistol while tbe latarn that Hamilton, who shot Watson at ter was taking a drink, for a cause unknown only to himself, and a general Green River, was taken by. Sheriff ensued ' Marshal Allred was melee from the infuriated miners, who powerless to quell tbe disturbance, and bad threatened to hang him to a telewere the "side fights" aud in was and are nour. tne jail. lodged aimcumes oi ine pole, order graph Watson was 6hot while attempting to prooably not all settled yet, as threats of vengeance were indulged in by parties part Hamilton and a man with whom who are not much addicted to backing He is no down. Altogether the affair was one of the latter was quarrelling. the most disgraceful occurrences that tipected to recover." has ever taken place in Beaver, and it remains to be seen whether the law can The Tower. Preparations are in pro- assert its elf or not." gress for the completion of the tower on tbe CouDty Court House. When it is From Saturday's Daily of Aug. 28. on sides four and the clock finished, Cash for Barley. Richter & Fry, of gives the true time to Ogden, that tower Grove Brewery, want 5,000 bushels. the will be useful as well as ornamental, a barley; - Now,' farmers credit to Weber county, an evidence of of and take it along get the cash for it. the taste of the architect, and a mark of - " J. , 1 Mc-Tli- .TRIAL; THE 3 LEE I. Hoge, Address of E, for the Counsel Esq.,of to the. Jury,. Second District Court, Iieaver, IT. Tm August i 4 tli, 175, De-feuc- e, per-forman- Uall n. . words spoken, would it be possible bat a man who took a prominent part in u should ever forget it? Klingensmith says he opposed Ilaight. If be opposed him, he must have had some reasons for hi opposition, and in the contest between hem a part of the argument, the substance, if not the form, must needs have He made as impression upon him. must have been convinced, for. he acknowledges himself to have taken a prominent part in the massacre. He therefore abandoned his first position of opposing the killing.. and he should therefore remember something of the argument which carried conviction to his own heart, and. led him to take part in such a horrible deed. But no! Not. a word, not a syllable, could he remember, I now appeal te you as men Of reason and sound sense, and ' usk if you can believe this statement? 1 ask aothing unreasonable from you. All i ask is, that the you, will duly weigh and consider " V ' it. of the truth of probabilities He next goes on to state,; that on the Monday following,., he met Higbee, Ilaight and others in the old 'fort at Cedar City.:i' Aoonversatioa in regard' to the destruction of the emigrants 190k place. But he could not remember ouo he could word of what was said.-- All - , Gentlemen of the Jury: It now becomes my duty to lay the facts, as adduced by the evidence in this case, before you; ana to maxe a lew re marks, in order to assist you in arriving at a correct conclusion as to the guilt or innocence of John D . Lee, the prisoner at the bar. I shall attempt to confine my remarks to the evidence, as I understand it, and to the legal effect or bearing of that evidence when applied to the crime charged against the defendant in tbe ; indictment. I do not deem it necessary to comment upon all the testimony which has been detailed to you by the witnesses for the prosecution; but wil). confine myself to that portion only which seems to have any relevancy to the issue before you, and to draw a proper conclusion taere from, and assist you in forming a just destruction was talked opinion that will commeuu itselt to all waa that their,, asked what 'was said, he When about. reasonable men who have become ac answered: "I don't rememin case. this invariably quainted with the testimony exIt is my duty as an attorney to assist ber." He was always ready with an whencould not he remember, you in this, aud I do not wish to attempt cuse that was danger of be-to mislead you, nor do I consider that it. ever he thought there contradicted. ' He next says that he is the province of an attorney to try to draw your minds away from the eviJence and Juel White were ordered by Ilaight in order to prevent you from arriving at to, carry a letter to the Bishop at Piuto He did not remember the con-- : a conclusion not, based upon the tacts in Creek. the case.. The prosecuting