The New York herald., 1876-09-20
MOUNTAIN MEADOW MASSACRE.
THE SUMMING UP IN TIE CASE AGAINST LEE
CONCLUDkD.

THE SUMMING UP IN TIE CASE AGAINST LEE
CoNCLUDKD.
SALT LAKE, Utah, Sept 10, 1875
Tho following special despatch received this
morning from Beaver in regard the trial OF ohm D.
Lee:-
Mr.. Spiccr made . motion that Leo DO discharged,
tho grounds that tho OF 1882 under which
no was indicted, had been repealed by act Of the
Governor and Territorial Legislature, passed and
coming into effect March 1876. Ie read several
sections OF the penal code and cited numerous
thorities. The prosecution made reply.
Judgo Boscman replying ad-"l do not think
there Is anything In the point raised admitting TINT
the statutes o 1852 expressly repealed But Tho
thorites cited wcro not applicable to Tho case, and
cannot that any immunity granted to John ID.
Leo by the Territorial Legislature or by tho law"
Mr.. Denny began tho opening address for tho prose-
cuion this morning and continued TIL half-rast two
Z. NJ combining himself 10 tho acts Of Lee in melting
the Indians 10 attack tho emgranis before an answer
TO tho message sont 10 Brigham Young was received
and acting in opposition 10 the directions OF tho coun
Gil at Cedar, showing that Leo the main leader In
the massacre from beginning to end.
J. G. Foster, of Pioche followed for tho defence and
advanced tho theory that Lee participated tho
by order from higher authority at Cedar and
that the witnesses not competent because they
were actual participants IN the massacre.
Mr.. Bishop began tho closing speech for tho de-
fence He denounced the sovoral witnesses Of tho
prosecution as having testified TO such facts related
TO Leo for tho purpose Of screening themselves and
showing that they were actual and will.
ing partcipat0rs In the massacre. Ho declared that
tho Mormon Church had resolved sacrifice Lcc dis.
carding him and leaving him to the ato consequent
such evidence had been Introduced
Ho denounced the evidence OF Johnson,
McCurdy and Hamblin as untrue, saying that
these witnesses were part Ot conspiracy
hang Leo and conjuring tho jury not TO TO
this sacrifice by their verdict in order to m the odum
and cloud Of guilt that the world had upon tho
Mormon Church, because OF this massacre, but throw
aside the evidence of men whose hands imbucd
with blood. Ho closed by reading proclamation oil
Brigham Youngs. with accompanying Instructions,
dated September, 1857, whom he Governor OF that
Territory to tho army supposed TO DO coming from
the East with hostile Intentions and begged the jury TO
consider the peculiar state OF tho country at tho tmc
the emgrnnts having aggravated the Indians to such
an extent that nothing less than their destruction
would appeasc their wrath
United States Attorney Howard In his closing speech
replying 70 Mr. Bishop said he had been engaged
santly for the past three months sitting the facts
everything related 10 connected with the massacre
and there for the purpose OF trying j. d. Lee,
because the evidence led and pointed 10 him tho
main instigator and leader in that Ho had given
tho Jury unanswcrable documentary cvdence.proving
that the authorities OF The Mormon Church
know nothing OF the butchery until after IL
computed Ho said that Lee, in letter to Brigham
Young few weeks after the massacre. had knowingly
misrcpresented tho actual facts relative TO it, seeking
10 keep him tho dark Hc denounced tho aspersions
hurled by Mr. Bishop against the testimony OF Hambin
McAurdy and johnson, and denod him or tho world TO
impeach thor testimony He had had all the as
in any case. Nothing had been kept back,
and no was determined to clear the
calendar Of every Indictment against any and every
actually gultytparcpant the massacre, but did not
time when they worc young boys, and know nothing
OF tho vile plan which Leo originated and carried out
for tho destruction OF the cmicrants.
Mr.. Howard finished HIS remarks at half past three
F. NJ, aud the Court adjourned until ten A. NJ. to-
morrow when Judge BOroman will dcivcr his charge
and the be given TO the jury.