Salt Lake City: Tribune Printing Company, Publishers, 1875. 64pp. Original green pictorial wrappers. Two short closed tears in foredge of front wrapper expertly mended, backstrip expertly replaced in matching green paper. Interior quite clean and fresh. A very good copy. Item #WRCAM55431
An uncommon pamphlet from the press of the anti-Mormon SALT LAKE DAILY TRIBUNE summarizing the events of the Mountain Meadows Massacre and calling out for justice after the first trial of John D. Lee had ended in a hung jury. It took twenty years to achieve some measure of justice for the murder of nearly 140 men, women, and children who were massacred while passing through Utah in 1857 in a wagon train heading west. In 1874 Lee, a high- ranking member of the Mormon Church was arrested and charged with leading the massacre, allegedly carried out by armed Mormons and Native American allies. The jury in the first trial included eight Mormons and failed to reach a verdict. On his second trial Lee was found guilty and sentenced to be executed by firing squad at the scene of the massacre. The Preface states, "[t]he Tribune Printing Company has been induced to issue this pamphlet edition of the Lee Trial to satisfy the demand which their Daily and Weekly issue was unable to meet....Philip Klingensmith and Joel White, both participants in the butchery, were the principal witnesses...all who heard their testimony could not fail to be impressed with its truth....The result of the trial, as shown by the unanimous verdict of the entire newspaper press of the United States, has been to clearly establish the fact that the Arkansas emigrant company, numbering about one hundred and thirty souls, were butchered by the Iron County regiment of the Mormon militia....John D. Lee being placed upon trial, of course, the object of the prosecution was to produce testimony to convict the prisoner. This the reader of the following pages will admit was unquestionably accomplished; but the jury being composed two-thirds of Mormons, who are bound by their oaths in the Endowment House, not to aid the prosecution of a brother Saint in any Gentile Court, the testimony was not allowed to have any weight in their minds, and the result of the trial was a disagreement of the jury. If the laws are to be executed in Utah and high crimes punished, the Act of 1874 [Poland Act] must be amended as to admit of a jury being impaneled who will find a verdict according to the law and the testimony, without regard to any secret religious oaths." The pamphlet sets forth the following elements of the trial: Lee's testimony, which many regarded as a confession; District Attorney William Carey's opening address; excerpts and summaries from the testimony of Philip Klingensmith and Joel White (who avoided prosecution by testifying against Lee), along with many others; a summary of the defense's case (which allowed that Lee was present, but insisted he was not part of the attack); summaries of the defense's witness testimonies; depositions from Brigham Young and George A. Smith (which were not admitted as testimony until Lee's second trial); Judge Jacob Boreman's expansive charge to the jury; and closing arguments. Before the jury decision, the anonymous reporter ominously notes: "Counsel appealed to the jury to cast aside prejudice and find a verdict according to testimony. But he did not expect a verdict. There were some Mormons on the jury, and he knew by former experience with juries, that every man who has been through that sink of impurity, the Endowment House, and wears the Endowment garments, has left his individuality and his manhood behind him. He did not expect such men to perform the honest duty of freemen and find a verdict according to their best judgment." The final section includes a sampling of opinions from newspapers across the country, all united in their condemnation of the hung jury and the existing legal system in Utah. We are aware of no other copy in the market since 1973, and this is the first time we have handled this title. FLAKE 4844. BIBLIOTHICA SCALLAWAGIANA 126. HOWES L208a, "aa." GRAFF 2446. McDADE 594.