The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-09-20
Trial of Lee the Mountain Mead.
NV Murderer,

SALT LAKE, september lt!-4ne lol'
lowing special dispatch has been re-
ceived dated Beaver, Uutah, Sept. 18th
At the Lee trial this morning Spencer
made q motion that Lee be discharged on
the grounds that the statutes OF 1852 un'
der which he was indicted had been re-
pealed by an act OF the Governor and
Territorial Legislature passed and coming
into effect March 4th, 1876. He read
several sections Of the new Penal Code
citing numerous authorities. The prose-
cution made no reply.
Judge Boreman, replying, said; l do
not think there is anything in the point
raised admitting that the statute Of 1852
is expressly repeated, but the authorities
cited were not applicable to the case.
And l can not see that any jubilee was
granted to John D. Lee by the Terrific
rial Legislature or by the law.
Mr.. Denny began the opening address
for the prosecution this morning, and
continued until recess at $50 P. NJ, con.
fining himself 10 the acts Of Lee in incit-
ing the Indians to attack the emigrants
before an answer to the messenger sent
to. Brigham Young was received, and
also for acting in Opposition to
to the direction OF the Council at Cedar,
showing that Lee was the main leader in
the massacre from the beginning to the
end. ~
J.C. Foster followed for the defense,
and advanced the theory that Lee partic!
ipated in the massacre by an order from
the higher authority at Cedar, and that
the witnesses are not competent, because
they were actual participants.
The general opinion is that the jury
will agree to the verdict Of guilty, as
charged in the indictment. ~,
! SALT LAKE, September 19.-1n the Bea.
yer court this morning Bishop began his
closipg speech for, the defense. He de-
nounced several Of the witnesses as testi-
flying to such facts az related to Lee, and
screening themselves, but showing that
they were actual and some OF them will
ing participators in the massacre; that
the church had resolved to sacrifice Lee,
discarding him and leaving him 10 a fate
consequent on such evidence as has been
introduced. He denounced the evidence
OF johnson, McMurty and Hamblin as
untrue, that those witnesses were part Of
a conspiracy to hang Lee; conjuring the
jury not to consent 10 this sacrifice by
their verdict, in order to lift the odium
and the cloud OF guilt that the world
had cast on the Mormon people
because OF that massacre, but to throw
aside the evidence OF men whose hands
arc imbrued with blood. He closed by
reading a proclamation OF Brigham
Young, with accompanying instructions,
in September, 1857, when Governor OF
the Territory, as to an army supposed to
be coming from the East with hostile in
tentions, begging the jury to consider
the peculiar state OF the country at that
time. The emigrants had aggravated
the Indians to such an extent that moth
ing less than their destruction would ap-
pease their wrath.
United States Attorney Howard, in
his closing speech, replying to Mr..
Bishop, said he had been engaged con-
stantly for the past three months in sift-
ing the facts and everything relating to
or connected with the massacre. He
had come there for the purpose OF trying
]. D. Lee, because the evidence led and
pointed 10 him as the main instigator
and leader in the massacre. He had given
the jury unanswerable documentary evil
dence proving that the authorities Of the
Mormon church knew nothing Of the
butchery until after it was committed;
that Lee in letter to Brigham Young
few weeks after had knowingly misrepre-
sented the actual facts in relation to the
massacre, keeping him still in the dark
and in ignorance He had all the assist
ance Of any United States official in any
case; nothing had been kept back, and he
was determinedto TO clear the calendar Of
every Indictment against any and every
guilty participant in the massacre, but
didn't intend to prosecute any one who
had been lured TO the Meadow at the
time, many Of whom were only young
boys and knew nothing OF the vile plan
which Lee had originated and carried
out for the destruction Of the emigrants.
Mr.. Howard finished his remarks at
$3.50 p. M, and the court adjourned ill TO-
morrow morning, when Judge Boreman
will deliver his charge and the case will
be given to the jury.