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Show DAILY TRIBUNE. ——@——_ PUBLISHED The Tribune WEEKLY. BY One Publishing Co. —_—>—_—_—— Lhe Tribune SECOND SOUTH Year, (postage Srx Montss, Turrs (INCORPORATED) Osice;: TRIBUNE. aay ; STREET. TERM prepa. ‘“ Se REE ea $3.00 ene he oes Monts, THE Building, eee ts FRIBUNE BSD JOB 1,7 Pst a eee 1.00 OFFICE. is the most complete in the Territory. . It has been recently fitted with all the latest and unique styles of Type, Borders, Cuts, ete. east the Prosecution, —_@——. Who Conelude Their Testimony and Rest. eS eee ass The Documents on Which Rests His Defense. Particulars of the Siege of Morris- number ing. the usual The prosecution mo:n- continued the introduction of their testimony. JAMES BOWMAN was re-called and testified: When I was on the stand before I said I was made a prisoner after the fight and was marched behind the school house, and that while there Burton came by This was very. us. He was on foot. soon after the shooting. Cross Hxamined. was behind school house when I was wife being shot. It was told after the of I my left the wounded man in the middle of- the fort. I had not heard of my wife being shot untill was told so when last week—perhaps who was said to then have seven living husbands, and I wished I had not married her. She was always a Mormon. ten or fifteen moved to the Burton camp soon being captured. I had a talk Burton. After she leftme, 1 Soda Springs after the away about to Brigham wee frequently read, the 80th of May, I al was think. shot by Burton, the fall. ton. shot at him, butI was toldt loaded him him to Salt Lal h bition, of. him. th. of ool Sor numbered I never counted I saw them all during the cam- aignI was not inside the fort when the surrender was made, but was there after the shooting occurred. Excused. W. H. HUNT I live in Salt { recollect the Morrisite difficulty. 1 was there. I was in the artillery, [was captain of 10. I looked at ihe gun after it was sighted. We had three guns in all— of the attacking forces. went over the camp The first shot and struck on the = other side in the river bank. We were ordered to fire a gun and we did so. cannot say that we were to fire} at the bowery. The second shot was aimed at along house in the fort. I did not see the effect of the second shot, as I did not see where it struck. We ‘fired the twelve pounder first. That guna had no sight on it, so we improvised a wooden front sight 2 nnd used a knife for the hind sight. T looked over the gun after it was sighted. Major Ladd, > I believe, sighted the gun. All the guns were brou ght into ‘action, one at atime. .We did not use them ver y often, but did not lay them up because they were over-heated. There were three or four hundred of Burton’s men, J should think: There were fifty or sixty artillery men. Cross-cexamined. We took with us one piece at first, and then sent back to Salt Lake for others. We took the long black gun first. I can’t say that the other pieces arrived until the 2d day. The orders were general to fire the first gun. Major Ladd directed us. T don’t know who gave him the order. That was the first time J was ever ina battle, and I did not know anything about a gun before that time. Excused. PHILIP HEWETT. was called and testified: I live in this city, in the Twelfth ward. I was in the Morrisite camp in 1862. I was a Morrisite. was there when Burton attacked the camp, which was on the 18th, 14th and 15th of June, 1862. They were on the hills south of us. of the attack was render was made reed that day. was last day there. I had been wounded in the shoulder on Friday, the first day. I knew Burton at that time and had known him before, for I worked for him at the court house sawing wood. ying nearer the. Morris stood I can’t say how I belonged to the Mor- mon church when I worked for him. All the Morrisites had been Mormons. { knew Mrs. Bowman and Mrs. Swanee, the latter of whom could not talk Eng- was recalled others, follows: them up. We neither fear nor regard any Gover-. only one lish as well as I could. She was a Danish woman, and I heard what she said after Burton shot down Joseph Morris. I was in«the cellar of a log house when the surrender was made, and got out of it with the others. The ti 2M. he had shot Morris three times Burton cried out: ‘WHERE IS YOUR PROPILET NOW.” Just then Mrs, Swanee came from the 10, 1862, Allen, who the of kept the said? William Jones and John” not to do any <lemguard me ites leavin g or anyone coming in from whom Judge of the Third Judicial District of Utah. fh avaunie for the arrest. of Morris, and around armed, and tobe sort of kings whose words should To Henry W. Lawrence, Esq., or Robert ~ T. Burton; Deplty. greeting: Whereas Philo Allen, of Davis coun- be law unto all the nations. I saw one of their revelations at my brotherin-law’s house, which said that the “coming” would be in “toothray days” which was translated by my brother- ty and Territory of Utah, hath this day before me that on or about the first day of -May, D. 1862, in Aheey of Davis and aA. erritory.0 one porn ors ard Cook, John in-law to mean two orsthree,days. It is a Lancashire phrase meaning tw) or three days. But asjjthe coming did not happen i in the given time, Morris said it was a mistranslation, and he tried it over, postponing by revelation the anticipated event. he “fore: shadowing’’ I saw Morris coutel emguard did ne and without lawful thie nd against the will f William = J and Jobn Jensen, and have kept them in lows confinement ever since. Therefore you are hereby commanded to arrest the said J meph Banks, Richard and Peter Klimgard, in your baliwick, and me forthwith at the Gre it Lake Gi y, ants, if they inténded to do so, to obey the mandates of said writs and ‘produc but “f= was’ not close ‘enough to hear what was said. They were drilled as. other ___soldiers are drilled, having competent Morris, John Cook, John Parsons if they be found haye them before court house in = and there to officers, half a mile shooting. ict Court 10th day anes and- d_ now Third District Court, Utah. attached. Attest Officers The defense offered in evidence the original writ of habeas corpus issued by the Third District Court, dated May 22, 1862, commanding Morris to give up gons and have the bodies of Cook and Klemguard now before the court, I was living in the Morrisite with my own family. I lived I was there in the eamp There [Partial return.