Show MR BURTON COMES IN He is Sentenced to Pay a Fine of 8150 and Costs THE BIG MURDER CASE AT PROYO Alex Dutrle and Jerry Patnode Are Guilty or Murder In the Second Degree Trcflles Dutrle Is Discharged Judge Sandford disposed of the following business yesterday A Milton Musser TS John W Young three cases set for second Monday in April The people vs H C Clements murder postponed till the second Monday in April The petit jurors were discharged from further attendance at this term of court The accounts of Marshal Dyer for the penitentiary expenses for February amounting to 3333 were approved United States vs John Groves unlawful cohabitation sentenced to imprisonment for seventyfive days and to pay a fine of 75 the costs were not imposed BISHOP It T neutroN APPH Uta Shortly after 4 oclock Bishop R T Burton Bur-ton who was indicted in 1SS5 for unlawful cohabitation walked down the aisle accompanied ac-companied by Marshal Dyer Mr Peters and several others Mr PetersIf your honor please R T Burton against whom there is an indictment indict-ment charging unlawful cohabitation is in court and desires to be arraigned JUDO SofDFOiiD Let him be arraigned Bishop Burton arose and listened to threading th-reading of the indictment by Clerk Clarke It was signed by M B Sowles foreman of the grand jury and alleged that the defendant defend-ant had been guilty of the offense between January 11CS5 and September 1 1SSG To the query What is your plea to this indictment in-dictment guilty or not guilty Bishop Burton replied Guilty Mr tiicnards ypiu honor please Mr Burton desires to waive time for sentence and receive the judgment of the court now Before sentence is passed however I desire de-sire to call the courts attention to a few facts pertaining to this case The defendant defend-ant is over sixtyeight years of age He married his last wife in 1855 six years before be-fore the passage of the first act of congress forbidding the practice of polygamy or making it an offense His families have at all times lived separate and apart For several years past and prior to the finding of this indictment I believe ho has lived with his first wife only He is a man of good standing in the community and has held several important official positions which he at all times tilled to the satisfac tion of his constitutents In addition to the fact that this is his first offense when he learned that witnesses against him were wanted he instructed his sons to go before the grand jury and give that body all the information within their power The JudgeHow long did you say it is since he has lived with his second wife Mr RichardsHe has lived with none rat his first wife for at least three years past The condition of Mr Burtons health is anything but good He is a man who in the past has never shrunk from danger when he could serve and protect others His experience with the Indians in the early settlement of this place is proof of this and to his labors in this regard is perhaps partially due his present ill health As I said before however his health is now very poor and if imprisoned for any length of time it would have a bad if not a fatal effect upon him I have here a statement signed by a number of prominent promi-nent non Iormoms which I wish to read Judge SandfordYou may do so and hand it to the clerk Mr RichardsThe paper is as follows We the undersigned residents of Salt 1 Lake city respectfully represent that we ire personally acquainted with Robert F Burton of said city and that we have known him for many years Wo take pleasure in stating that Mr Burton is a man of high character and excellent standing I as a lawabiding citizen in the community in which he lives with the exception of the present charge of unlawful cohabitation that he has occupied many public positions of honor and trust and has discharged the duties pertaining thereto with honesty fidelity and ability that he is sixtyeight years of age and of late years his health has been poor and at times critical In consideration of all the circumstances of the case we believe that the ends of justice would be better served and the dignity of the law fully maintained by a light penalty rather than a severe punishment and we therefore there-fore ask the clemency of the court in Mr Burtons behalf This document your honor is signed by Robert arkness R C Chambers John E Dooly Thomas Marshall S J Lynn T R Jones Byron Groo J G Sutherland and O A Palmer Had I deemed it to be necessary I could easily have secured at least a hue dred more but these I think are sufficient to show your honor the estimation in which he is held While Mr Burton has been he awed with civil positions hu has not been ferotten so far as ecclesiastical honors go and today he is one of the presiding bishops of the Mormon church I mention this latter fact your honor not that it has any particular bearing upon the case but because cause of a desire to be frank and fair in the matter The JudgeMr Poters what has the government to say I Mr PetersI am not acquainted with the gentleman The gentlemen whose names appear on the statement are men of the highest standing and their recommendation recommenda-tion doubtless should have weight Yet he defendant is di intelligent i man and must have known that he was disobeying the law Ho cannot plead ignorance as he might otherwise The JudgeThere is no dispute then as to the facts I Mr Peters No I believe the defendant was appointed to an honorable position by President Lincoln The JudgeWhat was that Mr RichardsCollector of internal revenue reve-nue He hold that position until the office was abolished The JudgeI above no doubt that the ends of justice would bo served without inflicting a severe punishment What have you to say Mr Peters as to punishment Mr PetersI do not see that it is a casein case-in any way different from others The JudgeHave you anything to say Mr Burton Bishop BurtonNo sir The JudgeWell in view of the testimony testi-mony before mo of the gentlemen mentioned men-tioned your age and health I think justice will be satisfied without any imprisonment You will be sentenced to pay a fine of 5150 and costs I hope we will not see you here again If you do appear the sentence will be heavier Mr Richards It is quite possible your see Mr Burton in honor that you maysee court again His business frequently calls him into court but when he comes again it will be in a different capacity The costs amount to only 350SO for the marshal and 250 for the clerk |