OCR Text |
Show Issued every morning, (MowJaya excptxi), ly ti JvjKTiei Pbihtino Association Incorporated,) . "tH NuMwh a ", "ff ISrfwerw awf franklM. , JMdraM all eBaiuoictioos oa boslaass to the aalBassaaaagei-- , l6oss iotonded tat pubfication Vthaldltor. Wsdhbsmt Mowrwo, Fkb, 26, 1879. THE BURTON TRIAL fro iMtt Testimony for Weak Pros-ecnttoa- Tft Statements and Evidence for the Defendant Oa Monday uorang J'amea Bow-na- n was recalled by Mr. Burton- - waa on foot when I asked him about the- death' of my wife; thu was Tory soon after the - shooting. I was Datum! the Crosa examined. school-hous- e when I asked him. It was about ten or fifteen minutes after the shooting that I asked Burton about my wife; he was alone, walking lowly along; I don't remember ever seeing him before that day; he said he did not intend to kill my wife, that. should not have brought her aWe said "why did you bring her here!" The summons to surrender was read by some one, I did not read it: went oat of the fort south I think; altogether early 100 prison era were taken to tne Dencii; ao not remember anything besides this conversation with Burton until I was removed to the bench. -- CHRISTOPHER SPKOAT was sworn: I remember the Morrisite trpuble; went there in early , June, 1862, under Gen. Burton; altogether the posse numbered about five or nix hundred; the first thing I remember "a party was sent down with a white fag about half way between our camp ana the Morrisites; did not see the boy sent down; about a hundred Morrisites were brought prisoners; cannot tell the exact number of arms brought away, saw a wagon load. Major Ladd bad charge of the cannon; never counted the number of .Burton's posse; went into the fort only after toe trouble was over, Cross-examine- d w,n,rBrr testified' as follows: I recollect the Morrisite trouble in 1862; I was cap' tain of 10 id the artillery company; we had three piecea of artillery: I was there the first day; served turner Gen. Burton being d, the first shot from the can- on went entirely over the camp; we ottld set the bowery, the second time it wa aimed at a log bouse in the fort did boI see it strike-- , fired : the long black gwn firsts it had no Hcht on it: we tut a wooden sietvt on .... n i i. . knife on the breeck end, using these to look through to get the gun sighted in line; Major Ladd, 1 believe, sighted the gun; all three guns were ased, but not often; I suppose there were 300 or 400 men in Burton's posse; there were 50-- ' or 60 artillery com-lande- Maj-Lad- it. . r; proof adduced in establishing their side of the case. The officer of the government is not charged to convict, but is employed to assist in the administration of justice, and it is his duty to present be whole truth and both side of the case. An attorney who deliberately presents only one side of the caae designedly does an injustice to the defendant, and I therefore think that we have reason to complaiir of the manner in wliich the district attorney has presented this case, and it becomes the duty of the dofeftse t make up the defiMr. Beatty has called your ciency. attention to the moving of the troops to the Morrioita village and left the impression that General Burton went there to conquer the people on per sonal grounds, and he has studiously CTUlieu to iuciiuuu wjumiucjuiji the fact that General Burton was sent there as an officer with a writ to secure the arrest of certain persons. Ire lieu thereof Mr. Beatty has given his opinion of the matter. He has no busiites to have an opinion, and if an opinion were entertained by him he has no right to express that opinion toyoiw Judge Sutherland here quoted the opinion of a Michigan court, which held that it was the duty of the prosecution to show the whole transaction, whether such showing would be favorable or unfavorable to the accused. According to the testimony of the Mrs. Bowman called prosecution Burton a dog, wretch, or something else to that eftect, and he said no woman should call him that and live, and shot her without further provocation. Unless it is proven that you have before you on trial, a man of the most brutal inst inct, the story is most improbable, and you, as reasonable men, must consider whether this reason is adequate. You will naturally inquire whether Mr. Burton is such a man and I presume you have all, in yonr own minds, a man whose gentle and