| Show IP P r deseret telegraph ceu TeU graph territorial ERRIT ORIAL dispatches special to the NEWS second district court beavery BEAVER 5 the second judicial district court in utah this morning at 11 am jacob S boreman presiding wm W bishop from pioche nevada novada engaged on the defense ef or john D lee with E D hoge and wells spicer was admitted to practice before this court and it was moved that lee be called to answer to indictment the 3 adge ordered lee to be brought up tomorrow to morrow morning to answer to the charge of murder in the mountain meadows massacre eleven grand jurors were accepted passing the usual examination as to bian blan or prejudice to finding indictments against polygamists amista gent wl ml maxwell and deputy marshal marshai Prat pratt t of the third district couri courts Courty salt ait alt lake arrived here per stage last evening bring bringing no yh JI dame charged murder in the mountain meadows and who was taken from this thia city last N november vember to the penitentiary sutherland and bates attorneys for dame will be here tomorrow to morrow evening having to answer as to alleged contempt ef of court bates having proffered ered to give security for the appearance of parties under indictment for murder and complicity in the mountain meadows and not yet arre ansted an eted ted counsel for lee are determined if possible to bring jhb case to trial this term as asi I 1 is fully believed that the court adnot intend to br urina brina in u up P this cae the present session th h lack of evidence they interviewed lee a few days since he is in I 1 n good health and anti anxious for trial and declares his innocence he lie feell confident of acquittal on the present indictment his hid wife R eichel I 1 visits him daily and exhibits her attachment attai ament to lee as fivash sha a when he was arrested last fall at P panguitch u i c h philip ili lii p linger smith who turned states stales evidence making a lengthy conf confession eslon per affidavit some two years awo ago ngo ago at pioche is being inquired for but is not to be found he is said to have been beet bishop at the time in cedar city iron county and one of the main leaders of the massacre BEAVER braver april 6 1875 this morningan mornin gat 10 loam am john di D aee wee lee was brought in court to be bear ar reigned and pleaded about elevee judge boreman notified lee that four or tive five at attorney torne y a had claimed personally and by letter as having been employed emp empi oyed in defense of his case and remarked that mr air bate bite of the firm of sutherland bates of salt lake had bad not yet arrived but would be here this even evening n t g and if you choose you can enn wait till be he comes and then plead if not you can answer today to day lee rose and in a very respectful mauner manner and clear voice velce said 1 t I leave the matter with judge spicer lie he is my chief attorney the court answering ail ali all right you can wait till they all came come or not spicer spleen asked ked that the indictment be read the court concurred lee again rose to his feet and wilkins clerk of the court proceeded with reading lee taking in every syllable and looking attentively at ten lively at the clerk with a thoughtful coolness charging him with shooting and anil killing onename one Jame wilson Wils at mountain meadows dows iron county on the sixteenth day of Sept 1857 when the clerk had bad finished and remarked to lee to this charge do you plead guilty or not guilty spicer sitting by the side of lee took hocq hol bol of his hia arm as if to restrain him bind from speaking and said considering that the indictment has bei been ii found some seven months ago and that lee has been in prison on for live five months for the purpose of bringing this matter to a speedy trial believing bol boi ieving leving in the entire innocence of the defendant fen dant he comes here in open court and waives all ob objections to the indictment a nil all error errors rioters and entries ana and enters plea of not guilty remarking to lee do you plead not guilty lee answering yes sir bir not guilty 11 spicer observed to the court that the case was not in its proper place on the list the court referred to the prosecution who explained and said gaid 1 I will state here that the prosecution will be un unable able abie i to take that case up this term of court and I 1 give this information now that tile the counsel can govern thema themselves elves aa to witnesses the court consented to hear counsel next monday as to the tie cas caa being tried this thir term mr Bi biscoll answer answering lug said faid we will be ready anti and press pruss the caso case for trial lee was taken back to his room at fort cameron hi hf is said to have been unwell the last two weeks this afternoon in the case of bythe walker vs searles action to receive some for labor laborete etc lone done by plaintiff on claims in this county bishop and christian counsel for plaint plaintiff liz lIT and denny swift and hawley for defendant motion that the summons be set aide alde was argued by denny and ably answered by bishop BEAVER 7 court opened at 10 am m four more names of jurors were called and accepted making fifteen the cormons mormons Mor mons benj D gry gray gny ephraim wilson myron 8 roundy agns rogers albert B grimn griffin stephen thornton H S st stephens and P G davis the he gentiles and apostates ferdinand rosen Roien crantz erantz robert IC ershaw Kershaw geo harroun charles van bern saml moffit thomas will joh john n hunter and robert kershaw au an apostate was selected by the judge as for foreman e after which his big honor belive delivered r the most severe charge ever heard in a court in this territory making pointed reference to the teachings of the authorities ef of th the tha mormon church the crimes of polygamy adultery lascivious co habitation an e reflect reflecting ili lii 1 on polygamous gar rious families as degenerating 1 9 their offspring and producing ignorance poverty and starvation I 1 remarking that uhe the day d ay is rapidly y approaching when this hideous monster will wilt be put out of sight as a thing too loathsome for public view vi ew the power of the leaders will be