Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-07-30

ence. His opening occupied four bonrs
and closed as follows: at is the theory
of the defense that John D. Lee went 10
the scene Of the conflict as soon A be
learned that the Indians threatened TO
attack the emigrants for the purpose of
pacifying the Indians and in order 10
save human life. For two days he ex-
erted every effort to draw of the Indians
and save the lives of the emigrauts. AZ.
ter the Indians had been attacking tha
train for some days, finding their ina.
bility to capture the people or dislogde
them from their strong corral, they be.
came exasperaied and demanded that
Lee and the whites around there should
aid the Indians to capture and kill the
emigrants, and that upon failure of
Lee and the whites TO aid the Indians.
then they would declare war of ex-
termination against the whites in the
settlements, and they then threatened to
kill Lee unless he would at once help
them to kill all the emigrants; that then
the life of Lee was saved from the Iu-
dams attack by the interposition of
Oscar Kamlin; that to avoid massacre
being ace emphasized by the Indians, Lee
sent dispatch to Haight by Hiebee
asking Haight to send assistance to him
to enable him save the emigrants from
slaughter and TO draw off the Indians;
that knowing that word had been sent
to Haight by Lee, the Indians agreed to
wait upon the whites and spare Lees
life until the return of his messenger.
After the return of the messenger the
Indians were promised the property of
the emlgrants if they would draw off and
let the emigrants alone; this the Indians
agreed to, and did draw off early in the
morning so as to lead the whites there
with Lee to believe that the Indians had
abandoned the contest; that afterward
Bateman went with flag Of truce and
made the treaty with the emigrants, and
that at this treaty it was agreed that the
emigrants shonld give their property to
the Indians and that the lives of the
people should be spared, and they con-
Quoted back to Cedar City. That these
facts were made known to Lee and he
ment to carry out the terms OF the treaty
and did, so far as he could, aid the emf
grants to escape, and took the children
placed under bis charge to Hamblin' s
ranch. That the Indians violated their
treaty and rushed upon the people con-
trary to the wish or direction of the
whites, and did the killing without the
aid OF any whites except p. X. Smith.
That klingen Smith has not told the
truth IN this case, that the prosecution
has not sustained the allegations in the
Indictment, that Lee has not committed
any act which shows legal guilt, that
there never was any orders issued such
as klingen Smith swears to, that the
Killing OF the emigrants was an act of
Indian atrocity and not chargeable to
the defendant nor any white man or
men, Samuel Pollock who was sworn
for the defendant gave full statement
OF the condition of the country in 81 in
southern Utah, also how the people
came to be at the Meadows. Heard that
the Indians had attacked the train and
killed most of them, that the peorle
were called to go and bury the dead and
save the living. The treaty was made to
give the Indians the property of the en-
igrants, whose lives were to be saved and
taken to Cedar City. Lee was then sent
to conduct them to Cedar City and went
for that purpose. Thought the Indians
had all gone, they were all out of sight.
Lee started with the emigrants in good
faith. The Indians rushed out and
killed the people. Lee saved the child
rem and took them to Hamblin ranch.
There were 400 or 500 Indians there who
stole all the movable property from the
wagons of the emigrants, and stripped
the dead whites, but did not do tina. till
next day. Klingen Smith gave orders
and superintendent the taking of the
wagons and stock to Cedar, but did not
take the children as he swore. This
witness changes the aspect of the cnse.
VIM. Young was present with Lee on the