John d. lee trial

His sentence, doubtless, was just, but if so, what ought to be the fate of the men who counseled and commanded him to do what he did? Among the number Brigham Young stands head and foremost, by reason of his position, and if the curse which rests upon the scene of the butchery does not follow him with the horrors of the damned fate is unjust. If the law should fail to reach him with its retributions. The wagons were placed in a line near the monument, and over the wheels of one of them army blankets were drawn, to serve as a screen or ambush for the firing party.

The purpose of this concealment was to prevent the men composing the firing party from being seen by anyone, there being a reasonable fear that some of Lee's relatives or friends might wreak vengeance upon his executioners.

The rough pine boards for the coffin were next unloaded from a wagon, and the carpenters began to nail them together. Meanwhile Lee sat some distance away, with Marshal Nelson, and quietly observed the operations going on around him.

The civilians, and those specially invited as witnesses, were allowed to come within the military enclosure, but all others were required to station themselves at a considerable distance to the east of the ravine.

At , all the arrangements having been completed, Marshal Nelson began to read the order of the court, and at its conclusion he turned to Lee and said:. Lee, if you have anything to say before the order of the court is carried into effect, you can now do so. Lee," replied Mr. Fennemore, but it was more than a minute before he could comply with the request. Lee, observing that the artist was occupied with his camera, said:. I want to ask a favor of you; I want you to furnish my three wives each a copy," meaning the photograph about to be taken.

He then arose from his coffin, where he had been seated, and, looking calmly around at the soldiers and spectators, said, in an even and unexcited tone of voice:. Of course I feel that I am upon the brink of eternity; and the solemnities of eternity should rest upon my mind at the present. I have made out - or have endeavored to do so - a manuscript, abridging the history of my life.

This is to be published. In it I have given my views and feelings with regard to all these things. I feel as calm as a summer morn, and I have done nothing intentionally wrong. My conscience is clear before God and man.

I am ready to meet my Redeemer and those that have gone before me, behind the veil. Most I regret is parting with my family; many of them are unprotected and will be left fatherless.

Q: You say you cannot recollect any of the names of those who helped drive the stock? Q: When did you last see Higbee there on the field? Did you see him after the massacre? Q: I wish to get at all this, because I want you to tell everything that John D. Lee did. Tell me what he said to you about it? Q: I wish you to answer my question. Did any man or men, person or persons, there on the ground, make an objection to the killing of all the emigrants?

Q: Did anyone of that thirty or forty men raise a voice against the killing of the emigrants, at the Council, on the field, or in the presence of Lee, Higbee or Klingensmith, or anyone else? Lee full control, did they? A: He had control of everything on the field.

He acted like a man that had control. Q: Did you not think at the time that John D. Lee had full control of everything and of every person there? A: He wanted me to tell them that they would get the emigrants out some way, so they could get their guns and horses. Q: After you arrived at Iron Springs, did you and those with you talk the matter over and agree to keep it a secret? A: The matter was talked over at the camp, and again at the Springs, about keeping it a secret, but I can't tell what the agreement was that was come to.

Q: Was the subject talked over as to whether it should be talked over afterwards or not? Q: After that did you talk it over with those who were engaged in the affair with you, in which conversation you learned it was best to keep silent concerning the whole thing? Q: Do you know what the reasons were, or do you decline to answer? Is it because you forget, or why can't you tell me? Q: I asked you whether you ever had any conversation with anyone in regard to it?

A: I can't tell you whether I had or not. Of course such a thing as that men would talk about. That's what the matter now. It has been talked about and can't lie still. Q: Did you ever have a conversation with Haight about this massacre since it occurred?

Q: Did you ever talk with Allen, Klingensmith or any other party that was there, about keeping it still? Such a thing was talked about, but I don't now recollect talking about it. Q: Is it not a fact that after the property was all gathered up at the Meadows, and you were ready to start for Iron Springs, that speeches were made to the men present, by those in authority, in which speeches you were ordered to keep it a secret forever?

