Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-07-25
THE LEE TRIAL

AHe ioiowlng letter. from Judge
Bishop, Is comprehensive, and gives
detailed account Of the principal points
in this important criminal case
BEAVER CITY. July 81. 1875.
Ed. RECORD FL know that you are in
formed by Telegraph Of the material acts
as they take place in the case Of John ID.
Lee. yet there are many matters con-
ntcted with the case that will perhaps
interest your readers. Wben / arrived
here on the 11th instant, found the
prosecution apparently anxious for John
d. Lee to turn States evidence, in order
TO clear up the mystery 80 long obscuribg
the facts in the case. Believing az l did
at that time that Lee bad much to fear
from the prejudiced community here, as
we'll M from the outside pre- ssure brought
to bear against HIM, and doubling our
ability to obtain a jury at this term OF
court; and not willing for our client to
be confined In Jail until next January.
that being the earliest time that q Jury
can be drawn, when the present Jury list
il exhausted, l, with the full consent of
all the attorneys for defendant, advised
him to make n full and complete state
ment of the case, and to fully expose the
entire transaction. Upon the promise OF
the prosecution being given that Lee
should be given full immunity for his
acts in that behalf. Lee consented to
make the statement full and perfect. To
give time for this the case passed over
until the 18th instant. During this time
Lee, aided by myself and associates, pre-
pared full and detailed account Of the
case. giving every fact connected with,
preceding or following the massacre at
Mountain Meadows. This statement be-
ing copied and corrected, was then
submitted to tho United States At
torney Willism Carey, and to his assist
ant. d. p. Wheedon. They refused to &C.
cept it. or to enter nolle In the case,
claiming that Lee had mot told it all"
But the real reason for their refusal to
discharge Lee and accept his statement,
is that John d. Lee shows, beyond the
possibility Of q doubt, that Brigham
Young is innocent and knew nothing of
the transaction until many days after the
massacre occurred. Lee would not COM
NIT perjury to save his life, and as the
Mormon Church could not be disgraced
by his testimony, il was refused. The
case was set for trial yesterday. At the
opening OF the court the prosecution ap-
peared by Carey. u. 5. Attorney, and D.
p. Whedon and Robert n. Baskin, As
ssstants. The defendent was present in
court with his attorneys, Spicer, Hoge,
| Bishop, Sunderland. Bates and McFar-
land. The defendant announced through
his counsel that he was ready for trial.
The prosecution then asked that b. fore
proceeding further in the case, that John
d. Lee be arraigned upon an indictment
against Lee aud eight others. charging
them with murder. conspiracy, incitng
Indians to commit murder, etc. The
attorneys for defendant asked one day
to prepare pleas to the indictment.
This morning Lee was arralgped upon
the last named indictment, after the
pros. cution had entered nolle to the
Court in the indictment which charged
conspiracy, ETC., leaving the Indictment
to stand as one for simple murder. To
this indictment pleas were filed. claim
ing that the indictment was not found by
legal Grand Jury; also that it was
never filed In open court or in the pres.
ence Of the Grand Jury that found the
indictment. These pleas will be argued
this afternoon.
July %. 75.--The Court overruled all
the pleas filed and objections made BY
defendant. to which ruling the defendant
excepted. We have no doubt but We
have sufficient errors to set aside any
verdict that might possibly be returned
in the case.
This morning the Court ordered
that tho jury be called, During impan-
cling Of the jury there was considerable
legal sparring, all OF which WAS carried
on in q spirit Of good humor between
the attorneys. Contrary TO all tXpecta.
tons a jury was obtained ont OF the 81
names first called and four Of those ex-
cused for cause were excused on the
ground that they had been called az wit.
nesses by the prosecution. The United
States Attorney waived bis first peremp.
tory challenge, and the Attorneys for the
defendant agreed to accept the Jury as
then constituted, this was accepted by
the prosecution and the jury was sworn
at 8 o'clock p, IN, to try the case, and
were placed in charge of the officers
During the day the prosecution added to
its force Of counsel by addition of C, NJ.
Hawley, a son of ex-Judge Hawley; he
4 is young man Of fine ability and much
legal experience as an advocate he has
few equals for u man of his age Pres.
, ley Denny. of the firm of Denny Il Swift,
+. was also added az an attorney for prose.
: cution. Mr.. Denny is man OF more
: than average ability, a close student and
8 brilliant, logical speaker. and so vel
informed upon Utah matters that he will
give great weight to the prosecution.
: Now the trial will proceed and the
: jury will disagree or John ID. Lee will be
i acquitted, Of this have no doubt Tn.
Q reporters for As. ociated Press and sew
eral specials are here. all busily engaged
hunting items and manufacturing new,
when there is scarcity Of items. Thi
4: case will last for many days. Twill! b,
home when it is ended. We think i,
will last two weeks. Yours.
w. w, BIsHoP,