Defendant's jury instructions (given)

11)

Object .

Given.

The Court instructs the Jury that the charge in the Indictment that whether the defendant had combined with the other persons named in the Indictment, or with some of them for the purpose of committing the homocide charged, to have been committed is a question of fact to to be found by the Jury the same as any other fact; and if the Jury believe from the evidence, that there was no such combination entered into by defendant with others for the purpose of committing the alleged offence, and that the difendant did not take part in the commission of said offence, and that he did not kill any person or persons as charged in the Indictment then the Jury must find the defendant not guilty.

12

Given.

The jury is not authorised to find the defendant guilty unless the proof shows that he is guilty of the particlar crime charged in the indictment.

14

Given.

The defendant is responsible for his own acts but not for the acts of any other person done without his consent, assistance, or procurement.

15

Given.

John D. Lee is not affected by any declarations of Haight, Higbee, or any other person, made in his absence, unless there is evidence which convinces the Jury that there was some agreement, or confederation between said Lee and the persons making such declarations, to accomplish some object; and that the declarations were made in the futherance, or at least on the subject of that object.

18

Given.

It was not unlawful or criminal for the persons named in the indictment as defendants to go to the Mountain Meadows while the White persons alluded to in the testimony as emigrants were encamped there; that if said defendants on hearing that such emigrants had been attacked by the Indians, went to the Meadows to persuade the Indians to desist and to bury the dead that had fallen in such attack, and for no other object, such going to the Meadows was not only innocent, but laudable and humane.

19

Given.

If the Jury find that the the ostensible purpose for which persons of influence led, or caused men to go to the Meadows immediately before the slaughter of the persons referred to in the testimony as emigrants was to aid and assist such emigrants, and not to make war on, or injure them, the act of going and of being present at the Meadows at the time of the slaughter of such emigrants and not taking part nor aiding or abetting therein is not evidence against the defendants of any other intention than to accomplish such ostensible purpose, unless it is shown that they had notice that some other object was contemplated. And in the absence of evidence to the contrary, the law presumes no guilty knowledge or intention.