John D. Lee Case File

Territory of Utah County of Beaver SS

In the District Court of the Second Judicial District of Utah Territory. In and for Beaver County

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

Rejoinder of said John D. Lee to the replication of the said People to the third plea of Defendant John D. Lee, in Abatement.

And the said John D. Lee says: That the said defendant ought not to be required to answer to or be tried on the said indictment by reason of the matter in said replication stated because he says that said indictment was not presented by a Grand Jury to this Court on the 24th day of September A.D. 1874. or at any other time. That no Record of the presentation of the said intectment to this Court exists And this the Defendant prays may be enquired of by the Court. And the said People doth the like.

Spicer, Hoge, Bishop, Bates and Southerland and McFarland Attys for Defts

District Court 2nd Jud. Dist. Utah Territory Beaver County

The People &c vs John D. Lee et al

Rejoinder of John D. Lee to the Replication of the said People, to the third plea in abatement filed by said defendant.

Filed July 22, 1875, James R. Wilkins Clerk

Spicer, Hoge, Bishop Bates, Southerland & McFarland Attys for Deft's.

In the District Court for the Second Judicial District of the Territory of Utah

Indictment for Murder

The people of the United States in the Territory of Utah against John D. Lee

Respondent being in Court, and trial being now here ordered, and a jury being called and impanneled on motion of the District Attorney, the said Respondent objects to the said jury so impanneled and challenges the array thereof on the following ground to wit: That on the 14th day of May 1875 by and pursuant to the previous order and direction of the judge of this Court fifty Jurors were drawn to serve as petit jurors at this the July term of said Court for the year 1875, and the said fifty jurors have been accordingly summoned to attend and serve as such jurors.

That the jurors so impanneled for the trial of this cause are twelve of the fifty jurors so drawn and summoned.

That the said twelve jurors were not of the first eighteen of said fifty jurors drawn to be summoned pursuant to said order; that the said twelve jurors so impanneled were drawn, summoned, selected and impanneled as aforesaid and not otherwise.

Wherefore the said Respondent says that the said Jury so impanneled is not a lawful Jury, and prays judgment of the Court that the said array of jurors be quashed.

Southerland & Bates Spicer Hoge Bishop & McFarland Attys for Deft

No. 31 In 2d Dist Court Utah Territory

The People Etc. vs. John D. Lee et al.

Challenge to the Array of Petit Jurors

Filed July 22, 1875 James R. Wilkins, Clerk

In Second District Court of the Territory of Utah

The people of the United States in the Territory of Utah vs John D. Lee indicted with William H. Dame et al.

Said John D. Lee by his counsel, moves this Court that it proceed no farther in the trial of this case at this time, for the reason that there is no legal term of the District Court for the Second Judicial District, is now being held. This motion is founded on The proclamation of the Governor[filing?] the terms of Court for this territory-and the Journal of said Court

Spicer, Hoge, Bishop Southerland & Bates & McFarland

July 29. 1875