Show THE BURTON TRIAL the last testimony loral Teak pros the statements and the defendant on monday jamea bowman was recalled by tho prosecution mr burton was on foot when I aaker him about the death of my wife chii was very koon after ho shooting cross examined I school bouso when asked him it wai about ten rr fifteen minutes after alio shooting that I asked burton about my wife lie was alone walking slowly along I dont remember ever seeing him before that day lie said lie did not intend to kill my wife that I should not have brought her there said v liy did you bring her here the summons to surrender was read by some one I did not read it went out of alie fort south I think altogether beai ay iy era were taken to alic bench do not remember anything besides chii conversation with until I wai removed to alio bench wa wai i sworn I remember alio morrisine Morri site trouble went in curly june 1802 under uen burton altogether the posse numbered about bix hundred alio first tiling I remember a party was kent down a liala way between and the did not ce ice i alie loy sent down about a hundred Morri sites were brought prisoners cannot tell the exact lr ought away gaw a wagon load cro major ladd had of tho cannon never counted lie number of bartons burtons Bur tons pose po se went fort only after alie trouble was over asi K testified as follows I recollect alio Morri tite trouble in 1862 I was captain of 10 in alio artillery company we biad three pieces of artillery was there the first day served under maj ladd gen burton being commander alic first shot from alie cannon went entirely over the camp we could not aee alie bowery thene cond timo it wai aimed at a log bouce in alie fort did not aco it strike fired tie long black gun anna eglit on it wo put a on alie muzzle of he gun and set up a knife on alie breech end aing these to look through to get alio gun lighted in line major ladd believe sighted alie gun all three guns were used but not ouen I there were or afen in bartons burtons Bur tons posse there acro 50 or CO artillery men crosia examined only took one piece up first and sent back after the think tho oilier two guns came the mccond day though T dp not remember lrudd gave alie order to fire lie gun do not know what liis orders were was the next I was at the morrisine Morri site camp in 1862 and was n morrisine Morri site the camp waa attacked on lie and of june thu albut or on sunday evening I knew mr burton having worked for him I knew mrs bowman joseph morris and mrs swance I sawn flag of druco and a crowd of people place and hard burton call where arc you morris on morns appear anco lie was akad to up and burton shot chica times morris I will give up my principled mrs bowman camo up and called lim gome namo a or xoma liing like that and lie on lier saying after she ml no ono shall call mo that and live cross examined came hero for the gospel i take in 1855 cumo froni engrand Eng Tand married an old woman who it was baid had nix living t testimony wit iks hnud eliat lie biad been swindled and that hl condition was not improved any by coining to this country ho could not believe anybody etc know joseph morris and was with him ho biad which he wrote and read to aliu people I did not eo morris fill nor did I see liin I thought ho would soon return was between boand morris that would prevent mo frum being him but my attention was drawn in direction I caw banks lying on alie ground tho women wore not fur from alie I only saw mr burton on I hoard no ono eho shoot I hoard libin shoot five times time at marris and once at women it was exceedingly difficult to inako alio licar euid in response to lio took occasion to show his firm adherence to the Morri ite mi and lid his best to pro o clyto the examining attorney he wa was s finally allowed to go after racca n litno wit no to mako A correction in liu tw alio olivir aliu eliut lun camomile ono of tho lor alio prosecution be at any kiino for ro choai judge alio caie for the f lo 10 lio attention of the jury to tho opening of alio prow ution and tho proof adduced in licit ido of alto cae ca e alio officer dl the S not charged to tonTi ct but sl to a abt in alie ad and it if hin duty to whole truck anil both oatlie cac an atho only ow of tho caw floca rafn to alo and I therit oro eliat we have reason to of the manner in which tho putrid attorney haa alila cac and it the duty of the to make ui lio befi cici icy mr realty your atteA th troop to the Morri sito village and ion that geneal gene al lourton went there to conquer the people on personal grounds and lojiw omitted to mention the duct that general burton ans ent there a an officer with s writ to secure alie arrest of certain per in lieu thereof mr beatty has given his opinion of alio matter lie has no business to have 1111 opinion il an opinion were entertained liy him le him no right to express that opinion to you judge sutherland burc quoted the opinion of a michigan court which held eliat it was the duty of lie prosecution to show th transaction whether such showing would bo favorable or unan to alie accused according to the testimony of the mn bowman called a dog wretch or something els to that deflect and ho maid nt woman should call him eliat and live and shot her without further pi avert cation unless it ia proven that you leave