Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-06-04
Ey1pnNcE roN rnE pEFENcE.

Samuel Burns, Father Of tie Prisoner, StcOyH.
i saw n little of the murder ] was in the
habit of going after my boy when he staid out
late of nights got up out of bed about twelve
o'clock Thursday night, and walked up through
the grave yard. | sat down Il tombstone;
saw n light; walked towards the fire; as lneared
it | laid down upon the ground; saw the crowd
around the fire; saw ROdebaugh strike the wO-
man with stone; saw Myers strike her with
something like that, Qonting TO handy billy
on the table;) little Farley struck her; John
Smith, he struck her; then tumblcd down the
hi something was wrong with me when | got
home; they all had a hand in the murder; don't
know whether Rodebaugh struck her iirst or
last; if had seen my boy strike the woman
wouldn't conceal it. He that did the deed
should suffer for it. II had knowd she was
dead l would have made my boy run away.
think about anything. Cdere the old man
tremblcd aud wept His language became IN
coherent and his evidence irrelevant to the
case, and he was dismissed.l
Fttrick Campbeli, .StoOFn.-I am not ac-
quainted with John Smith, Polk Chalk or John
Farley.
After the conclusion of the evidence, the
States Attorney, Major Good. arose and intro
duced his remarks upon the evidence which had
been offered, by reading detailed definition
and explanation as to what constituted the diff
ferent degrees of murder. 1t was only neces-
sary in this as any other case, remarked the
States Attorney, to establish the fact that malice
aforethought had been entertaineh--no odds
how long or how short time before the fatal
blow was given and makes out case of murder
in the first degree. Malice might be almost
Simultaneous with the deed as well as having
existed for hours OF days before. The case
upon trial Remarked the AttOrney)if ever there
was a case that showed depravity of heart,
malice alorethought, deliberate, wilful murder,
Al. L. l,Iy
case, weeks before, it has been proved that the
prisoner had made threats against the deceased.
1t had likewise been proved that he had mani
tested n revcngeGu manner on the hill. 10 what
else can the murder be attribute y There was
no quarrel on the hill side. All the witnesses
here testify to that effect 1t must have been
blood that he vas in pursuit of, it must have
been carrying out of that threat of his that
he would send her to hell! 1t was a strong
feature in the evidence which had been offered,
that there was perfectly natural diversity IN
the way in which all the witnesses had testified
70 hat were substantially the same facts. Each
one had substantially confirmed the other.
j. H. Pendleton, Esq, followed the Prescott
ing Attorney.
He stated to the jury that his connection
with this case had begun with their own. That
he had been appointed by thetcourt in Difference
TO a rule of law, assigning counsel to prisoner.
Mr. p. spoke for considerably upwards Of
upon the testimony offered, as well as elo-
quent plea in mitigation of the prisoners con-
coded connection with the murderous deed.
Mr.. Cranmer, .joint-counsel for the prisoner,
next followed. He also spoke ut length, re-
viewing in detail, NIL the evidence, and scrutin-
izing the plausibilities of its weight, from the
connection of each one with the prisoner on that
Mai. Good closed the case, on behalf Of the
Commonwealth. In doing so, he again advert
ed to the singular unanimity in which all the
evidence, and all the circumstances had tended
to confirm the guilt of Burns.
The prosecution argued to the point that the
offence was committed withIpremeditated malice.
There never was more bloody, deliberate.
cruel deed committed in the whole annals of
crime than that proved against the prisoner.
poor unfortunate creature was brutaly and fonlly
murdered There was no reasonable doubt, no
pretencc, that the murder was committed by
any other than the prisoner at the bar. The
need not nllude to the evidence of
the prisoners father, Like all who saw him and