Show THE BURTON TRIAL page the first cliot was ared clear over the tort ijar shot 11 wino orders fell into lie fort plowed ground a lo 10 and then almost spent fell into bowdy col burton immedi ild buor egan and mij to surround tho fin in taking which po they encountered licary firing and alton lie tire was returned from alio boic mr titomas jenkins ft ind well known citizen clial burton ind lim agitation ay good od i it eliat pour ili arc going to compel anif to no n o force of arnia alie idony of mr brown is eliat ho was anan lie could giai f killed libin and wad perhaps to do so when he received positive irdein do not kill alio man mr croxall ste on day at the time of the surrender bat gen burton am grate ul eliat this trouble law acon so little here ou iivo alio last gordn of men burton leforc liia entry into the fort when gen burton went into alie fort onie ionie i ono asked what do you want ho replied alion I came hero ahad a writ for the anft an ft of five inan hut now I think it my duty to take all men prisoners sonere who have borne annii t bome one then aked permission for morris to lis people this waa granted on condition eliat lie should bo brict and not excite the people to further morris baid all who are willing to follow me come an aliis is testified to by all alio witnesses there was a simultaneous response and cries of aye aye hear hinr amen after this movement birin took bogli the ton and stoddard fired tho important question is if burton aimed ilia pistol deliberately and intentionally ally at and achot down eliat woman bella bowman the prosecution introduced ten witnesses who saw the shooting of these ten four do not pretend to have seen bertou aim or shoot at mrs bowman mra fenily just testifies that the man on a dark horse shot morris and mrs bowman all the witnesses state that judson stoddard rode A noted black horse and that mr burton rode a bright sorrel librae now wo come to mr dan camo miles statement eliat the whole went in and were in line four or five deep eliat mra bowman approached pro ached and called burton a damned bloodthirsty blood thirsty dog I believe that captain erwi at the licad of til column in alio fort mr mc himself testified that he was not in alic fort and nays eliat he did not see alie shooting and thinks ho did not even hear it eliat when he arrived in tho fort the shooting was over no man would even hang a dog on the testimony of cuch a wretch as camomile haa proved himself to be decess resuming his argument after recess judge tilford made further ref brenco to alie in the eride ire then read from ho testimony of jolin on as to the position of burton morris and mrs bow man who was close to bartons horse in the act of taking hold of ho animal when the made alie remark you bloodthirsty wretch etc and burton shot her he then read from the testimony of williams in owr awny burton ho then read from camo milo if testimony in which ho i agyei ho waa excused from making the charge on alto relative to the entrance of the troops and other positions when they formed in line before the shooting took place and also swears where lie SAW and iooss you will re member that positively stated that they were not in ho fort at the kiino the firing occurred aai he in proven falio in one material particular lie cannot bo trusted in another swore with equal certainty that the horsemen came in from the south while every oilier that they entered from tho west mrs cordon did not see the shooting she swears that the first woman shot was a danish woman who had a baby in her arnn and this testimony with the theory of the pros edition that mrs bowman waa the llast of the two women killed does not alic story f arn condon that went the bridges had been swept anway and every ty to be encountered strike you a and a site gives no evidence regarding the killing of mrs bowman I deem it unworthy of further notice thus you have here the evidence on which the prosecution expected to make out their case while wo have fourteen or fifteen witnesses giving you an entirely dif lerent version of tho anair I ask you first to take into consideration the number of witnesses on either side and afterwards the char actor of alo wit taft prosecution introduced witnesses who were children at the kiino of alio affair Jo linion mr andersen 13 and mrs just 13 years of age then poor old imbecile nun bowman now in iaia dotage next comes the timid williami who lied for his own safety th en w have mrs cordon who came there for no pur joae and finally wo have the testimony of who if the laws of ho territory were be behind the bars of n mad house my God thas it corns to lucli pasc that the prosecution must call in lunatics to testify on of life and death taco pemon after burrow fiig for tareo day and night in terror and in brought out buforo burton and ha ro as a of and his lesions were hey in a fair condition