John D. Lee Case File

3

on the first day of said September term of said Court to serve as grand jurors- At which time to wit: at the opening of said term of said Court, there was empanneled and sworn tvelve of said twenty-two grand jurors so drawn together with three others then drawn to be summoned and who were summoned to serve as such grand jurors, to constitute the Grand Jury of the said term- and the Grand Jury of the said term was so constituted and not otherwise. That such Grand Jury and said persons so drawn empanneled and sworn, acting as such Grand Jury, so constituted as aforesaid and not otherwise- found said Indictment and the said Indictment was not found otherwisethat this defendant was not under arrest, nor had he given bail to appear at said September term to answer to said accusation contained in said Indictment nor any other offense- prior to the finding of said Indictment- and this the said John D. Lee is ready to verify, wherefore for the want of a sufficient indictment in his behalf, the said John D. Lee prays judgement that that the said Indictment may

4

be quashed, and that by the Court he may be dismissed and discharged from the said premises in the said indictment specified.

And the said John D. Lee per a further and seperate plea in this behalf said that he ought not answer or be tried upon the said indictment for the reason that the persons acting as a Grand Jury, by whom the said indictment was found was not a legal Grand Jury because he says that pursuant to the order, direction and notice of the Judge of the Second Judicial District Court of Utah Territory, the names of twenty-three persons were drawn for Grand Jurors, to serve at the September term- in 1874 of this court. That twenty-two of the persons whose names were so drawn were summoned to appear and serve as such Grand Jurors- at said term of this court. That each and all of said twenty-two persons so summoned personally appeared in said court on the first day of the September term- to wit on the 7th day of September A.D. 1874, that among the persons whose names

7

September Term. That the Grand Jury of said term so constituted and not otherwise, found said indictment and the same was not found otherwise. That the defendant was not under arrest, nor had he given bail to appear at said September Term, to answer to said accusation contained in said indictment nor any other offense prior to the finding of the said indictment, and this the said John D. Lee is ready to verify.

Wherefore he prays Judgement of the said indictment, and that the same may be quashed, and that by the Court he be dismissed and discharged from the said premises in the said indictment specified.

8

And the said John D. Lee in his own proper form after hearing read the said indictment for a per this plea in their behalf says: that he ought not to answer to or be tried on the said indictment, because he says that said indictment is not a legal indictment in this court, that it has not been presented to this or any other court by any grand jury; and then the said John D. Lee is ready to verify. Wherefore he prays judgement of the said indictment, and that the same may be quashed. John D. Lee

Territory of Utah Beaver County John D. Lee, the defendant named in the foregoing pleas, being duly sworn says, that said several pleas are true in substance and matter of fact Sworn to and sanctioned before me this 21st day of July 1875 James R. Wilkins, Clerk

John D. Lee

No.

In the District Court 2nd Judicial District Beaver County Utah.

The People of the United States in the Territory of Utah vs. John D. Lee et al

Plea of John D. Lee

Filed July 21, 1875 James R. Wilkins Clerk.