Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1872-09-27

down their arms, came out from their
camp, and delivered themselves up to
the said Lee. The women aud children
were then, by Ordes of said Lee, separ-
ated from the men and marched ahead of
the men. After the said smigrants had
marched about half mile towards Cedar
City the order was to shoot them down.
At that time said Lee was at the head of
the column. l was in the rear. l did
not hear Lee give the order to fire, but
heard it from the under officers as it was
passed down the column. The emigrants
were then and there shot down, except
seventeen little children, which l imme-
diately took INTO my charge. l do not
know the total number Of said company
as / did not stop to count the dead. l
Immediately put the little children in
baggage-wagons belonging to the regi-
ment and took them to Hamlin's ranch,
and from there to Cedar City, and pre-
cured them homes among the people. J.
Willis and s.. Murdy assisted me in TAX
ing charge Of said children. On the
evening of the massacre W. H. Dame
and Lieut.. /. Q. Haight came to Hamlin's
where had the said children, and fell
into dispute, in the cousre of which
said Haight told Colonel Dame that if he
was going to report of the killing of said
emigrants he should not have ordered it
done. do not know when or where
said troops were disbanded. About two
wesks after said massacre occurred said
Major'Lee lwho was also Indian agent)
went to Salt Lake City and, as l believe,
reported said fight and its results to the
commander-in-chief; was not present
ut either Of the before mentioned coun-
ellis, nor at any council connected with
the aforesaid military operations or with
said company. / gave no orders except
to those connected with the saving OF the
children, and those after the massacre
had occurred, and said orders were given
DIS bishop and not in a military sense.
At the time of the firing of the first vol
ley l discharged my piece. l did not
fire afterwards, though several subse-
quent voileys were fired. After the first
fire was delivered set about saving the
children. commenced to gather up the
children before the firing had ceased. l
have made the foregoing statements
before the above entitled Court LOT the
reason that | believe that would be
assassinated should Iattempt to make
the same before any court in the Terri
tory of Utah. After said Lee returned
from Salt Lake City, as aforesaid. said
Lee told me that he had reported fully to
the President, meaning the commander
in-chief, the fight ut Mountain Meadows
und the killing Of said emigfants. Brig
In at ! No..
in.chief Of the Militia of the Territory of
Utah; and further deponent saith not.
tSigned) PHILIP KLINGEN SMITH.
3 Subscribed and sworn to before me
this 10TH day of April, A. D. 1871.
(Signed) P. b. MILLER, County Clerk.
TCopy Of fSeal-District Court, Seventh
Judicial District, Lincoln County,
Nevada. LA -
Itch Territory, County of Salt Lake.
l, .. +. Strickland, Associate Jnstice
Of the Supreme Court Of Utah Territory,
hereby certify that have carefully com
pared the foregoing copy of affidavit
with the original of the same, and that
the foregoing copy is true literal COPY
OF said original, and that such compare
son was made this fourth day Of Septem-
Der, 1872. u,
{Signed) o. F. STRICKLAND.
Territory Of Utah SnA Lake County.
l, James B. Mexican, Chief Justice of
the Supreme Court of said Territory, do
certify that l have carefully compared
the above copy OF an affidavit with the
original OF the same, and know the same
to be in all particulars true copy
thereof.
(Signed) JAS. B. McKEAN,s t.--
Chief Justice, &c.
: Dated September 5, 1872. -. r7