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CHAPTER XX.
ARREST OF JOHN D. LEE BY WM. STROKES, DEPUTY UNITED STATES
MARSHAL.WISHING to give a correct account of the arrest of John D. Lee, by William Stokes, Deputy United States Marshal for the District of Utah, I wrote a letter to Mr. Stokes, on the 28th day of March, 1877, asking him to give the full facts, as many contradictory statements relating thereto had been in general circulation. The following letter was written by Mr. Stokes, and I know from the general character of the writer that the same is true in every particular. I give the letter in the language of the writer. It explains itself:
UNITED STATES MARSHAL'S OFFICE, DISTRICT OF UTAH,
BEAVER CITY, UTAH, April 1st, 1877.WM. W. BISHOP, Pioche, Nevada:
My Dear Sir: Yours of the 28th of March at hand and contents noted. As requested, I send you all the facts of the arrest of John D. Lee, from the time the warrants were placed in my hands until I arrested him and brought him to Beaver City. I tell it in my own way, and you can use it as you see proper.
About the first of October, 1874, warrants were placed in my hands for the arrest of Lee, Haight, Higbee, Stewart, Wilden, Adair, Klingensmith and Jukes (the warrant for the arrest of Dame not being placed in my hands at that time.) I received instructions from General George R. Maxwell, United States Marshal for the District of Utah, that Lee was the most important one of all those indicted, and that he wanted him arrested first, if possible, but that it was a dangerous undertaking, for he was satisfied by what he could learn that he would never be taken alive. He wanted me to take him alive, if possible, but not at too great a risk; that he did not want to give me any plan of operations or particular instructions how to act, as he believed that I knew more about that kind of business than he did, and that he did not wish to give any officer under him any plans when he was sure, as he was in this case, that it would belaying a plan to have one of his own officers killed.
I took the case in hand, thinking at that time that I would have to go to Lee's place on the Colorado River. I was arranging for that trip.
On the 28th day of October, 1874, I started south from Beaver City, to summon jurors for the November term of the District Court for the Second Judicial District of Utah Territory, to be held at Beaver City. I also intended to procure a guide, if I could do so, and go to the Colorado River to make the arrest.
When I reached Parowan I learned that it was currently reported that Lee had come from the Colorado River, and was then in the southern counties of Utah. He was supposed to be at Harmony, because it was known that he had some accounts due him there, which he was then probably collecting, in the shape of provisions, to take back with him to the river.
I at once started on again, on my way south, determined to attempt to arrest him at Harmony, and to do so alone, for I did not know where reliable aid could be had. I considered there was no time to loge, and that I was taking no more chances to attempt the arrest alone than I would be taking if I found him at the Colorado River, at his stronghold, even if backed by a strong force.
On my way I met Thomas Winn. I told him what I was intending to do. I told him I was going to arrest Lee. Winn said he considered it almost madness, as it was reported that several of Lee's eons were with him, and all well armed. He kindly volunteered to go with me and take even chances.
We finally decided that he should go to Iron City and get help, as there were then several men there that we could depend on. He was to get these men and be at Harmony by daylight on the morning of the 30th of October. I was to go to Harmony and get there soon after dark the night of the 29th of October, and make the arrest, if I thought I could do so and get away in safety in the cover of the night. If not, I was to find out where he was, and wait for assistance.
When I got to Hamilton's Fort, eight miles south of Cedar City, I learned that Lee had left Harmony and gone back to the Colorado River, by the way of Toquerville, and was then several days ahead of me. I then sent a boy out on the Iron City road to stop Winn and send him back.
I proceeded on my way and summoned my jurors. I could hear nothing of Lee in the southern country. On my way back I stopped at Thomas Winn's house, and got him to go over on the Sevier River, to see if Lee had not gone by the way of Panguitch, and stopped there to lay in more supplies.
Winn started on the 5th day of November, and took Franklin R. Fish with him. They pretended to be looking for stock. They were to report to me at Parowan, on the night of the 7th of November. I returned to Beaver City, and made my returns.
On the morning of November 7th, I started for Parowan to meet my men, Winn and Fish.
That same day Brigham Young went from Beaver to Parowan. He passed me near the Buck Horn Springs. I have no doubt but that he thought I was there to assassinate him, for he had four of the best fighting men of Beaver City with him as a guard. They were armed with Henry rifles, and as they came up to me, the guard rode between me and their beloved Prophet's carriage; but they had no reason for alarm. Brigham Young was not the man that I was after at that time.
I met Winn and Fish at Red Creek. As they were coming out of Little Creek Canyon, Winn remarked:
"Your man is there!"
I was very much surprised, as I had but little hope of finding Lee nearer than the Colorado River, but I found he was at the town of Panguitch, and was liable to leave at any time.
