Both Knight and McMurphy testified that they took their teams to Mountain Meadows under compulsion. Nephi Johnson, another participant, when asked whether he acted under compulsion, replied, "I didn't consider it safe for me to object," and when compelled to answer the question whether any person had ever been injured for not obeying such orders, he replied, "Yes, sir, they had."
Some letters published in the Corinne (Utah) Reporter, in the early seventies, signed "Argus," directly accused Young of responsibility for this massacre. Stenhouse discovered that the author had been for thirty years a Mormon, a high priest in the church, a holder of responsible civil positions in the territory, and he assured Stenhouse that "before a federal court of justice, where he could be protected, he was prepared to give the evidence of all that he asserted." "Argus" declared that when the Arkansans set out southward from the Jordan, a courier preceded them carrying Young's orders for non-intercourse; that they were directed to go around Parowan because it was feared that the military preparations at that place, Colonel Dame's headquarters, might arouse their suspicion; and he points out that the troops who killed the emigrants were called out and prepared for field operations, just as the territorial law directed, and were subject to the orders of Young, their commander-in-chief.
Not until the so-called Poland Bill of 1874 became a law was any one connected with the Mountain Meadows Massacre even indicted. Then the grand jury, under direction of Judge Boreman, of the Second Judicial District of Utah, found indictments against Lee, Dame, Haight, Higbee, Klingensmith, and others. Lee, who had remained hidden for some years in the canyon of the Colorado,* was reported to be in south Utah at the time, and Deputy United States Marshal Stokes, to whom the warrant for his arrest was given, set out to find him. Stokes was told that Lee had gone back to his hiding-place, but one of his assistants located the accused in the town of Panguitch, and there they found him concealed in a log pen near a house. His trial began at Beaver, on July 12, 1875. The first jury to try his case disagreed, after being out three days, eight Mormons and the Gentile foreman voting for acquittal, and three Gentiles for conviction. The second trial, which took place at Beaver, in September, 1876, resulted in a verdict of "guilty of murder in the first degree." Beadle says of the interest which the church then took in his conviction: "Daniel H. Wells went to Beaver, furnished some new evidence, coached the witnesses, attended to the spiritual wants of the jury, and Lee was convicted. He could not raise the money ($1000) necessary to appeal to the Supreme Court of the United States, although he solicited it by subscription from wealthy leading Mormons for several days under guard."**
* Inman's "Great Salt Lake Trail," p. 141
** "Polygamy," p. 507.
Criminals in Utah convicted of a capital crime were shot, and this was Lee's fate. It was decided that the execution should take place at the scene of the massacre, and there the sentence of the court was carried out on March 23, 1877. The coffin was made of rough pine boards after the arrival of the prisoner, and while he sat looking at the workmen a short distance away. When all the arrangements were completed, the marshal read the order of the court and gave Lee an opportunity to speak. A photographer being ready to take a picture of the scene, Lee asked that a copy of the photograph be given to each of three of his wives, naming them. He then stood up, having been seated on his coffin, and spoke quietly for some time. He said that he was sacrificed to satisfy the feelings of others; that he died "a true believer in the Gospel of Jesus Christ," but did not believe everything then taught by Brigham Young. He asserted that he "did nothing designedly wrong in this unfortunate affair," but did everything in his power to save the emigrants. Five executioners then stepped forward, and, when their rifles exploded, Lee fell dead on his coffin.
Major (afterward General) Carlton, returning from California in 1859, where he had escorted a paymaster, passed through Mountain Meadows, and, finding many bones of the victims still scattered around, gathered them, and erected over them a cairn of stones, on one of which he had engraved the words: "Here lie the bones of 120 men, women, and children from Arkansas, murdered on the 10th day of September, 1857." In the centre of the cairn was placed a beam, some fifteen feet high, with a cross-tree, on which was painted: "Vengeance is mine, saith the Lord, and I will repay it." It was said that this was removed by order of Brigham Young.*
* "Humiliating as it is to confess, in the 42d Congress there
were gentlemen to be found in the committees of the House and in
the Senate who were bold enough to declare their opposition to all
investigation. One who had a national reputation during the war, from
Bunker Hill to New Orleans, was not ashamed to say to those who sought
the legislation that was necessary to make investigation possible, that
it was 'too late.'" "Rocky Mountain Saints," p. 456.