Bill of exceptions of John D. Lee

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Plaintiff - Because the same were contrary to and did not contain the law applicable to this case - and tended to and did confuse and mislead the jury herein, to the detriment of this defendant.

Ninth

The Court erred in giving the charge and instructions to the Jury which it did give upon its own motion Because the same did not correctly state the law and tended to and did confuse and mislead the Jury herein and prevent the defendant from having a fair and impartial trial herein.

(Second-) Tenth-

The Court erred in using the following language in said charge to the Jury "You are, however, the sole Judges of the facts and of the credibility of the witnesses; and whatever I may say to you respecting the facts, although I may assist you in the consideration of the case, is not binding upon you." For the reason that the Court in said words assumes to assist the Jury in finding the facts in said case and passing thereon -

Eleventh -

The Court erred in using the following language That "John D. Lee, stands before you charged with being a participant and leader in a most

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 thembut 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 TerritoryIt further assumes as a fact which was not proven that-That a combination of Indians and white men had made attacks upon

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 defendant.

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

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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

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that all these things were proven and it takes from the Jury the right to pass upon those facts-and thereby deprives the defendant of a fair and impartial trial.

Seventeenth

The Court erred in instructing the Jury "that the testimony is overwhelming" In this that it virtually commands the Jury to find a virdict of guilty against the defendent without regard to the ideas of the Jury as to what facts were proven by competent evidence.

Eighteenth

The Court erred in instructing the Jury as follows, "The defense has introduced no witness or evidence to refute the testimony for the prosecution but risks the whole case upon the hope to shake your confidence in the witnesses for the prosecution."

Thereby assuming that the Jury had confidence in the witnesses and the truth of their testimony and misleading the Jury as to the real defense to said cause. Further, said Language assumes and informs the Jury that, the guilt of the Defendant is fully established by legal evidence and prevented the Jury from passing upon the question of the competency of the evidence of the credibility of the witnesses in the case-or that of the guilt or innocence of Defendant.