As the men had found that Lee had made every thing ready for a start, we rode on to Parowan, where I arranged my plan of action. Fish was to go back over the mountains to Panguitch that night, with instructions to come out and meet us, in case Lee should start away from Panguitch; otherwise he was to remain there and have Lee located, so that he could guide us to where he was, when we should arrive the next morning. I was to start back toward Beaver City on Sunday morning, the 8th day of November. I was to go on in that way until I had passed Red Creek settlement, and then go up Little Creek Canyon. The others who were to go as my assistants, were Thomas Winn, Thomas LaFever, Samuel G. Rodgers and David Evans, (Franklin U. Fish having gone the night before.) They were to go into the mountains in different places, and all to meet near Thompson's Mill on Little Creek.
We followed this plan, and met at the mill. We then went over the mountains towards Panguitch.
WILLIAM STOKES.
(The Dep'y U. S. Marshall who arrested Lee.)The snow on the way would average fully two feet in depth, and the night was very cold. We stopped at a place about three miles from Fanguitch for the night. I then sent David Evans into Panguitch to see Franklin B. Fish, and find out it all was right, and then he was to report to us before daylight next morning, when we got near the town. Long before daylight we saddled our horses and started on, for the night was bitter cold. We had no blankets with us, and dared not build much fire, for fear it would alarm Lee and notify him or his friends that we were there. We reached the place where David Evans was to meet us, some time before daylight; he was not there. We waited until after the sun was up, but still Evans did not come. Then thinking that my plans had been found out in some way, and that my two men, Fish and Evans, were captured, and more than likely blood atoned, I concluded to act quickly and effectually.
We mounted our horses and dashed into the town at full speed. We found Evans, and learned that Fish had not been able to locate Lee, but knew that he was in town. I then ordered my men to go to different parts of the town, and to keep a good look-out, and not to let any wagon go out of town until they had searched the wagon. I enquired of the citizens about Lee, but could learn nothing from them about him. Some said they never knew him, others that they never heard of such a man, had not even heard the name. The citizens soon came crowding around in disagreeable numbers. I saw I must resort to strategy, or I and my friends were in danger; so in order to disperse the crowd, I took out my book and pencil and took down the names of those around me. I then summoned them to assist me in finding and arresting John D. Lee. They each and all had some excuse, but I refused to excuse any of them and ordered them to go and get their arms and come back and aid me. This worked well, for in less than five minutes there was not a Mormon to be seen on the streets of Panguitch. About this time I rode near Thomas Winn, when he said,
"I believe I have Lee spotted. I asked a little boy where Lee's wife lived, and he showed me the house."
This was something to work on. I then rode around to the house that Winn had pointed out to me. As I turned the street corner, I saw a woman looking into a log pen, and when she saw me, she turned back towards the house, then turned and walked back to the pen, and appeared to be talking to some one in the pen. She seemed to be very much excited. I rode by the house and around the lot, and while doing so I saw a little girl go out and look into the pen for a little while; she then took up a handful of straw and went back into the house. I, like Winn, was then satisfied that Lee was in that pen. I then told Winn to keep the place in sight, but not appear to be watching it, while I was getting ready to search for Lee. I soon afterwards met Samuel Lee. I took down his name and ordered him to assist me in searching for and arresting John D. Lee.
"John D. Lee is my father, sir," said he.
I told him it made no difference to me if he was his grandmother, that I was going to search the house and wanted him with me.
He said be was going down to the threshing machine to see his brother Al, and started off.
I drew my revolver and told him to stop.
He walked right along, looking back over his shoulder at me all the time. I then spurred my horse and went in front of him. He said,
"You can shoot and be d-d. I am not heeled, but I am going down to see my brother Al."
While we were talking, Alma Lee came up and asked what was up.
Sam said, "This is the officer come to arrest father."
Al said, "H-l! is that all! I thought there was a dog fight, I saw so many gathered around here.
He then took Sam one side and talked to him for a time. Sam soon came back and said he was ready to go with me.
I then dismounted and had Winn do the same. I first went into the house, where I found several women. I searched the house thoroughly, but found no one in it that I wanted. I then said to Sam,
"We will go over to this other house."
Sam very cheerfully said, "All right, come on," and started out ahead of me.
When I got into the yard I stopped, saying, "Hold on; here is a corral out here, let us examine that."
At this Sam came to a stand-still, and was very much excited. was then very certain that my man was there. I had to urge considerably to get him to go up to the corral with me. Henry Darrow, one of Lee's son-in-law, followed us. I took a circle around the corral, and then walked up to the log pen, which was used for a chicken house. This pen was about seven feet wide, nine feet long, and four feet high in the clear. There was a hole close to the ground, just about large enough for a man to crawl through. I first went to this hole and looked through into the pen, but I could see nothing but some loose straw in the back end of the pen. I then discovered a little hole between the top logs, near the back end, where the straw covering was off. I went to this hole and put my eye down to it, and I then saw one side of Lee's face, as he lay on his right side; his face was partly covered with loose straw. I waited a few seconds, until Winn came near enough for him to hear me without my speaking over a whisper. I then said,
"There is some one in that pen."
Darrow said, "I guess not."
I said, "I am certain there is a person in there."
"Well, if there is, it is likely one of the children," said Darrow.
By this time Winn was in position and was holding his Henry rifle ready for instant use. Winn and myself were alone.
