John D. Lee Case File

other unknown persons so as aforesaid in manner and by the means aforesaid feloniously premeditately designedly wilfully and of their malice aforethought severally kill and murder contrary to the Statute of Utah Territory and to the peace and dignity of the people of said territory.

And the Grand Jurors aforesaid in the name and by the authority aforesaid upon their oath aforesaid do further find and present that the said William H. Dame Isaac C. Haight, John D. Lee, John M. Higby George Adair, Junior, Elliott Wilden, Samuel Jukes, Phillip K. Smith and William C. Stewart all late of Utah Territory aforesaid on the Sixteenth day of September one thousand eight hundred and fifty seven as the Mountain Meadow Valley situated now in Washington County Utah Territory aforesaid

aforesaid upon their oath aforesaid do further present that who's aid William H. Dame Isaac C. Haight John D. Lee John M. Higby George Adair, Junior Elliott Wilden Samuel Jukes Phillip K. Smith and William C. Stewart on the day and year last aforesaid while so conspiring as aforesaid at Mountain Meadow Valley in the County aforesaid and within the Jurisdiction of this Here Court in the further prosecution of such other wicked intentions aforesaid did procure a large number of persons so are aforesaid then and there at the place lush aforesaid to aid and unlawfully and feloneously assist the aforesaid William H. Dame Isaac C. Haight John D. Lee John M. Higby George Adair, Junior Elliot Wilden Samuel Jukes Phillip K. Smith, William C. Stewart to perpetuate the crime of murder as aforesaid and who said William H. Dame Isaac C. Haight John D. Lee John M. Higby George Adair, Junior Elliott Wilden Samuel Jukes Phillip K. Smith and William C. Stewart and who aforesaid unknown aiders and abettors did then and then conjointly at the Mountain Meadows Valley aforesaid on the day last aforesaid feloneously premeditatedly designedly deliberately wilfully and of malice did beat strike kill and murder with deadly weapon and unknown and aid [?] the aforesaid company of fifty and over in number and also who saw John Smith and who aforesaid fifty persons last aforesaid and who saw John Smith did then

presented, amongst others, an indictment for murder against 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

charging them with having, on the 16th day of September AD 1857, at Mountain Meadow in Washington County Utah Territory, willfully, deliberatly, pre-meditatedly, and with malice aforethought killed and murdered John Smith and fifty other men women & children whose names to the Jurors were unknown, which indictment was then and there duly filed by the Clerk

after his return to Salt Lake City, and that while near Fort Bridger he heard for the first time that the Indianshad massacred an emigrant company at Mountain Meadows.

Deponent futher saith that he never at any time either before or after that massacre was accessory thereto; that he never directly or indirectly aided, abetted or assisted in its perpretation or had any knowledge thereof except by hearsay; that he never knew anything of the distribution of the property taken there, except by hearsay as aforesaid.

Deponent further saith that all charges and statements as pertaining to him contrary to the foregoing are false and untrue.

Geo. A. Smith

Subscribed and sworn to before me this 30th day of July A.D. 1875

William Clayton Notary Public

No. 31

38

In 2nd Dist Court, Utah Territory

The People Etc. vs. John D. Lee Impleaded with others

Deposition

Filed August 2nd 1875 James R. Wilkins Clerk

at that time, if so, what were those instructions, and counsel?

8th

When did you first hear of the attack and destruction of this Arkansas company at Mountain Meadows in September 1857?

9th

Did John D. Lee report to you at any time after this massacre what had been done at that massacre; and if so, what did you reply to him in reference therto?

10th

Did Philip Klingen Smith call at your office, with John D. Lee at the time of Lee making his report, and did you at that time order Smith to turn over the stock to Lee and order them not to talk about the massacre?

11th

Did you ever give any direction concerning the property taken from the emigrants at the Mountain Meadow Massacre or know anything as to its disposition?