| Monday, June 16, 1862. from the outside, tory of Utah. Srr: Pursuant to a certain writ issued by your Honor, and instructions by you and the Acting Governor, Hon. Frank Fuller received, I succeeded, by the aid of a strong military force, In arresting Joseph Morris, John Banks, John Parsons, Richard Cook and Peter Klemguard and_others, and in doing so the former (Joseph Morris) was instantly killed, and John Banks was mortally wounded and died this morning, between 1 and 2 o'clock. It will be ‘impossible for me to keep the bodies until I return with my posse. I therefore send them to you by Mr. Albert Dewey in compliance with the requirements of said writ. Mr. Dewey will attend to any instructions you the marshal in regard to their interment. Respectfullly, EL: AWRENCH, Marshal, By &. T. Bur ron, Deputy. The affidavit of Hans O. Hansen was then offered, asking, on behalf of William Jones and John Jensen, for a writ of habeas corpus for their release from jail in the Morrisite camp, as folTreRRirory or Ura ie : Great Salt Lake County j Before the Hon. John F. Kinney in Chambers, personally appeared before me, the undersigned, JJohn F. Kinney, Judge of the United States District Court in and for the Third Judicial District for the Territory of Utah, the 9th day of June, A. D. 1862, Hans O. Hansen, a resident of said Territory, aged 26 years, who being duly sworn accordining to law that he appears deposeth for one William Jones and and on and saith behalf John of Jensen Banks, rived within 200 yards of said camp he was met inthe Jane leading to the camp py 12 men, who passed by him snd formed snd) halted, some of them haying - ne As affiant proceeded to the , he encoun oA about. 60 n a of them arined with guns, I aa swords, who retreated as affiant advanced, and formed in line around | | { Richard Cook, John Parsons and one Klemguard. Afilant farther saith that the lives of the said William Jones and John Jensen are continually threatened, and unless speedily released afiiant verily believes they will be cer tainly murdered. Affiant there makes this affidavit for and in behalf of the said Jones and Jensen, and prays that a writ of habeas corpus may out and did not ros of a band in companies of twelve men led by a captain with a sword. never saw Burton’s men mancuvre. Burton’s men were in active service, but the Morrisites were peaceable. Deputy. could by you and the Acting Governor, Hon. Frank Fuller, received, I succeeded, by not say that the Morrisites anything to do with them The witness was excused and the court adjourned until Tuesday morning at 9:30 o’clock. the aid of a strong military force, in arresting Joseph Morris, John Jobn Parsons, Richard Cook Peter Klim one In doing so, the Morris, was ” instant] Banks mortally and former, oti killed, wounded Tuesday’s and my posse, I therefore send them to you Hon. J. F, Kinney, Tudge of the Third Judicial District Court of the Lerri- give when seemed by Mr. Albert Dewey ii compliance with said writ. Mr. Dewey wili attend to any instructions you may give se Marshal in regard to their interment. ea ly, {. W. Lawrence, Marshal. By R. 7 Burron, Deputy. The defense called Hans O. Hansen, who testified: I lve at Hyrum, Cache Cau J lived at South Weber in 1862. I knew a place called Kingston Fort, occupied then by the Morrisites. I lived about three-fourths of a mile elow the fort. I recollect when Bur- ton was there with his posse to make certain arrests. JI was in the fort frequently, and was acquainted with a good many of the Moarisites. They were engaged in nothing but religious affairs. During the winter not much of anything was going on, but in the spring they commenced drilling. noticed seven companies of 12 men each, who were all armed with guns. Proceedings. HANS OAKASON was called and testified: I was in the Morrisite camp in 1862, when Burton attacked it, and wasthere in the fall preceding. <Arevelation was read to the people in the winter, and the arms were delivered up to Klemguard aa were all kept in one building in th south of the fort. They were ico there a month or so, when they were removed to a building behind Morris’ house. When the people had occasion to use the arms, Klemguard let them out. Afterwards it was revéaled that if any one should: leave the community, he should be first required to pay his debts. When a new member went into the order, the revelation came that all his property should be given up, and if the bishop called on any one having property he should give it up to the community: Provisions brought in were kept by the bishop and distributed by him. No man or woman should leave and take his property away, and d= whatever he drew of was charged to him; and when he left Bookh in aliits branches cuted at reasonable BINDING, neatly and premptly rates. hobs rears. feared them, | tee The community prisoners who were confined in camp | the law. at that time rely a ae ae an ee Xt > ie Se es. we ee er oe state what d a 1a y 5 € ‘ oF cee a y Lot Sea mith | dard is now dead done. ° Banks as handed a paper. ae — d ee oe which he tore up and got very hot as he spoke. I was.one of the guard, and was there when Burton’s force broke up the- Te When Burton’s forces came I met the boy in the south lane with the letter from the Mormons, which letter TI. asked him to let me see, but he refused. So I followed him to John Banks’ house, when the letter was delivered to Banks. A lJargenumber of people had gathered around, but Banks sent them home. went also and chan ged my clothes, and soon after I returned towards the school house, when the band turned out and was playing. They soon stopped, and then the bugle was sounded for the Motrisites to gather at the bowery. They came in from all directions, men, women and children. The usual religious services were commenced in the bowery, and a revelation was read, saying the people’s faith would now be tried, and those who remained faithful would be saved. Richa:d Cook stood up and said a letter had been sent in, but it was not in his possession, and he did