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CHAPTER XXI.
TRIAL OF LEE, AT BEAVER CITY, UTAH TERRITORY, SEPT., 1876.
A JURY was sworn to try the case on Thursday, September 14,1876. after which the court adjourned until the 15th. Friday morning, September 15, 1876. The court met. Present, Hon. Jacob S. Boreman, Judge; Sumner Howard, United States Attorney; Presley Denney, Deputy United States Attorney; James R. Wilkins, Clerk; John D. Lee, the defendant on trial, with his attorneys, Wells Spicer, J. C. Foster, and Wm. W. Bishop; Win. Nelson, United States Marshal, and the Deputies, Win. Stokes, Franklin Brown and Edward Keisel.
The parties having announced themselves ready for trial, the following proceedings were had:
James R. Wilkins, Clerk, read the indictment against Lee, impleaded with others, to the jury, and stated the plea of the defendant.
Sumner Howard stated the case to the jury, on behalf of the people.
William W. Bishop stated the case for the defendant.
On motion of Sumner Howard, the court appointed A. S. Patterson, Esq., as official court reporter in the trial of this cause, when the following proceedings were had:
DEPOSITION OF BRIGHAM YOUNG.
MR. HOWARD: If the Court please, I now propose to offer in evidence the deposition of Brigham Young; also the affidavit of Geo. A. Smith; also a letter written by John D. Lee to Brigham Young; also the report of Brigham Young to the Department of Indian Affairs, and also the proclamation of Brigham Young. These papers have been submitted to the attorneys for the defense, and they consent to their introduction. I now file them and place them in evidence to save time.
MR. BISHOP: May It please your Honor, while we deny that these documents are legal evidence of the fact in the indictment as charged, we still consent to the same being introduced, because we once came so near being placed in jail for offering the same papers, especially the deposition of Brigham Young and the affidavit of George A. Smith, as evidence at the former trial of this defendant. We wish to see what lengths the prosecution will go in this court, to convict the defendant on trial by law or without law. Our opinions as lawyers were against the admission of the evidence, but our client insists that the evidence be admitted. Contrary to our best judgment, we have consented. Let the evidence go in, and with it all besides that the authorities of the Church at Salt Lake City have unearthed for the perusal of our Brother Howard. We now know we are fighting the indictment, and also the secret forces and powers of the Mormon Church.
Mr. Howard then introduced the following documentary evidence:
TERRITORY OF UTAH,
BEAVERCOUNTY}SS.
In the Second Judicial District Court.
The People, etc.
vs.
John D. Lee, Wm. H. Dame,
Issac C. Haight, et al.} Indictment for Murder.
September 16th, 1875Questions to be propounded to Brigham Young on his examination as a witness in the case of Join D. Lee and others, on trial at Beaver City, this 30th day of July, 1875, and the answers of Brigham Young to the interrogatives hereto appended, were reduced to writing, and were given after the said Brigham Young had been duly sworn to testify the truth in the above entitled cause, and are as follows:
First - State your age, and the present condition of your health, and whether in its condition you could travel to attend in person, at Beaver, the court now sitting there? If not, state why not.
Answer - To the first interrogatory, he saith:
I am in my seventy-fifth year. It would be a great risk, both to my health and life, for me to travel to Beaver at this present time. I am, and have been for some time, an invalid.
Second - What offices, either ecclesiastical, civil, or military, did you hold In the year 1867?
Answer - I was the Governor of this Territory, and ex-officio Superintendent of Indian Affairs, and the President of the Church of Jesus Christ of Latter-Day Saints, during the year 1857.
Third - State the condition of affairs between the Territory of Utah and the Federal Government, in the Summer and Fall of 1857.
Answer - In May or June, 1857, the United States mails for Utah were stopped by the Government, and all communication by mail was cut off, an army of the United States was en route for Utah, with the ostensible design of destroying the Latter-Day Saints, according to the reports that reached us from the East.
Fourth - Were there any United States Judges here during the Summer and Fall of 1857?
Answer - To the best of my recollection there was no United States Judge here in the latter part of 1857.
Fifth - State what you know about trains of emigrants passing through the Territory to the West, and particularly about a company from Arkansas, en route for California, passing through this city in the Summer or Fall of 1857?
