Further investigations, cut short by the American Civil War in 1861,[25] again proceeded in 1871 when prosecutors obtained the affidavit of militia member Phillip Klingensmith. Klingensmith had been a bishop and blacksmith from Cedar City; by the 1870s, however, he had left the church and moved to Nevada.[26]
During the 1870s Lee,[27] Dame, Philip Klingensmith and two others (Ellott Willden and George Adair, Jr.) were indicted and arrested while warrants were obtained to pursue the arrests of four others (Haight, Higbee, William C. Stewart and Samuel Jukes) who had gone into hiding. Klingensmith escaped prosecution by agreeing to testify.[28] Brigham Young removed some participants including Haight and Lee from the LDS church in 1870. The U.S. posted bounties of $500 each for the capture of Haight, Higbee and Stewart, while prosecutors chose not to pursue their cases against Dame, Willden and Adair.
Lee's first trial began on July 23, 1875 in Beaver, before a jury of eight Mormons and four non-Mormons.[29] This trial led to a hung jury on August 5, 1875. Lee's second trial began September 13, 1876, before an all-Mormon jury. The prosecution called Daniel Wells, Laban Morrill, Joel White, Samuel Knight, Samuel McMurdy, Nephi Johnson, and Jacob Hamblin.[30] Lee also stipulated, against advice of counsel, that the prosecution be allowed to re-use the depositions of Young and Smith from the previous trial.[31] Lee called no witnesses in his defense.[32] This time, Lee was convicted.
At his sentencing, as required by Utah Territory statute, he was given the option of being hanged, shot, or beheaded, and he chose to be shot.[33] In 1877, before being executed by firing squad at Mountain Meadows, a fate Young believed just, but not a sufficient blood atonement, given the enormity of the crime.[34] Lee professed that he was a scapegoat for others involved.[35]
The scene at Lee's execution. Lee is seated, next to his coffin.
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