Territory of Utah. Beaver County} ss. In the District Court for the Second Judicial District of Utah Territory July Term—AD1875— The People of the United States In the Territory of Utah.} John D. Lee. Indicted with William H. Dame. Isaac C. Haight John M. Higby. George Adair Junior. Ellott Wilden. Samuel Jukes. Philip K. Smith. and William C. Stewart.~ Plea to Indictment And the said John D. Lee in his own proper person comes into Court here and having heard the said Indictment read saith, that he aught not to answer, or to be tried upon the said Indictment for the reason that the persons acting as <a> Grand Jury by whom the said Indictment was found, were not at the time of finding the said Indictment or at any other time a legal Grand Jury because he sayd, that heretofore “to wait” on the Eleventh day of August AD 1874, the Hon. Jacob. S. Boreman Judge of the District Court for the second Judicial District within and for the Territory of Utah, by public notice by him the said Judge then and there given ordered, that on the 18th day of August AD1874, there be drawn in the manner prescribed by law—from the Jury list of two hundred names, prepared by the clerk of the said District Court, and the Probate Judge of the said county of Beaver, the names of twenty three persons to serve as Grand Jurors; at the next term of the said District Court for the second judicial District of Utah—to be begun and held at said Beaver City, on Monday the 7th day of September then next ensuing and that afterwards to wit, on the said 18th say of August AD1874, in pursuance of said order and notice, there was drawn to serve as a grand Jury, for said term the names of twenty three person s to serve on said <Grand> Jury, at said September Term of said Court. The twenty two of said twenty three persons, drawn as aforesaid to serve as said grand Jurors, were summoned to appear and serve as such, and each and all of them personally appeared in pursuance of said summons, and the first day of said September Term, of said Court to serve as such Grand Jurors—at which time to wit: at the opening of said term, of said Court, there was empanneled and sworn twelve of said twenty two Grand Jurors so drawn, together with three others then drawn to be summoned and who were summoned to serve as such Grand Jurors, to constitute the Grand Jury of the said term—and the Grand Jury of the said Term was so constituted and not otherwise—That such Grand Jury and said persons so drawn empanneled and sworn, acting as such Grand Jury, <so> constituted as foresaid and not otherwise—found said Indictment and the said Indictment was not found otherwise—that this defendant was not under arrest, nor had he given bail to appear, at said September Term to answer to said accusation contained in said Indictment nor any other offense—prior to the finding of said Indictment—and this the said John D Lee is ready to verify, wherefor for the want of a sufficient Indictment in this behalf—the said John D Lee prays judgment that the said Indictment may, be quashed, and that by the Court he may be dismissed and discharged from the said premises in the said Indictment specifies— And the said John D. Lee for a further separate plea in this behalf says that he ought not to answer or be tried upon the said Indictment for the reason that the persons acting as a Grand Jury, by whom the said Indictment was found was not a legal Grand Jury, because he says that pursuant to the order, direction and notice of the Judge of the Second Judicial District Court of Utah Territory, the names of twenty three persons were drawn for Grand Jurors, to serve at the september Term—in 1874 of this court. That twenty two of the persons whose names were so drawn were summoned to appear and serve as such Grand Jurors—At said Term of this Court on the first day of the September Term—to wit on the 7th day of September AD 1874. That among the persons whose names were so drawn, summoned, and appearing were Ira Elmer, Sylvester C Hulett William E. Jones, Louis R. Chaffin Lorenzo Brown, William C. McGrggor Jacob Gates and William T. Porter—who were respectively on the 18th day of august 1874, when the names of the twenty three persons were drawn to serve as Grand Jurors, as aforesaid and each of them was a citizen of the United States over twenty one years of age of reputed sound mind and discretion, that neither of them had been convicted of any capital or infamous crime—nor were they on either of them so disabled in body as to be unable to serve either when they were severally listed and drawn, or when they appeared as foresaid That each and every of them resides in the Second Judicial District of Utah Territory for more than six months next preceding the time they were listed as Jurors and still continue there to reside That they then, and each of them ever since, has owned property and paid taxes in this Territory—That they were, and each of them was able to read and write in the English language and did not belong to the military of the United States, nor were they or either of them subject to the military authority of the United States—and at the time of the drawing of said Jurors, and their appearance in Court as aforesaid, neither the said Ira. Elmer. Sylvester C. Hulett, William E. Jones, Louis R Chaffin, Lorenzo Brown, William C. MGregor. Jacob. Gates, or William T. Porter, who exempt or entitled to be excused from serving on Juries, nor were they or either of them subject to be challenged, set aside, or discharged from serving on said Grand Jury, for any legal cause. That said Ira Elmer. Sylvester C. Hulett, William E. Jones, Louis R. Chaffin, Lorenzo Brown William C. McGregor Jacob Gates and William T Porter, were, and each of them was on the seventh day of September AD1874—on motion of D.P. Whedon Eqp Attorney at Law, set aside and discharged by the Court from Serving as Grand Jurors at said September term of this Court, That thereupon during said September Term of said Court, without any necessity therefor and contrary to law another person to wit: James Warby <together with two others> were drawn to serve as Grand Juror. that they were summoned empanneled and sworn as a Jurors of the Grand Jury of said September Term. That the Grand jury of said term so constituted and not otherwise, found said Indictment, and the same was not found otherwise. That this Defendant was not under arrest, nor had he given bail to appear at said September Term, to answer to said accusation contained in said Indictment nor any other offense prior to the finding of the said Indictment. and this the said John D. Lee is ready to verify. Wherefore he prays Judgment of the said Indictment, and that the same may be quashed, and that by the Court he be dismissed and discharged from the said premises in the said Indictment specified— And the said John D Lee in his own proper person after hearing <read> the said indictment for a further plea, in this behalf, says: that he ought not to answer to or be tried on the said indictment, because he says that said indictment is not a legal indictment <in this court,> that it has not been presented to this or any other Court by any grand jury; and this the said John D. Lee is ready to verify. wherefore he prays judgment of the said indictment, and that the same may be quashed.