Show II 11 i t i i li THE BURTON TRIAL made by lio defense how lie alic the the witness after on tuesday john C thompson asfor alio delone delon e took iii have lived in lie neighborhood of county since 1819 adry lived oliero I do now know alro kington lort n knew boino of the know licar in alie around I was not at alio during alio but was at oilier times early in 1802 ans 1800 and 1801 and in the spring of alio caknip biti westy alii chally early in jannary dont recollect aliat kind of kapcia ir anid but toniy to at macli property belonging to boino one in the camp we ceru met on alie outside of alic fort by lord brown peters and other they told we t go in wo finally went in and wo were gift by a number of men with guns and willow and they beat our horses over alic head ancl backa till we could not manage und we biad to succumb they knew aliat wo went for wo told bliem they told us we could not take any of the property belonging to them they threatened us and told iu that wo left they would certainly liburt I their guns were cocked all alio time onla avast and this errand wo did not make lie seizure bei zure never went for a like purpose again do not know of any one alc going on a similar errand think I know the reputation of alio for order and peace and it waa bad boino of them acro then and still ire very good citizens in the settlement in which I lived alio people were afraid of thein one rea ion WM that morris wa was s getting revelations all the time in which he fraid hey would obtain all alie property and dc troy elioso not of their faith and we un dei stood ali ey would commence on us we flood guard for a number of nights fearing an attack the excitement cit ement did not continue long number would have left if they had not been hemmed in by the high waters of tho weber mv wife was korv much frightened and wo went to visit some relations I would not like to bay that I wa frightened but should not have gone had it not boon for the trouble and others would leave gono to ogden if they could have got the river dont know that all firm believers to do whatever might desire of bliem perhaps boino would not if it came to tho pinch w ans then sworn I am not related o tho defendant eliat I know of lived in kaysville Kays ville in know when the morrisine Morri site camp was was constable 1802 know mr jones elul to am about march 1862 know boino of the by sight I arrested jones on alie other side of the sandridge three or four miles from tho morrisine Morri site camp wa goin to bring him to but was overtaken by a ite katy of I diadiun ria diun UA nio by dorco kitcy knew had arrested him I told them I wished to take him to answer to the paper they told me I could not and tunit they would take him and me too told them I hiie constable but they took him they were armed I laid served a process jn alie Morri sito camp before this crons examination I arrested jones for assault and battery cant tell OHM horn nor tho warrant was blued by judge lla ight of davis county judge of the probate court the Morr sito men overtook me about an leour or an id I got conw they fray why they took him bioni me they made no believe wa in the Morri ito camp aln fo times served papers in it cant what papers served in the caknip arrested and brought a cron away from the camp three or more mouths jio wass I brought him fo vitic arrested him in the without any trouble don t for what hu was it v is very early in alio raring THOMAS ABBOT wils then beorn in I was called on to accompany to lio Morri ite caina yio to go with him to servo writ of corpus win bonc jonc wim one of the nama in alie writ and there wo two one a mr smith went us stoddard clayed outside while went in alio camp number of men ho gate who reluctantly luct antly let ino MW amith with mo to etolil iann ali hat ho wanted in the camp smith told him not to po in w iho Morrie itea would kill liim studdard to go to binks and nak hn protection while stoddard ormed hia duty went and returning told had aid hat if he went in he would do fio nt iiii own risk said I will go and lio went smith begging liim not to boull lie way heu we came there wo aw bailas with and two army guards stoddard daid proceeded to read alio writ to Banks jit for asked he had to eay to it was a good deal among tie crowd and many re marka banky eaid tell wo with bobbera and lioi no thieves but recollect if you ever boino here again on thu buline you will never leave all vo stoddard aad to of the writ bank wid ta did not want one said je would lenive anyway mid having one in li hand threw it over lii horani hor sni feud man went intha a ahovelo of lint ceab and put tin in im titu writ us it lay on it A lattio and flan blurton boing there n iio tc it was two or later on nt ho had probably about aix binn taio foice tie cami on fri daly anft 10 or ll 11 camped nebout four und n 11 ilam L arc bartoi bent i cininato in inato ly to walla smith and au nent in will U aluma in the hiir it told ikirt deliver tho inca Mg to jolin or I did not mid the it wai reul to inc V of lie document was the and he wiil lint a alie tenor of the onelee li card wo gave it to ituk about mile outride own conot know the durd to the boy and to to he fort aliu boy u V binl J leht ll 11 gave libin a quarter nono of alio llio party pulled a pistol en him ho did not seem