| 314 and put under a strong guard until the following morning, when we were marched to Salt Lake City. We arrived there after a march of two days, and were brought before Judge Kinney, in the courthouse. When we appeared before the Judge, he said: 'I have been misinformed about you men. You were represented to me as a banditti of low, degraded men-robbers and thieves; but I see before me a class of intelligent men, quite different to what was represented to me. On the strength of the representations that were made to me, I granted a writ to the Mormon militia to arrest and bring before me-Joseph Morris, John Banks, Richard Cook, John Parson, and Peter Klemgard. I see that I have been completely misinformed.' We were then bound over-furnishing bonds for each other-to keep the peace, on a bail of $1,500 each, for our appearance in court the following March. The majority appeared for trial; but some few went East, and others went West to Carson Valley and California. At the March session of the court, the names were called and the trial proceeded. Many witnesses were there to testify. Seven men were sentenced to terms of imprisonment, varying from seven to fourteen years. Their names were: Peter C. Klemgard, John E. Jones, Abraham Taylor, George Lee, Christian Nelsen, Jens Christiansen, and John Nielson. But they only served three days of their term, for Brother John Parson exerted himself vigorously to obtain a pardon from the Governor of the Territory, and succeeded in doing so. He then took a wagon to the prison for the men, and conveyed them to Fort Douglas."-Pages 6-8.
They were pardoned by Governor S. S. Harding, March 31, 1863.
The friends of Mr. Burton have always contended that the killing was justifiable and that Morris and others lost their lives while resisting officers of the law. Over sixteen years after the deed Burton was tried for murder in the Third District Court, Salt Lake City, Utah. The case was called on February 20, 1879, and completed on March 7 following. The verdict was "not guilty."
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