humane disposition is so well known that any number of witnesses could not convince you that he would bo capable of such brutality. Almost every man has such limits to his emotions and resentment, that it is almost impossible for him to transcend thnf and you will notice that his acts in life are generally consistent with each other. I invite your attention to the defendant, and we will offer evidence to show his evenness of disposition, and that he is slow to anger and not a man given to violence. General Burton, at that time, was deputy marshal of the Territory and one or the executive officers of this court. A writ had been issued for the arrest of certain parties to bring into this court William Jones, who was detained by them. Such a writ had been issued and served nearly a month prior, and it had been treated and burned, and they had sent word that they wanted no communication with the court, denouncing it, and the judge particu larly as a robber, and a horse thief. Another writ and a warrant were is sued remiirinc the arrest of these persona for refusing to comply with the former writ, and a requisition was made on the Governor for a posse to assist tle officer in making the arrest. It appeared that it absolutely required a large force to effect this, and the Governor furnished the posse. The Morrfsita emnrp was a terror to the , country, and thesV fact were with-contem- known to the Territorial officers and to the community generally. Officers had been driven away and threatened witb death, if they again came into the camp to serve writs, A so- ceder who spoke jocularly of the faith, was brought back and openly flogged first by Banks and then by seven women, each holding seven whips. Aftopthe difficulty at the Morrisite village had ended Burton arrest J ed all the men and reported the men. to this court. Only took one whole proceedings These also were men before back first brought after the sent and piece up for resisting an officer, anu i ethers; I think the 6ther two guns the court earn the second day, though 1 do ten of them tried for the murder of not remember; Ladd gave the order two men in the posse, convicted for to fire the gun; 1 do not know what murder in the second degreend xx The remainder riously sentenced. hU orders were, were taken to Camp Douglas, under PHILIP HBWOT the protection of the government, was the next witness: I was at the and yet the prosecution laments the Morristt camp in 1862, and was a lapse of seventeen years before this Morrisitef the camp was attacked on ease could be brought to trial. the 13th, 14th and 15th ef Jane; the We offer to prove that General Morrisites surrendered about 5 or 6 Burton's force, immediately opon 'clock on Sunday evening? I knew coming to the camp, placed itself in Mr. Burton, having worked for him; communication with those in the Mrs. Bowman, Joseph Morris village, and a demand was distinctly ' and Mrs. Swanee; I saw a flag of truce made for thesurrender of the oersons and a erowd of people; I went to that mentioned in the warrants. But he place and heard Burton call, "Where i failed to obtain any response. After are you, Morris?" On Morris' appear waiting two hours or more, he fired a ance he was asked to give up and shot, to give them warning that he Burton shot three times; Morris said, was there in force and meant busi"1 will never give up my principles," ness. This" shot was ordered to be Mrs. Bowman came up and called fired over the camp so as to be harmhim some name, a wretch or some- less, but by the mistake of inexperi' thing like that, and he fired on her enced gunners the ball dropped into saying, after she fell, "No one shall the bowery. On the third day, tocall me that and live." wards night, a white flag was displayCame here for ed. A man named Brown carried it the gospel's sake in 1855, came from to the west side of the fort, offering England; married an old woman who, a surrender, ami Barton desired that .it was said, had six living husbands. their arms be stacked in a conspicuous place, which they proceeded to (In. the conrse of his testimony said that he had been swindled, do, and it then appeared that the and that his condition waa not im- offer of surrender was in good faith. proved any by coming to this coun- Burton. Croxall, Stoddard and Gold-inon horseback, followed by only try, where he could not believe any. body, etc.) I