reluctant to go end mis quite willing to go and wo saw him go in oil the south ide turned to the right to house soul henat corner ortho fort we cot thero about an hour after we left camp do nat think it wa a past about an hour or two hours litter party arrived most of alio troops were in wagons sonic on horseback stoddard ean and myself acio on horseback man joannon from to yard from the vamp tharo was no response to know what they were doing only eliat they gatli ered under the battery bot tery the cannon was fired at 10 or 11 clock I WB not a rod from alio cannon burton ordered the gunner to shoot over alio camp and said be sure not to hit anyone he only wanted them to know lie was the cannon nas not nal for loine time after alie order I was right there all alio time the order wa not modified le paid lie only wanted to know lio meant business the first shot fill tick a cottonwood tree on the other side of the fort and aroln chenco glanced into a bank on the opposite side of the we river saw where therall the ball struck very plainly I ho waited ten or twenty or thirty minute before lie fired again in tim mc antimo I saw wells smith carry ft white hag toward alio camp saw when ho returned lie had no communication with any one in the camp thai could lo 10 stayed there lifter alie second cliot was irad I stood near the cannon at lie beconi i hot and alie samo order was given bm ton telling them to miss alio bow cry in which alie people were gathered BIC ball struck in a plowed held and glanced oft and hit a house could not see where it went to after ho told them to shoot over lie bowery before alie second shoot I could not see that the cannon ball the people in tho bowery wo could see the schoolhouse and ho said not to fire at it because women and children might be in it dont remember any general directions mr smith and myself biad of alio a gun in alio llio absence of mr koss we told not to fire at lie small cabin apparently fortified from which wo were fired upon wo lost early in the morning of day wo tired small arms also but not till after alio firo commenced from alie camp am attivo Ai tivo of this smith wa killed on ho filat day on ano west side of the bi t there was also another house at which wo fired about lozen shots but it biad no knect only one man killed tho first clay the beconi by U rained all day and not liing wu done except that we lost a horse killed by thein in moving from the aluli down tho debt side wo were upon As soon as wo left the big cannon they commenced firing upon us A hundred or shots were aued at us while wo acro going around coobs examination I here in 1847 with tho first emigrant dont know why I was called upon to go with unless it was because he had been threatened stoddard stayed at alie end of tho lano while I asked smith to out I felt there might bo some trouble and had my hand on my I considered that J had chances to take and took precautions I crowded my way through fifty men at alio gate I baw john and wo went out to stoddard smith advised stoddard daid not to go in ird sai ho would go in said lie knew the better lian to boiu banks was blood with a drawn biord ditl two men with guns Klem guard looked as lie meant business bu tons command reached alio camp between 10 and 11 clock I left burtone camp on fliday morning cloward aarti gave tho boy the boy was perfectly willing to go I wae only twelve feet ird when he gave tho boy alio quarter did not hear burton give any order excepting tho one to fire over the camp bo not of flights were on alio gun alio first lull went through the arco top and struck bank on alie op river lie told in the second shot to bonuro anil shoot over but it a field anil bounced oil and I think it stack a lionso ho corn crof lie fort struck alio field about half way between bertou and lie fort it fell short of goin over lie fort dont know that any shot ever went into alio bowery could see alio bowery but did not tco t co 11 ball strike it saw tho people leahti the bowery sure tho fired itty or ua before wo firca any gum they tired after wa shot alio llio second shot yo acro directed by burton not to tiro there bo women and children in it tha l being tho best in tho fort did not soo any one go in there siw them scattering from tho bowery we went hero to hurt unless they wo were then instructed to do went tharo td do wo went here to back mr burton up as alio deputy in with tho exception of tins orders not to shoot wo inid no direct direction si actor two allots I shot in ein nest I cant u for antono el o had nothing tho ri ites worked with the non tle ball appears appe arc to be rammed down very loosely on alio second shot it have been eliat alio gun was ran diled to make the second shot fall tho first but dont know that it diw re sighted did not try to see tho ball when it he direct examination when we approached B inet inkt when I went in with stoddard with the writ I saw oilier men than choso near inka ilinka il and think they were in cabin on wt eido of the fort I saw or pix armed incisi I alo al o baw seated at u tulio with lii i back to us ho was writing I know libin before then a crois c tho houses acro small ono story housea co verol with li I believe we could eo the the Ii itonery onery alic first milne w cliot I d but ani not burp I sw the liall the bowery if it had ilono