Answer - As usual, emigrants' trains were passing through our Territory for the West. I heard It rumored that a company from Arkansas, on route to California, had passed through the city.
Sixth - Was this Arkansas company of emigrants ordered away from Salt Lake City by yourself or any one in authority under you?
Answer - No, not that I know of. I never heard of any such thing, and certainly no such order was given by the acting Governor.
Seventh - Was any counsel or instructions given by any person to the citizens of Utah not to sell grain or trade with the emigrant trains passing through Utah at that time? If so, what were those Instructions and counsel?
Answer - Yes, counsel and advice were given to the citizens not to sell grain to the emigrants to feed their stock, but to let them have sufficient for themselves if they were out. The simple reason for this was that for several years our crops had been short, and the prospect was at that time that we might have trouble with the United States army, then en route for this place, and we wanted to preserve the grain for food. The citizens of the Territory were counseled not to feed grain to their own stock. No person was ever punished or called In question for furnishing supplies to the emigrants, within my knowledge.
Eighth - When did you first hear of the attack and destruction of this Arkansas company at Mountain Meadows, In September, 1857?
Answer - I did not learn anything of the attack or destruction of the Arkansas company until some time after it occurred - then only by floating rumor.
Ninth - Did John D. Lee report to you at any time after this 0 massacre what had been done at that massacre, and if so, what did you reply to him in reference thereto?
Answer - Within some two or three months after the massacre he called at my office and had much to say with regard to the Indians, their being stirred up to anger and threatening the settlements of the whites, and then commenced giving an account of the massacre. I told him to stop, as from what I had already heard by rumor, I did not wish my feelings harrowed up with recital of detail.
Tenth - Did Philip Klingensmith call at your office with John D. Lee at the time Lee made his report, and did you at that time order Smith to turn over the stock to Lee, and order them not to talk about the massacre?
Answer - No. He did not call with John D. Lee, and I have no recollection of his ever speaking to me nor I to him concerning the massacre or anything pertaining to the property.
Eleventh - Did you ever give any directions concerning the property taken from the emigrants at the Mountain Meadows Massacre, or know anything as to its disposition?
Answer - No, I never gave any directions concerning the property taken from the company of emigrants at the Mountain Meadows Massacre, nor did I know anything of that property, or its disposal, and I do not to this day, except from public rumor.
Twelfth - Why did you not, as Governor, institute proceedings forthwith to investigate that massacre, and bring the guilty authors thereof to justice?
Answer - Because another Governor had been appointed by the President of the United States, and was then on the way to take my place, and I did not know how soon he might arrive, and because the United States Judges were not in the Territory. Soon after Governor Cummings arrived, I asked him to take Judge Cradelbaugh, who belonged to the Southern District, with him, and I would accompany them with sufficient aid to investigate the matter and bring the offenders to justice.
Thirteenth - Did you, about the 10th of September, 1857, receive a communication from Isaac C. Haight, or any other person of Cedar City, concerning a company of emigrants called the Arkansas company?
Answer - I did receive a communication from Isaac C. Haight, or John D. Lee, who was a farmer for the Indians.
Fourteenth - Have you that communication?
Answer - I have not. I have made diligent search for it, but cannot find it.
Fifteenth - Did you answer that communication?
Answer - I did, to Isaac C. Haight, who was then acting President at Cedar City.
Sixteenth - Will you state the substance of your letter to him?
Answer - Yes. It was to let this company of emigrants, and all companies of emigrants, pass through the country unmolested, and to allay the angry feelings of the Indians as much as possible.
(Signed) BRIGHAM YOUNG. Subscribed and sworn to before me this 80th day of July, A. D. 1875.
[L. S.] WM. CLAYTON,
Notary Public.AFFIDAVIT OF GEORGE A. SMITH.
TERRITORY OF UTAH,
Beaver County,}SS.
In the Second Judicial District Court of the Territory of Utah.
The People, Etc., vs.
John D. Lee, Wm. H. Dame, Isaac
C. Haight, et al., Salt Lake Co.} SS. Indictment for murder, committed September 16, 1857.
George A. Smith having been first duly sworn, deposes and says that he is aged fifty-eight years. That he is now and has been for several months suffering from a severe and dangerous illness of the head and lungs, and that to attend the court at Beaver, in the present condition of his health, would in all probability end his life.
