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details of the bloody and fiendish work
which followed. Indians and white men
vied with each other in their efforts at the
wholesale murdering of over one hundred and
twenty human beings, men, women, and children
who had been disarmed and lured from
their wagons.

Because it appeals to the prejudice
of the Jury and assumed as a fact that a
wholesale murder had been committed and
also that all of the emigrants had been
disarmed, the latter fact not having been
proven by any witness whatever.
It also assumes as an established fact
that the emigrants had been lured from
their wagons, and takes all these questions
of face from the consideration of the Jury;
thereby misleading the Jury. Upon the questions
of fact that they should find and pass upon.

Sixteenth

The Court erred in said charge, in using
the following language "You have heard the
part which the prisoner played in this dread
tragedy-how it was said he shot one person
with his gun-how he shot others with his
pistol, and cut the throat of another and told
an indian not to spare a womans life whom
the Savage asked to have spared."
In this that the Court thereby assumes