Series 24291

District Court (Second District) Criminal case files, 1855-1895.

2.90 cubic feet and 4 microfilm reels

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

See history of the records' creator.

Summary of Records

These case files document criminal cases handled in the Territorial Second District Court in Beaver County.

Scope and Content

Case files document criminal cases as they proceed through the court system and subsequently become the official files of individual cases. Recurrent criminal offenses include theft, larceny, perjury, forgery, libel, mayhem, kidnapping, murder, assault, contempt, unlawful cohabitation, etc. A criminal case is initiated with a complaint, indictment, or arrest warrant. Individual case files may include petitions to the court, complaints, warrants of execution and confinement, warrant of death, notices of appeal, subpoenas, attachments, affidavits, trial evidence, remittitur, jury lists and memorandum of costs. Case 31 is the John D. Lee trial concerning his involvement in the 1857 Mountain Meadows Massacre.

Research Note

Gaps in holdings are numerous and the numbering is inconsistent throughout.
The vast majority of the cases involving polygamy and related charges have been removed and are located at The National Archives, Rocky Mountain Region, located in Denver, Colorado.

Arrangement

Additional Forms

This series is available on microfilm.
This series is available online as part of the Utah State Archives Digital Archives.
Copies of these records are located at Familysearch.org View Online.

Access Restrictions

This series is classified as Public.

Use Restrictions

These records are available for reproduction and use.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Acquisition Information

These records were acquired from the creating agency through established retention schedules.

Processing Information

Box 5 was archivally processed by Curt Kelley in May of 2018.  These files have not been microfilmed and have been added to the end of the series as all other records have been microfilmed.

Related Material

Minute books from the District Court (Second District), Series 5319, elaborate on the proceedings of these cases.
Final case records from the District Court (Second District), Series 24071, document findings of cases heard by the grand jury in the Territorial Second District Court.
Criminal registers of actions from the District Court (Second District), Series 24346, contain a chronological list of documents filed and fees paid related to these case files.
Criminal case index from the District Court (Second District), Series 24553, provides the case number and the corresponding page number in the register of actions for criminal cases heard in the Territorial Second District Court.
Criminal docket from the District Court (Second District), Series 27472, contains the criminal case files cited in this series.
Bar dockets from the District Court (Second District), Series 27474, may contain the criminal case files cited in these docket books.

