Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-05-24

Colonel F. Morris he only passenger Injuredl remains
few days Wheeling before resn'nuG his trip East
Esaainqsion Of John Burns for the Murder
of Nary Aan uoatoHy.-JOhn Burns, charged
with the murder of Mary Ann MontonY on the
morning of the 18th of the present month, had
preliminary examination Saturday morning
before the County Court.
The prisoner, after being brought into court
aud placed in the box, was ordered to stand up,
and, when the Clerk read the charge he answered
firmly, mot guilty"
As the examination was proceeding, couu-
sci appeared for the prisoner, and n delay was
occasioned, during which the accused was OBJ
served to be weeping. He subsequently arose
i n his seat and said he would be obliged to the
court lift would appoint counsel for him. Sub
sequently Mr. Cranmer appeare ed and took a seat
as council for the prisoner.
Coroner Day was the first witness sworn
He testified to the nature of the wounds, and
the circumstances attending the discovery of
the body. The place where the body was found
was difficult of access. a pair of scissors were
found upon the ground, which he buried in a
wound in the back part of the woman's head
without meeting with any resistance. a sharp
edged stone was also found heslneared with
blood and HAIR. Witness thought the deeper
wounds were produced with this stone.
John Rodebamgh called-Witncss was pres
ent on the hillside Thursday morning about
o'clock; had been drinking considerably-Burn
walked away from the fire; come back aud
struck the woman with his fist, then cut her
once upon the arm with knife, after which he
struck her with billy--didn't know how many
times. Witness then left in company with three
others of the party.
Mary Ann Smith :alled.-was present on the
hill Thursday evening. Burns struck deceased
with his fist; cut her with knife, and then beat
her with n billy. Witness took the billy out OF
Burrs' hands and gave 1t to Oscar Myers; Myers
gave the weapon back to Burns, who continued
to beat deceased. Witness left in company
with the prisoncr-'deceascd was dead when
we len"--Burns told witness going down the
hill that he expected to hang for what he had
done but he didn't care only for his father
Witness had told different story before the
Alderman, but was drunk at the time.
John Wesley Smith was present Burns
asked the woman to come and sit down beside
him he called her "Iaggyi deceased refused
when Burns struck her with his fist then with
knife and then with billy. Witness then
left, in company with Polk Chalk, John Farley
and others
Dr. A. F. Hullihen sworn. Was witness in
a case where the prisoner was tried before AL
herman Hamilton, for breaking into house.
Deceased and another woman were witnesses
against prisoner. During the examination wit
ness heard prisoner say he would give them
uhe womcn) hell for that.
Two or three other witnesses were called, al
of whom corrObornted the testimony already
given. Polk Chalk testified that prisoner tolc
him and others of the party, at the Schoo
House, that if they ever "blowed" him he would
make them suffer for it
During the examination the Court House wa
crowded by eager spectators, all anxious to SCI
the prisoner and hear the evidence. At til,
conclusion of the evidence the prisoner was re
manded for trial at the present term of tn
Circuit Court.
Oscar Myers the Young man alluded to nboy