The trial came on. At immense trouble and expense the prosecution had obtained evidence sufficient to convict. Every impediment which Mormon ingenuity could devise was thrown in the way to obstruct, mislead, and even intimidate the officers of the law. When our children write history no men will receive greater credit than the pioneer Gen tile Judges, lawyers, and United States Marshals of Utah. At the proper time a list of the names of the jurymen who had been drawn was submitted to Lee and his attorneys by the Church authorities. A Church Council had previously taken this list and marked the names of such jurors as they knew could be trusted with an oblique cross (x This practice is said to be common in lawsuits where Mormon and Gentile interests are at issue! Of course Lee accepted as many of the designated jurymen as possible. Half the re cult of that first trial is known; it is, the jury disagreed. The vital half, however, is, that the Marshals and witnesses, the able attorneys for the prosecution, and most of all, the press of America, fastened the crime so conclusively upon Lee, Haight, Higbee, Dame, White, Stewart and those far greater than these — that the Mormon leaders concluded some one must be sacrificed to save the church.
