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History of Utah, 1540-1886 - Brigham Young University

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566 THE MOUNTAIN MEADOWS MASSACRE.<br />

The court-room was crowded with spectators, who<br />

cared little for the accused, but listened with rapt<br />

attention to the evidence, which, as they supposed,<br />

would certainly implicate the dignitaries <strong>of</strong> the church.<br />

They listened in vain. In opening the case to the<br />

jury, the district attorney 49 stated that he came there<br />

to try John D. Lee, and not <strong>Brigham</strong> <strong>Young</strong> and the<br />

Mormon church. He proposed to prove that Lee<br />

had acted in direct opposition to the feelings and<br />

wishes <strong>of</strong> the <strong>of</strong>ficers <strong>of</strong> the Mormon church; that bymeans<br />

<strong>of</strong> a flag <strong>of</strong> truce Lee had induced the emigrants<br />

to give up their arms; that with his own hands<br />

the prisoner had shot two women, and brained a third<br />

with the but-end <strong>of</strong> his rifle; that he had cut the<br />

throat <strong>of</strong> a wounded man, whom he dragged forth<br />

from one <strong>of</strong> the wagons; and that he had gathered<br />

up the property <strong>of</strong> the emigrants and used it or sold<br />

it for his own benefit. 50<br />

These charges, and others relating to incidents that<br />

have already been mentioned, were in the main substantiated.<br />

The first evidence introduced was documentary,<br />

and included the depositions <strong>of</strong> <strong>Brigham</strong><br />

<strong>Young</strong> and George A. Smith, and a letter written by<br />

Lee to the former, wherein he attempted to throw<br />

the entire responsibility <strong>of</strong> the deed upon the Indians.<br />

<strong>Brigham</strong> alleged that he heard nothing about the<br />

massacre until some time after it occurred, and then<br />

only by rumor; that two or three months later Lee<br />

called at his <strong>of</strong>fice and gave an account <strong>of</strong> the slaughter,<br />

which he charged to Indians; that he gave no<br />

directions as to the property <strong>of</strong> the emigrants, and<br />

knew nothing about its disposal; that about the 10th<br />

<strong>of</strong> September, 1857, he received a communication<br />

from Isaac C. Haight <strong>of</strong> Cedar City, concerning the<br />

Arkansas party, and in his answer had given orders<br />

49 Sumner Howard, who was assisted by Presley Denny. The prisoner's<br />

counsel were Wells Spicer, J. C. Foster, and W. W. Bishop. The trial <strong>of</strong><br />

John Lee, in Mormonism Unvaried, 302.<br />

50 A summary <strong>of</strong> Howards opening address to the jury, which was forcible<br />

and well studied, will be found in the Deseret News, Sept. 20, 1876.

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