John D. Lee's plea to indictment

Territory of Utah. Beaver County S.S. In the District Court for the Second Judical District of Utah Territory July Term. A.D. 1875

The People of the United States In the Territory of Utah. vs. John D. Lee, Indicted with William H. Dame, Isaac C. Haight John M. Higby, George Adair, Junior, Elliott Wilden, Samuel Jukes Phillip K. Smith and William C. Stewart.

Plea to Indictment.

And the said John D. Lee in his own proper person comes into Court here and having heard the said indictment read saith, that he ought not to answer, or to be tried upon the said Indictment for the reason that the persons acting as a Grand Jury by whom the said Indictment was found, were not at the time of finding the said Indictment or at any other time a legal Grand Jury becasue he says, that heretofore "to wit" on the Eleventh day of August A.D. 1874, the Hon. Jacob S. Boreman Judge of the District Court for

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the Second Judicial District within and for the Territory of Utah, by public notice by him the said Judge then and there given orders, that on the 18th day of August A.D. 1874 there be drawn in the manner prescribed by law- from the Jury list of two hundred names, prepared by the clerk of the said District Court and the Probate Judge of the said County of Beaver the names of twenty-three persons to serve as Grand Jurors, at the next Term of the said District Court for the second Judicial District of Utah- to be began and held at said Beaver City, on Monday the 7th day of September then next ensuing and that afterwards to wit on the said 18th day of August A.D. 1874, in pursuance of said order and notice, there was drawn to serve as a grand Jury, for said term the names of twenty-three persons to serve on said Grand Jury, at said September Term of said Court. That twenty-two of said twenty-three persons, drawn as aforesaid to serve as said grand Jurors, were summoned to appear and serve as such. and each and all of them personally appeared in pertinence of said summons,

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on the first day of said September term of said Court to serve as grand jurors- At which time to wit: at the opening of said term of said Court, there was empanneled and sworn tvelve of said twenty-two grand jurors so drawn together with three others then drawn to be summoned and who were summoned to serve as such grand jurors, to constitute the Grand Jury of the said term- and the Grand Jury of the said term was so constituted and not otherwise. That such Grand Jury and said persons so drawn empanneled and sworn, acting as such Grand Jury, so constituted as aforesaid and not otherwise- found said Indictment and the said Indictment was not found otherwisethat this 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 said Indictment- and this the said John D. Lee is ready to verify, wherefore for the want of a sufficient indictment in his behalf, the said John D. Lee prays judgement that that the said Indictment may

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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

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were so drawn, summoned, and appearing were Ira Elmer, Sylvester C. Hulett, William E. Jones, Louis R. Chafin, Lorenzo Brown, William C. McGregor, Jacob Yates and William F. Porter who were respectively on the 18th day of August 1874, when the names of the twenty-three persons were drawn to serve as grand jurors, as aforesaid and each of them was a citizen of the United States over twenty-one years of age of reputed sound mind and discretion, that neither of them had been convicted of any capital or infamous crime- nor were they or either of them so disabled in body as to be unable to serve either when they were severally listed and drawn, or when they appeared as aforesaid that each and every of them resided in the Second Judicial District of Utah Territory for more than six months next preceeding the time they were listed as jurors and still continue there to reside that they then and Each of them ever since, has owned property and paid taxes in this Territory. That they were, and each of them was able to read and write in the English language and did not belong to the military of the