Q: At the Meadows, before you left there, was it not told you in a speech then made to you, that it must be kept secret; that it would be best to keep silent? Were you not so advised by your leaders? A: My home was supposed to be at Clara, but I occupied the Mountain Meadows in the summer with my stock. It was before Washington County was organized. A: I was not at home; I left before it happened, and I got back seven or eight days after.

A: The next spring, I took my man and we buried over one hundred and twenty skulls - skeletons; I don't remember exactly, something like one hundred and twenty. Two of us gathered up the bones. A: I think it was one hundred and twenty odd; I am satisfied it was over that, but I don't just remember the number. A: Yes, sir; it was this side of Fillmore. I told him I heard a rumor of it among the Indians, and he told me about it. Q: State whether he had any boasts to make about it, or communications concerning it.

If so what and how? A: I will if you will let me. That was the conversation. I talked about it with him, and he justified himself in this way: That the Indians made him go out and go and lead the next attack; afterwards they called on the Clara Indians, and that he decoyed them out, and they massacred them.

A: Well, that the attack had been made by the Indians, and that they could not keep them back, and it was supposed expedient. That there was an army right on our border. Q: Did he tell you whether any other white men were with him or not at the time he led the attack?

A: Yes; I told you. He went out to watch them and keep them from making their outfit from the outlying settlements, and the Indians could not be restrained.

In the conversation that you had with Lee, did he not state to you that after the attack had been made by the Indians upon the emigrants that word had been sent to Cedar City for assistance to save the emigrants from the Indians?

A: He sent word that the emigrants had been attacked - that the Indians were very mad, and he didn't know how to keep them down. Q: Give, as near as you can the conversation that you had with Mr. Lee at the time you refer to? Didn't he mention something of that kind to you in that same conversation?

A: I don't remember as he did. He spoke of some man being shot at Little Pinto in the course of the evening. It was after the Indians had attacked, if I remember right, that some men left the camp and undertook to go to Cedar City, and were killed on the way - one or two I think, and one or two came back.

Q: Go on and tell all that he told you about it, about the killing of that man at Pinto - how it was done, and all about it. A: I don't know that I can. I remember that he said that there was one killed there that went out to see if they could get help from Cedar City.

Two or three went, and one was killed and one or two came back in the night. I don't know but that they got back to camp. Q: Did he tell you what word was sent back to him from Cedar City after that time? A: One message came to not disturb the emigrants, and after the message went that they had been attacked, I think he said that there was one that they be all killed or used up.

A: I am satisfied the message was - it commenced that they should be used up, or something like that. Q: Do you believe what he said, that he got a message to use up those emigrants, from any authority? A: Yes, he told me that. I asked what called for such an act, and he told what the reason was. Q: He got word that being commenced, that on account of the army being on the borders, that he had better finish it? Q: Do you know the relations existing between Higbee, Haight and Lee, so as to know from whom it came?

A: I would expect it would come from Isaac C. Haight, if any word was sent from Cedar City; if it was north, it would be from Parowan, but I don't think he told me where it was from. Q: Klingensmith was in a position, I suppose, to send such word, if any was sent? A: Klingensmith was presiding Bishop. Hamblin would testify to.

I have found he knows some additional facts, and I will ask leave to examine him further. Q: How far above this place, Beaver, was it that you had a conversation with John D. A: It was about some springs, this side of Fillmore, probably seven or eight miles. Q: Where do you leave the road going from Parowan to the Meadows, to go to Harmony?

A: It would be within seven miles of the north end of the Meadows, where my ranch was. Q: What was the condition of the Meadows at that time, with regard to being a good stopping place for travelers?

It was considered a good stopping place for companies, and was occupied by myself and two or three others at the north end. We had then formed a settlement called the Clara. Q: In this conversation that you had with Mr. Lee, did he say anything to you about the manner in which, or by whom, the men had been drawn into that massacre?

If he did, will you state all he said, in your own way? A: It was a long while ago, but I recollect him telling we that there were white men there, and that they didn't know what they were going for until they got there, and some would not act and some would. A: There was none on the Meadows when I got there, that I saw. Afterwards I saw them on the Harmony range - that drove of Texas cattle. Q: Do you know of Mr. Lee using any of those cattle, butchering or using any of them?