not state anything whatever of the contents of that letter. Banks, Morris and Parsons were sitting right there. When Cook had spoken these words, a solid cannon ball came into the bowery, killed two women and wounded another. Richard’ Cook told the people a be quiet, but they scattered, and then he told them to°sp home. “About 15 minutes after that the bugle was| sounded for the soldiers to rally. ae been home, but had left my house nd was lying in a ditch, when the pulls was sounded for us to rally, and I went to the place where the arms were kept. I understood that Burton’s force wanted to arrest five men and release the prisoners. The people id not know what the real object of Burton’s presence was. VowWase oc Gs Stods eee a nee oie exe- ee cae ae Klemguard did not tell the troops what they were to do with the guns. We had hada revelation to give up neihine, and, we were all inclined to obey e were all sworn to stand by it. 7 was there the first day and served in the northern part of the camp, but there was no protection for me and I went to the northwest corner of the fort. There was firing back and forth between Burton’s men and us. They surprised me in an out-house and took me _ prisoner the first day, holding me until the difficul- ty was over. When our guns a were given to us by Klemguard. he told us o defend ourselves, and to defend the cae, Cross-examined. 1 got the orders from Kjemguard to defend ourselves. Those were all the orders I heard. The guns seemed to have been numbered, but I don’t remember what company I hae longed to. I can’t recollect whethe the companies were numbered or let. tered. Ican’t tell who my captain was, though twice a day. we sometimes These drilled companies were all drilted by the same tactics. Klemguard was the head captain, but he was not the drill-master. seemed to know the most drill. One about Our army consisted of Lee the eighty- four men and seyen officers, and the head captain—in all ninety-two men, and this army of seven companies, was the army which was engaged in resisting Burton. One of our canine had given up, and so we had_ only ninety-one men, who did the oie ant say how many men Burton had, but probably 490 or .500. They were scattered all around our camp, and we were scattered some, too. I followed the boy with the note down to the headquarters, but Klemguard and Banks were the only leaders | saw I did not hear the note read. I there. d ion’t recollect seeing Bowman there. probably stayed there five minutes until then that they had a — every night. I can’t say that ee ected | {and then Banks. fold us to disperse, dna. mithe outsidé. Ted reas “TNOUTt aruL exactly ©‘as toyed ae Freee y drill; they had arms and a regu- clothes, thinking something was going Jar drill. ‘They marched to the music to happen. The band was “playi ing the this morning, “between 1 and 2 o’clock. It will be. impossible for me to keep the bodies until I return with Camp No.3, East or Krneston Fort, } may of thought the world was coming to an end, ‘and that all the enemies of this Judicial District Court of theTerrisect were to be destroyed supernaturaltory of Utah. iy, and not by the physical exertions of Sr: Pursuant to a certain writ is men. I can’t tell what the faith was, sued by your Honor, and instructions Baty what I have told. I never had Great Saur LAKE Gene a une 18, 1862. | John died who are unlawfully confined and imprisoned so that they cannot make the affidavits themselves in peison. Affine further saith that he has been livng for some time past at a place dailed South Weber, in the county of Davis in said Territory. That one Joseph Morris, a person claiming to be the head and president of a curtain religious sect, known as the Morris. ites, “resides there. That some five or six six weeks since (date not. re-called) the said Willaim Jones and John JenOn this 10th day of June, A. D. 1862, sen having Jeft said Morris’ sect at personally appeared before me Judson said place, that soon after some twenty L. Stoddard, who on oath states that as Deputy Tervitorial Marshal on the 24th men from said Morris’ camp pursued and arrested said Jones and Jensen, day of May last be was directed to serve and took them back to said Morris’ a writ of habeas corpus issued by Judge camp and imprisoned them both in an Kinney, directed to Joseph Morris, old log house (heavily ironed, and uaJohn Banks, Richard Cook and Peter a strong guard both day Kiemguard, who, as was alleged, had der and night, and no one but the guard alimprisoned William Jones, John Jenlowed to spgak to them, and are threatsen, and Lars Christian Gurson, and ened with instant death if they attempt had them .confined without any lawful to escape. Affiant further saith that authority; that in pursuance of his said William Jones and John Jensen authority he proceeded on the 24th day are both illegally, unfairly and mailof May to the place Known at Morris’ ciously imprisoned, chOut warrant or Camp, in Davis county, in said ‘TerriEy legal process whatever, held and tory, to serve said writ, in company unt lawfully depriv ed and restrained of with two men selected as assistants. theit liberty by Joseph Morris, John Affiant further states that when he ar- the house occupied by the defendants 40 years 1862. permitted me to go on; before Camp No. 3. East of neon. Both } Monday, June 16th,1 \ Hon. J. F. Kinney, Judge of a Thind Banks and Morris having been killed on the 15th day of June, 1862, in attempting a strong” armed resistance to the execution of this writ as per partial return of this writ on the 16th instant, a copy of which said partial return 1s hereto attached. HH. W. LAWRENCE, Merri sa Marshal. | Per R. T. Burron, Deputy. had am age. camp they expected harm June I 62. _W. Lawrence, Marshal, per |. a ae (Retur P. Lynon, Clerk. Burton just before he killed her, and that I did pot know it of my own knowledge. I dont remember John ane, the painter, being present at that conversation, in to be no disposition on the part of the body to trouble me. My trouble was with only two of them. . 