The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-09


me private communication for his family and
attorney Mr.. Bishop. He dictated his will and left u
cuon presented his card and gave me his scnrf as
keepsake." He stated 10 reporters OF the press on
marshal Nelson has treated me gentleman He
mas been very kind and good 10 me. Mr. Howard has
treated me as father since have known him.
! incosc herewith tho Photographic copy OF Lees
speech at the scene Of execution. You Will see by
reading Il that his uterances were In harmony with
my version Of the statement he had gwen me, and
entirely inconsistent with what Mr. Afiant Gilman
preends 10 have read on Lees notes At the Peniten.
tiary.
positively deny that ever deceived Lee or in any
manner intended 10 allow him 10 deceive mo- treated
him kindly, and In manner becoming TO an oitcer OF
the government dealing with o man about 70 be
executed. went 10 Beaver 10 attend court at the
lime Lee was taken there TO have the day liked
Tor his execution. wish to state here that Il Is my
opinion that he expected 70 be rescued by his friends
OH the road between York and Beaver
After being taken TO court he was imprisoned ~
Camp Cameron, two citizen guards being employed 10
guard him, sleeping in the guard house with him. and
not leaving him alone moment The statement OF
these men--Tracy and Pufer-l also send herewith.
PETITION FOR PARDON.
Alter the action OF the Court at Beaver Leo's family
circulated petition Tor his pardon or repreve. The
reasons gwen to Governor Emery, as am informed,
that Lee old man that the crime had
been committed some twenty years ago, and that NJ
the time the committed the country was In
state OF excitement but as believe. not containing
a word pretcnce that he had been promised pardon
or reprieve. After the petition had been circulated
among the Mormon people, signed by them and sent
10 the Governor Mr. Lee asked s'see that reply
was received from the lisvernor before tho execution
which promised TO do On the day before leaving
Beaver Tor tho place Of execution. that being some
thirty miles below Geographic communication or ut
least regular Office, Marshsl Nelson ana myself
teegraphed to Governor Emery, AZ Salt Lake,
asking that officer II he had any communication 70
make IN regard to Lee. The Governor replied, 'None
whatever With this exception, Lee did not say o
mcnt, was rejected told him on the morning OF the
execution the ground, that VIC had tccgraphed TO
the Governor and what his reply was He did not, In
my opinion al any time really expect the Governor 10
interfere. II is difficult Tor me TO state whether or
not Mr. Gilman, the 'afhant." expected Lee would be
executed, but this do know. that he requested me
to ask Marshal Nelson before left Salt Lake City,
March 6, TO make him tGilman) one OF the shooting
party.
NO CONFIDENTIAL INTERVIEWS.
In regard to that part OF Gman's statement In his
affidavit, that the Marshal and myself have "had fire.
queut private interviews WIN James JACK, brigham
statement false SO far as the interviews are char
acterized as private. Mr. Jack is the Treasurer OF
the Territory OF Utah, through whose hands ought
TO receive compensation and tees allowed me by
law for services rendered. on accounts approved
by the District Cour-n Territorial cases-
which stand, in number, IN the relation
of about ten TO one OF United States cases proper
Mr. Jack has often boon in my office, and his pres
ence, with funds TO pay my just claims against the
Territory, would be hailed with measure OF delight
which his oft repeated protcstations OF an empty
treasury have not Inspired. The facts OF this Jack
truthfully stated in the affidavit Of said
Territorial Treasurer and IN the affidavit Of Mr. Meads
thereto attached. The animus OF the man Gilman,
as well as OF the who drafted his affidavit IS
shown by the fact that when my last account
who drafted Giman's affidavit, jerome r. Cross, mado
up my account took The items IRON the books Of the
Clerk Of the District Court and wrote the order OF tho
Judge approving the accolnt, amounting TO ~, 75O
He received pay from Tor dong the work and knew
as well when drafted Giman's affidavit that the de-
mand which he (iilman) referred TO as having heard
me speak OF honest and legitimate one as Gil
man did who had heard me speak OF II. Mr. Cross
has since told me that he was hired by T. H. Parsons
TO write tho afldavts by the ioo, and that II was
OF his tCross business to say anything about H.
