004

4

be quashed, and that by the Court he
may be dismissed and discharged from
the said premises in the said indictment
specified.

And the said John D. Lee per
a further and seperate plea in this behalf
said that he ought not answer or
be tried upon the said indictment
for the reason that the persons acting
as a Grand Jury, by whom the said
indictment was found was not a legal
Grand Jury because he says that pursuant
to the order, direction and notice of the
Judge of the Second Judicial District
Court of Utah Territory, the names of twenty-three
persons were drawn for Grand Jurors,
to serve at the September term- in
1874 of this court. That twenty-two of
the persons whose names were so drawn
were summoned to appear and serve
as such Grand Jurors- at said term
of this court. That each and all of said
twenty-two persons so summoned personally
appeared in said court on the first
day of the September term- to wit
on the 7th day of September A.D. 1874,
that among the persons whose names