attorney. (I tenta of the letter, but he wa positjye wish he were in the room) in 'hia' re that the object of the. message was one and directing the Bishop to marks yesterday, told you, in sweepm of peace, lo allay the angry pashis influence use the evidence conclu was "that terms, sive!" And this assertion was the sum sions of the Indians. ,ln this part of his and substance of Mr. Carey's remarks, testimony he is corroborated by Joel with the exception. of his declamation White tbm far, that they were sent as over the righteous indignation which be messeueers of peace to prevent an euthe who; said, pretended he felt. He did not deign to break by the Indians, i l now leare lay before you a statement of the testi "were excited and mad." mony, and by a fair deduotion justify it to you, gentlemeu, to reconcile this himself in making such an assertion. statement with his former one, in regard No! But he told you that if he himself to tho destruction of the emigrauie, if ever were guilty of such an offence as you can, asking; you to i bear in mind John v. Lee is charged with, he would that he said that on Sunday, Ilaight calat once go before the authorities or offi led upon the people to destroy the emicers of the law and confess his guilt and grants, and now he (Ilaight) sent him and Joel White with a message of peace atk them to punish him for it. Geo did you look at Mr. Cary's head? and ordered the Bishop to restrain the Did you believe what he said? Do you Indians that the emigrants might pass believe for a moment that he would walk unmolested through the country. I will next call your attention to i bat up and put his neck in the halter with out a trial, judge, or jury? ,If you do, part of the testimony of Klingensmith wherciu he i coutradiotod by Joel take another look at bis physiognomy, ii '; Settled. The Pioche Journal has and, with your knowledge ot human na Whits; and other, t (4 . is hat the of The will he conclude that ture, prosecution killed theory tb a readily at you found but tbe Peasley who to do all was would an have diree in compelled gone Klingensmith opposite mftn'ai Pioche is not the Peasly who was tion you will immediately come to tbe the acts and things done by him, an un' shot by Ed Frodsbam at Evanston; so conclusion, that be would not have faced willing lactpr in! this b'oody tragedy ' the officers of the . law without a most from beginning to end. To support this that point is settled. i 'i M?" forcible compulsion. No, gentlemen, this theory, Klingensmith always used the ' tfi ' i ,. !.. t argument or rather declamation, is not expression that he did as he was ordert in Mr. Commercial. Spencer Clawson, made in geod faiih on hu part, but, ed. It must be borne in mind that was a bishop the church no to convict de the testimony Klingensmith having of Salt Lake, came up on tbe Utah CenBut fendant, he uses this paltry subterfuge and had therefore few superiors. tral this morning, and proceeded east for effect only, and for the purpose of aside from this, Joel White, culled for ward on Lis journey to the Atlantio prejudicing yeur minds againt the the prosecution, testified that Klingen. smith volunteered to ge, ' ' Hence it ia ;, , ? coast, where he will make extensive prisoner. In commenting on the testimony,. I clear that Klingensmith toldanother lie. purchases for the immense fall trade of shall first notice that of Klineensmith. Klingeuemitb says that while, on the Z. C M. I. ' Pleasant and prosperous He comes before and Joel White met you and tells a long way to Pinto, he ' ' D.;: is the first John D.. .... Lee. :. disconnected This the John 'substance , of story, t trip, u! j :, which I will take up, comment upon Lee has been mentioned at all; and here' V'.",, ,' and compare with that of other witness- let me call your attention a few minutes Smashed. Willie Connelt, a Terrace es for the prosecution- .