John D. Lee Case File

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

In and for the County of Beaver

Subpoena

Plaintiff vs Defendant

The People of the Territory of Utah send Greeting to John Wilden, F. Wilden, Elliott Wilden, James Whittaker, T. Willis, Robert Keyes, and Isabel Bennett

We command you, that all and singular business and excuses being laid aside, you appear and attend [?] before the Grand Jury of our District Court of the Second Judicial District of the Territory of Utah in and for the County of Beaver at a term of said Court now in session at the Court House in the County of Beaver then and there to testify in the above entitled action now pending in said District Court, on the part of the People and disobedience will be punished as a contempt by the said Court, and you will also forfeit to the party aggrieved the sum of one hundred dollars, and all damages which may be sustained by your failure to attend.

Witness, Hon. Jacob S. Boreman, Judge of the Second Judicial District at the Court House in the County of Beaver and the seat of said Court, this 19th day of Sept A.D. 1874

Attest my hand and the seal of said Court the day and year last above written.

James R. Wilkins Clerk.

Witnesses William Roberts Ashel Bennett John W. Bradshaw Robert Keyes Thomas Willis Charles Sulomon Robert Ballard Henry H. Noris E. C. Mathews Robert Kenshaw

Deft John D. Lee being arraigned and to witness Indictment being read to him, in open court and being required to plead to the same says he is "not guilty" thereupon his plea of "not guity" is entered, this 21st day of July AD 1875. James R. Wilkins Clerk

Dismissed as to Dft George Adair, Junior JR Wilkins Clerk

No 31 The people of the United States in Utah Territory William H. Dame Isaac C. Haight John D. Lee John M Higby George Adair, Junior Elliott Wilden Samuel Jukes Phillip K. Smith & William C. Stewart

A true Bill Donald S. Liddle Foreman

Filed Sept 24 1874 James R. Wilkins Clk D. P. Whedon Assit US Atty

Territory of Utah Beaver County In the District Court in and for the Second Judicial District of Utah Territory Sept term 1874

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, Phillip K. Smith, and William C. Stewart Indictment for Murder

The Grand Jurors of the people of the United States of America within and for the Second Judicial District of Utah Territory good and lawful men residents thereof, selected drawn summoned empaneled sworn and charged within and for the body of the Second Judicial District afore said in said Territory in the name and by the authority of the people aforesaid is upon their oath aforesaid find and present that 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 late of Utah Territory aforesaid on the sixteenth day of September one thousand eight hundred and fifty seven with force and arms as Mountain Meadow Valley in "now" Washington County Utah Territory aforesaid in and upon the bodies of John Smith and fifty other men women and children whose names are to the jurors aforesaid wholly unknown in the peace of said territory died and other being, feloniously, willfully premeditated designedly and of malice aforethought did jointly make an assault upon the said John Smith and such of this aforesaid unknown persons. And 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 with certain guns then and there charged with gun powder and leaden bullets

which said guns 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 in their hands severely then and there held feloniously willfully premeditaded and deliberately and of their malice aforethought did combined and in concert of action discharge and shoot off to against and upon the said John Smith and the said fifty persons whose names were wholy unknown to aforesaid then and there feloniously willfully premeditatedly designedly and of their malice aforethought did strike penetrate and wound each and every one of the aforesaid unknown persons including also the said John Smith in and upon each of their several persons and several bodies the precise depth and description of each of said wounds are to the jurors unknown thereby giving said John Smith and to each of the other unknown persons with leaden bullets cast aforesaid so as aforesaid