June 198 ^1862^

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 the 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

June 18 1862 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 Employing him Broadhead presented a petition for the Prisioners to have a committee appointed 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 witneseses. Col Burton gave his testimony and said I am the theDepity 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 morning 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