- On the Sunday to the plan of the prosecution in this matboy, is in town under the surgical' care before the emigrants passed through ter. It became necessary to have some was the Friday fol- one corroborate the testimony1 of Klix of Dr. Condon. A few days ago a sledge Cedar City which lowing a meeting was held in which gensmith, and Joel White, an accomhammer in' the machine shop smashed the destruction of the emigrants was plice, with his hands as deeply dyed in one of his fingers, bone and all. ' Dr. discussed. ; Jle said that Ilaight advo- the blood of tbe nnfortunate emigrants Condon expects to save the finger' with- cated their destruction and, that he as Klingensmith's. is selected for this H ' " ' Therefore White's teatitnony (Smith) opposed it. But be could not purpose. out amputation. tell you a single word of what was said begios with the tourney to Pinto, aod he iu reference to the destruction ef the says, "We met John D. Lee." .. . ! ."What did John D. Lee emigrants. Gentlemen, could he tell Question. Akixatbd Lead Mini. The Eureka you one single word of what Ilaight said? No! . Could he tell tou a syllable Answer. "When5 vre told hint that we Sentinel of the 21st inst. says: ' (! of what any one else said at that meet-ing- ? were going to. Pinto lo allay, the angry 'Yesterday Dr. Bishop probed an old No! He could remember that pas;ious of the Indians, so that the emwound in Sam Bell's forehead and ex- tne destruction ot only tne emigrants was igrants might pass along, he answered, tracted several pieces of lead which was discussed and determined upon. Now, 'I have something to say about it, and embedded in his skull bone. The lead I wish you would bear in 111 tests ;. gentlemen, is a portion of a ball from a derringer mind that this a Sabbath Now J, want to call attention to the upon happened pistol which was fired at Sam nearly day. A day set apart by the Christians plot between Klingensmith and Joel five' years ago,' the circumstances of in all the world to be remembered and in which they have been asand White, which are familiar to all old time kept holy, and upon which tbey assem- sisted by Bill Hickman since this trial i. The weond has been quite ble in their temples and churches for commenced. 'White' has been kept bid troublesome at times, but Dr. Bishop is meditation and prayer, to worship Al- here in Beaver, in order to prevent any confident that when all tne lead is reGod, the Giver of all good; to ef tbe attorneys of tbe defense, or any mighty moved the place will permanently heal. send up thanksgivings to an body else, except those concerned in the leaving scarcely a perceptible scar. ' Father, in Heaven, and to pray to plot, from speaking to him.'. He has been mm 10 iorgive meirresspasses as tbey kept at; the room orcupied by Klingen. forgive those who tresspass against smith and Bill Hickman. theui. A day upon which they assemISlS Strike, As evidence me in making ble to hold communion with their Re- this statement, justifying I will call your attention Alta City. Aug. 2G, 1872.' deemer. Now, picture to your own to what he himself said on the witness mind, gentlemen of the jury, this con- stand. We asked him if he was permitEditor Deserct' News: '"" at Cedar City on the day in ted to speak, lo tbe defendant's .attorgregation A big strike was made y in the the communicants haviug as- neys, lie answered he was not, and question, Sunday mine, just over the divide from sembled in with this Chris- that he was in the bands and accordance, Little Cottonwood, n American Fork custody of tian with custom, Bisliop Klingensmith Bill Hickman. The court thereupon orIt assays $21,128 in gold. There is presiding. Ilaight makes the startling dered that he bM liberty to talk with great excitement. announcement that one hundred and Lee's aUorneyi 'rAVs also, asked htm to fifty emigrants, men, women and chil- tnako a diagrrinv tf the. ground of the dren, who Are advancing towards their emigrants' camp and corral, also ol; the Hotel little settlement, tnusl be slain, and that route which the etui traveled when grant, the members presnt must assist to slay the corral, and that traveled left they VTAH HOTEL. them! It is impossible that any by the two agons. Before he had time Watt Paris, England; James Pratt, who was then and there present person could to answer, tbe court adjourned, orderSandusky; 0. J. Puoner, San Francisco; ever forget the language in which such E. L. Britten and wife, New York; W.S. an announoemeat was made? Is there a ing hiai to prepare thediagranan.dpro-duce- ii when lbs. court met ana in alter Miller, Davenport, Iowa; Carl Hansen, man on this jury who believes that if he recess, , He ,thea came in with a dia C. D. Denmark; Dalgreem, Denmark, had been present on such an occasion he we