Deponent further saith, that he had no military command during the year 1857, nor any other official position, except that of one of the Twelve Apostles of the Church of Jesus Christ of Latter-Day Saints.
Deponent further saith, that he never in the year 1857, at Parowan or elsewhere, attended a council where Wm. H. Dame, Isaac C. Haight or others were present to discuss any measures for attacking, or in any manner injuring an emigrant train from Arkansas or any other place, which is alleged to have been destroyed at Mountain Meadows in September, 1857.
Deponent further saith, that he never heard or knew anything of a train of emigrants, which he learned afterwards by rumor was from Arkansas, until he met said train at Corn Creek on his way north to Salt Lake City, on or about the 25th day of August, 1857.
Deponent further saith, that he encamped with Jacob Hamblin, Philo T. Farnsworth, Silas S. Smith and Elijah Hoops, and there for the first time he learned of the existence of said emigrant train, and their intended journey to California.
Deponent further saith, that having been absent from the Territory for a year previous, he returned in the Summer of 1857, and went south to visit his family at Parowan, and to look after some property he had there, and also visit his friends, and for no other purpose, and that on leaving Salt Lake City he had no knowledge whatsoever of the existence of said emigrant train, nor did he acquire any until as before stated.
Deponent further saith, that as an Elder in the Church of Jesus Christ of Latter-Day Saints, he preached several times on his way south, and also on his return, and tried to impress upon the minds of the people the necessity of great case as to their grain crops, as all crops had been short for several years previous to 1857, and many of the people were reduced to actual want and were suffering for the necessaries of life.
Deponent further saith, that he advised the people to furnish all emigrant companies passing through the Territory with what they might actually need for breadstuff, for the support of themselves and families while passing through the Territory, and also advised the people not to feed their grains to their own stock, nor to sell to the emigrants for that purpose.
Deponent further saith, that he never heard or knew of any attack upon said emigrant train until some time after his return to Salt Lake City, and that while near Fort Bridger he heard for the first time that the Indians had massacred an emigrant company at Mountain Meadows.
Deponent further saith, that he never at any time, either before or after that massacre, was accessory thereto; that he never directly or indirectly aided, abetted or assisted in it's perpetration, or had any knowledge thereof, except by hearsay; that he never knew anything of the distribution of the property taken there, except by hearsay as aforesaid.
Deponent further saith, that all charges and statements as pertaining to him contrary to the above are false and untrue.
(Signed) GEO A. SMITH. Subscribed and sworn to before me this 30th day of July, A. D. 1875.
(Signed,) WM. CLAYTON, [L. S.] Notary Public. PROCLAMATION BY THE GOVERNOR.
CITIZENS OF UTAH:
We are invaded by a hostile force, who are evidently assailing us to accomplish our overthrow and destruction.
For the last twenty-five years we have trusted officials of the Government, from Constables and Justices to Judges, Governors, and Presidents, only to be scorned, held in derision, insulted and betrayed. Our houses have been plundered and then burned, our fields laid waste, our principal men butchered while under the pledged faith of the Government for their safety, and our families driven from their homes to find that shelter in, the barren wilderness, and that protection among hostile savages, which were denied them in the boasted abodes of Christianity and civilization.
The constitution of our common country guarantees unto us all that we do now or ever claimed.
If the constitutional rights, which pertain unto us as American citizens, were extended to Utah, according to the spirit and meaning thereof, and fairly and impartially administered, it is all that we could ask.
Our opponents have availed themselves of prejudices existing against us, because of our religious faith, to send out a formidable host to accomplish our destruction. We have had no privilege, no opportunity of defending ourselves from the false, foul and unjust aspersions against us before the Nation. The Government has not condescended to cause an investigating committee or other person to be sent to enquire into and ascertain the truth, as is customary in such cases. We know those aspersions to be false, but that avails us nothing. We are condemned unheard, and forced to an issue with an armed mercenary mob, which has been sent against us at the instigation of anonymous letter writers, ashamed to father the base, slanderous falsehoods which they have given to the public; of corrupt officials who have brought false accusations against us, to screen themselves in their own infamy; and of hireling priests and howling editors, who prostitute the truth for filthy lucres' sake.
The issue which has. been thus forced upon us compels us to resort to the great first law of self-preservation, and stand in our own defence, a right guaranteed unto us by the genius of the institutions of our country, and upon which the Government is based.