1 understood ‘ = a re rit a copy of itch "partial Yr Third Judicial District Court [SEAL. | ih 1ith ie of June, A. DD. 862. Joun F. Kinney, J udge. Bowman said to up to practice target | stayed until the captain came Tuft’s saloon is in this city. 1 know William Foulger, and had a conversation with him one evening last weck. I don’t remember talking about this prosecution, particularly. I did not tell Foulger that I had only heard the - distant they were broken u at of of (Returns on the above). - TL return this writ having duly served the same upon the within named per- Mrs. well poet from what class of persons I don’ t ‘kno was frightened when ‘the e sai ae pointed the gun at me. “halt, who comes there.’ I halted and for that conversation during the shooting DAN CAMOMILE was recalled and cross-examined. He testified : now where Morton & story of ‘what seemed there from November, 1861, to October, OHN I. Kinney, al District Court. was they Cross-evamined—I to law, and hel ‘this writ with Perna Hereof a. n and: and the business. - They used to go about ig te said John Jens the fort. They were were drilling, as if preparing for war. The “foreshadwing” was to represent’ the coming upon the earth of a supreme being, ‘and certain of their men were Trerrirory or Uran, Great Sait Lake County. { — oath was the sided there at the time. They occupied their time in promenading around and Klemguard, 2, was offered in filed a complaint on they expected harm. only person not of their faith who re- 0 Woo res one of. thvir cows out of field, as the crops, he claimed, belonged to the Morrisites. That night [ tried to go home from the Morrisite fort, but a guard stopped me and another man. The captain of the guard came out and we were finally permit ted to pass. Afterwards I was stopped again inthe same manner. They hac a guard every night to prevent Morris- that the Sworn and subseribed to before this 10th day of June, A. D. ee lag judgment _ dam Trough > mitha matter herein charged may be inquired into, and the said parties deait with according to the statute in such cases made and provide Puito ALLEN. . Coo M0, 0, one Fork We iia eee because he rt ib ever had no right to turn his cow out of my y ironed against their will. efore i $ that a writ may id Joseph Morris, : ohn pane Richard Cook, John Par- J. F. Kinney, “judg re. work, as the have. close imprisonment Peter na day .wasnear. They were not peaceable and orderly towards me. I under- etx ‘< to sons and They Te another. They had their property in common The explanation of their idleness is that iey were ou _The defense here oftered in evidence the writ issued for the arrest of Morris and others for contempt in disobeying the firstzwiit of habeas corpus, which warrant is as follows: of ing and drilling. against the wiil and John Jens William = Jensen I was farming land which lay north of the fort. I went there in April, 1862. I was not one of the Morrisites, I had friends who lived there, and were Morrisites. Mark H. Forskett was my brotherin-law. He was Morris’ clerk and the translator of a revelations. They were engage meet- on oath first day armed and are drilled every day in the the oe JAMES UNSWORTHL called and testified: I live in corner. use of arms and in military service. Affiant further states that he resides in near proximity to said camp, and he is well satisfied from the defiant position of said Morris and others, it would not be safe for any officers to attempt to serve any writ without a strong posse of men well armed to assist in executing the process. (Signed) Jupson L. Sropparp. Sworn to and subscribed oe me this 10th day of June, A. D. 1862 TERRITORY OF UTAH was Hyrum, Cache county. I lived in the Morrisite fort in 1869, in the northwest OF UTAH,} states that on or aboul live to enjoy my building. Iwas there when Burton’s force came in. Excused to be recalled. This day personally appeared before me, John FE. Kinney, Judge for the Third Judicial District Court for said Territory, Phile “Pi eace an d prosperity to our friends; | death and destruction to our enemies,” and witness recognized the motto as | the one read-by him on their banner . The Morrisites were threatening, especially towards the latter part of their stay. Their belief was that when the time of their deliverance came, the Gentiles would never live to come in sight of their camp, as they would be struck dead. I was told that I should never live to reap my crops, and they laughed at me for building, as they said I never would as May, D. 1862, in the county of Davis and Territory: of Utah, one Joseph Morris, Joku Banks, Richard Mrs. Bowman and Burton, and the case utterly fails. There was not time contempt. They burnt It, and sent word back that the Judge was a horse thief and a robber. There was in Burton’s hands, when he left here, a writ for the arrest of Morris and others to be brought into court for contemot. Such representations had been made to the court and the Governor, as seemed to demand a large posse to serve the writs. Jones ¢ wo others were in jail in the Morrisite camp for apostacy. Morris had received a pretended revelation commanding that they should be destroyed as hypoc rites, and they were then only awaiting another, revelation to kill Jones and the other two men The Morrisites were oS and were shooting at a target made the size and shape of aman, and when the revelation would come Jones and his fellow apostates would be shot. Joe Morris abownded in revelations, and according totheir peculiar faith they were to measure ane. with a oF le world, who would be sw up. This camp was aterror to ne ouanc od, It was in open rebellion, theoretically and practically, to the laws. It was a camp. June it with the greatest contempt, and some one of them said that no more writs should be served in camp.. Affiant further states that from reliable information there are in said Morris camp about 100 armed men; that said Morris and his deluded followers have placed themselves in utter defiance of law and legal atithority, and with a view of defending themselves against the service of any legal process, they are weil evidence as to the’ conversation between to correct his testimony fort, a fortified Sale Great Salt Lake County. j °* treated it and the authority-that issued the body of William Jones and the two as to the Herald’s report of his position other men in his custcdy. The followat the