Los Angeles daily herald., 1875-07-30


| appears to be diversity of opinion
on the part of the Commissioners with
regard to Secretary Delano, but thus
| far the matter has come up for discus
| sion and il may be possible that moth
ing but routine business be brought
up. Contrary to expecta tion neither
Secretary Delano or Commit ssioner
Smith have arrived
! The Trial ofLee.
BEAVER City. July %. After re-
cess to-day, Isaac Riddle was sworn.
He lived 22 miles from the Meadows
in 1857, was there year after. He
saw human bones there. At the time
of the massacre he saw armed men in
Cedar. He saw Haight and Higbee.
Haight told me | had bett er go home
as trouble was expected with the In
dians. On the road met and travelled
part way with an armed party. Rode
all night to get home.
William Roberts was sworn. He
lived near P.rowan for y, Years.
Heard of the emigrants in 1897. saw
them soon after: Heard Bishop Dame
preach in Parowan to the people not
to sell them provisions. Talked with
Lee about the massacre. He took me
for man whom he had been abusing.
He said, "well, l was there and what
/ did was by orders" This was at
Harmony. The man he took me for
was of the same name.
The prosecution here rested their
case. Sutherland for the defense here
presented affidavit by telegram of u
physician in Salt Lake that Brigham
Young and G. A. Smith were too fee.
BILE in. health to come to Beaver
Baskin said All affidavit by telegraph
was novel and inadmissable. Suther-
land then served upon the United
States attorney notice to appear at
| Salt Lake City at noon on the 29th
inst to take the affidavit and offered
10 pay all expenses. The Court said
the old rule in criminal trials was
that no depositions can be read. The
statute changes the rule only OH con-
sent of the Council. Sutherland urged
the matter further and the Court de-
cided against him saying it was i'm
possible to grant it as the Statute did
not permit it. When men say they
are ready for trial they know who are
| to be witnesses and il Is too late now
to come in and ask for the admission
of affidavits even if the Statute al
lowed it. Sutherland said he would
take the affldavits anyhow and present
them to the Court. The defense ask
ed till tomorrow to open their case
and the Court adjourned accordingly.
| After the discovery to-day of Lees
preparations to break Jail orders were
issued that no one should visit him in
| Jail except his attorneys. This eve
ming Emma, one of his wives, an
English gypsey demanded admission
to the Jail and the jailer refused quot
disturbance and finally assaulted the
jailer with a rock knocking him down.
| A warrant was issued and Emma was
lodged in Jail. The state of affairs
Is such that General Maxwell has or
dered Lee into double irons. The
state of the public pulse is anything
but agreeable.
BEAVER, Utah, July 29th.-In the
Mountain Meadows Massacre case to-
day, Spicer, for the defense moved for
stay of further proceedings, on the
ground that this was not legal term
of the Court, the Government having
fixed a term of the Court without due
authority. The Court Overruled the
motion.
AS Lee came into Court to-day, he
shed tears. Spicer opened the case for
the defense. He sketched the course
of the Arkansas emigrants down the
valley Of Utah and said their butchery
was unparalleled and fiendish. He
would not claim that the Indians did
the deed alone, for white men were
there with hearts as black as those of
the savages. He would admit that or
ders were issued to those white mer--
such orders as could not be disobeyed,
and compelled the obedience of those
who took part in the crime. We ad-
NIT that the Mormon Church has bad
men in it, as is the case with all from
tier countries. Any church gets such
men in ii. He would claim that the
Mormon Church was not alone to
blame, but the men who did and acted
as much from the desire of their own
wicked hearts rs from religious con-
victions. He would prove that they
acted under orders, but would not
claim, as Joshua did, that the orders
came from the Lord for the destruc-
ton of the people of the city of All.
He would claim, however, that no
proof had been adduced that Lee had
killed anybody, although he was
| present. He would show that the
emigrants in all Utah were treated
kindly and furnished supplies; but in
this town they acted badly and made
much trouble, so much so that the
train divided and had two captains.
He would show that Utah at that time
was in state of war; that the people
had resolved to leave their homes and
| flee to the mountains doing for
JOhnston's army more than the Mus
covites did for Napoleon. He would
show that at Corn Creek there were
Indians; Kanosh, their Chief, is vet
living. There the emigrants had
difficulty with the Indians, who be-
came enraged beyond the control of
the settlers; that the massacre was
only an Indian massacre, though there
were white men in it, just the same as
at Deerfield and Wyoming. There
was but one man raised hand and
voice in all the three days siege at
Mountain Meadow for the safety of
the emigrants-onem man who wept for
them-one man who begged for rein
forcements to save them. He raised
his voice, saying: "Before God. cam
not do this deedn' That man was
John ID. Lee. If Klingen Smith, a
Bishop, authority, swears he can
not disobey and fired on the emigrants
to save his own life, what can be ex-
pected of simple layman? The peo-
pie of Utah believed in executing the
will of God from day to day. He
would show that there were but 20
white men at the massacre and hun
dreds of Indians, who compelled them