All my other men were in other parts of the town. Just then I saw Fish coming. I then said,
"Mr. Lee, come out and surrender yourself. I have come to arrest you."
He did not move. I repeated this several times, but no move was made by Lee. I then looked around to see if any of my men were coming. I saw that Fish was sitting on his horse right in front of the door, and had his gun in his hand. I motioned my hand for him to come to me, but he remained still and kept watch of the house, as if he was going to shoot, or expected danger from that quarter. His action rather surprised me, for he was a brave man, and quick to obey orders. I them looked at the house to see what was attracting his attention, and I soon saw there was enough there to claim his full time. I saw two guns pointed through the logs of the side of the house and aimed directly at me, and Fish was watching the people who held those guns. That looked like business. I instantly drew two pistols from my overcoat pocket, taking one in each hand. Up to this time I had not drawn a pistol. I put one pistol through the crack in the roof of the pen, with the muzzle in eighteen inches of Lee's head. I then said to Winn,
"You go in there and disarm Lee, and I promise you that if a single straw moves, I will blow his head off, for my pistol in not a foot from his head."
Winn said, "All right," and was going into the pen. Darrow then commenced to beg me not to shoot. Lee also spoke and said,
"Hold on boys, don't shoot, I will come out."
He then commenced to turn over to get out of the pen, at the same time putting his pistol (which he had all the time held in his hand and lying across his breast) into the scabbard. I said to Winn, "Stand back and look out, for there is danger from the house."
Darrow continued to beg us not to shoot, saying, "Lee is an old man," etc. I told Darrow that I would not hurt a hair of Lee's head if he surrendered peaceably, but that I was not going to die like a dog, nor would I permit Lee to get away alive.
Lee came out of the pen, and after straightening up, he said, very coolly, "Well, boys, what do you want of me?"
I said: "I have a warrant for your arrest, and must take you to Beaver with me."
I then took out the warrant and read it to him. When I got to that portion of the warrant which read "charged with murder," he said,
"Why didn't they put it in wholesale murder? They meant it."
He then asked me to show him the pistol that I put through the pen and pointed at his head. He said,
"It was the queerest looking pistol that I ever saw. It looked like a man's hand with the fingers cut off short."
I showed it to him. It was a dragoon pistol, with the barrel cut off short. He laughed when he saw it, and was not at all excited.
We then went to the house. The women seemed wild with excitement, some of them crying and all unreasonable in their language. Lee told his family to be quiet, and did all that he could to pacify them. He said he considered that the time had come when he could get a fair trial, etc.
I then sent and bought some wine, and took a pitcher of the liquid into the house to the women. They all took a drink.
When I got to one of his daughters, who was crying bitterly, she took the glass and said,
"Here is hoping that father will get away from you, and that if he does, you will not catch him again till h-l freezes over."
I said, "Drink hearty, Miss."
By the time all the family had taken a drink, a large number of people had gathered around the house. I think fully one hundred and fifty Mormons were there. I turned to one of my men and told him to try and find some place where we could get something to eat. Lee heard me, and at once apologized for not thinking to ask us to have something to eat before that time. "But," said he, "the women folks have been making so much fuss that I have thought of nothing."
He then ordered breakfast for us all. His sons gathered around him and told him that if he did not want to go to Beaver, to say so, and they would see that he didn't go. Lee then took me one side and told me what his friends proposed, and wanted to know what answer he should give them. I thought he did this to see if there was any chance to frighten me. I told him to tell the boys to turn themselves loose; that I knew I had no friends in that place, except those who came with me, but we were well armed, and when trouble commenced we would shoot those nearest to us at the first, and make sure of them, and then continue to make it lively while we lasted.
Lee said he did not want anything of that kind to happen, and would see that the boys behaved themselves - that he thought the time had come for him to have a fair and impartial trial, and he would go with me.
I then hired a team from Lee, and hired his son-in-law to drive it. We started from Fanguitch soon after breakfast. We put two of our animals in the team, making a four-horse team - Darrow drove. Lee and Rachel, one of his wives, and two of my men rode in the wagon. It was about 11, a. m., on Monday, the 7th day of November, 1874, when we left Panguitch with John D. Lee as a prisoner. We reached Fremont Springs that night at about 11 o'clock, and camped there until daylight. The roads were so bad that we had been twelve hours in making thirty miles. The night was dark and cold, and having no blankets with us we could not sleep, and to add to the discomfort, we had nothing to eat.
We left Freemont Springs at daylight, and reached Beaver about 10 o'clock, A. M., November 10th, 1874. We had been twenty-four hours without food. Lee and Rachel had fared better than we had, for they had a lunch with them. When we reached Beaver the people were almost thunder-struck with astonishment to know that John D. Lee had been arrested.
After the arrest Lee was in my custody the greater portion or the time that he was in prison. He never gave any trouble to me or his guards. He never tried to escape, but at all times assisted the guards to carry out the instructions that they had received from the officers.
This is a hasty sketch, but I trust will answer your purpose. Hoping you will meet with that success which you so richly deserve, I remain your most obedient servant,
WILLIAM STROKES.
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