to R IVO reliable testimony in n matter of this importance then again theao people were and itea ny inu tt human entertain alio hoy to boelio then turn thour witnesses did wo call in men who bof arounia frequent saloons or tho of not our wit were benr anre of aal mi alesi tl esi men camo hero to teti anil their mellown you mut of adopt of the defense miles you are mael fall of our vary IH boina aliey afire taftt not more than thirty berei in the fort at lit of the while on aliet tite avris arnt the that thera very not over thirty inon we iro met in rebuttal liy tho of men were att the ing tho direct ex dul bol kios when the shooting took place how doea this compare with tho of camomile that there were or COO then comes mr burnham who says hy stood on the elevation and tw men in tho forti mn brown gentleman who urea in that neigh Ito confronts his assertion by tho declaration that it is physical impossibility tosco into alio fort from where burnham testified ha stood about f on lifter noon alto lug app cara burton sow in then coded alio cry of morris and the response mi contradicted the fuestion fue tion then ibi did arusla take place or not and did take place in the direction of the arms the movement is but tho claim that we claim that ho moved in tho direction of armsy and tile body being found to feet from alie speaks trumpet tongued in favor of our theory the conclusion is irresistible that he moved toward burton and alien to the schoolhouse and not in the southwesterly direction a tho prosecution would claim it also appeared that two thieda of the guna were loaded and not a particle of testimony has been toncred to rebut thi evidence though the prosecution had from saturday eglit till monday morning to reflect over alie matter all th testimony goes to show the unanimity of the responses indicating the of people to follow morris wherever he would lead the highest estimate of alie arms stacked places the number at fifty or sixty and tho number captured 13 estimated at something over ninety while some had stacked their arms others were coming with their anna and still others unarmed something has been said about the men women and children to I gether while our testimony shows eliat the men were nearer the arms than the children and women does it not look consistent that alie men after stacking arma would fall back a short distance while families would be further away but we take it that it matters not whether five or men were present at the time burton had ordered but twenty two and from his position lie could not see whether the troops sent for through golding had arrived or not being a cautious man he would naturally turn his eye on every prominent object and looking toward alie he saw the glimmer of a weapon through the open door tins was a roost significant fact before him stood a fanatical people ready to follow a mad leader in liis oars sounded the me through life and death the movement was bamond nil iff the direction general burton knew not how many troops had come into the fort ho was not in a situation to see how many men were there according to immediate appearances his own life and alio lives of his attendants tend ants were in imminent peril ho cried haiti haiti stop the prisoners but there was no cessation of the movement he drew his pistol and fired hjad he acted otherwise he would have been unworthy of his position and the authority he represented no matter if the guna were not loaded col burton could not have known that such was the case support argument that mr burton was justified in liia presumption of danger a michigan decision was read supposing that a man came up lb you pointing A pia tol at you and you struck him down or shot him and it afterward appeared that the weapon was not loaded f afi aw fow ron ap pe arances apply ahn golden rule alen to the defendant and the present case when you retire to your room you will doubtless consider alie testimony in the order that I have giyen it to you but may also consider it in connection with the indictment charges that he wilfully and unlawfully killed mrs bowman but if it appears to you eliat sho was killed ay accident then by your oaths you are compello compel ld to fina a verdict of acquittal for the defendant fen dant you tiro here not to punish but to see that the laws aro justly administered and you arc required to give him lie benefit of every reasonable doubt consider these points in their proper light and we have no fear as to the result we demand this acquittal as due to the welfare of the territory tho security and the enforcement of right wo demand it as due to the court choso whoso mandates placed leini in tha very peril that compelled the homicide ire demand it as duo to the law choso whoso process was executing when resistance si was offered wo demand it 09 duo to humanity whose noblest impulses aro outraged by the