John D. Lee Case File

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

discharged and shot out of guns aforesaid so as aforesaid by 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, jointly and in concert of action upon the bodies of said John Smith and said fifty other persons severally also unknown to the jurors as aforesaid mortal wounds the descriptions and depths of each of which are all severally unknown unto jurors so as aforesaid of which said several mortal wounds so as aforesaid the said John Smith and said fifty other unknown persons then and there instantly died.

And so the jurors aforesaid upon their oaths aforesaid do say 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 then aforesaid John Smith and said fifty

within the jurisdiction of this Here Court div intend to combine conspire and agree together one John Smith and certain other persons over fifty in number male and female in one company in the peace of said territory whose names are to the Grand Jury wholly unknown, their and others being feloniously, premeditatedly, delibererately, willfully and of malice aforethought to kill and murder - And the Jurors aforesaid upon their oath aforesaid do further present and find that who find William H. Dame, Isaac C. Haight, John D. Lee, John M. Higby, George Adair, Junior, Elliot Wilden, Samuel Jukes, Phillip K. Smith and William C. Stewart- in the prosecution of such their wicked and diabolical intentions and agreement at the day and year aforesaid, did labor instigate solicit others and endeavor to persuade certain persons whose names are wholly unknown to the jurors aforesaid commonly known and called Indians to assist and abet their aforesaid William H. Dame, Isaac C. Haight, John D. Lee, John M. Higby, George Adair, Junior, Elliot Wilden, Samuel Jukes, Phillip K. Smith and William C. Stewart in acomplishing and fullfilling their said wicked intentions and in the felony and murder by their intrude] to be committed. And the Jurors

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