Bill of exceptions of John D. Lee

Territory of Utah County of Beaver SS.

In the District Court of the Second Judicial District of Utah Territory held in Beaver County.

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, Philip K. Smith, and William C. Stewart.

Indictment for Murder.

Bill of Exceptions of John D. Lee, defendant.

Be it remebered that the above entitled cause came on to be heard before the Hon. Jacob S. Boreman, Judge of the Second Judicial Disctict in and for Utah Territory. At the City of Beaver in Beaver County. On the 21st day of July AD 1875. When the following proceedings were had.

The Defendant John D. Lee indicted with others was personally arraigned upon the following indictment - (Here insert Indictment and Endorsements)

To which indictment the defendant John D. Lee Answered. That his pleas to the said Indictment were made and filed in said Court. and cause as follows. (Here insert pleas of defendant) To which first and second plea of the defendant, the prosecution filed a demurrer, and to the third plea of defendant filed a replication-as follows, (Here insert Demurrer and replication) To which replication the defendant then and there filed his traverse (Here insert traverse to replication) The Court sustained the demurrer to said first and second pleas of defendant to which ruling of the Court the defendant then and there exceptedThe matter of Defendants third plea and the replication thereto. and the traverse of defendant to said replication- was then taken up by the Court for consideration-The aforesaid third plea of defendant and the replication thereto and the indictment herein, were submitted to the Court for its examination. and without other evidence the Court proceeded to determine the same-After fully considering the same. The Court decided the replication well taken. and decided that defendants said third plea was not well

Page Line 3 1 taken, to each and all of said rulings 2 the defendant then and there excepted. 3 The original entry upon the Clerks Journal 4 and minutes for the 24th day of September AD 1874 5 which refer to the indictment herein-were 6 as follows, 7 (Here insert original entry8 To correct the above entry. The prosecution 9 requested and moved the Court on the 21st day 10 of July AD 1875, to cause the following 11 to be entered Nunc pro tunc. as a correction 12 of the said original entry. made on the 24th 13 day of September AD 1874, as aforesaid-- 14 (Here insert the Order of the Court of July 15 21st AD 1875 correcting said minutes) 16 The Court granted the Motion and 17 caused to be then and there filed the said proposed 18 amendments to said original entry- and 19 then and there ordered the same to stand for and 20 instead of said original Journal Entry and 21 Clerks minutes. relating to the filing and presenting of said 22 indictment-- To all of which rulings 23 the defendant then and there excepted-- 24 The Defendant was then ordered to plead 25 to said indictment- and plead not guilty. 26 The Cause was then tried and resulted in 27 a disagreement of the Jury empanneled and 28 sworn to try said Cause-- Whereupon said Cause 29. was continued for future action-

Page 4 Line 1 Now on this the 14th day of September AD 1876 2 this cause came on for trial when the following 3proceedings were had - 4 A Jury was duly called empanneled and 5 sworn to try said cause - 6 After the case was stated for the prosecution 7 the following documentary evidence was 8 introduced to with - 9 (Here insert Letter of John D. Lee - 10 Letter of Brigham Young to Denver. Sept 12, 1857. 11 Letter of Brigham Young to Denver Jany 6, 1858. 12 Proclamation of Brigham Young. Dated Sept 15, 1857. 13 Affidavit of George A Smith. July 30th, 1875. 14 Deposition of Brigham Young. July 30th, 1875. 15 Letter of Young and Wells to Dame. Sept 14, 1857.) 16 17 Daniel H. Wells, was then introduced 18 sworn and testified on behalf of prosecution 19 as follows - 20 (Here insert evidence of Daniel H. Wells) 21 22 Laban Morrell was then introduced, sworn, 23 and testified on behalf of prosecution as follows 24 (Here insert evidence of (Laban Morrell-) 25 26 James Haslem was then introduced sworn, 27 and testified on behalf of prosecution as follows, 28 (Here insert evidence of 29 James Haslem --)

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Line 1 Joel W. White was then introduced sworn 2 as a witness and testified as follows for the 3 prosecution 4 (Here insert evidence of Joel W. White.) 5 6 Samuel Knight was then introduced 7 sworn as a witness and testified as follows 8 for the prosecution 9 (Here insert evidence of Samuel Knight) 10 11 Samuel McMurdy was then introduced 12 sworn as a witness and testified as follows 13 for the prosecution 14 (Here insert evidence of Samuel McMurdy -) 15 16 Nephi Johnston was then introduced 17 sworn as a witness, and testified as follows 18 for the prosecution 19 (Here insert evidence of Nephi Johnston) 20 21 Jacob Hamblin was then introduced 22 sworn as a witness, and testified as follows 23 for the prosecution 24 (Here insert evidence of Jacob Hamblin) 25 26 Nephi Johnston. was then recalled and 27 testified as follows for the prosecution 28 (Here insert evidence of 29. Nephi Johnston when recalled -