John D. Lee Case File

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were so drawn, summoned, and appearing were Ira Elmer, Sylvester C. Hulett, William E. Jones, Louis R. Chafin, Lorenzo Brown, William C. McGregor, Jacob Yates and William F. Porter who were respectively on the 18th day of August 1874, when the names of the twenty-three persons were drawn to serve as grand jurors, as aforesaid and each of them was a citizen of the United States over twenty-one years of age of reputed sound mind and discretion, that neither of them had been convicted of any capital or infamous crime- nor were they or either of them so disabled in body as to be unable to serve either when they were severally listed and drawn, or when they appeared as aforesaid that each and every of them resided in the Second Judicial District of Utah Territory for more than six months next preceeding the time they were listed as jurors and still continue there to reside that they then and Each of them ever since, has owned property and paid taxes in this Territory. That they were, and each of them was able to read and write in the English language and did not belong to the military of the

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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.

The People of the United States in the Territory of Utah

vs

John D. Lee, indicted with William H. Dame, Isaac C. Haight John M. Higby, George Adair, Junior, Elliot Wilden Samuel Jukes Philip K. Smith and William C. Stewart

And hereupon William Carey attorney of the United States in and for the Territory of Utah and who prosecutes for the People aforesaid in this behalf says that the said indictment, by reason of anything alleged by the said John D. Lee in his said plea thirdly above pleaded ought not to be quashed because he says that said indictment is a legal indictment in this Court presented therein in open Court as by law in such case required on the 24th day of September A.D. 1874, as appens of record in this Court. And this the said William Carey is ready to verify, wherefore he prays judgment and that the said ' John D. Lee may answer to the said indictment. - William Carey Atty of the U.S. for Utah Ty.

Indictment for Murder

The People of the United States, in the Territory of Utah vs William H. Dame, Isaac C. Haight, John D. Lee John M. Higby, George Adair, Junior, Elliott Wilden, Samuel Jukes, Philip K Smith and William C. Stewart

On motion of William Carey United States Attorney of said Territory, and it being written the personal knowledge of the Court that the indictment in said case was on the 24th day of September AD 1874 duly returned by the Grand Jury in Open Court, and it further appearing to the Court that the clerk has failed to enter such return in full upon the minutes and records of the Court, blanks having been left in the entry made, in correction of such omission and to make the facts more fully appear of record It is ordered that the following entry be and the same is hereby made, as of the said 24th day of September AD 1874, upon the minutes and records of this Court to wit: "On this the 25th day of Septmeber AD 1874 came to the grand jury into Open Court and then and there