| Show NEWS territorial dispatches 8 Z I 1 ren deserret aike lem leg trini trial ammah admah ap W I 1 mah diep S cal t I 1 th nu court I 1 lie lle district court this morning in the case of the people vs idaho bill defendant plead not guilty the people vs idaho bill and A al winn defendants ants plead ther thep uie hie eople people vs idaho bill lef A J its plead not guilty the people ac vs john dlee petit funy fury Impanel led and sworn to try the case the names of the jurymen juryman are aro vm win greenwood john E pace A lil farnsworth stephen 8 barton valentine carson alfred J It randall andall james B S montague A B S goodwin good win ira B elmer andrew A correy charles adams walter granger district attorney howard Is soiling opening the case to the jury now p in bishop and noster foster of pioche assisted by ono one spicer are attorneys I 1 for lee district attorney howard in opening the case to the jury yesterday made mide a concise clear and comprehensive statement asserting that the prosecution would not seek ti to convict a whole community fora crime perpetrated bya by a few men the giving of evidence will commence tomorrow to morrow A number of witnesses who testified at lees former trial will do so at 41 this opinion here heie is divided as to the probable result of the tha trial some express belief that the prisoner will be convicted while the latt lattera erps erys counsel and others are of opinion lolk fOlk the evidence will be insufficient for a conviction in the second district court this morning after the arraigning of idaho bill AJ A winn and arid N F hansen the case of the people vs john D lee for the murder of emigrants at mountain meadows in 1857 was called both parties announced themselves ready for tria trial 1 the petit jury were called and in about one hour to the astonishment tn nt of a great many a jury w was as empanelled empanel led to 0 try the case r the court court 1 then adjourned tilt fill 2 P pm kar at 2 p in district attorney noward howard opened the tho caseto caieto case to the jury juny for the prosecution he reviewed the history abid and announced that he came here hera to try john D U lee and not brigham young ana the mormon church who were not indicted lie he intended to try john D lee leo for acts committed by lee personally he recited to the jury juny tho the facts which he proposed to io prove drove ly by competent te testimony almony as to J A lees guilt in the dagati case pro oro proposed he fro proposed posed to prove dio fio e that john jofin D lee e without ab any y authority from any council or officer but in direct opposition to the feelings and wishes of the thy officers of the mormon church had gone to the mountain Blount alit Mea I 1 where the indians were then their encamped accompanied only by a little indian boy andrad and had assumed command of the indians whom lle had hid induced by promises of great booty to attack these emigrants that bat in his 1 alback on the emigrants hoaas he jahs repulsed that finding lid he could not get tiie the emigrants out he sent word to the various settlements of southern utah So for men to be sent to hima him representing that thit the me men it were needed for var Tar various lous ious seto some s saying baying g the indians had attacked t the h e emigrants I 1 grants and abid it was necessary ebsary to have men sent to draw off the indian to others that thit licefi men where were necessary to protect the emigrants and mill to others the emigrants were all 01 killed and that they were required red to bury the dead I 1 these men went la good faith to perform a humane act that he had arranged with the indians to I 1 bring the emigrants out from their corral bf or fort rort by means menns ean s 0 ora ofa ra nug ot ruc truce rue that b bv y this act opt of perfidy he had induced apio emigrants to give givs up lap their arms vad gaa ana anu place themselves under his protect protection io a loading the arms armi and the rounded with ten men tho the tew 1 q legs M wiil wh he had ordered order this purpose that he t nhep then started the wagons a head ahead following himself aud and the women following ng next fabe the men bringing g up lapp the he r beahn L sin SID single gle gie file thai that tuat lees Leei aner aher having travelled from th three ree of a to lije mije gave ave the order to firmand nire fire and the thi e i slaughter laugh commenced in that onelma with jils llis rifle clubbed mier wier TW rinel und and brained another woman wom t A i i 1 I A 11 el il 1 then drawing his pistol shot another and se seizing zing a man by the tho th e collar an and d drawing him out of a wagon cut his throat that he be gathered up the property of emigrants and took it to his bis own place using and selling it for bis big own benefit and n A use all these charges against 1 jno ao D P lee he district attorney At torney Ho howard wara proposed to prove to the juit jury by competent testimony test mony beyond reasonable doubt or beyond any doubt and thought no appeal tp the jury would be required to andu to give gevea A verdict in accordance with the evidence attorney howards delivery wab was very forcible and effective in the open opening ing showing that he had well weli