Our duty to our families requires us not to tamely submit to be driven and slain without an attempt to preserve ourselves. Our duty to our country, our holy religion, our God, to freedom and~ liberty, requires that we should not quietly stand still and see those fetters forging around, which are calculated to enslave and bring us into subjection to an unlawful military despotism, such as can only emanate (in a country of constitutional law) from usurpation, tyranny and oppression.
Therefore, I, Brigham Young, Governor and Superintendent of Indian Affairs for the Territory of Utah, in the name of the people of the United Siates in the Territory of Utah,
First - Forbid all armed forces of every description from coming into this Territory, under any pretence whatever.
Second - That all the forces in said Territory hold themselves in readiness to march at a moment's notice, to repel any and all such invasion.
Third - Martial law is hereby declared to exist in this Territory, from and after the publication of this Proclamation; and no person shall be allowed to pass or repass, into or through, or from this Territory without a permit from the proper officer.
Given under my hand and seal at Great Salt Lake City, Territory of Utah, this fifteenth day of September, A. D. eighteen hundred and fifty-seven, and of the Independence of the United States of America, the eighty-second.
(Signed) BRIGHAM YOUNG.
The letter and report of John D. Lee to Brigham Young, in regard to the Mountain Meadows Massacre, were here introduced as evidence. (See pages 255 and 256.)
REPORT OF BRIGHAM YOUNG.
OFFICE SUP'T OF INDIAN AFFAIRS, G. S. L. CITY,
September 12, 1857.}
HON. JAMES W. DENVER,Commissioner of Indian Affairs, Washington, D. C.:
SIR - Enclosed please find abstract account current and vouchers from 1 to 35, inclusive, (also, abstract of employee) for the current quarter up to this date, as owing to the stoppage of the mail I have deemed it best to avail myself of the opportunity of sending by private conveyance, not knowing when I may have another chance. The expenditures, as you will observe by the papers, amount to $6,411.38, for which I have drawn my drafts on the department, favor of Hon. John M. Bernhisel, Delegate to Congress from this Territory. You will also observe that a portion of those expenditures accrued which may need a word of explanation. Santa Clara is in Washington County, the extreme southern county of this Territory, and this labor was commenced and partly performed, seeds, grain, etc., furnished prior to the time that Major Armstrong visited those parts of the Territory, hence failed to find its way into his reports, and failed being included in mine because the accounts and vouchers were not sooner brought in, and hence not settled until recently. But little has been effected in that part of the Territory at the expense of the Government, although much has been done by the citizens in aiding the Indians with tools, teams and instructions in cultivating the earth.
The bands mentioned are parts of the Piede tribe of Indians, who are very numerous, but only inhabit this Territory. These Indians are more easily induced to labor than any others in the Territory, and many of them are now engaged in the common pursuits of civilized life. Their requirements are constant for wagons, ploughs, spades, hoes, teams and harness, etc., to enable them to work to advantage.
In like manner the Indians in Cache Valley have received but little at the expense of the Government, although a sore tax upon the people. West and along the line of the California and Oregon travel they continue to make their contributions, and I am sorry to add, with considerable loss of life to the travelers. This is what I have always sought, by all means in my power, to avert, but I find it the most difficult of any portion to control. I have for many years succeeded better than this. I learn by report that many of the lives of the emigrants and considerable quantities of property have been taken.
This is principally owing to a company of some three or four hundred returning Californians, who traveled those roads last Spring to the Eastern States, shooting at every Indian they could see, a practice utterly abhorrent to all good people, yet, I regret to say, one that has been indulged in to a great extent by travelers to and from the Eastern States and California, hence the Indians regard all white men alike as their enemies, and kill and plunder whenever they can do so with impunity, and often the innocent suffer for the deeds of the guilty.
This has always been one of the greatest difficulties that I have had to contend with in the administration of Indian affairs in this Territory.
It is hard to make an Indian believe that the whites are their friends, and that the Great Father wishes to do them good, when perhaps the very next party which crosses their path shoots them down like wolves.
This trouble with the Indians only exists along the line of travel west, and beyond the influence of our settlements. The Shoshones are not hostile to travelers as far as they inhabit this Territory, except perhaps a few called "Snake Diggers," who inhabit, as before stated, along the line of travel west of the settlements.
