Transcript and order fixing day of execution and return on order of execution on April 24, 1877

{For the District Court of the Secondary Judicial District of the Territory of Utah, Beaver County.}

At the March Term, A.D. 1877, this 7th day of March, A.D. 1877, as yet of said Terms.

The People of the United States in the Territory of Utah, Plffs.

}Indictment for Murder.

vs. John D. Lee, Impleadent with William N. Dand, Isaac G. Haight, John M. Higby, George Adair, Jr., Elliott Hilden, Samuel Jeukes, Phillip K. Smith & Wm G. Stewart ... Deft

}Day of Executions Reappointed.

This Case having been taken by approval to the Supreme Court of Utah Territory, and the sentence and judgement of this Court, heretofor entered herein, that said John D. Lee should be executed on the 26th day of January, A.D. 1877, having been modified by said Supreme Court, as to the time of said execution, so as to suspend the execution of said sentence until the further order of said Supreme Court; and said case having been heard and determined by said Supreme Court, and the conviction judgment and sentence of this court heretofore

entered in this case having been affirmed and sustained by said Supreme Court, with the modification as to the time of execution as afore-said; and said Supreme Court having remitted said case to this Court, with an order that this Court proceed to set and fix a day for carrying into execution the sentence and judgement aforesaid of this Court, so affirmed, which order and judgment of said Supreme Court is in the following words, to said:

"Saturday February 10th, A.D. 1877. A session of the Supreme Court of the territory of Utah was held this day beginning at 10 o'clock A.M., pursuant to adjournment.

Present and presiding: Hon. Michael Schaeffs, Chief Justice; also Hon. Phillip H. Emmerson, Associate Justice; and Hon. Jacob S. [Borgeman?] Associate Justice. Present, also, the Clerk, members of the [Bar?] and Deputy U.S. Marshal. The Court was opened by proclamation.xx.

The People of the United States in the Territory of Utah, Plffs & Respodts

} From 2nd Dist.

vs.

John D. Lee, Indicted with Others, Deft and Appellant,

This [case] coming [on?] to be heard, in open court, at the Janu ary Term, 1877, of this Court, the same having

of October, A.D. 1876, affirmed, as aforesaid, be, and the same is, hereby set and fixed for the Twenty Third day of March, A.D. 1877, and that in accordance with said judgment of this court, so affirmed as aforesaid:

You?, the said John D. Lee, be taken hence to a place of confinement within this Territory, that you there be safely kept in confinement, until the 23rd day of March, A.D. 1877, that between the hours of ten o'clock in the forenoon and three o'clock in the afternoon of that day, you be taken and in this Judicial Dis trict be publicly shot until you are dead, and many Almighty God have mercy upon your soul; and the United States Marshal is hereby ordered and authorized to carry into execution the said Judgment unto Sentence.

Jacob S. Borgeman, Judge.

Territory of Utah, County of Beaver

SS-

I, James A. Vickins, Clerk of the District Court of the Second Judicial District of the Territory of Utah, do hereby certify that the foregoing is a full, true and correct, copy of the order of said court, in the above entitled [case?], setting and fixing the day for carrying into execution the sentence and judgment of said court, made in said case of, as the same [?]

Witness my hand and the seal of said Court, this 7th day of March, A.D. 1877. James R. Wilkins, Clerk of said Court

Utah Territory Beaver County }SS:

U.S. Marshal's Office, Beaver March 24, 1877 I hereby certify that I have executed the commands of the within order; that I conveyed the prisoner John. D. Lee to Mountain Meadows, Utah Territory, in the Second Judicial District; and in that place on Friday, the 23rd day of March, at the hour of eleven o'clock in the forenoon had him forcibly shot to death; that after death I delivered his body to his wife Rachel at Panguitch, Iron County, Utah. William Nelson U.S. Marshal.

No. 31

In 2d Dist Court Utah Territory

The People Etc. vs. John D. Lee. Impleadent & O.

Transcript of Order Fixing day of Execution.

Filed April 23d AD 1879 JR Wilkins Clerk By [W?] [Poole?] Deputy