Of course it is understood that counsel cannot admit anything against his client in a criminal case. But there will be no question raised about it. It is an undisputed fact that something like one hundred and twenty people were killed about that time and at that place. That they were killed at that place there will be no question.

We will never argue before any court that there has not been a killing as charged in the indictment, except that we will always argue that the defendant did not do it. Q: Calling your attention back to that conversation, I will ask you to tell the court and jury, in your own way, what Mr. Lee told you in regard to his personal participation in that killing, if he told you anything? A: Well, I believe I told it here yesterday - that he spoke of white men being engaged in it, and that he made an attack at daylight; that he could not keep the Indians back.

They were so mad because one of their men got killed, and another wounded, that he led the attack and got a bullet through his hat and another through his shirt. The, emigrants were so strongly entrenched they could do nothing with them. And afterwards they were under the necessity of decoying them out with a flag of trace. The emigrants were unarmed. A: By an Indian Chief at Cedar City, and he asked him what he should do with them, and the Indian killed one and he killed the other.

A: From a thicket of oak brush, where they were concealed. It was an Indian Chief from Cedar City. Q: Tell me what Mr. Lee said; state the circumstances of that killing, what conversation passed between that Indian Chief and Lee, and the conversation between the woman and himself?

Q: Tell all you can remember about it; you say the Chief brought him the girls. I think I have told it about all. Go over it again; tell us all the details of the conversation of the killing. A: Well, he said they were all killed - all, as he supposed; that the Chief of Cedar City then brought out the young ladies. A: According to the orders that he had that they were too old and too big to let live.

Q: After the Chief shot that one did he tell you what the other one said or did to him, Lee? Q: Didn't Mr. Lee tell you that she told him to spare her life, and she would love him as long as she lived?

Q: Did you ascertain in that conversation, or subsequently, where it was that they were killed? A: When I got home I asked my Indian boy, and he went out to where this took place, and he saw two young ladies lying there with their throats cut. A: They were rather in a putrid state; their throats were cut; I didn't look further than that. The others had been buried slightly, but those two hadn't been; there was quite a number scattering around there.

Q: What became of the children of those emigrants? How many children were brought there? A: Two to my house, and several in Cedar City. I was acting subagent for Forney. Q: What day in September was it that you had this conversation with John D. Lee, about seven or eight miles this side of Fillmore? A: I don't recollect the date, I left the city about the 14th, and came directly there. A: No, he was not a Mormon Bishop; he was a merchant.

He had been hauling goods from California, and dealing here some in these settlements. Q: Lee told you and this man Bishop all about it - got you two together and told you? Q: Tell me what he said about the orders that he had. You have said that he told the Chief to kill the little girl, and that he killed the other, because his orders were that they were all to be used up.

Q: I want to get as full a statement of facts as possible. I want you to tell me everything that you think he said, or, that he did say. When did he tell you that he got those orders from Cedar City? A: It was my impression that he got them from Cedar City, but I could not say what the man said about it, but I had that idea. A: The names I don't know as he mentioned. I think he mentioned Bishop Klingensmith being there.

A: He mentioned my brother being there, bringing some Indians there. He sent him word to bring the Indians up there. Sent him word of this affair taking place, and for him to go and get the Indians, and bring up the Clara Indians. Q: Now, how was it about the Indians making an attack about daylight? Were they repulsed? A: Yes, the Indians. He claimed the idea that he had to do it to save his own life.

They were very mad, and wanted him to help use up that company. Q: Did he not tell you in that same conversation that he tried to appease the Indians and keep them from attacking the train? A: I don't remember just the words, but he said he could not keep them from attacking them just at daylight. Q: Did he say anything about the Indians calling him any names because he would not go?

A: He went off towards the Clara and cried, and they called him crier - yah gauts. Q: How long is it since you have told anybody that John D. Lee had told you that? A: My family has been at the Clara the most of the time; the last six years have been at Kanab.

Q: Didn't Lee tell you more than you have told? Didn't he tell you about a Council that was held on the field before the massacre? A: After we had talked some time I asked the necessity of such a thing, or why it was, and he told me that he had orders to do so.