There have, however, been more or less depredations the present season north, and more within the vicinity of the settlements, owing to the causes above mentioned, and I find it of the utmost difficulty to restrain them. The sound of war quickens the blood and nerves of an Indian. The reports that troops were wending their way to this Territory has also had its influence upon them. In one or two instances this was the reason assigned why they made the attack which they did upon some herds of cattle. They seemed to think that as it was to be war they might as well commence, and begin to lay in a supply of food while they had a chance.
If I am to have the direction of the Indian affairs of this Territory, and expected to maintain friendly relations with the Indians, there are a few things that I would most respectfully request to be done.
First - That travelers omit their infamous practice of shooting them down when they happen to see one. Whenever the citizens of this Territory travel the road they are in the habit of giving the Indians food, tobacco and a few other presents, and the Indians expect some such trifling favors, and they are emboldened by this practice to come up to the road with a view of receiving much presents. When, therefore, travelers from the States make their appearance, they show themselves in might with the same view, and when they are shot at and some of their numbers killed, as has frequently been the case, we cannot but expect them to wreak their vengeance upon the next train.
Secondly - That the Government should make more liberal appropriations to be expended in presents. I have proven that it is far cheaper to feed and clothe the Indians than to fight them. I find, moreover, that after all, when the fighting is over, it is always followed by extensive presents, which, if properly distributed in the first instance, might have averted the fight. In this case, then, the expenses of presents are the same, and it is true in nine-tenths of the oases that have happened.
Third - The troops must be kept away, for it is a prevalent fact that, wherever there are the most of these, we may expect to find the greatest amount of hostile Indians and the least security to persons and property.
If these items could be complied with I have no hesitation in saying that, so far as Utah is concerned, travelers could go to and from, pass and repass, and no Indian would disturb or molest them or their property.
In regard to my drafts, it appears that the department is indisposed to pay them, for what reason I am at a loss to conjecture.
I am aware that Congress separated the office of Superintendent of Indian Affairs from that of Governor; that the salary of Governor remained the same for his Gubernatorial duties, and that the Superintendent's was fifteen hundred. I do think that, inasmuch as I performed the duties of both offices, that I am entitled to the pay appropriated for it, and trust that you will so consider it.
I have drawn again for the expenditure of this present quarter as above met forth. Of course you will do as you please about paying, as you have with the drafts for the two last quarters.
The department has often manifested its approval of the management of the Indian affairs in this Superintendency, and never its disapproval.
Why, then, should I be subjected to much annoyance in regard to obtaining the funds for defraying its expenses? Why should I be denied my salary? Why should appropriations made for the benefit of the Indians of this Territory be retained in the Treasury, and individuals left unpaid?
These are questions I leave for you to answer at your leisure, and meanwhile submit to much course in relation thereto as you shall see fit to direct.
I have the honor to be, most respectfully,
Your obedient servant,
(Signed) BRIGHAM YOUNG.
Governor and Ex-Officio Superintendent of Indian Affairs, U. T.
Certified to by JAMES JACK, Notary Public of Utah Territory, at Salt Lake City, August 15th, 1878.
ABSTRACT FROM REPORT ON BRIGHAM YOUNG.
