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Show "NOT GUILTY." Why the jury in the Burton oaao ahould have required two day a and two nights to make up thoir minda as to tho guilt or innocence of the defendant de-fendant cannot bo oasily understood. There aro two kinds of " public opinion" in this community, and both aro positive and expresdive. In a peculiar case iike the one that hap just been befuro the court, the accused ac-cused must be tried not only by the court and jury, but by these two public pub-lic opinious. The jury may convict, and still one public opinion will ao-quit; ao-quit; or one public opinion a-jd tho jury will acquit, and the other pub lie opinion convict. It is rnre indeed in-deed that tho popular eon'.inicnU which, unfortunately, exist hero can ugreo upon a question like tho oae that has just been settled. But in the Burton case al! classes of society united in piououucirg tbo accused innocent of the charts preferred against him, long beloro tbo testimony testi-mony closed; hence we say it ia ditli-cult ditli-cult to understand luw tha jurors, who listened to tho evidence, patiently j heard the able arguments of counsel. and had before them tbe plain charge of tho judge, should bo eo long in agreeing upon a verdict. It argues that thcro is groat danger iu the jury Bysteua which requires twelve men to ogree on any question, when forty hours are spent iu arriving at a conclusion upon bucu a plain propo aition as was presented to the jury in this case. The verdict ia righteous and just, and we therefore congratulate Gen. Buiiou upon it, for under our peculiar pecu-liar jury law aud the anomalous condition con-dition of society hers, and tho manner man-ner iu which prosecutions aro instituted insti-tuted mid couducted, it is something to get justice. It is questionable if a cast) similar to this was ever heard of before. Gen. Burton was an otbeer of tho territory, duly appointed and q;:a'.iiied; he was tho executive oflicer of the Third district court, and as such was given a writ from that tri-buual tri-buual to servo and execute. Thi service of the writ involved the verj esUleuce ol the court itself, whost authority had been set at detianct ai.d its power challenged. The mandate man-date was the most important that a court could issue, and ita prompt enforcement was necessary to the court's maintenance of ita respect and authority. While in the peiformsnce of his duty a duty that Ho mutt perform or subject himelf to censure and dismissal dis-missal in disgrace from otlice a homicide was committed. No uu-prtjudiced uu-prtjudiced pcriou will claim that the kiilins was intciitioual, ar.d it is doubtiul if tho fatal shot camo from Burton's pistol. However, Ibis latter is a question that cannot be determined deter-mined this lido of the grave, if it can ba on the other side. Whoever killed the woman, did so accidentally, and while exercising due c.uuion, eo that no ciiminality could ultach tJ the net. At tho time of lhi'e occurences there was no uilimroa tha: General Burton had done wrong. The authority by whose i-jstructiona he acted, co:npi:mented him upon the wisdom he bad displayod, and never dreamed that he had done otherwise than for the best, lie did act for the bdat, and mani-j mani-j feattd a decree of caution and a j feeling of humanity thit aro seldom ; to be nie-t with in pernio occupying similar c-xteutivo pooitiona, lib wice judgment, ist.'cmo caution aud humane fej in', and his quick actioo at a moot critical m'jineut prevented a bloudy alatuhler. Very few men in hw plao would hiwc dallied witn that camp of dcspi rata outlaws and fanaticd for tLroo dya as ho did, eecicg two of his own men murdered by them. Afler entering tho fort under tbe protection of a flag of truce it suddenly dawned up'n him that he had been betrayed, and was in irnmv uent danger of im:ue-duld slaughtor, together with hia too few militiamen. It General Burton had displayed unusual judgment and wisdom before, heeihibitcd thoto qualities in a remarkable degreo at that moment when he fired at Mjrris, and thus promptly chscked the mad fanatics who wero so recklesaly rushing upon their owu destruction. He ia not only entitled to the commendation and praise of the court aud community 'but those of tbo Morriailes who are living to-day may thank him that they did not accompany their misguided mis-guided prophet on bisjournoy to tho other world. . I Yet Boveotoen ye'ars later we find General Iiurton a defendant before tho aamo oourt, to answer the charge of murder, ostensibly preferred by the commonwealth that he had been eorvin?, and prosecuted by the power that ho upheld. Right has not changed during this period, justice has not been reversed, nor has society been revolutionized. What was law-lul law-lul and commendable in 1862, is not a crime tj-day. A justifiable and ex-ousablo ex-ousablo homicide seventeen years ago, ia not murder now. It is fortunate for tho oourta and society that the jury squelched thia attempt upon the liberty and life of the defendant, for had the prosecution prosecu-tion been eucceat ful tho courts might havo found it difficult to obtain capable and responsible oflicera to executo their proceeaea and enforce their mandates, while eociety would have lacked that protection which wise and conscientious officiate alone can give. Men would hesitate to ao cept positions, to perform the duties of which would lay them liable to prosecutions of this character. Looking at this affair in the light of reason, of justice and of common sense, it ia somewhat surprising that the onee should over have been brought to trial, and any serious attempt made to convict the defendant. It astonishes aston-ishes no one that the late United States district attorney should have brought about the indictment of Gen. Burton. Mr. Howard scarcely went eo far aB to lay claim to honor or honesty. He certainly did not pretend to rise above tho disreputable practice of official blackmail. It was generally believed at the time of the indictment, and tho conviction became stronger iu tho public mind as the true character cha-racter of Sumner Howard developed itself, that Gen. Burton had been fixed upon by that arch-corruptioniot arch-corruptioniot aa a victim for plunder. Howard waa too good a lawyer to think Burton wa3 guilty, and knew too much of juetice to believe a conviction con-viction was possible. His official course hero leads to the belief that he thought by holding the accusation over the head of Burton, he would bo able to prey upon his pocket. No ono will charge blackmail as the object ob-ject of tho present district attorney, but it causes general wonderment that he Bhould have oarried the caae to trial and endeavored to convict, A weaker case was never presented, and the prosecuting officer should have known it, and would have known it had he taken the trouble that a fair-minded fair-minded officer is presumed to lake to investigate. We are inclined to believe be-lieve Mr. VaoZile wanted to make a little cheap reputation for himeolf in the action, and uecuro the plaudits of tho aorehesidej whoio laah he dreadp. and whose path he teems so much disposed to follow. This belief is confirmed con-firmed by tho frequent reference in his wordy nnd rambling argument to matters that had nothing whatever to do with the case on trial, and which were not even remotely connected with the defendaut. Bat the prosocuiing officer has been bealou,and justice has prevailed. The most that could be eaid has been told, and General Burton cornea out of tho trial as a person entitled to praise instead of being an object for censure. Even hia enemies happily- they aro lew must admit that no stain of guilt attaches to him, and his action leaves no room for blame. |