Show GEN BURTON IN COURT A brief session of the third district court was held on the afternoon of mar 1 shortly after 4 the business was to deal with the case of gen R T burton against whom there was an indictment for living with more than one wife between january 1 1885 and september 1 1886 the defendant was arraigned and pleaded guilty to the charge of unlawful cohabitation F S richards attorney for the defendant said if your honor please mr burton desires to waive time for sentence and to receive the judgment of the court now before sentence is passed however I 1 desire to call the courts attention to a few facts pertaining to this case the defendant is ie over sixty eight years of age he married his bis last wife in 1856 six years before the passage of the first act of congress forbidding the practice of polygamy or making it an offense W his is families milles Eh have at all times lived separate and apart for several years past and prior to the finding of this indictment I 1 believe he be has lived with his first wife only he is a man of good standing in the community and has held several important positions which lie at all times filled to the satisfaction of his constituents 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 grandeury gran grand jury djury and give that body all the information within their power judge sandford how long did you say it is since he has lived with his second wife mr richardf Bic hards he has lived with none but his first wife for at least three years past the condition of mr burton bartons Bur tons a health is anything but good he is a man who in the past has never shrunk from dan danger when he could serve anjer and protect others his expert ence with the indians in the early settlement of this place is a proof of this and to his labors in this regard is perhaps partially due his present ill III health As I 1 said before however his health to ie very po orand if imprisoned for any length of time it would have a bad if not a fatal effect upon him I 1 have here a statement signed by a number of non mormons cormons Mor mons which I 1 wish to read judge sandford you may do so and hand it to the clerk mr richards the paper is as follows we the undersigned undersigner under signed resi real dention dente salt lake city respectfully represent that we are personally acquainted quain ted with robert T burton of said city and that we have known him for many years we take pleasure in stating that mr burton to is a man of high character and excellent standing as a law abiding 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 0 sitione ga of honor and trust and has s discharged the duties pertaining thereto with honesty fidelity and ability that he is sixty eight 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 a light penalty rather than a severe punishment and we therefore ask ash the e clemency of the court in mr burtons bartons Bur tons behalf this document your honor is signed by robert harkness B R C chambers john E dooly thomas marshall 8 J lynn T R jones byron groo J Q G sutherland and 0 A palmer had I 1 deemed it to be necessary I 1 could easily have secured at least a hundred more but these I 1 think are sufficient to show your honor the estimation in which he is held while mr burton has been honored with civil positions he has not been forgotten so far as ecclesiastical honors go and today he is one of the presiding bishops of the mormon church I 1 mention this latter fact your honor not that it has any particular lu ri bearing upon the case but because of a desire to be frank and fair in the matter judge sandford mr peters what has the government to say mr peters I 1 am not acquainted with the gentleman the gentlemen whose names appear on the statement are men of the highest standing and their recommendation doubtless should have weight yet the defendant is an intelligent man and must have known that he was disobeying the law he cannot plead ignorance as he might otherwise judge sandford there is no dispute then as to the facts mr peters no I 1 believe bell eve the defendant was appointed to an honorable position by president lincoln judge sandford Saud ford what was that MrK mr richards ichards collector of internal revenue he held that position until the office was abolished judge sandford I 1 have no doubt that the ends 0 of f justice would be served ed without inflicting a severe punishment what have you to say mr peters as to punishment mr peters I 1 do not see that it is a case in any way different from others judge sandford have you anything to say mr burton I 1 mr burton yo no sir judge sandford well in view of the testimony before me of the gentlemen mentioned your age and health I 1 think justice will be satis fled without any imprisonment you will be sentenced to pay a fine of and costs coats I 1 hope we will not see you here again if you do appear the sentence will be heavier mr richards it is quite possible 0 I 1 ble your our honor that you may see e M mr r gurtov burton in court again his business frequently calls him into court but when he comes again it will be in id a different capacity |