The following is an abstract from a letter under heading and date as follows:
OFFICE OF SUPT. OF INDIAN AFFAIRS,
G. S. L. CITY, U. T., January 6, 1858.}
HON. JAMES W. DENVER, Commissioner of Indian Affairs, Washington City, D. C.:
SIR: On or about the middle of last September a company of emigrants traveling the southern route to California, poisoned the meat of an ox that died, and gave it to the Indiana to eat, causing the immediate death of four of their tribe, and poisoning several others. This company also poisoned the water where they were encamped. This occurred at Corn Creek, fifteen miles south of Fillmore City. This conduct so enraged the Indians, that they Immediately took measures for revenge. I quote from a letter written to me by John D. Lee, farmer to the Indians in Iron and Washington counties. "About the 22d of September, Capt. Fancher & Co. fell victims to the Indians' wrath near Mountain Meadows. Their cattle and horses were shot down in every direction; their wagons and property mostly omitted to the flames. Lamentable as this case truly is, it is only the natural consequence of that fatal policy which treats the Indians like the wolves, or other ferocious beasts. I have vainly remonstrated for years with travelers against pursuing so suicidal a policy, and repeatedly advised the Government of its fatal tendency. It is not always upon the heads of the individuals who commit such crimes that such condign punishment is visited, but more frequently the next company that follows in their fatal path become the unsuspecting victims, though peradventure perfectly innocent. Of this character was the massacre of Capt. Gunnison and party in 1858. He was friendly and unsuspecting, but the emigrant company that immediately preceded him had committed a most flagrant act of injustice and murder upon the Indians, escaped unscathed, causing the savage feeling and vengeance which they had so wontonly provoked to be poured upon the head of the lamented Gunnison. Owing to these causes, the Indians upon the main traveled roads leading from this Territory to California have become quite hostile, so that it has become quite impossible for a company of emigrants to pass in safety. The citizens of the Territory have frequently compromised their own safety and other peaceful relations, by interfering in behalf of travelers; nor can they be expected to be otherwise than hostile, so long as the traveling community persist in the practice of indiscriminately shooting and poisoning them, as above set forth. In all other parts of the Territory, except along the north and south routes to California, as above mentioned, the Indians are quiet and peaceful. It is owing to the disturbed state of our Indian affairs that the accounts of this quarter have been so considerably augmented. It has always been my policy to conciliate the native tribes by making them presents and treating them kindly, considering it much more economical to feed and clothe them than to fight them. I have the satisfaction of knowing that this policy has been most eminently successful and advantageous, not only to the settlements, but to the Government, as well as to the emigrants and travelers. But the most uniform, judicious and humane course will sometimes fail in holding ignorant, wild and revengeful Indians by the wrist, to be indiscriminately murdered. We trust, henceforward, such scenes may not be re-enacted, and the existing bad feeling among the native tribes may become extinguished by a uniform, consistent, humane and conciliatory course of superior acts, by those who profess superior attainments.
Respectfully, I have the honor to remain your obedient servant,
BRIGHAM YOUNG,
Gov. and Supt. of Indian Affairs, U. T.Certified as correct by James Jack, Notary Public of Utah Territory, at Salt Lake City, August 15, 1876.
The following circular, issued by Brigham Young and Daniel H. Wells, was then read in evidence:
GREAT SALT LAKE CITY,
Sept. 14th, 1857.}
COL. WILLIAM H. DAME, Parowan, Iron County:
Herewith you will receive the Governor's proclamation declaring martial law.
You will probably not be called out this Fall, but are requested to continue to make ready for a big fight another year. The plan of operations is supposed to be about this. In case the United States Government should send out an overpowering force, we intend to desolate the Territory, and conceal our families, stock and all of our effects in the fastnesses of the mountains where they will be safe, while the men waylay our enemies, attack them from ambush, stampede their animals, take the supply trains, cut of detachments and parties sent to the canyons for wood, or on other service. To lay waste every thing that will burn-houses, fences, trees, fields and grass, so that they cannot find a particle of anything that will be of use to them, not even sticks to make a fire to cook their supplies. To waste away our enemies and lose none; that will be our mode of warfare. Thus you see the necessity of preparing first; secure places in the mountains where they cannot find us, or if they do, where they cannot approach in force, and then prepare for our families, building some cabins, caching flour and grain. Flour should be ground in the latter part of the Winter, or early in the Spring to keep. Sow grain in your fields as early as possible this Fall, so the harvest of another year may come off before they have time to get here. Conciliate the Indians and make them our fast friends.
In regard to letting the people pass or repass, or travel through the Territory, this applies to all strangers and suspected persons. Yourself and Brother Isaac C. Haight, in your district, are authorized to give such permits. Examine all such persons before giving to them permits to pass. Keep things perfectly quiet, and let all things be done peacefully, but with firmness, and let there be no excitement. Let the people be united in their feelings and faith, as well as works, and keep alive the spirit of the reformation. And what we said in regard to saying the grain and provisions we say again, let there be no waste. Save life always when it is possible. We do not wish to shed a drop of blood if it can be avoided.
This course will give us great influence abroad.
(Signed)
{ BRIGHAM YOUNG.
DANIEL H. WELLS.
Certified to under seal, by James Jack, Notary Public, August 16th, 1876.
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