time the shooting occurred. ing is a copy of the writ: That paper had reported him as standing east of Morris, when in fact he was TERRITORY OF UTAdg, ) standing west of Morris; also that he Great Salt Lake County, gs. did not see horsemen enter the fort, but Third Judicial District. footmen only. There were frequent 'o Joseph Morris, Richard Cook, John accessions to the Morrisites from MorCe and Peter Ki lemguard. mon settlements. I was on Burton’s You are hereby commanded to have right, or west side, a the time Curing the bodies of John Jesnen, Louis the shooting. Christian-Gurson and William Jones, MLE PROSECUTION TERE RESTED, y you detained as alleged bewith the understanding that Mr. D. fore: me; *. Kinney, Judge Camomile should be further cross-exof the Third Judicial District, amined when he could be brought into in. and. for. ihe said. Territory, i | court. at the Court House, Great Salt Lake THE DEFENSE. City, forthwith, after being served with this writ, to be dealt with accor. Judge Sutherland then opened the ding to law and to abide such order as case for the defense, by addressing the the Judge shall make in the premises jury who had heard the indictment and have you then and there, this writ read, and had listened to all the testiin the mony of the prosecution. The duty of with a return of your doings pees the District Attorney is to present | the SFAL.| Joun F. Kinney, whole truth in the case for the purpose joa Thin Judicial District Court, of getting a conviction. . The prosecution had failed to inform the jury that U ta Attest: Patrick Lyncg, Clerk. Burton was at the Morrisite camp as Great Sat LAKE Crry, May 22, an officer with writs to Serve on certain persons W ithin that camp. The opin[Endorsed as follows on back a ion of the prosecutor is neither the law writ:| nor the testimony. He is bound to seTerritory or Uran, } lect all the eye witnesses to the facts Great Salt Lake County. § sought to be established, in order to I return this writ, having served the make out a case. Counsel read an opinion from a same by reading it in the hearing of the within named parties, and also by Michigan report, holding that the leaving a certified copy of the same in prosecution has no right “to select a | their presence ae 24th day of May, portion of the facts for proof, in order 1862. 1. W. LAWRENCE, to get a conyiction, but must take all Per Judson L. stontdard Deputy Terriihe evidence attained in order to secure torial Marshal, Utah Territory. justice, whether that evidence tends to Henry W. Lawrence or Deputy Teracquit or to convict. ritorial Marshal is ordered to serve the The prosecution had selected onewrit and take such assistance as he sided testimony, a batch of lunatics, may deem proper. and those who were children. There J. F. Krsnny, Judge. had been no necessity of selecting this class of witnesses, for there were pres. J hereby oe Judson L. Stodent 400 or 500 witnesses. dard to serve a writ. General Burton in 1862 was a depJ. W:LAWRANCE, uty marshal. He was one of the exTerritorial Mars au Uiah Territory. ecutive officers of this court. He hac The prosecution offered in evidence writs fof habeas corpus against Mortis the affidavit of deputy J udson Stodand others in the Morrisite campt dard, setting forth in detail his service bring William Jones, in prison in the of the above writ, as follows: Morrisite camp, pefore this Court. The TERRITORY OF UTAH, | co writ was served on them nearly a Great Salt Lake County. ie mhnon pefore, and they treated it with Morrisites were gathered together in front of the school house then, and I went down there with Brother Morris. Burton was on a horse between the Morrisites and the school house. He raised up his head and shouted, “Joseph Morris, where, are you?” Morris stepped forward and asked: ‘“Gentlemen, what do you want’? Then Bur ton said: “Will you give up, give up, give up?” at the same time firing three shots at him. Brother Morris replied: “J will never give up my principles; they are eternal truths,” and that is what he meant when he said he would not give up. Burton could have taken Morris without firing a shat, if he had pleased. The arms of the Morrisites were oe behind the school house 1 body of Burton’ 5s troop was dated TERRITORY nor, Judge or law, except our own law and that we will maintain.” Affiant further states that. the defendants would not receive a copy of the writ or the original, but Pe pis ceased: an hen feline Burton made his Dine oe was thanked by this court. Strike out the Session. MR. JOHNSON One volley and And The affidavit of Philo Allen was put in evidence asking for the arrest of -Morris, Banks and others for unlawfully detaining William Jones and t eg he Sunday. The surat 5 or 6 o’clock of Afternoon or give to law. Judge Third Jadicial District, “Dish You leave and tell Judge Kinney to do his best to enforce it. We will not reprisoners nen ak He said that they would not obey the law; that they neither feared nor regarded the writ nor Judge Kinney or the law. lease the with June 9th, 1862, at Salt Lake ae ‘them, John Banks appeared as speaker for himself and the other defendants and used the following language: dealt further affiant: ae not. : _ Hans O. Hansen. Sworn to and Ae eck before me Pees far women jay from the school house on Ee Saw. no other man core: back, except Burton. iT heard five shots fired, three at Morris and one each at the women. I have been deaf ever since I was a boy. T should think I was only about ten feet off Morris when Burton shot him. The prosecution stated that they had one witness more to put on the stan but would rest now, if the defense would permit his testimony to be put in when he should arrive in the afternoon. The defense said they were not quite ready to commence their case, and agreed to an adjournment until2 p. m., When the prosecution’s testimony could. be com oe This being the arrangement the Court took a recess for two hours. an old black iron rifle cannon which was a 12 pound piece; the old sow and a brass howitzer. was there the first day of thed ifliculty. I was acting under Maj.Ladd. Gen. Burton wasin command tened to by said defendants. After said writ was read and a copy tendered commanding ng the the | said