| Show special to NEWS l territorial dispatches rit pit nissm WE sentence of lee BEAVER october loth 11 the court met at 9 am after the reading of tiie the minu minutes tes john D I 1 iree zee jee being in court judge boreman pro preceded ceded to pass pasa sentence of death upon him judge B johnd lee have you anything to say why sentence of death should not DO pronounced against you lee in a f nirm firm irm vol xoi voice ce replied I 1 have not judge B you john D lee the prisoner at the bar havery have by the verdict 4 of f a j jury been found guilty of murder in the first degree from the evidence before them the juny jury J ury could not have done otherwise than han to find you guilty the proof was clear and positive this is your second trial at the trial last year the evidences of your guilt were plain but th three ree fourths of the jury for some cause were for your acquittal quit tal the testimony adduced on the present trial is mainly from witnesses that could not then be obtained but thia this evidence for some cause has been unsealed and they theys the witnesses are found ready in your case to tell what part you played in the great crime if they hey will hereafter have opportunity of telling what others did to aid I 1 in p planning I 1 an ning and executing it the facts that the evidence was not brought out on this trial to criminate some borne other leaders does not show that such evidence does not exist much of such testimony name out on the former trial and the public in endes endeavoring ivorine to reach the bottom of the whole matt erwill cot confine itself to the evi eti evidence clence brought out on this trial alone the evidence at both trials will be considered together and according to ohp evidence at the former trial the massacre seems to have been the result of a vast conspiracy extending from balb lake city to the bloody nield field and the emigrants were plundered all along this thia line of travel nowhere were the citizens permitted to tx give or sell them anything to aust austain sustain ain aln iffe life either to man or animal although they were sorely in need thereof and the men who actually participated in the bloody deed were not the only guilty ones al though the evidence shows plainly that you were a willing participant in the massacre yet both trials taken together show that others and some high in authority inaugurated gui kui rated and decided upon the wholesale slaughter of the emigrants that the slaughter took place nineteen yea years yearb rs ago go and from that time down to th the represent present term of the court there has been throughout the territory a persistent and determined opposition to an investigation of the massacre shortly after the slaughter judge cradlebaugh sought to have it investigated but he for his efforts in that direction was vilified beyond measure and the ruling powers among the people caused judge Cradle cradie baughs efforts to be entirely unavailing the same policy has thwarted every effort from that day to this to bring the guilty to justice at the former trial last year the whole power and influence of those who are supposed to have had something to do with the dreadful crime were wore against your conviction tills this opposition to the investigation was in strict accordance with their settled tle tie d p policy olley of hostility and to pu putting t tin g the tho blame 0 of f this crime where whore it belongs but their efforts to smother aud crush out the investigation were found to assist or avail them no longer it was impossible to longer delay the day when the inside facts of the conspiracy should be brought out and they have suddenly changed their policy and seem now to be consenting to your death I 1 do rbt comprehend why this is so unless they have hope by your conviction to appease the public indignation throughout the country and that your conviction and death would end the further investigation of the matter but in this they are greatly mistaken this dread crime will not down in your conviction but it is the beginning of the end tha tho demands of ustice will not be sacrificed faced they the guilty leaders in planning ana and executing that chime crime are known awid arid will be broucht brought to the bar of justice and their cases investigated in the courts and passed upon by an impartial jury it gives me no pleasure to say anything in reference to tho the awful deed in which you were a willing participant you and all those who plotted platted this deed of blood or who participated willingly therein are no doubt guilty of a great crime and the inoffensive victims their mouths are closed in this world will meet and confront you all at at bar of almighty god where the secrets of all hearts shall be made knowland know nand the guilty cannot avoid that tribunal the world has bag not s sympathy amp a by for the perpetrators of so bastar dastardly d ly and cruel a butche the C christian h civilization of our day stands agart at the long and persistent efforts to prevent the guilty from being brought to justice and the long delay can only be accounted for upon the supposition that the guilty leaders in plotting and aud carrying into execution this crime control controlled ledy and still control the popular will and public sentiment in this territory there is a sympathy for you among some of the people growing out of the belief that you have been deserted by the parties and the plotters of the crime and left to be sacrificed but cevall good men feel that your conviction is but the proper execution of or the law jaw it is painful that any human being should suffer death for any reasons reason but outraged justice requires it no one that I 1 know 0 of connected with the adminis administration of the law tak tah takes any pleasure in your death nor in the death if any one it is is a settled duty which devolves upon them in this matter and they cannot avoid it in accordance with the verdict of the jury and the law it becomes my duty to pass sentence of death upon you and in doing this the statute requires that you may have the choice of you desire of three different modes of execution namely that of being hanged by shooting 91 or behead beheading Dg if you have any choice or desire in this respect you can now express it here the prisoner asked to be executed by being shot lee sald said I 1 would rather be shot judge B ahyou As you have made a choice and expressed a desire that you be executed by being shot it follows that such shall be the thee judgment of the court is therefore that you be taken hence to a place of confinement within this territory and that boti you there be safely kept in confinement until friday the twenty sixth day of january 1877 that between the hours of 10 in the tho forenoon and 3 in the afternoon of that day you be taken from your place of confinement and in this district be publicly shot till you are dead and may almighty god have mercy upon your soul |
