Those concerned in the massacre had pledged themselves by the most solemn oaths to stand by each other, and ever to insist that the deed was done entirely by Indians. For several months this was the accepted theory, but when it became known that some of the children had been spared, suspicion at once pointed elsewhere, for among all the murders committed by the Utes, there was not a single instance of their having shown any such mercy. Moreover, it was ascertained that an armed party of Mormons had left Cedar City, and had returned with spoil, and that the savages complained of having been unfairly treated in the division of the booty.
It is claimed that when John D. Lee discovered that the United States authorities suspected him as being the principal actor in the awful tragedy, he left the valley of the Great Salt Lake, and hid himself in one of the cañons of the Colorado,[22] where he remained for years suffering that terrible anxiety which comes to all fugitives from justice, sooner or later, and which is said by those who have experienced it to be absolutely unbearable.
In 1874, under the provisions of what is legally known as the “Poland Bill,” whereby the better administration of justice was subserved, the Grand Jury was instructed to investigate the Mountain Meadows Massacre, and find bills of indictment against John D. Lee, William H. Dame, Isaac C. Haight, and others. Warrants were issued for their arrest, and after a vigorous search Lee and Dame were captured, Lee having been discovered in a hog-pen at a small settlement on the Sevier River.
On the 23d of July, 1875, the trial was begun, at Beaver City, in Southern Utah. Much delay ensued, however, by the absence of witnesses, and by the fact that Lee had promised to make a full confession, and turn state's evidence. His statement was not accepted by the court, and the case was brought to trial on the 23d of July, with the expected result, that the jury, eight of whom were Mormons, failed to agree.
Lee was then tried a second time, and it was proved that the Mormon Church had nothing to do with the massacre; that Lee, in fact, had acted in direct opposition to the officers of the Church. It was shown that he was a villain and a murderer of the deepest dye; that with his own hands, after inducing the emigrants to surrender and give up their arms, he had shot two women and brained a third with the butt-end of his musket, and had cut the throat of a wounded man whom he had dragged from one of the wagons; that he had gathered the property of the emigrants and disposed of it for his own benefit. It was further proved that Lee shot two or three of the wounded, and that when two girls, who had been hiding in the brush, were brought into his presence by an Indian after the massacre, the latter asked what was to be done with them, to which Lee replied, “They are too old to be spared.” “They are too pretty to be killed,” answered the chief. “Such are my orders,” said Lee, whereupon the Indian shot one, and Lee, dragging the other to the ground, cut her throat.
Lee was convicted of murder in the first degree, and, having been allowed to select his own method of execution, was sentenced to be shot. The case was appealed to the supreme court of the territory, but the judgment was sustained, and it was ordered that the sentence be carried into effect on the 23d of March, 1877. The others who had been tried were discharged from custody.
A short time before his execution Lee made a confession in which he attempted to palliate his guilt by throwing the burden of the crime on his accomplices, especially on Haight and Higbee, and to show that the massacre was committed by order of Brigham Young and the High Council, all of which was absolutely false.
On the 13th of March he wrote:
I feel as composed and as calm as a summer morning. I hope
to meet my fate with manly courage. I declare my innocence.
I have done nothing designedly wrong in that unfortunate and
lamentable affair with which I have been implicated. I used
my utmost endeavours to save them from their sad fate.
I freely would have given worlds, were they at my command,
to have averted that evil. Death to me has no terror. It is
but a struggle, and all is over. I know that I have a reward
in heaven, and my conscience does not accuse me.
Ten days later he was led to execution at the Mountain Meadows. Over that spot the curse of the Almighty seemed to have fallen. The luxuriant herbage that had clothed it twenty years before had disappeared; the springs were dry and wasted, and now there was neither grass nor any green thing, save here and there a copse of sage-brush or scrub-oak, that served but to make its desolation still more desolate. It is said that the phantoms of the murdered emigrants still flit around the cairn that marks their grave, and nightly reënact in ghastly pantomime the scene of this hideous tragedy.
About ten o'clock on the morning of the 23d a party of armed men, alighting from their wagons, approached the site of the massacre. Among them were the United States marshal, William Nelson, the district attorney, a military guard, and a score of private citizens. In their midst was John Doyle Lee. Blankets were placed over the wheels of one of the wagons, to serve as a screen for the firing party. Some rough boards were then nailed together in the shape of a coffin, which was placed near the edge of the cairn, and upon it Lee took his seat until the preparations were completed. The marshal now read the order of the court, and, turning to the prisoner, said, “Mr. Lee, if you have anything to say before the order of the court is carried into effect you can do so now.”