Container List

ReelBoxDescription
111-585
21586-611
22612-702
32705-781
43782-964
ReelBoxFolderCaseDescription
441311874 Sep 21; Grand jury subpoena to John Wilden, F. Wilden, Elliott Wilden, James Whittaker, T. Willis, Robert Keyes, and Isabel Bennett
442311874 Sep 24; Grand jury indictment against William H. Dame, Isaac C. Haight, John D. Lee, John M. Higby, George Adair Jr., Elliott Wilden, Samuel Jukes, Phillip K. Smith, and William C. Stewart
443311874 Oct 3; Grand jury subpoena to George Winslow, Mrs. Goff, Mrs. Smith, Mrs. Willis, G.W. Crouch, and William Thompson Sr.
444311874 Dec 5; November 20, 1874 subpoena to William Young and John Mangum
445311875 Apr 2; March 1, 1875 subpoena to William Lancy
446311875 Apr 2; March 2, 1875 subpoena to Isaac Haight, John M. Higby, Daniel McFarlane, John McFarlane, William C. Stewart, George W. Adair Jr., Elliott Wilden, and Ira Hatch
447311875 Apr 2; March 2, 1875 subpoena to John Willis, J. Freeman, A. Kirby, Henderson, and James A. Earl
448311875 Apr 2; March 20, 1875 subpoena to Emeline Clark, Mrs. Hamilton, Martin Slack, and Jacob Hamblin
449311875 Apr 2; March 20, 1875 subpoena to John Hamilton Jr., T.J. Clark, J.W. Freeman, and William Young
4410311875 Apr 2; March 20, 1875 subpoena to Samuel Willis, Samuel Pollock, Bishop Henry Sant, and John Hamilton Sr.
4411311875 Jul 14; Defendant's requests for subpoenas
4412311875 Jul 21; John D. Lee's plea to indictment
4413311875 Jul 21; Demurrer to first and second pleas of defendant Lee
4414311875 Jul 21; Replication to third plea of defendant Lee
4415311875 Jul 21; Journal entry for September 24, 1874
4416311875 Jul 22; Rejoinder of John D. Lee to the replication of the said people to the third plea in abatement filed by said defendant
4417311875 Jul 22; Challenge to the array of petit jurors
4418311875 Jul 28; Telegraph to court from W. Anderson (Brigham Young's physician) and George C. Bates
4419311875 Jul 28; Motion not to prosecute further
4420311875 Aug 2; July 28, 1875 notice of taking deposition
4421311875 Aug 2; July 28, 1875 physician's certificate of W. Anderson
4422311875 Aug 2; July 28, 1875 deposition of George A. Smith
4423311875 Aug 2; July 30, 1875 deposition of Brigham Young
4424311875 Aug 6; July 23, 1875 subpoena to Teresa Phelps and Robert Bridger
4425311875 Aug 6; July 31, 1875 subpoena to Joseph Betenson Sr., Robert Thimbleby, E.W. Thompson and Mrs. E.W. Thompson
4426311875 Aug 7; Prosecution's jury instructions
4427311875 Aug 7; Defendant's jury instructions (given)
4428311875 Aug 7; Defendant's jury instructions (refused)
4429311875 Aug 9; Prosecution's request for subpoena
4430311875 Sep 10; August 9, 1875 subpoena to Ezra Curtis, Samuel Pollock, William Young, Willis Young, William Mathews, James Mangum, Barney Carter, James Lewis, Beson Lewis, and William Slade
4431311875 Sep 20; August 9, 1875 subpoena to Edward Dalton and Mrs. F.M. Stark
4432311876 May 16; April 15, 1876 subpoena to William Bradshaw, Robert Kershon, E.C. Mathews, James Pearce, E.W. Thompson and John McFarlane
4433311876 May 16; April 15, 1876 subpoena to Frank Kane, William Roberts, Isaac Riddle, and John Hamilton
4434311876 May 16; April 15, 1876 subpoena to Phillip Klingensmith, Joel M. White, Ann Eliza Hoge, Thomas Willis, John H. Willis, William Mathews, Samuel Pollock, and John Sherratt
4435311876 Sep 4; July 27, 1876 subpoena to Daniel Page
4436311876 Sep 9; Subpoena to Darius Shirts
4437311876 Sep 20; Copy of September 12, 1857 letter from Brigham Young as Governor and ex-officio Superintendent of Indian Affairs to James W. Denver, Commissioner of Indian Affairs
4438311876 Sep 20; Copy of extract of January 6, 1858 letter from Brigham Young as Governor and Superintendent of Indian Affairs to James W. Denver, Commissioner of Indian Affairs
4439311876 Sep 20; Copy of Governor's Proclamation dated originally issued September 15, 1857
4440311876 Sep 20; July 30, 1875 deposition of Brigham Young (same as that filed on August 2, 1875)
4441311876 Sep 20; July 30, 1875 deposition of George A. Smith (same as that filed on August 2, 1875)
4442311876 Sep 20; Copy of September 14, 1857 letter from Brigham Young and Daniel Wells to William H. Dame
4443311876 Sep 20; Prosecution's instructions to the jury
4444311876 Sep 20; Jury verdict
4445311876 Sep 21; Receipt for papers
4446311876 Sep 28; Bill of exceptions of John D. Lee
4447311876 Oct 4; September 14, 1876 subpoena to Richard Robinson and Philo Farnsworth
4448311876 Oct 4; September 15, 1876 subpoena to Samuel Wood and Robert Pollock
4449311876 Oct 5; August 15, 1876 subpoena to Elizabeth Hogh and Jonathan Pugmire
4450311876 Oct 6; Charge of the court to the jury
4451311876 Oct 10; Journal entry for judgment and sentence
4452311876 Oct 14; Notice of appeal
4453311876 Dec 20; Copy of November 20, 1857 letter from John D. Lee to Brigham Young, Superintendent of Indian Affairs
4454311877 Jan 3; John D. Lee order of commitment
4455311877 Jan 13; August 21, 1876 subpoena to James Pearce, C. Shirts, and Nephi Johnson
4456311877 Jan 13; September 11, 1876 John D. Lee order of commitment
4457311877 Feb 6; August 21, 1876 subpoena to Joel M. White, John Thomas, E. Landers, Mrs. E. Landers, and Dan Cook
4458311877 Feb 6; August 14, 1876 subpoena to Philip Klingensmith, Philo Carter, Peter Riggs, H. Kempton, and Gilbert Moss
4459311877 Feb 23; Supreme Court remittitur
4460311877 Feb 27; Fragment of Supreme Court minute entry
4461311877 Apr 23; Transcript and order fixing day of execution and return on order of execution on April 24, 1877
446231 Document title sheet "documentary evidence"
446331 Fragment jury instruction
446431 Signature list
4465311875 Apr 7; Grand jury subpoena to M. Young, Henry Young, and Brigham Young
BoxFolderDescription
51 People vs Harris Beaver County; 1881
52 People vs Johnson Beaver County; 1881
53 People vs Reese Beaver County; 1881
54 People vs Edmonds Iron County; 1879
55 People vs McCarty Iron County; 1879
56 Commitmentof Charles Penney Iron County; 1880
57 People vs Barton Iron County; 1881-
58 People vs George Iron County; 1881
59 People vs Tait Iron County; 1884
510 Commitment of George Hanks Iron County; 1886
511 People vs Goddard Iron County; 1889
512 People vs Dennis Iron County; 1890
513 People vs Multiple Iron County; 1890