buforo you on trial ft inai of alio most brutal instincts the tory is most improbable and you as reasonable men mut co nider thin reason is adequate you will naturally inquire wj iother mr burton is such a inan and I presume you leavo all in your own minds a man who io gentle and humane disposition isso well known eliat any number could not convince you eliat iio would be capable of such brutality almost every man ha such limits to his and resentment that jt is almost impossible for him to transcend them and you will liotino eliat his acts in life are generally fonsie tent with each I invite your attention to lie defendant and wo will evidence to show his even nea ne a of disposition and eliat ho ij slow to anger and not 11 gihei to violence general burton t eliut time wan deputy inari hal of alio territory and one of alie executive oili cers of this court A writ eliud been issued for the arrest of certain lurtice to bring into aliis court william jones who was detained by them krucli a writ biad been issued and served nearly n prior and it biad been treated contempt and burned and they biad f word eliat they wanted no communication with the court denouncing noun cing it and alie judge parti cu barly aa a robber and ft hoi o writ and i warrant were ix sued requiring alio arrest of persons for refuting to comply ditl alie former writ and n was made on alie governor Gover noc for n w to the ni making tha it appeared that it abo luMy required a large force to ell act aliis and alie governor furnished alie alio morri ditc itc camp was ft terror o alio country aind alie rt facts were known to the territorial and to alio generally Of ficera lind been driven away and threatened deatle if they again came into lie camp o servo writs A be ceder alio ccoke jocularly of ajie faith was brought bick and floK binl uan alu women cacha cac hh sevan after alie difficulty at the morris to village biad ended bertou arrested all alio binn and reported alie proceedings to aliis court nien were also brought before he court for an ot licer anu ten of tried for the murder of two men in alio posse convicted for murder in alie second degree and variously ali remainder were taken to camp dougla under lie protection of alie government and yet alie prosecution prore cution laments alio capt e of years before aliis case could be brou glit to trial wo otter to provo that general Burton rt force immediately coming to alio camp placed itself in communication choco in alio village und a demand wax distinctly mado for of the persons mentioned in the warrants but lie failed to obtain any rc pone after waiting two hours or more lie fired n shot to give them warning that lie was here in force and busi becs aliis shot was ordered to be fired over the caina ro as to be hiarm icia but by the mistake of inexperienced gennora alie ball dropped into alie bowery on alie day towards night a ahito ilig was displayed A nun named brown carried it to alio west side of alie fort a and burton desired eliat their anna bo stacked in a ous place which they proceeded to d and it then appeared alie of wis in good feitli burton croxall stoddard and gold gnp on horseback followed by only teu men entered alie fort to take charge of alio prisoners and their arma when burton biad of Morr kite in alie fort ho read or alie purport of alie warrant iio had und alo al o mud that lie felt it liis duty to make prisoner all lie found in anus morns request to be permitted to pk to his people was grunted on condition eliat in would bo brief and in alio in of peace morns then stepped forward raised his liand in ft solemn manner and called on all those who acro willing to follow liim in life or death to follow him or words to olivet alio response was loud and a rush for ensued this was u moment full of peril and re ability ho was with a dorco of about fifteen anen nomo of them un armed binl hero wore before him i few paces of loaded guna somo mc abaro of prevention could bo rotor tod to sit and liis men would lo 10 at anil bloody collia ion boull bo inevitable ho callol on morris it eliat faill diw and ia barty ruIt pil of bonx call seeing hist imminent langr lang r lio stop alio and u volley attly fijoj only on u volley mccu pyeng nol more than alvo or time robit alic in fit to alio lubit hot alio intention was to kill morris annl alio women were killed ay hiis dono to life itna wats its for M oon an morris fell alio ruh ans im awful hie nr wan very od on furtona acta aping ica alio court aal the executive he for liia aal conduct tand lit timo lio not ohly to lo 10 but to leavo hia action in tho na DAN I ali ort alic stand for acro hs I dokonow letl ahw ia tr I j know win foulger might have liall conversation linn thero one night lait la it week think I saw libin there dont remember whether talked to him about alio prosecution or not Q did you at eliut place in with win foulger nay among other aliina nebout thin cie that mrs bowman had denounced annj eliut lie i iid no woman should call him eliat mid live and that lie cliot glicr and tant you said you biad heard these charges A dont did dont remember john B un bring acho auho time did not uw of such language it if barely possible blat had some talk on tuesday or wednesday of last week about alie matter mentioned it and let it pass tho following original writ of ha lea iff bcd by this court bearing dtta of may 12 was then bollerud in evidence territory of utah great silt lake county J TV joseph jorri avok jo fin and you are hereby commanded to have alie bodies of john lonis christian ganson und williiam Willii im bonc jonc by yon detained as alleged before me J F kinney judge ottani third judicial district in and territory nt alio court house great suit lake city forthwith after with this writ to be dealt to liw and to ebido cuch oriler a make in the and have you alien and this wiit with a return of your doings in the premise seal JOHN F KISKY judge ad judicial district court ettli territory attest P LYNCH clerk great silt lake city henry or debity territorial marshal is ordered to nerve this writ and tako such ariit anco as lie may deem proper J F judge I hereby deputize andon L stud ikird to serve allm urit HW territorial mir lid laili gibat silt aks cita may nd territory Terii tory of utah orritt silt lake colinta Co I aliis writ having M aryed alie hamo by reading it in alliy hearing of the within named arti pr ti aal aliu in leaving ily oatlie fame in their pre enee aliis aili daiy diy of may JI W K ier judon jud on L stoddard deputy Tenito rial marshal utah tt arito ry an of Julon L was then road in testimony citing eliat in rumi ince of liia authority lie proceeded on day of may to morah camp to serve writ in company with two assistants eliat when he arrived in alio vicinity of alie camp ho was met by armed men eliat in making further progress lie trel kimt of t irwim arcil cd bilbro linn and lormel a lino around alio biou e by alm defendants in said writ that lie approached pro ached morris und outliers ot liers stated I his and read alio writ to them that then john sinak ing for and alie kotlier defendants aid alicy would neit lier obey the writ nor alio law tid asked alio affiant to leave that aliey refused to receive a copy of treated it and alie authority which issued it with alie groset contempt even ray ing eliat no more writs bc served in camp and eliat agnant be liev cs from alie number of lighting men in the camp and their arkill in military brunce no could serve any writ unites attended by a strong posse this wa sworn to and subi bribed before J F kinney judge on the luth day of june A writ tor contempt wa was s then read being dated june II 11 iafe representing the facca as stated addressed to henry W lawrence territorial marshal or robert T burton dean ty and commanding hem aa the defendants had failed to comply with alio original requirements lequire ments to attach alie said morris bank cook and and take their bodies immediately buforo tle audgo of the district court the order wit wits s signed by jolin F kinney and attested by P lynch clerk alie following is alio return niada thereon th treon as appears f win the writ I return aliu writ inning duly served alie sanio upon the within minced persons ami have alie bodies of cook and now before alio court lbanks and morris having been killed on alio day of june in ami armed resistance to alio execution of this writ as per partial pirt ial return of on alie a cory of which bield partial return b atta clied 11 per H T Bf deputy lake city t juno alth W J also a communication wa intro dubeil from 11 W lawrence marshal by IS T burton deputy written on the toward salt lake after alio attack an account of alio and directed to judge kinney I ot her went lien presented showing alio manner in which alie writ win binl upon who alo alio ordas alir ropy of the ly lion wilt by the ill rys was an fn ct catri fsr tl I know n hw in agi kag ton fort which pally ly mori sitf I evl three ir n niilo ln forta alio fort leclef t altif i n nl M was I WM in alm win nc with n couil jnnny of alio alicy mrie ait any that I know ofa alt holding ii tais in alicy drilling binl I irot iced cointa ales of twelve in a bc bilm tho altey hanf two officer to itch tavy acio all arnad with ghiris ain ii liard bras mounted anil n during their drilli thay want birou gh tho manual of and to hae in lac tic hud n liia drawn round it to tho pic anro of ft alan with a in it bahr ed two or till co times u week I raw lie in jail E hearson a person named jenon and Wil liun boned they small log cabin near the lane they wei e guarded by two armed men ill front of aliu joil nhan was some difficulty in getting to I was told no one win allowed to free alio told 1110 if I leavo I would also le arrested tind iut in with them I saw n log clinin onliest foot he ruined iaia foot that I could see it I stood ho biad n paper which lie desired to give ine but t could not get it aliey lud been in jail ft good many aweeka I boino of their churchea aliey liada fore shadowing day I went to MO M O alio gnp I was near enough to hear some ot sigid I biad a number one pair gL alisea isea to aliat ra going on siw morri leading alie cioce nion riding liolu libin ata ccok on a rel foiw jolin on a black horr aal air I i roii cann after followed alie twelve on foot after follow el ing alie twelve priest i of aaron allar aln u c alio kiil band in uniform hen followed alie even teven t t of infantry in uniform and armed after thee camo alon lirose on bering about citizen beside the i tibey round alio icat time even tinna anven I was told by one of their own party they alien ai bumbled near eliere wa |