ANkfd him the question, and gram, Victor Reno, Ophir City; S. Warden, would have forgotten every worspeken "Who made this diagram,?" He said, Sandusky CUy;C. F. Muench, Salt Lake; after the lapse of eighteen No! assisted roe io make that 0 O. Smith, Cache Valley; J. L Kiert-lan- gentlemen, the latiguage would .have tuingensmitb he (Smith) gave me me ideaa Cheyenne; John Thomas. Cache ruug in your ears to thi.i day, yea, even, Jiagraan arew i tne put the ideas pctl rwyselr. Valleyj Julius Mi)rri. San Fransico; uuto the day of your death. But sup- were KlingBmitb9 " C. Jnjmes Knight, Chicago; Yeansen, pose a person who took no pai in ti.a Now, frenHeiQ,en, am I no iuMtified, in iiilwaukeej A. W, Ftrguaa, Taas. discussion, ahold Uave let voilea 'ike Xkift duo up joU Mjiug u waa. blood-lettin- . , in g I ; two-rowe- the enterprise of the- Court which built it. "Tbe towers of Ogden soon shall rise," etc Please sing. w - Tbiatbical. Mr. Philip Margetts the genial, comical 'Phil" and Mr. James Thompson Phil's chum and dramatic companion are in town as fore- runners of a theatrical company, designing to give the people of Northern Utah a series of performances during the fall season. Tbey will open the campaign In f'gden on tbe 3d and 4th of next month. Our city has been dry in the line of popular amusements for some lime, and a good ' company with good plays will draw hugely. Come along,' Thespians, you will be welcome in the Junction City. a Train. The U. P. R. R express which left here yesterday morning was robbed the other tide of Green the messenger,' as asleep, and. was awakened by noise in the car, and found three men there, who had entered through the crawling front the top of heear. W, S. Graham, win-fla- w, relieved him of the keysandob treasure, which fortunately a only light. The messenger palled the beH cord, when one of the 'robbers fired at him, the ball grazing his ear. They tained the The train stopped and the robbers es fed with their booty. , : ' is- i 1 i r" : : i . . . . . , - ; . '" - - ; ,:J ( Yesterday ,u two on ju horseback, went te "gents" Mr. Parry's gardens on tbe Toad north of Ogden bridge, ho was left, in and seeing only a girl chargeef the,, grounds, fied to purchase some melons, While the girl was getting the melons, they ere seen by some boys, who were work three a dry the melons were 'picked noney, 'and They then tarted for the stolen fruit, but were intercepted by one of the boys who bad a tbeir pilfering. They rode at him, they declared they had' no refusod to pay for them. tJ would have knocked him over if he had not turned aside, and taking the stolen meloua they struck off in the on of Ogden Canyon, young bloods are known, Now these and we have they do not wish to be their aames. If expesed and prosecuted, they had better cU on ibe owner of the gardens and away. ' , it" , ;1 , to-da- When Ule, right 4) , tDg ng at a little distance, to throw or four melons over the fence, into ' 1 Eu-reka- Ptt? Pilferiso. ditch; . d . Rob b i no Jliver. tie-me- n, . , Arrival. , . , , d, yr , -' - )Vhlte Was.brpaght here and trained' by Bill Hickman and Klingensmith, so that be. ..might, corrohorate the perjurer,. Kiiiigensmith. He did corroborate hiui on one peiut, and one point only, Jtud that was in regard to tbe cirounittan3e& of going to Pinto and tbe mee'inij uf Lee on the road.' It i quite likely K;in(reM-smit- h and Whits hau some conversation r oC together, and therefore with the aid Hickmaii they; have put up this job. But there wtvo several points in Klingensmith's testimony wlii'h it would have beens material to corroborate, byt Such men which escaped tbeir Whins and as Hickman, Klingeusmith of not even are concocting saoh capable a story as will stand the test of a withoutexpoaing itsfallacy. and iV fully appears in this cane that their nefarious design was an absoh.te. . ; , failure.; 'Klingensmith and White proceed on their errand of mercy as sent by Ilaight to deliver the metfsago to Bishop Bobin-so- n at Pinto. Klingensmiih ti'stififd that while on their way returning from Pinto to Oedar, they met Ira Allen. They ask v lie ed him if there was anything new answered, "The migrants mui dit. Tht die it cast, lhtit doom it tealed." , This ia important, evidence in some, respects, and,1 if true; tends to strengthen tbe ciipo fsr the proseoution.,: But, it ueems, that. Hickman and K'ingentnnith have neglected to post White upon this particular point. :;.Whit Bays they (himielf and Klingciismiih)did pot moet Ira Allen.. And, of courfe,' not having met him, no, such sconvereation took place. Here the. plot ailed upvu a, very material pyin', aud this circumstanc tends to show that Hickman' and s Klijlgensraiih were not .had, equal to the task,, f on which tht?y There's another circum-stanc- o been selected. Mhieh throw discredit upon thb. tcsiimocy of Klingenafjith ibis.? name-- . ly, that while be cinnot lemenibfr a. word of what was said at tbe meeting on. Sunday, or ih, the conversation: had in, the Old f ort on Monday, he now detnila distinctly the very words spoken by Ira, Allen at a cusual meeting on. tbe road. Becoucile these false and contradictoyou can, gentlemen ry 'statements then and say that the evidence, jury, convinces you, beyond a rensonable doubt and to a moral certainty, that John, D., Lee is 'guilty as, churged in the in, dictment i . .. , j ,..-- ! Do you believe that', after Ibis messago. of mercy had been sent by the order of Ilaight. the meeting of and converHatiuu with Allen coufd have Cfcaped White's attention ? Do you not believe that pitch converaaibu ,kwould , have made an impression upon the memory of White as ' ' lasting s lbs mind itself? Permit me to digress hers one moment for the purpose of stating what I under-- , stand to be the theory vf the prosecu tion.. None of the witnesses saw John, D. Lee at Cedar City. If they hadjes tified that they ia,w Lim at that' place. they perceived that it would have been-easto disprove tb?ir false statements. Tbey therefore meet Lee, solitary ond, alone,' some distance from Cedar, in order that it should bo impossible to con- -, tradicl them. And still it wus necessary, to support their plan against Lee, that he should bo seen ia that vicinity in or-- , der that he might with plausibility be. charged with' having been connected, with, the conspirucy clamod to be en- -, , tered into at Cedar, , , ( You ninst recollect that Lee lived at utiles disHarmony, soma twenly-fivtant from Cedar, also, that the emigrants, bad not yet passed,' and yet Kliugeu-smit- h testified that liaighi told him be had already sent Lc to incite the Indi,-- , aos to butcher the eaaigrantsi KlTuges smith also testified that while he and White were returning from Pinto on the Tuesday morning, they met .the emigrants just leaving camp, some six miles east ef Pinto aod about twenty. two miles west of Cedar. How cm this statement be true, if the emigrants did uot pnss, through Cedar until the Friday follow-- , , ' ing, as before stated by hini.., I will next call your attention to the, testimony of Klingenemltb 4t the field of; slaughter.' .. In ordsr, to convict Lee, waa necessary for, the prosecution to, bring him in as. leading spirit at that; place, k Upon, this point they failed aho. But they ins,ist that you muit overlook, their' failuret aud convict him upon the statement, contradictory and. contradict-- . ' ed; as it is, of this man Klingensmith, who elands before you in the charadei. of a confessed assassin. When ibey ur- -. rive at tbe Mountain Meadows. John i. Lee, according to Klingensmith, U"u command of the Hroors.." . They were', called troops by the proaecujion and by Klingensmiih. Tip men from Wsshin- -. ton ware denominated ''Southern Sold- - ' i era," and the. tuon from. Cedar were. called "Northern Soldiers. " Vq as 1 said, before, must be the leading spirit. Conand incite the mtn for fray. sequently he must make a speech and , sue words of command; but h.ow is he to, do this so that ajl ean, hear him? Some. . contrivance mutt be resorted to. that all the men in the. ranks mny hear him. Klingensmith exphini how, this, dune. He says the 'troops'' were or tared to iiai e. form a hollo That's i,t, gct-- ' lemen; ho)tow square waa formed, nnd, now the sold;iers can hear what is aid. S far,' so good; kut now let us see of hovv many men these troops'' eoasisted. AIL the witnesesa together on, anceunt foi. twenty-fou- r men, oly.. But suppoB, there had been thirty-twmen. That would have formed' a square, of eisr.t men. toji side, and wuld have taken Cl'tfinu4 on Seventh pge." no-ice- . cross-examiuati- , on : , . ' ; , s if e of-th- i " y, ! Q ; , . : : is-- o' |