knew Joseph Morris, ten men, entered the fort to take and was intimate with him; he had charge of the prisoners and their which he wrote and read arms. When Burton had reached revelations . . .1 r i l to io people; i aiaj noi see iuorris the mass of Morrisites in the fort he fall, nor did I see his body; I thought read or stated the purport of the warhe would soon return; there was rant he had, and also said that he nothing between me and Morris that felt it his duty to make prisoners of Would prevent me from seeing him, all he found in arms. Morris' request but my attention was drawn in to be permitted to speak to his peoanother direction; I saw Banks lying ple was granted on condition that he on the ground; the women were not would be brief and speak in the infar from the schoolhouse; I only saw terest of peace, Morris then stepped Mr. Burton on horseback; I heard no forward, raised his hand in a solemn one else shoot; I heard him shoot five manner, and called on all those who times, three times at Morris and once were willing to follow him in life or death to follow him, or words to that each at the women. It was exceedingly difficult to make effect. The response was loud, and a the witness hear, and in response to rush for the arms ensued. This was questions he took occasion to show a moment full of peril and responsiLis firm adherence to the Morrisite bility, lie was there with a force of miracles, and did his best to prose- about fifteen men, some of them unlyte the examining attorney, lie armed, and there were before him 100 was finally allowed to go. fighting Morrisites within a few paces of their loaded guns. Unless some Becess. After recess, a witness was called to effectual measure of prevention could make a correction in his testimony be resorted to at once,he and his men would be at their mercy, and a as published. The prosecution rested their case. bloody collision would be inevitable. He called on Morris to stop, repeated w HQ tne HDuerskauuiug u Camomile, one of the witnesses for it, and that call was disregarded. the prosecution, might be recalled at Morris and his whole party rushed towards their arms, heedless of Burany time' for Judge Sutherland opened the case ton's call. Seeing his imminent lor the defense, lie called the at- danger he commanded, ''Stop the tention of the jury to the opening prisoners;" and a volley was immediadth-eof the prosecution, and the ately fired. Only one volley, occu- Cross-examine- Cross-examine- wit-Be- g, w pying not more than five seconds of time from tne lirsi to tne last snot. The intention was to kill Morris and Banks the women were killed by accident. Th is was done to save life, and such was its effect, for as soon as Morris fell the rush was stopped,and an awful silence .ensued, ine sur- rnndnr was verv sneedilv accomplish ed. On General Burton's acts being reported to the court and the executive he received commendation for his efficiency and humane conduct, and at this lapse of time, he not only expected to be acquitted but to have his action in the premises endorsed, as wise and humane. DA! GENERAL MERCHANDISE. HOTELS. A. X. XXIOLMM. W.KtXSST, KEENEY HOUSE LEADING HOTEL, Utah- Ogden City, - to all TralM, Sad, Weat, Borlh andSeota, ON a conversation with him there one KEENEY &ZEIGLER. Props. night last week. Think I saw him there. Don't remember whether I talked to him about the prosecution EEARDSLEY'S or not. Q. Did you at that place in a conversation with Wm. Foulger, say, UNION DEPOT HOTEL. among other things about this case, Ogden, Utah. that Mrs. Bowman had denounced Burton and that he said no woman First-clas- s m should call him that and live, and Rooms and Table that he shot her, and that you said Every Respect. Terms Reasonable. you had heard these charges. A. I don't think I did. Don't remember John Bain being present at the time. ALL TRAIXS STOP ONE HOUR. Did not substantially make use of Peraona deriroaa of Yisiting Bait Laka, Soda such language. It is barely possible Springs or other Mooataio KmotH, eaa Ian Daggaga ana recvtT cuacu k in. that I had some talk on "Tuesday or nrpiaa Dtll Mieir rctara. the week about of last Wednesday M.fE. BEARDSLKY, Prop. mentioned it and let but just this court, ha- bear- ing date of May 22nd, 1862, was then offered in evidence: ) Territory of Utah, SB. Great Salt Lake County. ) To Joseph