The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-08-20
ACCIDENTALLY
SHOT HIMSELF
Private Burden Not to Blame For
the Death of Lewis.
REPORT MADE TO COL. BUBB
CHARGE UPON WHICH BURDEN
MAY BE TRIED.
REPORT MADE TO COL. BUBI
Especial to The Herald)

TAMP TIMPANOGOS. Utah, Aug. 10.
The court Of inquiry has COM
pletely exonerated Private L. w.
Burden, Twenty-second battery, u 5.
~. OF murder in the killing of Private
Elijah Lewis Of the same command.
But at the same time it is understood
that the report Of the board TO Colonel
Bulb at Fort Douglas is, in effect, that
censure is due the imprisoned soldier
Tor having a loaded revolver on his
person without orders.
The court Of inquiry sat for more
than two hours. The defendant first
told his story. which was in substance
in accordance with his interview pub
lished in The Herald yesterday morn
ing. other witnesses were examined to
show that there had been no hard
feelings between the two men previous
10 the accidental killing. The past rec
ord of Burden was shown to be very
good; that his army life had been eX-
ceDtionally creditable.
Killing Was Accidental.
other witnesses testified relative to
what they saw Immediately after the
shooting. One private in the same
command with Burden swore positively
that when he looked into the tent. al
most Immediately after the fatal shot
had been fired, he saw defendant
stoop down and pick up the revolver
which caused the accident. He said
Burden picked it up by the barrel.
That tended to the belief that Lewis
accidentally shot himself and was not
murdered by Burden.
The most peculiar fact brought out
by the court of inquiry was the infor-
mation that Burdens gun contained
but one cartridge, and at the time of
the accident it happened to be opposite
the trigger. Had IL been chamber to
either side the affair would not have
occurred.
The sum and substance of the evil
dence adduced was that Lewis. IN
jerking the revolver from Burden s
holster, gave il such a quick jerk tina
his hand went higher than his head
While the gun was in the air the trig-
ger was sprung. and in the next instant
Lewis lay upon the ground floor OF
the tent he was helping to pitch. killed
py his own hand, but unintentional-
BY so.
Findings Are Secret.
The result Of a court Of INQUIRY is
supposed TO be a secret until its con-
tents are revealed by the officer ia
whom IL is directed. In this instance II
IS Colonel Bubb at Fort Douglas. In
spite of the secrecy thrown about the
findings Of the board, il was learned
@f9NFl A1g lAdt the Tie MI eIS stated lt
their belief. that the death OF Lewis
was purely accidental; that Burden
was not to blame excepting in so far
rs he had in his possession a loaded
revolver. contrary to the orders Of thu
commanding officer at the post.
That being the case. the only charge
upon which Burden can be tried is that
of having a loaded revolver I'm his pos
session when he had no right TO-
Whether the death Of Lewis resulting
from the disObedienCe Of that order will
result in Burdens being dishonorably
discharged from the army is not
known. In the meantime he is the SOLE
occupant Of the guard house tent.
The remains Of Lewis have been
shipped 10 Fort Douglas. where they
will be held pending message from
his parents relative to the disposition
Of the body. If it is not sent home II
will be buried at the fort cemetery.