Q: Did he not tell you that there was a Council held there at the Meadows, and that it was then decided that they should be killed? A: No, I never heard that there was a Council held there to make any decision, or to decide anything but the subject or counseling how to decoy them out.

Q: Did he tell you how long before the massacre it was that they talked this over? A: Right away after that Forney appointed me as subagent. At that time I was no agent, nor in any particular office, unless a missionary in the south country to establish some settlements on the Clara. Q: What reason did Lee give you in that conversation for the killing of the emigrants?

A: I asked what called for it, why they did it. He said that attack at daylight would have thrown censure upon this people. Q: Go on and tell all he said. I want you to make it as bad as you can tell all that you said, all that he said? Q: Tell all that you can recollect? I have, the substance of it?

There must have been a good deal said about the reasons for doing this thing? A: The cause that he always gave to me was that which I told you. When I asked him what it was for - that in doing so, when they got there the Indians made this attack at daylight. Q: Who was it understood that Johnston was understood to be marching against them? A: The understanding and feeling was that he was marching against the Mormons as a people, Church or nation, and was going to try to burst up the whole concern.

That was what we expected. Q: You expected, then, that Johnston with the army of the United States, was leading that army against this people? Q: With the intention of exterminating them or compelling them to abandon their religion? A: I think it had been two or three months, it had come south at the time. I think it was the 24th of July when a celebration was held in one of the canyons, that word came that Johnston was on his way.

Q: After that 24th of July, did that report have any effect on this people to cause them to organize as a military people? A: No, that was organized before that, as far as I knew and was acquainted with the counsel. Q: From that time on up to the time of the Mountain Meadows Massacre, tell me if the people were organized as a militia, and enrolled as such?

A: The instructions we had from George A. Smith, who was sent as representing President Young's mind, was to save everything like breadstuff, and use it when we wanted it. Q: Did the people ever meet and drill, have exercises and musters, so as to make them understand the use of arms, and make them familiar with military tactics? A: Yes, they drilled at Fillmore and Cedar - I don't know about Harmony - using as much effort as possible to perfect themselves in military tactics.

They were always doing that; they did that in Illinois. Q: Did you not understand that all the men between eighteen and sixty years of age were enrolled in the militia? During the years following a number of leaders of the militia were indicted on federal charges relating to the killings: Isaac C.

Dame, also a Colonel, from Parowan; John M. Lee, a Major. Of these men, only Lee was arraigned. The rest fled into hiding for many years and either died before they could be tried or were eventually exonerated of any crimes associated with the event. John D. Lee was tried twice for his leadership in the massacre — once in July, a two-week trial and in September, a two-day trial.

Lee became the symbol of that connection. A jury of twelve men was selected from residents of southern Utah. The federal judge assigned to the case, Judge Jacob S. Boreman, polled the jury to make sure it was not stacked with faithful Mormon men. The list contained men with single checkmarks next to their names and some with double checkmarks.

Those with single checks would likely acquit, while those with double marks, the defense counsel believed, were men who would definitely vote to free Lee. To the suprise of many some of the men who had participated in the massacre showed up suddently, willing to testify. These were the same men who had been hiding in the wilds of Utah to avoid arrest by federal authorities.

The defense, with William W. Bishop as chief attorney, prepared to defend Lee with the same evidence they had prepared for the first trial — to deflect any indictment of the LDS Church and the Church leadership in Salt Lake City and Iron County and thus save Lee. But as the trial began it quickly became apparent that the prosecution had only John D.

Lee in mind. The defense learned that Howard, soon after arriving in Salt Lake City, had met with Brigham Young in the Lion House and had apparently informed him that the United States intended to prosecute only Lee for the crime.

There would be no attack on the Church or any of the leaders of the sect in Salt Lake or Iron Counties. The United States was interested, as he was sure the Church was also, of putting this problem behind them. Brigham Young had tried to deal with the growing national up-roar over polygamy that had ruined his plans to gain statehood for the Territory, and he recognized that because of failing health his days were short. They were wrong.