Show i THE BURTON OASE t S yma ima a THE tre trial of general robert tj T irton burton which has attracted sa so much attention j for bomeal I 1 me was fitly closed cloned anis m morning g by a verdict of not guilty I 1 which we webe believe will be cordially endorsed by all classes clas cias seig seiS people of thib this te ter r the theonley thenn theon on lek lex exceptions I 1 being a very few fow individuals whose p an ions have no real weight and who are swayed by unreasoning and aud groundless Tf judice I 1 this case presents bome some features I 1 of a novel character the ihira third district court has been engaged in i try trying rig zig one of its ite own e ex m officials tor for carrying out outfits its own mandates and vind the chief witnesses against aga nga lait him were persons whom the thel court had previously condemned for crime coun connected eted with this vely wely very case donot do bol nol accuse the present district attorney with the inconsistency exhibited in this thiis M matter at al although though he is 16 charged by bome some with excessive anxiety to prosecute it ltd t the he last extreme for the indictment against gen burton was found under wider the direction of the former district attorney being presented at the june term of 1876 general burton barton was arrested in august of tbt that year but bat was A balled bailed f in ln bonds I 1 there had bad been boen however a fol foj fot juer or indictment which was found at t fi e ge p I 1 em ben ber te term rm of 1 87 0 b but u t the grand krand jury juny which framed it lt W was ss declared illegal by the decision of the tho united ed states supreme court in the eligie englebrecht case 1 and therefore that indictment was I 1 void vold of ortho the animus that atle prompted r amp tied this thia prosecution pr asep we vid have little to say tha th a the object Au in view low v wa a tho the persecution J of a kroml prominent moi mor thare there la Is little doubt anany inan in an a acquainted UV all with th the la factEr inthe case for there was waa no law to be lle vindicated or j i claim of justice to he be satis batis satisfied nied fied in bringing the tha defendant into court the facts briefly stated are these in 1861 a religious enthusiast generally believed to bo be insane by name who bad hai been a mormon but had been excommunicated for adultery became a writing spiritual medium and in consequence of his extraordinary revelations attracted the attention of a number of kindred spirits spirita who gathered with him toa ton to a place on the weber river rivers north of rny Kay aville known as kington forbe fort here herg a community was formed having all allf property in common doing no manual labor but bu ex expecting pectin g according to the teach inga of bf morris whom they crowned prophet heer peer and revelator and whom they believed to be a re ill ib of moses the hebrew lawgiver that in ja a very short time the whole country would come into their possession they boasted ot of a speedy occupancy of the ho houses housed uses and farms of the cormons lor mons 11 and became so bonfi confident denit defit and ar arrogant as to defy the officers of thelah the law aad and threaten with death any one who attempted to serve legal process M every adry person who coined joined the society had to consecrate all ail his bis possessions to the hd gener alfund und and was not allowed to regain many lanY he desired to i the moans means tilds thus received was boon soon abon used rumors began to td circulate of catt cattle cattie lebe being iud idd lug taken fro from rd the range b by Y the tha Morri bites to keep uhe the them in food charges were made before justices of the reace aud and when the went to jha tb camp to serve servel the papers they wre ivere threatened end and abused alno nuno aldno respect pa paid iid ild to their authority reve beve latsons lat tons lons were now frequently glyen given that waxe were to prepa prepare re them themselves 6 elves f cpr pi mhd enemy that is the pbs pAs who wera expected to marce them and break ethem up aArm were obtained by the mornia Morria ites itea ammunition gathered ular hiar drill instituted un under der one ond guem 1 who wa captai af their forces rifle practice was gad wad dallai carried on at jon lon grange at ada ata A leeg leai 1421 kliu 1 4 ar r mok pol rol k at length they carried affair sto i such extremes that when three men wished to beave thes the clety society 0 they erg were erb brought back by force heavily ironed and confined ith cufr any process of law lay in a 11 jail i imi IM i pro by the Morri bites sites for the purpose friends frienda of the imprisoned Imprison eck men iden laid complaint and made affidavits before hon jeton john T P kiu rini i ney US judge of the thiro thirty judicial district whereupon a writ 04 or habeas corpus was issued by the 0 court and placed I 1 in nalie the hands of judson ii stoddard deputy mar who mho rho attempted to serve the writ may mai 24 1862 atter aten ater after being warned that he would do so at the peril of his ilme life the writ was burned by th the Morri sites who wha sent fimea a message of defiance andin and insult buit suit to the judge i meanwhile the ancar incarcerated mon man were hept kept manacled mana cled in their dungeon after wa waiting