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United States nor were they or either of them subject to the military authority of the United States- And at the time of the drawing of said Jurors and their appearance in Court as aforsaid, neither the said Ira Elmer, Sylvester C. Hulett, William E. Jones, Louis R. Chafin, Lorenzo Brown, William C. McGregor, Jacob Gates, or William F. Porter was exempt or entitled to be excused from serving on juries, not were they or either of them subject to be challenged, set aside, or discharged from serving on said Grand Jury, for any legal cause. That said Ira Elmer, Sylvester C. Hulett, William E. Jones, Louis R. Chafin, Lorenzo Brown, William C. McGregor, Jacob Gates and William F. Porter, were, and each of them was on the seventh day of September AD 1874 - on motion of D.P. Whedon esq. Attorney at Law, set aside and discharged by the Court from serving as Grand Jurors at said September term of this Court. That thereupon during said September Term of said Court, without any necessity therefor and contrary to law another person to wit: James Warby together with two others was drawn to serve as Grand Juror. That they were summoned empaneled and sworn as a Jurors of the Grand Jury of said
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September Term. That the Grand Jury of said term so constituted and not otherwise, found said indictment and the same was not found otherwise. That the defendant was not under arrest, nor had he given bail to appear at said September Term, to answer to said accusation contained in said indictment nor any other offense prior to the finding of the said indictment, and this the said John D. Lee is ready to verify.
Wherefore he prays Judgement of the said indictment, and that the same may be quashed, and that by the Court he be dismissed and discharged from the said premises in the said indictment specified.
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And the said John D. Lee in his own proper form after hearing read the said indictment for a per this plea in their behalf says: that he ought not to answer to or be tried on the said indictment, because he says that said indictment is not a legal indictment in this court, that it has not been presented to this or any other court by any grand jury; and then the said John D. Lee is ready to verify. Wherefore he prays judgement of the said indictment, and that the same may be quashed. John D. Lee
Territory of Utah Beaver County John D. Lee, the defendant named in the foregoing pleas, being duly sworn says, that said several pleas are true in substance and matter of fact Sworn to and sanctioned before me this 21st day of July 1875 James R. Wilkins, Clerk
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In the District Court 2nd Judicial District Beaver County Utah.
The People of the United States in the Territory of Utah vs. John D. Lee et al
Plea of John D. Lee
Filed July 21, 1875 James R. Wilkins Clerk.
