18 Judge Kinney had a court in the Court House at 9 oclok
this morning to try the prisioners Before the opening of the
court Judge Kinney had some conversation with me He
asked if I was at the funeral of Jared Smith & Herd
President Youngs sermon I said No I was not present. He
said "I was told that President Young said that I was responsible
for all these things and that I was weak in the upper story But
says Judge Kinney I denyed it. I did not Believe it. I have not taken
any step without counciling President Young and when the men
came to sware out their Affidavit I told them they must ask

President Young when they came back they said they had done
so & President Young told them to go to Judge Kinney & Get out
there Affidavits.["] I told the Judge I know nothing in the matter

The Prisioners who Col R Burton took at the surrender of the fort
at South Webber & brought into this court yard yesterday was
brought into this court room at 10 minuts past 9 oclok, the number
being 98. The Court was then declard opened Judge
Kinney then said to the prisioners I want you to understand
that you are here ^not^ to be tried but to be Examined. The Judge
ordered the prisioners to be separated. Richard Cook, Parsons
& Peter Clemgard were placed by themselves as they were named
in the writ. Judge Kinney appointed Mr Miner the Attorney
for the prosicution and Broadhead said He was ingaged on the
defence. But the prisioners denyed Employeding him Broadhead
presented a petition for the Prisioners to have a committee appoi-
nted to take charge of the property of the prisioners the Judge said
the court would take charge of that business. Col Burton
Cunningham & Golden came forward & were sworn as wit-
neseses. Col Burton gave his testimony and said I am the
the MaDepity Marshall of this Territory I attempted to serve 3
writs at south webber I went with a posse as I had good
reason to believe they could not be served without a posse this
was on the 13 June 1862. The men called for would not give
themselves up & I had to use force. I sent a communication
to them and requested an answer in 30 minutes but I waited
90 minutes & received no answer then I fired a cannon
Ball and they returned to fire with small arms and the
fire kept up through the day. some Brethren came to me and
I organized them into my posse. Col Burton drew a map
of the fort and the surroundings. I tried all day to get possessin
of the fort but I ownly got possession of one or two Houses the first
day. the Enemy fired all day but none in the night. On the mor-
ning of the 14 we fired some in the morning But it began to
rain & rained all day and we did not do much. Jared
Smith was shot the first day and died. On Sunday morning
the 15 of June we had fair weather I divided my forces as well

as I could & opened fire with Artillery & small arms from
8 oclok in the morning till 7 oclok at night at that hour I
planted a Battery nearby & took possession of one line of
the fort then I saw a white flag I then told them to come
out & give themselves up they came out & stacked therir arms
and surrendered Parsons was among those who surrendered
I left my Men outside Except Mr Golden & Stodard I
placed some men to take charge of the arms or guard them
then Mr Morris made some remarks and asked me
what I wanted I said I wanted all the men who had taken
up arms against me. Then Morris said theo the croud all
who will stand by me to the death lift up their hand and
all as far as I could see lifted up their hands & made a
rush as though they were going to the school House or some
place to defend themselves I ordered Morris to stop several
times & followed him up I had no arms but my revolver
and as He would not stop I stoped him with my revolver
He was shot dead. Banks was also shot through the neck
from which wound He died two women was shot at
the same time which I vary much regret but it could
not be helped the remainder soon gave themselves up
Parsons denied that the people were under arms to defend
them but did not state what they were under arms for
Jeter Clinton then testifyed that what Burton had said
was true. said that Banks told him that they did
receive the message which Col Burton had sent to them
Peter Wahlen was shot at 6 oclok sunday Evening
before the surrender. R. J. Golden testified that what had
been stated was true as far as He knew. MCCain testified
that He held in his hand a tru copy of the Message sent
to the Morris Camp which was read before the court
and signed as civel officers. Mr Miner said to the
Judge the crime of resistance would have been one year
imprisionment & $1000 dollar fine but two men were kille[d]
this becomes Murder and I ask in the name of the common-
wealth that the law may have thebe ^in^forced

Mr Dow denied having Employed Mr Broadhead to plead
his case. Dow said I Joined Mor Morris & believed him to be
a prophet and I dont know as I have done any thing to
break the Law and I believe now that Morris ias as much
a Prophet as he was before he died. Judge Keinney said
I will dispose of this case and asked Miner if He knew of
some more guilty than others. The Court separated the danes
from the English & then addressed the English and said I wish
to Explain to you the Law you hav violated. On the 22nd day of
May a writ was made out for three man Morris Clemgard
& Cook also a writ of Habeus Corpus for the delivery of 3
men who were falsly imprisioned I made this writ as it
should be and placed it in the Hands of an officer this writ
was sent by a proper but it was set at defiance and knowing
that you was under the influence of Morris and fanaticism
to a great degree that I let it rest 19 days then I issued another
writ of Habaes Corp Habeas Corpus. you may Enjoy your
religion but you cannot break the Law & shed Blood with
impunit & in doing so you cannot Murder. I will aslso
say that you cannot live without work it is contrary
to both Law and gospel. But I will not send you to pri-
sion I will let you ought on bail to appear at the next
term of court I shall require you to Enter into a Bail of
$1500 Each & this is to secure your attendance at court
& you may give bail for Each other and I shall hold all of
you responsible for the appearance of the whole company if any
man goes away & does not appear at court all the property
of the whole company is held in morgage for the payment
of the bond. An Interpeter was imployed to interpret it
to all who not understand English. The names of
all was taken, after this they were discharged but
all there armes were retained untill the sitting of the court
they will be put into the hands of an Officer you are
now dismissed to go where you please but if you take
up arms again to resist an officer they will be taken from
you & you will be arested.