003

3

Fourth⏤
Given

The jury can only consider
such evidence as is before
them⏤not such facts as stated
might be proved and the court
has ruled out⏤

Fifth
Given
Objected to

It is not necessary to prove that
there was a person by the name
of John Smith killed at Mountain
Meadows at the time of the
Massacre in order to convict
the defendant Lee if the jury
believe from the evidence
beyond a reasonable doubt
that there was one or more
of the emigrants killed by defendant
Lee or that he⏤
aided and abetted in the
killing of any one or more
of the said emigrants whose
name or names are
unknown⏤