Joseph Morris, John Banks, Rich- | arsons and "Klemard Cook, John guard, to produce the said William | Jones and Jolin’ Jensen before your onor forthwith, and to be further & meas: than. where Affiant | issue by-your HBnor i yy approached g of th e | said Joseph Morris and the other de-| fendants and said to them that he had | a writ of habeas corpus issued by Judge Kinney for the release of the persons they had in prisun, and proceeded to read the writ to them which was lis- fired, lasting not more than five seconds, C and Burton’s men all discharged their pieces. The result was the death{our Morrisites. The intentio#ii was a shoot Morris and: Banks and no ene hers were killed. accide: ~ se force. | in said writ of habeas corpus. ‘ to within hearing to the siege of the camp, the arrest of the leaders, and their return, to this court. It can not be presumed that General Burton went to the Morrisite camp to kill Mrs. Bowman, for he did not know that there was any such person, and there can appear no previous malice. Burton had been indicted for killing Morris, but for some reason or other the prosecution had seen fit to pass that case. There can be no question that Burton was there; that Morris, Banks and the two women were killed, and it only requires a slight change in the evidence to change a justifiable killing to a murder. Counsel seemed to question the correctuess of the testimony of the witnesses who swore! that Burton killed Mrs. Bowman on the slight provocation of her simply calling him a murderer. A man that would or could kill a person on so slight a provocation, would be a brute, and the jury could not conceive the defendant to be such an individual. Every man’s life is harmonious with his character. Counsel invited the attention of the jury to the even temper of the defendant, in order to guide their judgment on that testimony. The theory of our defense is that the posse went to the Morrisite camp and informed :them of what was wanted that they must surrender. After waiting two hours or more % cannon shot was fired over the camp to give the besieged a more emphatic warning, but shot. T never saw. Morris’ “body after Bur. ney had, as I only saw Fourth ward. MEADOWS ~MAS- then said: “You women and separate yourselves from the But they did not obey until Parsons told them to heed the Then Burton said: “Brethren, duty,” but the brethren did not they would. wen they were brought down in was called, and testified: EB and by the surrender was a mere pretense; that Burton, who had only fifteeen or twenty men with him, was likely to be overwhelmed by 100 armed Morrisites. It was necessary for him to act promptly. He commanded the Morrisites to halt, .and repeated the command which was not obe until he fired. There was a general imovement toward the arms, and Morris was - do their datyatbengh we Pxpected that wagon—perhaps a wagon box full. “could not say - T rode in the wagon. ‘positively how many there were—perhaps fifty. Maj. Ladd_ had charge of Lake City, wit- near MOUNTAIN nen Burton shot. 500 or 600 men, though revelations. them in a [Here there 08 i} in ment of the action, I recollect, was : party being sent dow flag. That party sigan about halt hour and then returned. The the cannon. I suppose we Mormons capransacked the women also, but I did not see him I expected it would be ANOTHER 862. I remember the © Morrisite trouble. Iwas a participant, and was in the artillery company under Burton. It was in June, 1862. We numbered about 500 or 660 men. The commence- them. sometimes two in ness gave a rehearsal of the ceremony asrelated in Mrs. Bowman’s testimony.| There was a revelation as to where Morris should die, and he died there. But did not see him after he was killed. I was ten feet from Morris when he not I lived here revelations shadowing, and that was all it was— just a foreshadowing. It occurred on Burton my wite being killed, was my conver: children men.” sation with Burton FY evothee CHRISTOPHER SPROAT orders. was called and testified: I live in the do your ward. The THE —‘PORESHADOWING” DAY. We had a ceremony called the fore- remember to have seen any other squads follow or precede us. The principal thingI do remember, after Seventeenth with time to those who could not read. can’t say exactly how many prisoners altogether, were taken up, though pos- I do was of by accident the shot feli in the camp.. Great Salt Lake County. ie Then a white flag was sent toward the To Henry, W. Lawrence, Te natortal camp, and waved so that the MorrisMarshal, or Robert 1. Burton, deputy, ites might have another chance to surgreeting: render. Firing was done by the posse, WueEreas, On the 22d day of May, but. not to kill. The besieged, how: ever, did shoot to kill. On the first A. D. 1862, a writ of haheas corpus was day one of the posse was slain, and anan- issued by me on petition and affidavit of Enos M. King, directed to Joseph other fell on Sunday. Wl 1en ‘the surMorris, Richard Cook, John Banks and render was made the Mcrrisites comPeter Klemguard, commanding them menced to stack their arms, and seemed to have the bodies of John Jense to be in good faith. Burton, with Mark Louis Christiansen Gurson and Wi Croxall, R. J. Golding and Stoddard, liam Jones, by them imprisoned, as with ten men to. take charge of the was alleged without just cause, forth prisoners, rode into the camp after the with before me, which was duly served surrender, and Burton then read the on the 24th day of May following; as: papers to Morris, who asked the privappears by returns thereon, and th ilege of speaking to his people, which sworn affidavit of Judson L. 