John D. Lee Case File

Territory of Utah

County of Beaver

John M. Coombs of said County, being duly sworn, says, the he served the within Subpoena, by showing the said within original to each of the following persons named therin, on the 21st day of September A.D. 1874 at the said County of Beaver to wit: John Wilden F. Wilden, Elijah Wilden, James Whitaker, T. Willis, Robb Keyes, and Apahel Bennett

Subscribed and sworn to before me, this 21st day of September A.D. 1874 J. M. Coombs

James R. Wilkins Clerk John Combs (Bailiff)

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.

Subpoena. Filed October 3rd 1874 James R. Wilkins Clerk

I hereby certify that I served the within Subpoena, by showing the said within original to each of the following persons therein, personally, on the 18th day of September A.D. 1874 at the County of Beaver to with: Geo. Wenesalw Mrs. Goff, Mrs. Smith, Mrs. Willis, G.W. Crouct and William [?]

Dated September 18th Service $3.00 Mileage $0.36 Return $0.50 $3.86

Geo. R. Marwell U.S. Marshal

The answers of Brigham Young to the Interrogatories hereto appended were reduced to writing and were given after the said Brigham Young had been duly sworn to testify the truth in the above entitled cause and are as follows:-

1st

To the First Interrogatory, He saith:-

I am in my seventy fifth year. It would be a great risk both to my health and life, for me to travel to Beaver at this present time. I am and have been for some time an invalid.

2nd

He saith:-

I was the Governor of this Territory and ex-officio Superintendent of Indian affairs, and the President of the Church of Jesus Christ of Latter-day Saints during the year 1857.

3rd

He saith:-

In May or June 1857 the United States mails for Utah were stopped by the Government,- all communication by mail was cut off. An Army of the United States was en-route for Utah- with

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT Of the Territory of Utah. Beaver County, The Prople of the United States in the Territory of Utah Plaintiffs Against John D. Lee Impleadant et al. Defendent The People of the Territory of Utah send Greeting to Darius Shirts WE COMMAND YOU, That all and singular business and excuses being laid aside, you appear and attend before the Second District Court of the Territory of Utah, at a term of said Court to be held at the Court House in Beaver City on the 11th day of September A. D. 1876, at 10 o'clock A.M., 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. WITNESS, Hon. J. S. Boreman Judge of the Second Judicial District Court in and for Utah Territory, this 9th day of September A.D. 1876. ATTEST, my hand and the Seal of said Court the day and year last above written. James R. Wilkins Clerk