013

the Emigrants-while the proof shows
that John D. Lee was the only white man
present aiding the indians until the day of
the general Massacre and the presence of John D. Lee is a question of fact for the Jury to find-and the guilt of Defendant
John D. Lee is a question which should be passed upon by the Jury

Thirteenth

The Court erred in saying in said charge,
that The Indians and white men resorted
to the basest treachery and deception to effect
the emigrants destruction. Because it tended
to and did prejudice the jury against the defen-
dant.

Fourteenth

The Court erred in using the following
language in said charge-
"Under a white flag—a flag of truce—
The prisoner at the bar approached the
emigrants, and having there met a delegation from
them, the fears of the emigrants were somewhat
allayed and they gave up their arms putting
them into wagons from the attacking party
and then being unarmed, they put themselves
under the protection of the white men of
which the prisoner, Lee, was one.
In this, That he charges that the foregoing are
facts, and takes from the Jury the right to
consider whether said facts are proven
or not, and appeals to the prejudice of the Jury.

Fifteenth

The Court erred in using the following
language "You have heard the sickening