Charles B. Waite,
Associate Justice, U.T.
In the fight two of the Marshal’s posse were killed, and six of the Morrisites, and three of the latter were wounded. Only one in the Morrisite camp was killed by rifle-ball. It was the cannon at long range that did the damage. The first shot killed two women as before stated, and wounded a girl; another cannon-ball killed a woman and her child in the “wickiup.” The mother-in-law of the new prophet was also killed in her “wickiup.” A little infant had two narrow escapes. The first shot killed its mother, Mrs. Marsh, while it was in her arms, and it was in the arms of Mrs. Bowman when she was shot down. After the surrender all the prisoners were marched to Salt Lake on the 17th, and on the 18th they were examined before Judge Kinney in chambers, and placed under bonds to appear at the next regular term of Court. In urging measures against the Morrisites, Kinney claimed to be satisfied that he did only do his duty. It is difficult to see how he could long be passive when the order of his Court was disregarded. Burton committed the atrocity of which he is accused most undoubtedly, and it was the work of a devoted fanatic, who, seeking to please the Prophet Brigham, did not hesitate to do so by ridding him of a troublesome rival. That John Banks was foully dealt with there seems little room to doubt. He was wounded at the time of Morris’s death, but not fatally. The manner of his “taking off” only is obscure. In the evening he was well enough to sit up and enjoy his pipe. Suddenly he died. Was he poisoned, shot, or “knifed?” is the only query. It is generally believed that Dr. Clinton “knifed him.” Banks was among the first to receive Mormonism in Preston, Lancashire, England. He was soon ordained a high-priest, and during many years of labour among the Saints he had presided over the largest conferences in Britain, and at one time was one of the Presidency over the whole Church there. He was the most eloquent preacher that was ever in the Mormon Church. As his faith waned in Mormonism he was painfully grieved, and at times became intemperate. Before he was a Mormon he had been a Chartist, and the “despotism” of the ruling Priesthood was irksome to him. Years before he left England for Zion he silently mourned over the one-man power. His best life had been spent for Mormonism, and he was then too far advanced in years to begin a new life, and he emigrated to Zion when ordered, hoping that his fears might be removed by better experience. Brigham Young was personally kind to him after he arrived at Salt Lake, and sought to help him over his material troubles; but there was in the heart of John Banks more than he could tell the Prophet. When he heard Morris, it was the opening of a fresh career to him, and he eagerly embraced the new faith.
Before the regular session of the Third Judicial District Court, at which the Morrisites were to be tried, an element was imported into Utah that was destined to trouble the happiness of the Prophet. A new Governor, in the person of Stephen S. Harding, of Indiana, was appointed to succeed Dawson; and Thomas J. Drake of Michigan and Charles B. Waite of Illinois, were appointed Associate Justices. At the same time a body of California volunteers, under command of Colonel Connor, were sent on the overland mail route to protect that and the telegraph line across the Plains, but the Commander had also instructions to establish posts near Salt Lake City. At the March session of the Third Judicial District Court the Morrisites were tried. Ten of them were indicted for killing two of the posse during the flight; seven of these were convicted, one was “nolled,” and two were acquitted. Sixty-six others were fined $100 each for resisting the posse. Of the seven convicted of “murder in the second degree,” one was sentenced to fifteen years’ imprisonment, one to twelve years, and five to ten years each. Governor Harding, regarding the prisoners as deserving of clemency, pardoned them all. Most of those who had professed the Morrisite faith, and who did not immediately leave the Territory, found employment and refuge at Camp Douglas.
A month later, Colonel Connor took 250 of them and a company of the California volunteers, to Soda Springs, where he established a post in Idaho, immediately beyond the northern Territorial limits of Utah, and the Morrisites have there lost their peculiarities among a more humane population. After the “Morrisite war” Burton enjoyed the respect of the community and the honours of the Church. Offices and appointments were showered upon him, and wives multiplied in his household. If Brigham was horrified at the murder of Morris, Banks, and the two women, he was unfelicitous in its expression. Burton was, through his influence, made United States Assessor of Internal Revenue, was made a Bishop of the Church, and grew from Colonel Burton to Brigadier and Major-General. He was made a member of the City Government and Sheriff of the county of Great Salt Lake. His wealth increased with his honours, and he was associated with Brigham in nearly all of his enterprises. About four years ago the first move was made against him by the grand jury for the murders on the Weber, and he managed to conceal himself for about a year, and was sent on a mission “to preach the gospel” in England, with the indictment for murder hanging over him. There he was further elevated, and when he returned to “Zion” he was again honoured by being appointed the second counsellor to the chief Bishop of the whole Mormon Church. For the last eighteen months he has enjoyed perfect freedom, and has attended to his numerous affairs with the utmost assurance that nothing could be done with him, and in that he is probably correct, for nothing has ever been done against a prominent Mormon like Burton when a jury had the disposal of the business.
On the 6th of March, 1879, with all this evidence, and the testimony of living eye-witnesses before them, Major-General Burton was acquitted, by a jury in Salt Lake City, of the murder of Mrs. Bowman!
FOOTNOTES
[1] I myself made a movement with my hand—for I believed that my life was at stake, and I dared not do otherwise. The words of the oath I did not utter. [See explanation at the end of the chapter.]
[2] Mormonism Exposed, p. 236.
[3] Besides poor Mary’s family, in every other instance [with the solitary exception of Sister Ann—my “talkative friend”—who is still living, and is so well known in Salt Lake City], I have been as scrupulous in giving real names as I have been in stating only facts which I had either witnessed or knew beyond question were true.