'stoddard, privilege was granted, and Morris, who served the same, who makes oa with his hands uplifted, cried for all of his people who would follow him*™ that the said defendants treated the through life and death to follow him. authority issuing said writ with great contempt. And, whereas, a sufficient A loud response was madeand a cry to time has elapsed for the said defendarms was raised. It appeared then that was big book, and used to read them at any the road going south, I think, though my mind was so engrossed that I can’t swear to that. I can't say who went sibly there were 100 in all. Young. houses and stole away the John Banks was keeping left the fort by as guard. and weeks. ay. . But when the tel our fort they many I noticed, only one in particular, and he was the one who held a gun, with which he prevented me going to my wife. I can not sa how many of the guard went with us to Burton’s camp on the hiil. I was not very collected atthe time. John Parsons was with the seven or eight prisoners with us on to the bench, six fight, Morris from fifteen to eighteen months. I talked with him a little every day. He had revelations from Jesus Christ. He wrote his revelations, and he wrote J could not say positively how We that Elder another $10 to get adivorcefrom her. Since the Morrisite fight I have been here nearly all the time. I went to I did not notice him leading moved with me. heard Green gave $10 to get her for a second wife, and then in a few days gave after with any horse. I don’t remember any one being with him at that time. He was walking leisurely before us. I don’t remember to have ever seen him before that time. I spoke to him about my wife being killed. Isaid I understood she had been shot, and he said he did not intend to kill her; but seemed to rebuke me for being there and having my wife there. There was a guard over us. There were not many of the guard. and peered land. I then lived in the Ninth ward; I bought a home and paid for it, put Jolin Woolley took it away {trom me on account of my Morrisite faith. While there I married an old woman minutes. There were probably six or seven prisoners of us behind the school with our backs to the wall. We were out Stoddard SS had been ; driven away by | force, oe he first went to Serve the | writ. ne apostate had been brought | back and publicly flogged by Banks and certain women with seven whips in their hands. Burton arrested.all the Morrisites he found armed there, and brought them eee this court, ona char ge “of. resistthe-efiicers: Te “them were ehae ged with murder for having killed two “mem bers of the posse, and were convicted of murder in the second degree. One was sentenced to fifteen, two to twelve and five to ten years imprisonment. General Burton was a witness in those cases, and there re- lated all of the particulars pertaining whom I work. I came here in 1855 for I came from Eng-| the gospel’s sake. a prisoner. I did not see William Jones when I was near the wounded man. I knew Jones. It was not long after the shooting that I had the conversation with Burton—related in my testimony went | been driven into the faces of the defendant’s counsel one after another untii he came to Burton, when he said if that gentleman would stand up, he could_tell whether he was Burton or not. By direction of the prosecution the defendant arose, tall and erect, whereupon witness recognized Burton, and in an excited voice pronounced him the man whom he saw shoot Joseph Morris and the two women—Mrs. Bowman and Mrs. Swanee. Defenant’s counsel thought the witness had made astartling discovery. On taking the stand again Mr. Hewett said: It was repor ted that the attacking force was 600 or 700 strong, but i never knew as to that. I cannot: tell how many men. there were on either side. ‘ross Huamined. I live in the Twelfth ward with an old lady for large of spectators Monday and The witness left the stand The Burton case on trial in the. Disattracted crowd Banks lying on the ground wounded. et Court the He knew me and waved his hand to me. I know it was Burton who shot Morris and the two women, for I was acquainted with him. I don’t know whether I could recognize him now or not, for it has been seventeen years sinee the éyent. he prosecution asked witness to look about the court room and PICK OUT THE MAN. Burton town by Burton, trict of “is| saying, west, the to over ae aoe eee ae “another Porat van en Burton | shot her also. Mrs. Bowman ran up and cried: “ You bloodthirsty wretch.” Burton said no one could call him that and live, and he shot her too. I went alittle distance away, and saw John for NOUD: tam Hewett PAG ES. 9--s[-X Hi of — CASE : BURTON ee Evidence SALT LAKE CITY: SATURDAY, MARCH 1, Is X. at was was fife'and drum, and when they stopped the bugle sounded for us to muster in. T saw Burton’s men on the hill when 1 saw the boy with the note came in. their glittering guns. Burton’s men were dressed in uniform, though there might have been a few of his men in uniform, but I can’t After the first. bugle sounded, we say. went into the bowery, when a solid cannon ball came in from the south, from the uns of Burton’s forces. ’A few minutes after the people dispersed, and everybody remained in their houses for some minutes. The firing was not increased, butthe fire from Burton’s camp continuous eC, after first cannon ~ shot eres mained in the bowery five minutes, perhaps, aft:r the first shot. I saw the two women carried away before I left, and kicked over the cannon ball which lay in a pool of blood. After that I went home, and then got into a hollow, oe or ditch, for safety. It was five or tent minutes after the first cannon shot that the volley passed over me as I lay in the hollow. I did not fire a gun, because Burton’s men were too far away. had only a shot gun. We were taught in 1861 by Morris that we did not need any fire arms, and this order continued in force as gospel until about the middle ot January, 1862. There was 20 need of drilling prior to that time, because we had no revelation to drill. The cannon shot which went into the bowery was the first one fired. I was ten minutes changing my clothes after T left Banks’ house, when the note was brought, and it was about 20 minutes after we gathered in ihe bowery that the volley was fired. I deemed the revelation superior to the law of the my companions also deemed revelations superior to civillaw. We hada revelation to the effect that our enemies he had to pay for it. Afterwards there land, and so far as my knowledge gZ0es was another revelation ues es any would come up against us, and that to leave the community, an they should be smitten dead before their drill was a manual of arms. ferwards another revelation came that they got within three miles of our experienced ofticer drilied them. Their no one at all should leave, on pain