In concluding this branch OF my communication Will
hat indAa INT
neither Lee, his family nor any other person IN Utah
should have joined in the wicked, uhprovoked and
false accusations against me; that when The affidavit
was 10 be published should not be done here, but in
New York; that secretly ootained afidavits should be
thought legitimate means in the hands OF an app,
not only to remove the present incumbent,
but with which to chastise me for hav-
ing characterized as l have and do now,
the attack upon that officer (which consisted OF the
aihdavits OF the Same man Giman) as disreputable,
and line OF ''civi service reform" that could not
approve OF.
Having the confidence aud approval Of the anti
Mormon population oil Uah-the sympathy and sup
port OF federal officers, Bench and Bar-and having
acted, the prosecution oil this most difficult case
llom the time came to the Territory, less than one
year SINCE present time, under the direct sanc
ton the Department Of Justice to line OF policy
M olucr than TO bring 10 light, ny proper ju
dlcial Investigation, the bottom facts OF this unpar-
aeIed crime and punish all who are guilty OF particle
patton therein by giving orders, receiving the prop
erty OF the slaughtered emgrants or personal partic
patton on the bloody held only invoke that con-
idence Tor the future which has been generously
extended to inc by your department IN the months OF
my Official that have passed. Invoke no po-
nlical or personal influence TO aid me In my defence
against vile attack hardly expect the press
OF the country to publish my denial aud proof with
tue same relish with which the Inconsistent and
vcnomous assault ON WINS selzed, but II Is
not TOO expect that my official record In your
department has established confidence there and that
the developments my work has madc TO the country
during the period OF my short official career in Utan
wal only shake TO It's f0un dat!ons the gigantic
fraud OF the agethe Mormon theocracy-but that the
people OF the country will not willingly accept the un
corroborated statements OF irresponsible hreings In
condemnation OF public officers the result OF whose
laDors has been the inauguration Of new and brighter
epoch n Utan history SUMNER HOWARD
AFFIDAVIT.
Utah Territory, Salt Lake county, ss.:-Sumner How
ard, OF SAID county, being duiy sworn, on his oath
says that he has read the foregoing statement aud
knows the contents thereof, and that the same Is
therein stated to be information and belief and as
to those matters he believes 1t 70 be true ,o,r.
Subscribed and sworn 10 before me this Goth day Of
April, A. D. ls77.-G H. LEWIS, Notary Pubic in
and Tor Salt Lake county, Utah Territory.
APFiDAvITs PROM UTAH.
In support OF his lengthy statements Mr.. Sumner
Howard sends to the Attorney General u number OF
afdavus, which corroborate his declarations and 80
prove that Gman's charges are founded on malice
and not on facts The following synopses OF the am
davits give the substance OF their evidence:-
Deputy Marshal George W. Grove, OF Utah, swears
that IRON July 10, 1876, February 20 1877. he
acting Deputy Marshal, ana was detailed TO reside
and take charge OF the Penitentary as Deputy War
den at Salt Lake City, where Lee was confined after
his conviction Beaver City in October, 1876 Grove
further swears that Gilman was simply wall
guard ut the prison. without the right even TO speak
TO any prisoner, and consequently that Gmans aii-
davIt in which he claims 10 have been special guard
of Lee, is untrue; that Gilman never had an oppor-
tunity OF knowing ythng about the prison life, con-
writings or Lee, aand that all his (Gil-
man's) statements regarding Lee are pure Inventions
Grove read all of Lees letters, and declares tina.
the prisoner friendly terms with his
lawyers and that they withdrew from his case
only Lee could not pay them. The con-
demned never entertained any hope that tho Dis
Attorney or Marshal would do anything toward
securing reprievc for HIM, although no rcceivod
many little favors at their hands, all OF which were,
however consistent with their Official duties Grove
further states In his affidavit that far from Gilman
having any sympathy with Lee, AS he CLAIMS 10 have
had, he was willing 10 be one OF Lees cxecutioners
Oscar vandcrcook, also Deputy United States
Marshal, afirms that Gilman was only o wall
guard, and never had any communication with