Morris, Richard Cook, John Banks, and Peter Klemguard: You are hereby commanded to have the bodies of John Jensen, Louis Christian Genson and William Jones, by you detained as alleged, before me, J. F. Kinney, judge of the Third Judicial district, in and for said Territory, at the court house,' Great Salt Lake City, forthwith, after being served with this writ, to be dealt with according to law, and te abide such order as the judge shall make, in the premises, and have you then and there this writ with a return of your doings in the premises. Seal. Johji F. Kixjet, Judge 3d Judicial District Court, Utah Territory. Attest: P. Ltnoh, Clerk. Great Salt Lake City,) May 22nd, I862L Hewry V. Lawrence, or Deputy Territorial Marshal, is ordered to serve this writ and take such assistance may deem proper. J. F. Kinney, Judge. I hereby deputize Judson L. Stoddard to serve this writ. H. W. Lawrence, M RAIZiZiOAX. CENTRAL Frsoas a&il Utaer May 22nd, 1862. I Oa and after Nov. 4, 1878, Nan of Our Grocery Department Is fully supplied with everything to STATION. k. u. t. u. Uko I 00 t 40 Wood'tCroaa 4 08 Train. Laara Ball T 26 CentreTilla T B 111 rarniingtoa T W Kajnllla I 1H t 00 I Arrlre at Ogden No. Paw. t Ogd To make room for the Spring Stock shortly to arrive We are Offering Unusual Bargains! TO CLOSE OUT THE REMAINDER Kj.Till. 10 M OatravUla 11 T6 1 00 II 1 U 40 t 00 4 11 repufation we have so many years held. By constantly keeping A LARGE STOCK, as above enumerated, BOUGHT FOR CASH, enabling us to successfully meet the CLOSEST COMPETITION. WE SOLICIT CORRESPONDENCE. M. $ 40 cat I 10 1 WALKER BROTHERS, Main Street, Ogden, Utah. dfeblS T 81 1 W T 44 1 60 I U 1 I 10 J T4 00 D. Pauing Plaoaa. MIXED TRAINS WILL RUN apply. JAMM SHARP, ' Soul Veket and Prelgbt Agent WE ARE RECEIVING DAILY LARGE SHIPMENTS OF JOHN' SHARP, 8BPUUHTINDXNT. CONSISTING OF J. S. LEWIS, Dress Goods in Great Variety of Styles. OPXICIA1V, WATCHES, And JEWELRY REPELLANTS, the Celebrated King's Combination Spectacles. Which improTa, strength., and preserve the sight. They are set with fine French peritoople lenses, and ean be so adjusted that the focus will come directly in front of the eye, making them much more eerTice-abl- e and useful than ordinary spectacles. Ererj Pair Warranted. TrjTi n. guns.pisiolsTnb 4MMUNIL0N Notions, Hosiery, Trimmings, Embroideries, Flowers, Of Main 8tret, Ogden, is in receipt of a One stock of New Goods, embracing &c. LINSEY8 AND FLANNELS. IMMENSE LINE OF STAPLE DRY GOODS, dU6-l- y AH Straight Goods, direct from the Manufacturers. Valuable Property for Sale. Wishing to engage in other bnsiness I offer for sale my valsabie hotel property at Blackfoot, the terminus of the Utah and Northern Railroad. This bate! is si tamed ia the heart of the Snake River Mining Diatrict, and is most admirae'y located for Ibrongh and local ens torn. The Montana stages arrive at and depart from this hotel dairy, and from its commanding position and tret class accommodations, it Is doiug tbe best business of any hotel between Ogden and Montana. for term apply personally or by Istler to tbe proprietor, "W.O.LETWT8. dl06 tf Blackfoot, Idaho. BOOTS ASID SHOES! Tie Largest ia Northern Utah, in Gents', Misses' and Children's Wear. Comply Stock of HATS, CAPS, CLOTHING, GLOVES AND GENTS FURNISHING GOODS. Sfcoek AH Styles for Ladies', L Opposite Salt Take House, - SALT LAKE CITY, UTAH. GROCERY DEPARTMENT CONTAINS A FULL STOCK OF Don't fail to call and examine my splendid new stock of Iianosf Staple & Fancy Groceries, Hams, Bacon, Flour, Oatmeal, &c. Organs, GuitarSi Accordeons, BanjoSf Flutes, Cornets, Drums, Etc., Etc. GEO. CARELESS. PAGK. SEASONABLE. GOODS For Fall and Winter Trade. METTIT JELESD tf returns thereon. &t?Remember the address, 73 Main The copy of the proclamation heretofore submitted by the prosecu- Street, opposite Salt Lake House. tion was also read by the defense in 4th tf CO Other papers were then presented, showing the manner in which the Music and writ of habeas corptis was obtained, standard Books, new, popular and Guitar Violin, Songs, and upon whose application; also the several orders to the marshal and his Banjo Strings, fittings, etc. CONTINUED ON PRICE LISTS CHEERFULLY FURNISHED. Orders Promptly Filled.. m 11 18 Arrira at Salt Lak. 60 40 Farmlngtoo Judge Kinney. testimony. OF OUR WINTER GOODS. Our continual aim will be to sustain the 4 i Ko. Paaa. 10 81 Wood's OroM eta $ 4 S3 a. u. r. Train. Laava sage, ig be found in a FIRST CLASS HOUSE, at DRY GOODS DEPARTMENT. 