studied and laid out tout his hia theory of prosecution W W V bishop of pioche opened the case to the jury for the defense in a very able and eloquent speech denouncing the character and testimony about to be he introduced by the prosecution he fhe was wa glad giad to hear that brigham young and the mormon church mistrial in this case etwas the first simein utah that he had had the pleasure of trying the case on its own merits he was not afraid of the conviction conVIct fon lon of jno D lee and asked the jury examine the character of the testimony introduced by the prose prosecution cution neaver BEAVER sept 16 this morning after offer some argument between bishop and howard as asto to witnesses being kept out of the court room and from conversing with each other during tile the pro progress gress gresa of the trial boreman ruled that witnesses could have the liberty of the court room elsewhere or converse president D 11 wells was the first witness the prosecution called he testified that he had bad lived in T utah heah since the fall ot of 1848 he knew john min D lee who lived at harmony in 1857 he was a fai fat falmer mer among the indians and had influence with them understood their dialect sufficiently to converse with them lee had been a major in the militia but witness believed he was not one at that time laban morrill morril 1 of johnsons fort was called ibe lee he iee testified that liff hei lived there in 1857 was a member of the council of cedar city to a few days daya after the emigrants passed based through cedar a council was held hold at which he wa was present r be nt when the subject of the je destruction st ruction of the discussed and ur urged ged by a few particularly liri ht that K smith V was as the filoia mos obstinate of dr all ail auy v Q thi th til i council apil was determined on the being massacred witness strongly bp posed and urfred tila t a message me asao e be sent to Prest president lent young and t that hat the indians supposed to be attack in ing 4 them dhembe ue h ela eli till an a answer i a w cr d dispatch i 4 p a cd ri 1 d b be i j r e i c d it knew n e w Ja james mesHa haslem 1 who 13 0 was hassent sent w with wilh a ing ung message ipg m to 0 president d nt young ande and returned forty eight hours after the mal mak massacre lt izaure was james haslem of wellsville cache vailey was swarn sworn he hei lived in cedar citrin city in 1857 was ordered by iby haight to take a message to president jt young with all speed speedy knew the contents of df tha rhe rne s sa ge left cedat city on M mond dyt dyl d sept 79 1857 betwee between ii five fi and d si six pm and arrived at salt lake laka on thursday at it 11 am started back ata at 3 pm and reached cedar about 11 a m sunday morning september delivered the 2 answer anser from president young to haight who said it was too late witness testified f thai when leavi leaving tig salt lake to return ursi president young said baid to thim him abo go with air 01 speed spa spare re no horse horbe h orse orbe flew fleo the emigrants must not be meddled with if it take takes s all iron county to prevent it they must go 90 free and unmolested witness knew the contents of or the answer answer aa samuel muel muei of santa ganta clara testified t hat that ho was wag ran ranching chug at the nort north h end of the mountain meadows in I 1 september Septer niber riber 1837 1857 il aw maw lee one orie evening with bullet ho holes hoies ies les in his hat and clothing ng lee said that he with indians had attacked the emigrants em grants granta that morning 99 9 9 and nd ba had bad been repulsed lee andolin and Klin kiin gen smith ordered knight to t fake ake his team teania and go with veni vena t to the emigrant camp saw lee go with a man carry carny carrying inz ing a flag of truce r A AL man came out of the cam campano and talked with lee immediately after the emigrants all came out their guns were loaded in knights wagon with some wounded bonien witness droye drove the second d team 9 1 caurdy drove the braff agon wp reaching lis ils ris ground witness heard a gun bred fired and lawlee saw lee strike A woman with a club or gun who fell feil dying all were killed in his wagon but the children ada AVA lurdy of paradise cucheval cache valley testified that ho he lived in cedar C city y in jn 1857 was ordered by hig hee bee b e 0 t to 0 go to the mountain meadows his team and bring the emigrants back a beached there at midnight did not many men were there saw lee a and kiin klin gen smith who were the leaders of fhe the massacre at the meadows went wept tok the emigrant migrant camp and loaded hip wagon i with men women and childre children n about six when over rising ground out of sight eight of the emigrants who were following on foot heard hearda a gun un fired and saw lee holding a gun pointed at a womans comans head haw baw indians rush on the them emigrants after the killing hilling was over lee threw the dead bodies out of his wagon aw witness brought the ahll phil phildren dren dreu to tu ickar on the cross examination by bishop witness declined answering ng as to any participation in the massa massacre cre jacob hamblin was recalled this a mj m stated that lee further told him that an