of: camp. I. remember several of targel was about the size of a door, punishment by death, which should be the officers of our army, but I with the shape of a man drawn on it. inflicted by the command of God, and don’t: remember my own captain. They were most excellent marksmen. when one gotaway after that he was In we were taught that we They drilled two or three times each | obliged to “do so by stealth. William needed no arms, but in consequence of week. They were engaged in no in- Jones had left before the last revela. revelations we afterward organized the dustry whatever. They gained a subtion, and had taken with him some army. The revelation about the enesistence by peddling their goods, such property which had belonged to him. my said an army should be sent up The Morrisites started a party of eight as farming implements,_ watches, &e. from Salt Lake, and they were genBefore making affidavit before Judge or ten men after him in the willows. erally spoken of as the enemy. The Kinney, 1 saw those men in the MorThey did not discover him the first only feud between the Morrisites and risite prison before the fight. They day, although the people assisted as far Mormons was over the men confined were guarded by two armed men. 1 as they could by watching for him in jail. Ican’ttell whether the Morwent to sec them, but was told that no from the tops of the houses. There mons were friendly or not. The revewas that day a visitor there who had one would be allowed tv see or lation said an army would come up speak to them. The guard said made fun of the new religion, ° pecause and try to destroy us. I did not leave immediately the revelations of Morris had not provGEORGE T. PEAY I would be arrested and put in jail entrue. When he went away some of was called ao testified: I live in Prowith them. I saw Jones raise his foot, the returning posse who had gone out which had attached to it a log chain. after Jones were sent after and brought vo City. I lived near the Morrisites [lived in He had been in that jaila good many this scoffer back by force. A circle of on the Weber river in 1862. the vicinity of their camp, and west of Morrisites was made around him, and weeks but I don’t know exactly how it. I had lived there since ’66. I wa long. I heard the religious exercises Banks made a speech, saying that acquainted with the Morrisite camp, of the Morrisites. They expected to “here stands a man before you who being frequently there inthe fall and be delivered, and their enemies deshould surely die to night, but his winter of 1861-2—as frequently as two stroyed, and to possess all the land. ‘plood would stink and I will therefore or three times a week. . They followed They first had the forshadowing show you what will be done.” Then io regular occupation of any kind, but which I witnessed from the outside of Banks with willows in his hands struck they occupied theirtime in meetings. the fort, from behind the willow fence. him twice—once on the back and once Their property was held in common, I was sixty or seventy-five yards away. on the face. Seven women then. with and none of them was in business with { beard some of what was said, and seven willows each in their hands, a view to increasing their stocks. They watched the ceremony through a pair whipped bim until he fell on the ground were a religious sect, and believed in of opera glasses. Morris rode a white and crawledlikeasnake. This occurred holding all their property in common; horse, and led the procession. Ee was in February. When the revelation hat Morris was their ‘supreme lawbeautifuily dressed, and had on a ot vas mnade public that those who left giver, and they ¢depended on selling of seven crowns. In his right hand h should be killed, another revelation held a very large rod. Richard Cook came to the effect that about one-half of their property for subsistence, exp ect: ing to come into the posses ssion of the bad asword in his hand, and he rode a the people were hypocrites, who should property of outside people before bay horse Parsons rode the pale horse be put to death. Jor instance, it was their own would be consumed. and Banks rode a black horse with a taught,if a man’s wife was a hypocr ite, They did not consider themselves pair of balances in his hands. the husband should kill her, andif he under allegiance to any government They were followed by twelve men, refused, the army should kill them but their own, and they regarded whom I was told represented both, and they were to know who were Morris as their supreme law giver. the Twelve Apostles, then the Twelve hypocrites by revelation through Joe They had perfect’ faith and confidence Princes of Aaron, followed by the marMorris. The target shooting was for in his revelations. I was not present at tial band came ‘along, and then the the purpose of pertecting ihe men in the foreshadowing ceremony, though twelve companies of infa untry, followed accurate firing so that the hypocrites they considered it was based on the 6th by the people. They marched around could be speedily kuled. They kept chapter of John, foreshadowing the the fort a great many times—it was up a guard night and day to keep the crowning of Morris as King of Kings seven times seven. They then assembled Morrisites from going out and to keep and Lord of Lords. The wicked were alittle south of the schoolhouse There others from coming in. Judd Stoddard to be destroy ed by the sword and by was a platform carpeted, and a canopy and two other officers came into the calamities, and Morris was to rule-over of linen. <A circle was drawn up and fort one day ey the south to serve some papers. I lived at the south of all the ear Morris was crowned king, prophet, Hvuc sea and revelator to all the world the fort. Ife went towards the headamid great cheering. Richard Cook quarters of Joseph Morris, when three| reed the words ofFor vation. They wd ch 7 ANS a Da nner one had I don’t remember any of the a Tt otto. mottoes. Counsel repeated one of the mottoes, eo J was present at their target shooting— 6 THE Damaging VOL, or te 00 ne $f SS HREE MOR THS Delivered by the Carrier at 25 nts a week, $1 per month, payable in advance. oe a OnE YEAR (potaee prepa). Six MontE ae vee oe oe E one . |