prosecution of oriff only offense consisted in his duty judge van then commenced the concluding argument for the prosecution we como to you to speak against the better of your nature and ask of you a verdict flint will convict one of conr fellow beings of weniona crime alio wit nesses have conw and gone and you have not ed the important points in tho mattery my part in the case will goon bo concluded aa is that of alia i counsel on the opposite side tho judge will casu go you with tho case and then the responsibility of deciding whether the defendant ia guilty or not will soon fall on your shout acra it is a duty that you owe your i own consciences and god that you try it fairly you taken an oath to the caad the law far as evidence ia adduced and not I ly the clamor of a bowd or the do siro city or a majority cf tho people in it the picture ato to paint may not beautiful o you and upon the margins there may bo bloodshed and in the centra there may como up a horrible pic tyro but it comes not brorn my own henrt we are not to blame for that winch waa dono in tho Morn site calop the defendant hero only in to bo held to account while J would prefer to paint picture of must up this case as ina from the evidence and you must decide by the law and ly tle evidence nowhere does it ay you try it by the law and by the tw is that winch proceeds from the of and may be false ia always truth and by that which ia eternal truth you have worn to decide thi case it may be that ono witness the truth and luomar testify to the contrary you must be liere abat on and if old bowman as the defense hn chosen to denoff the truth old bow niona story must bo taken even if eighteen other witnesses have sworn to the contrary toa tater liere that I leavo no baroh words for gen Bi irton in hin heart may boat irn for humanity M strong iw in any man though he may high in ufa community and I do not deny that ho doer and would in any community yet many who have gwei noted for their humanity nave committed the greatest and bvm loved their victims vic tima the attorney continued hl agu niti il tile of Ii of the Morr mites cobil i add ft everal meadows e diw t when court adjourned to the t I have ot much S evidence given by the J TZ number I rf il consider tk t of frightened ant and women caino out tl clemen may be would b fati 11 ns steps aben it t of every one of the marf 61 they were all to bo it with that is t borne oab else aski i ezeak to urge them to f gig tance no I ay a man their anus ibia 11 if he nihed them to j did lie not say one wit 11 E morris cried what I ha fou are eternal cruthi pt timo to preace a sermon efti if ti resistance to witnesses say he started twy schoolhouse but that lift men al towards the arms if be leader would he go in one A and they in alio other if dence had shown that monah concealed arms upon his badr might bo a more justifiable ar if he intended to ruh for hug would he have stood and lockri look ri gen bartons burtons Bur tons face while were anred into hia body if L tended to make that rush adji have allowed women and chilli have been mixed in to the ami r the theory of the detente y there was a rush for the anai ris was described as a mi idin man but if we can beh diony of the defendants tb morris occupied alio all over the calp burboa any saw no yet aou me was close behind ifil y then burton must hare dixs iw morris stood in front of would have had time to ret the shooting waa done ul not have shot through tb of morris and hit mrs alt less his pistol had a the testimony the defense was theu m ness if moi ri was I airi be would certainly hare alla wardani war dand the fact that he fell te ward ia conclusive evidence thit irai standing sti I when thelt was done and not rushing seems to me that I hare the evidence of the defense toll been at fault in many and in conclusion I say to bwll if the taking of life was awal and tho killing f the tl dental your verdict must aca if theae are not the facts fourr bo the of ncy lut I say that aliis aras all cm sary taken tb oan barton did I think a foff disturbance would have ba eject he should have gone doi fore and taken poix of the fort and stationed li oliree men in each hone hott was no necessity for I arave now done all hw t taken in the case I bave escape the character ofa per I conio to ask you to draw agn conclusion f ii I only ask you to carefully M t the evidence try most bo enforced laws have been violated it T duty to find a verdict law comes even from the mon god himself thou not and is no much a w today to day was when given to coset ak sinai if the law has been W give a verdict in ank if not by nil mean defendant than road his instruction jury which were la and devoted mainly to definitions of muna od slaughter and upon p the defendant should iw altogether the charge WM and impartial at its the jury in charge of dupoy retired to consider jiff |