012

atrocious and unprovoked Massacre of human
beings." Because there is no such charge made
in the Indictment, nor is the said Lee charged
in the said Indictment with being a leader in
any massacre whatever.

Twelfth

The Court erred in charging the Jury as follows
"The evidence shows that the persons killed
were emigrants, who had passed with a
number of wagons and many cattle
through the settlements of this Territory,
and were about passing out of the Territory
upon the Deserts of the west, on their way
to Southern California. Before beginning their
Journey over the wide Deserts, they were
recruiting their stock upon the varied rich
grasses of the Mountain Meadows. For several
days a combination of Indians and white men
had been making attacks upon them-
but having failed in every effort at their
overthrow and being driven back, the
resort was had to the basest treachery and
deception to effect their destruction."

In this that the above language assumes
as a fact which was not proven-that the
Emigrants were about to pass out of the Territory-
It further assumes as a fact which was
not proven that-That a combination of Indians
and white men had made attacks upon