indian lived at cedar brought two girls giris who had bad been hiding in the brush to him lee and asked what he should do with them that they were too pretty to kill hill lee replied that he must shoot them that they were too big the shot one and lee threw the bhe other down and cut her throat thront that when ham blin biln returned to his barche he went oven over oyent the he ground and found the boles boies of two girls about the age described from 13 to 15 lying near tog together etheri with their throats cut as described to him by her tha the children who was about eight years old was at his bis house housa who claimed the two bodies as her bibs sibs sisters t ers and that their name was as dun bunn lap ap hamblin a bl n on being asked by th the e defence if I 1 f he had ever told tuis this to any on one r replied it d that he had and more toot too that at soon after the occurrence W when en he remembered it better than he be did now had bad told it to president young and george A smith that president young told him that when the night time came and we could get a court acourt of justice to go and tell it and on being further pressed said sold he had not seen the enn eff effects bets of any court ot of justice from that time to this but thought now W was as just the right time to tell ir it TJohn Bonon on being recalled stated state that pub huu to tue the massacre he was vas sent to protect tho the next company of 1 et emigrants migrants mi grants granta to the tho h e santa clara tha that t on ovi oil his way he stopped at harmony where he saw john johni D lee lee iee who proposed to him to get the emigrants into an ambush da b h to destroy them by the indians and so ge get t their property also vat thai h he pad johnson replied there has been too much blood shed by bi you yop already I 1 have been instructed to see them safely through and I 1 will do so or die with thern them that he then abused him calling him ugly names that thab that he itigan identified rifled the pi at ahe the bar as being beluk jno D lee leq th the prosecution rested their gose case here hekel to the surprise of al all ail pre present in the Ahe court ourt room lees attorneys an pounced announced that they also rested their cae case and won would id not introduce any witnesses but give the case to the jury on the evidence already adduced by the tha prosecution a and nd asked for a continuance of the case until monday the to give time to prepare argument and in lin int t to the jury abd tbd courtad burned till monday at 10 and instructed tha the witnesses to remain as other cases fertall pertaining illig the massacre were to be disposed of B bewyer ept iiii the evidence e of enri day afternoon i and saturday atu roay last las t wa ve ry clear and positive as to nee lee bavin having baving shot hot ar and killed forror fo uror proT uron five wounded oun ad m men n land a 1 lad women lying Ap lessIn L ulia the wagon that witness was driving and nd his heart heartt desness in the the slaughter witness wines dr drove ove I 1 ille the lead team and te allfie that as aon oplas I 1 aa lee fired the furs ahot preceded by the tho word a halt the indians indiana rushed out of tue tur their amboh apparently on all sides surrounding the emigrants com corn the work of only ite lasted d a few minutes I 1 that f on bl hest best ud 9 ment there thero were not to exceed twenty i tive five white whiter men on the ground who luid had been beell deceived as to w what hat bat was wanted of them there aud and knight negi that not more than one third of thia this ti number timber took part in the in massacre as and it can be proven that several even of these shed no blood bring firing in the air blat that the indians were armed some with bows and arro arrows vvs tva but mostly with guns and soon completed the destruction nephi johnison Joh lison testified that he lived at Jehn sons fort iron co A in bi 1857 he was on the mountain mounta n Meadow sat the tf time me of tile the massacre that he did no not know leess leea Intent intention loft as to the destruction truc tion of the emi emigrants brints he was wai on the hill near by when lee fired the gun he saw lee shooting and kill two or three he was an indian interpreter and engaged to the jukes emigrants the next following the company mass massacred acied from beaver to clara that when witness got to harmony on the wax vax way with the company kee lee ner I 1 urged him to lead them into ambush in the santa clara mountain and lee would surround them with nith the indians and destroy and take all they had witness refused saying you have shed enough blood already I 1 have agreed to pilot this company through the country and will dabo da so if it costs my say life lee called him mm a coward fret flet etc lenef JENef defense ense cross exam ined this witness more than thab the ret rest and confused him some but could not affect much damaging positive evi evl evidence denice defice as to lees acts and guilt 7 1 jacob hamblin the last witness called for the prosecution testified to admissions by lee to him of bf acts of murder and participation in coln coin commencing menel tig tind and completing the massacre and that lee justified himself in the act |