brouen broken and by a fair enforcement of the laws lawa 1 many will find themselves in fel fei felons ousa cells vice and degradation everywhere mark the footsteps of this loathsome crime it id is a crime that is tided all around you and the elders eldera are nearly all guilty of th this Is crime there was much indignation in the he audience and general disapproval expressed at the uncalled for reflections evidencing too much of the missionary spirit of mckean and tinged with religious laus iaus animosity great surprise was ex pressed expressed by the visiting members of the bar from other states D P whedon prosecuting attorney ney moved that W H dame be brough t tinto into court to answer to the indictment deputy marshal marshai pratt was w assents to the jail ien ier dame dime nol not ot finding him there he returned to court and the tiie general asked the judge to issue an order to have sheriff hunt hant show cause why he had released the prisoner hunt answered that he had not had the pris prisoner ouel in charge and by evidence it was proved in court that no one oue fegaly authorized was in charge of the bishop who at the time pratt prat went for him was eating breakfast at the prisoners boarding house opposite the jail the order against hunt was discharged the prosecution asked that dame be arraigned mr john M r mcfarland attorney for dame asked that he be not called to plead until next monday 2 as the defence defense wished to file a plea j iii iu abatement previous to arraignment ament it ia is reported that the marshal marshai Blar diar shai bhai will take lee and dame to salt lake for safe keeping until the prosecution is ready for trial BEAVER april 8 in rn the caso case of dame ame he will appear on saturday to enter a plea in in abatement to ta tile the indictment then plead dot guilty and demand a trial 1 the judiciary hero here have no funds or money to pay jurors off omm meers officers or witnesses aud lees leea board bill during the last lau five months is not paid yet nor damned darned transportation from beaver to salt lake Neither Lees os nor Dames case will be heard this term the civil cases being disposed of his this week the case caso of alias levi a jew who married miss wardrobe of or salt lake over twenty years yeara ago now the wife of wm fotheringham mayor of this city is before the grand jury there is a that an indictment of adultery will be found against aria wm fotheringham who married mis alis mi ali S wardrobe 19 years ago lee having deen doen deer daer e el I 1 her with a babe a few months old and afterwards he was cut off tile the mormon N church for adultery committed iu in the eastern states wife and oldest son eon have havo been under heavy bonds several months but the complaining jew who alleged the charge before wilkins clerk of this court is non est fotheringham polygamy case indictment found last september will be tried next week may bo be seen hil all over the territory polygamy in every phae pha e of its character la Is degrading and aud beastly it drags man down to the level of the beast woman is placed in the same social position she id is looked upon as a drudge and slave fit only to perform the hardest work to gratify tha tho slavish passions of those to 10 whom she believes herself married she never hears the endearing name of or wife wire but we always hear her cheerless title of my woman she knows nothing of jo love jove e and the charms of home are strangers to her no section in the united states stated is filled with people so negligent as families in utah vice is i ve veny very 7 prevalent and general degradation everywhere marks the footsteps of this loathsome crime it isa is a crime that each of you know is pr practised practiced cthel all around you every community has numerous persons living in polygamy ys and the leaders are nearly all gul gui guilty I 1 ty of this crime erime persistently argi urging ng their deluded followers in in bonim committing it the same degrading offense ye yel these very barne men wi will 11 tell the world that they are la a w abiding citizens such falsehoods are but too com eom common monand and men do not even hesitate sometimes to perjure them selvestin selve sin regard there ares arts brusome some somo men in polygamy that I 1 should not like to see punished I 1 refer to a few in which an honest and perfect separation has taken place between the parties and I 1 believe all alt good people would rather that none should be punished if they wid will but cut booso from the system some talk about polygamy poly gamy as a part 0 of their religion so far as the more intelligent are concerned this is the silliest nonsense they do not think it to be so they used to claim that thab blood atonement was part of their religion but the elevating influence of or a better civilization showed this to bo be sanctioning cold blooded murder it is now almost if not entirely dead so will this twin crime polygamy soon eoon look to the eyes ot of the now deluded masses the day is fast approaching when this hideous monster will be put out of sight as a athing thing too loathsome for public view some matters respecting th mountain meadows massacre will be called to your attention if so or if either elther of you know anything of this bloody and inhuman buix butchery divulge it all it is your sworn duty to do so it is not expected that all who were engaged in that butchery will be punished some very young men went into it no doubt with fear that their own lives livee would he be taken this is said to have havo me been een the case in numerous 10 instances sa ce young men not out of their teens where forced into participation in this horrible deed a deed the very thought of which makes human blood to curdle on account of its atrocity the leaders and active men in this crime should be punished to the utmost extent exten t of the law those who were then mere boys and forced into it should now come forth and as law abiding men tell you the whole case you should ask them to do so by so doing they would clear their own consciences hell help to bring to justice the leaders and save the whole people from the charge of participation dr f or connivance in this terrible crime 11 |