so cobit until morning at SO clock on the opening of court yesterday morning ti alio defendant in alii erwi was worn in isia was deputy ti inar aln inanc bedfor alia I beraud on the plains niyla alii allo lillo from oon roon r att tev my return I vii to aci ve cartain writs alio first I was cullel non to servo cliwe writs il dined alio beni ft second dilno and on ny goinane goi nanI I then od if an dorco writs would lo 10 served and with wit a letter was written by mo to alif for o force t number of about inert from tin and davia countiess coun we hd company of riflemen some ot artil and a detachment lerv will two cannons ir of habeas corpus for of three person wa i dressed aft joseph taink the write were to mo either by alie cic judge of ie district court ant in foi anit ion roni oll who had I abero that they were unruly bom i an tle ni orning of tito loin of june I sent major judan fc the lenders of lie with a loiter to letter wim identified by situe wi tue it was about hall p mt my dorco imah od 11 laic cilip id d a little I arrived nar alio fort and aicard liow lie hau dix co eliat lie bad received no reply I as under alio impression eliat alio people in lie fort received the letter about S altor sime beliy waiting for a reply I kent down two men with a white hig H ig celoso to the fort and having a buglo sounded abw but received no reply at 10 no communication having ayen received I ordered kiy or ladd to over the fort two hots the fint fin t shot was filed at 10 in the morning on atit day eljune ol June anil struck on the oilier ado ih mccond struck alie ground between and alo fort and from thero went into the fort I thought y drink over the fort they would bo induced to bin render I think then lag down the firing froni our vamp haying I heard their martial music mid alio first fifine fifing of mall arms froin the fort this perhaps being 20 minutes after the birst I then thought they were determined not to and ordered major bigun to go fort on one and major andrew cunningham on the other both being encountered by a heavy fire before they got into position think where we over night I gave come lattio instruction to my men abing aying particularly that no bo allowed to u but that bloodshed should be avoided and them to act more on the defensive several of lie camp came out and surrendered on alio first day from whom I understood eliat no a surrender was contemplated and that no force would 10 to come near the fort llosa was ordered to get a position an near an old wall or fence as possibly where a pretty good broadt work wim afforded in taking w they encountered heavy tiring and ono luin of our hosae jared smith WAS killed on the morning of the at the firing from the fort commenced my men did not reply much during alio day in or two in signal a cap or aliat liat just raised above alie breastworks breast works were put up to attract the fire of the Morri and I saw they were closely on the watch firing being immediately directed to these on saturday a number of came to my camp from the fort among them women and clail book went fro mour headquarters into the camp trying to induce some other friends to come to us and be protected and all the prisoners who did come to our camp wera well provided for on sunday they again commenced firing the firing from alio camp on my men who unprotected was very gall yn g later in the day determined foni aketo ake tb charge upon a house ordering 15 t d men under ja lew to eliw astock tam successful ono of alio nuin bor killed wa six at clock p hi the white flag was brought bearer coming within speaking distance of me and immediately all firing ceased I strictly ordered my men to their fire whenever rhey saw any eign of surrender from the fort or whenever any man unarmed appeared a man named brown carried the I told him an unconditional surrender wat required ho i tacking of the aam and alio surrender of alio men armi lie might not haa authority to accept theo conditions and returned when I saw they had complied with terms and acro sticking I sent word to major han to sto firing we were dc to get he all done that night and I immediately started in accompanied by 31 stoddard cro tall and gold ing all of ua on I told alio men alio had been behind n moving battery to follow me there were men there G and unarmed the latter who moved lie lattery I sent luck to brici ten choro I pa itta llie stacked and alio poo alle wo four horsemen did not too imy in front of the body of in unarmed few of lio being stacked but alio greater part lying on alie ground I considered alio surrender entirely genuine I restricted the number 01 men alio to save I feared a col dision I saw that the waa fortified inside and that there acro arms there do not remember alio though I think it waa did not know morri knew cook bunks and I think the first tion wan to inc aliat do you require I took alio writ for contempt out of my pocket perhaps did not read it stated that I considered it my duty to tako prisoners all who had borgio arm it to eliat boino one inquired what was to be dono with thorn I replying that it waw for the law to determine did not know bom one asked tho privilege forSI orria to tho people I we permission hat he was to be brief and caution alio bo quiet morris stepped out about paces anili and said in aver loud voice who |