walting biting eighteen days with no further response to the grit arit from the Morri sites another corn plaint having been made judge kinney issued another writ of or habeas compus corpus and also a warrant ir tor for the arrest of josepth morris john banks richard cook iJohn john parsons and Klem guard for contempt in disobeying the first writ theme theae were issued to the territorial marshal Man shai or his deput deputies leEL acting governor afo Fuller euiler her uen being advised that armed resistance would world be offered urnis sheda heda posse from the militia of the territory men being drawn from salt county who were reinforced don on their march by about men from davis davia county henry W La lawrence lswrence wreno was the territorial nit rit orial marshal marshai but being boing absent the duty of carrying out the mandales mandates of the court devolved upon deputy marshal marshai robert T burton barton who 0 W with fth ith great reluctance ei assumed the responsibility which he was bound to undertake by his oath and bonds of office on oti the of june sune 1862 gen burton bator i and his hie pose 6 sei sel with two iwo kuns guns uns ano one a alx aix tha other othor ad all eight 1 arrived on od the bluff overlooking tild fort where the morrn Morri siles yle erea encamped A writ written message was bent into the camp commanding dalink the parties panties n named dined in the writ to surrender within 11 thirty 1 minutes and requiring 1 them in iii 1 iane lane roii tage cae of resistance 0 e thomen tomah children nd to los jos lof it 1 i JL au iio lio safety after fully tally two hours spiting without reo teo response a ball was fired over i ma barap ato ilo show that the matten matter i was serious st after teran tn isit interval erval another was waa fired hut but this striking in a plowed nield field rebounded hii hit the corner of a jog log house and thence passed into the boy bowery very where the people wera assembled eem sem bied bled listening to a revelation usurping assuring ring them that the tho mob would come no further and would be destroyed by jy the power of god two women were killed hilled and one wounded the Morri altes then commenced to firo fire upon the with their long range zange tilles rifles and having torn up the floors of their log jog cabins and wiek wick e ups upa dug up the ea rth and threw it against the walls wails wal wai laThey latney They lay in ift these cellars cellard firing through poro port holes hoies atthe at the tho posse thera we were very upon fen pen nen in these fortifications batio ns besides the women iyo iro n 3 and children during the first s t enan da ot 0 tha engagement t jarad jared smith one n af tho the posse poise was killed by a ii lino line ball bail from the fort on the gee see second nd day it rained and but progress was maag made the 10 firing prig being kept uv off tho the for tand another gun gua being brought up from salt lake on the third dak day J jones ones one of ol t the three prison ers bra confined A in the m f ewa ral as ed and came out to the posse as is ald aid jd id several beveral of the Worris ites itts who we were biek sick of the affair all of whom received food and protection from the besiegers A log h houge 9 u ab w was as charged and taken when one more of the posse being boing shot zae tae attempt A anasa map mam of willow willows into the wheels and ax azle axle 1661 of part of a wagon wio was ra relied fled into th the fort tort by a squad of ment mend men and anatlie ahe the Morn sites whose whom rood tood ena ana ammini ammunition tion began to give out frightened at this new implement of warfa recent out a white dlag flag A complete surrender sui suT rander kander was iras required andall and all nil thu the arms were ordered ord erect to be stacked aften after the stacking of tho the arms armb which by the by was only partially complied wll wil with th general burton judson L stoddard and the bugler on horseback and from a dozen id 16 fifteen others on foot went trent into the fort ford when a colloquy ensued between general tand and john banks the former statina stating that all who b hud had hd borne arms arms in the night fight as well as the parties na named radd in the aj i ue vw arrested morris on request wha waa allowed flowed to speak to his people he raised his arms in an excited manner anu anh cried fall who are forame and my godin life ilfe br brin in death follow low me mel mei lii III A made the crying 1 I I 1 alid arms ito arms lija portion of them made for the stacked weapons and Morris advancing was ca called nod ned upon Ae several veTal times by gen burnon burton to haftl tM As lie lle paid no to attention gen bureon burton seeing that it wasa critical moment und and that those werf ware we re with him were vagie in I 1 imminent danger cried his pistol twice at morris jf stoddard also fired two arl or three shots when gomb comb of the costee on the east eat of the fort commenced shooting butger but gen burton raising himself in iv nis ais stirrups cried out cease fi ther the danger was past morris Morr Islay lay an on the ground dead and Janks Banks mort mortally dlly wounded ails anid arid two uvo ewaller and mrs bow man wha had moved forward forwar dat at the enil call bf thein their leader were also kuiee the Morri