1 An affidavit of Judson L. Stoddard was then read in testimony, setting forth that in pursuance of his authority he proceeded on the 24th day of May, 1862, to Morris camp, to serve said writ in company with two assistants; that when he arrived in the vicinity of the camp he was met by armed men therefrom; that in milking further progress he encoun tered some sixty men, most of"them bearing arms; that these men retreat ed before him, and formed a line around the house occupied by the defendants in said writ; that he ap- proaclied Morris and others, stated his business and read the writ to them: that then John Banks, speak for himself and the other defend ants, said tuey would neither obey the writ nor the law, and asked the affiant to leave; that they refused t receive a copy ot the writ, but treated it and the authority which issued it with the grossest contempt, even say ing that no more writs should be served in camp, and that affiant be lieves, irom the number of fighting men in the camp and their skill in military science, no officer could serve any writ unless attended by a This affidavit was strong posse. sworn to and subscribed before J. F, Kinney, judge, on the 10th day of rfune, isoa, A writ tor contempt was then read, being dated June II, 1862, repre senting tne tacts as stated, addressed to Henry W, Lawrence, Territorial Marshal, or Kobert T, Burton, Depu ty, and commanding them, as the defendants had failed to comply with the original requirements, to attach the said Morris, Banks, Cook, and Klimguard and take their bodies im mediately before the Judge of the District Court. The order was signed by John F, Kinney, Judge; and attested by P. Lynch, Clark, The following is the return made thareon as appears from the writ: I return this writ, having duly served the same upon the within named persons, and have the bodies of Cook and Klemguard now before the court, Banks and Morris having been killed on the 15th day of June, 1862, in attempting a strong and armed resistance to the execution of this writ, as per partial return of this writ on the 16th inst., a copy of which said partial return is hereto attached. II. W. Lawrrnce, Territorial Marshal. PerR. T. Burton. Deputy. Great Salt Lake City, ) June 18th, 1862. Also a communication was introduced from II. W. Lawrence, Marshal, by 11. T. Burton, Deputy, written while on the march toward Salt Lake after the attack, containing an account of the affair, and directed to Supplies CALL EARLY AND SECURE BARGAINS! i Ko. 1 No. 8 Paaa. Pat. ) Territory of Utah, Great bait Lake County. I raturn this writ, having served DAILY, (SUNDAYS EXCEPTED, the same by reading it in the hear Salt Laka City at 8.40" a.m.; arriving ing of the within named parties, and in Leaving Ogden at 11.80 0.014 tearing Salt Lake at (.06 also by leaving a certifieda copy ot the p.m., arriving in Ogden at 1 20 p.m.; leaving il ; J at 8.60 a.m .arrlTiDg in Bait LeKo Ultr at same in ineir presence, una .ti.L uay Ogden 3.30 at kt Ogden p.m., arriving in a.m.; leaving H. W. Lawrrnce, of May, 1862, Salt Laka Utty at 6.a pJB. rer Judson L. Stoddard, Deputy tor all InrbrmaHoo aeno.rnrng Freight or Pa. Territorial Marshal, Utah Territo ry. QUEENSWARE, FIOXF.KR LIKE OF FT A II. as-h- Territorial Marshal, Utah Territory. Great Salt Lake City, ) AND CUTLERY HARDWARE, dS7-- tr The following original writ of beas corpus issued by BOOTS AND SHOES, Meats, SO Cents. COMMERCIAL SAMPLE KOOM know Win. Foulirer. mitrht have had MAIN 8TEEET. GROCERIES, CLOTHINQ. DRY GOODS, TERMS, $2,00 Per Day; CAMOMILE then took the stand for further cross- examination. I do know where MoT' ton & Tufts' saloon is in this city. I matter, it pass. WHOLESALE AND RETAIL DEALERS IN d303-3a- r STOVES ! STOVES! STOVES! consisting! From the Celebrated Manufacturers, Wm. Resor & Co., G. F. Filley & Co., Rathbone, Sard & Co., MONITOR COOK STOVES, CHARTER OAK COOK STOVES, RATHBONE EANGKS, together with all the POPULAR COOK, PARLOR AND HEATING STOVES Manufactured bj the above etlebrated firms. HEAVY and SHELF ISiiRO Nails, Horse Shoes, Iron and Steel, Class, Paints, Oils and Varnishes. NSFECTIOy SOLICITED. OUlt GOODS WILL SPEAK FOR THESlSELf lligheatt Frlee Paid for Grain, Eggs and Dried Fruit. t |