John D. Lee Case File

and then severely was such of them instantly die from said wounds received so as aforesaid in manner with guns unknown And the persons so as aforesaid upon their oath aforesaid [do?] that [UNREADABLE, DAMAGED] John M. H-- --eorge Adair, Junior Elliot Wilden Samuel [unreadable] Indians. Then and there and said [unreadable] company of fifty persons last aforesaw whose names are noted persons unknown and also the said John Smith with manner as by the means such aforesaid feloneously wilfully premeditated by deliberate and of malice of cutting did severally kill and murder - All of which is contrary with statute of Utah Territory in such case made any provided and against the dignity and peace of the People of said Territory. Donald S. Liddle Foreman William Carey Attorney for the United States for Utah Territory Assistant United States Attorney for the Second Judicial District of Utah Territory

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