sites were we re now entire entirely Y subdued some tried to td escape by fording the river but most moat of them were captured men were taken to the burton camp and the and children were supplied with food during tha th nut banks died next morning the prisoners 91 gi 94 in sr the glie tha rest having been released were taken to bait salt lake city and brought bufore judge kinney who admitted allbUt all nil but two to bail ball subsequently over ninety of them were indicted by the grand jury for resisting the and ten of them for the murder of jared smith A fong jong trial followed at which sixty bix bix six appeared aphea red the rest having de camped from the territory the jury assessed a nine fine of one hundred dollars against each of thosa tried for fon resistance the lowet lowest penalty under tinder the law seven of the ten were convicted of murder in the second degree degreg five of whom were sentenced to imprisonment for ten yearb years each one for twelve anu and an for fiat fifteen obit vere vero had a au united tadd and the was gued wiled xi 04 but stephen S Har harding dingi os of infamous memory by that feat time bov rov gov arnov bf utah pardoned them nil all three thre days dayA itter after and turned them loose ithe com 1 UIs 1 J liaf finally general P E connor conducted a number of them themy under a military escort to soda springs I 1 where some bome of the them sm remained and others scattered beatter ed abroad gen burton Bur torr torf was complimented by acting governor fuller and by judge kinney mundy for lor the able sagacious and successful manner in which hohag he had discharged his dut duty with so little loss losa of life the verdicts in the MorrI ite alte cases wes were fully approved and endorsed by the judge before whom they were tried as appears of record in III the third district court and the grand jury at the april term of the court unanimously denoun denounced ced the action 0 the governor an inythe the pardon of the criminals the judge fully endo endorsing ising the report af 6 the grand jury after seventeen seven beven teen years the officer of this same court who atthe at the ilek riak of his life enforced its commands was pl placed ced at its ita bar charged pitr with walle in the discharge of a duly duty for fat which he had received the thanks and compliments of the court he was accused of killing mrs bowman wilfully and maliciously those who have read the testimony can perceive upon what a shallow foundation the tile the oryl of the prosecution was based and recognize the fallacy of the contradictory reminiscences of tho sedel ded persons who some soffe of them being in their childhood when the affair occurred ed ad the ohe name ot eurton barton with all nil al their troubles because be bhe va was the leader athe vosse posse in their minas minds all ali the killing jburton wa was on foot and on horseback at the same ume burton separated the men and women burton did 0 very thing h fiig athey they have talked the f ma matter tt er over oven V e j for or years and all that in anthe the excitement of th the 0 shooting has bas been attributed by them to eurton barton we WO cannot blame them much for these mistakes let the odium of this needless and foolish prosecution rest rist upon those who have worked it up and caused those poor bez hez benighted beings id 16 state on oath things that exl existed exi sated only in their fevered imagination imaginations si we donot donov believe that khat auy any one who knows anything of gen burr ton believes for a moment that thata he aslia ti i bella bowman it would be an act contrary to the spirit of 06 the man and in Jn opposition to of his bis whole life people ol ay eyer ory shade of ho opinion are glad of the lilg verdic land tand openly offer bilt today their congratulation congratulations a at 10 hia dei del 11 verAnce liverance from the threatening ich have huncov hung dung ar er him bim we join in the fo for tor r years good feeling sor fon for I 1 the lie ile vin vindicated I 1 maa man is an jim honorable ombie benema ge nema whom we e aro gim proud to lo kown IOWA own owr as 84 a friend and j r r bobert bob nobert robert ert ext T Burton barton has baa had a landfair and fair tri trl trial triai alsand and has been beell most ably defended the prosecuting ni attorney I 1 and his istatt assistant istA qt did their level levei best beat to colly let iet him 1 but have failed judge michael rh shaffer affer presided with calm ka and aud impartial wisdom and his bis charge was waa onti entirely rely free from bias rne the cne jury ury took plenty of time to duliba d either to the bes inform mation matlon were agreed at an early hour with three exceptions which were vero gradually reduced toone to one i tuii aua ana after fot tot forty bix six hours patient consideration erat ibn ef vf tue tae case CABO they PP uphee ite ito cordially in their verdict exonerating and acquitting the tho defendant defendants thus another accusation which has hab been unfairly made against the ff mormon people has leen been examined arnin i ed and refuted in a short time tha the capital stock of our cal will hae become entirely exhausted and a adventurers W will ill lii nind find no old mormon nion oli oiA outrages left from froni which to political capital or work up hatae |