Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-06-08
THE DEATH SENTENCE
PASSED UPON
John Burns,
FOR THE MURDER OF
MARY ANN MoNToNY.
MOTION FOR A NEW TRIAL oVERRULED.

MOTION FOR A NEW TRIAL ONERRULED.
Before nine o'clock yesterday morning, an i'm
mense throng had gathered in the portico, on
the steps, side walks and streets fronting the
Court House, all apparently in eager expectation
of seeing the prisoner and of hearing the SEN
tence OF the Court. At nine the doors of the
galleries were first thrown open, then shortly
afte the lower door, when in came the immense
crowd, pell nell, rushing, pushing and crowd
ing, each one. his way to an eligible position. In
q few moments the Court House was jammed
and packed with people, and over the heads OF
the crowd back through the hail. we could dis
Germ people on tip toe, yainly peering and sight
ing towards the place where they supposed the
prisoner was or would be.
The Clerk, then, in conformity with his duty,
said:
John Burns, stand up"
''You have been arraigned, tried and found
guilty of murder IN the first degree. Have you
anything to say why the sentence oil death
should not be passed upon you?
The PRIsoNER.-"All have to say, my Coun-
sci Will say for me-"
Mr. Pendleton then stated some reasons why
he should ask of the Court a new trial for the
prisoner. Prominent among these were the pc
Collar, mysterious circumstances attending the
conduct of the witnesses at the time of, and sub
sequent to, the murder. There they were, he
said, all together, out on the Hill. When the
first blows were struck, part of the company
came away; the others remained while further
blows were struck; and neither during the in
Fiction of the blows, nor in the intermissions
between them, had any attempt at rescue been
made, with the single exception of the feeble
effort made by Mary Ann Smith. Four of
them, including the prisoner, waited there
some considerable time afterwards, and then
came down the hilltogether and separated, each
one to his or her employments, apparently with
out any definite idea of or any feeling as to the
result of their nights debauch on the hill. Mr..
Peudleton argued from this that there was
seeming of something more about this murder
than had yet been developed. He did not deny
the guilt of the prisoner; but he could see very
plausible grounds for suppOsing that the blows
inflicted by Burns were not the result of malice,
and that Burns did not really himself, nor his
comrades, know exactly what they had done
all, no doubt, being under the influence OF
liquor.
Mr. Pendleton continued at considerable
length, reviewing the character of the witness
es, individually and collectively, stopping to
comment especially on the fact that three of the
witnesses who had given evidence, had been in
a cell together i'll Jail, and had told about the
same tale.
Judge Thompson, after the remarks of the
counsel for the prisoner, proceeded to state why
the motion for new trial could not be granted
He was, himself, satisfied that the finding Of
the jury was correct. The evidence of one of
the witnesses alone, (Fariey,) had fully con-
WINGED him of its business. The blows had
been recounted in the indictmet, separate
", any one of which was fatal blow
The prisoner had shown desperation-a
determination TO do the horrible deed, in
the pertinacity with which he, after interims
for reflection, had followed them up. He had
hit her several times with the handy billy-he
had several times stabbed her with knife-he
had then beat her with stone on the head
The fact that he may have been under the in
luence of liquor, was not an extenuation, for,
as it had been well remarked in another case
during this term, intoxication with liquid fire
might be hkened unto natural fire when ap-
piled to certain kinds of ink on what seemed
to be white paper. 1t brought out distinctly,
written lines and words. 1t made manifest
what was latent. So had this liquor, in the case
of Burns, given nerve to a purpose and desire
which was ranking in his bosom. Much as it
would crafty him, the Judge stated he could
not, consistently with his duty to public justice,
grant the motion of the counsel for the prisor-
er
The Judge then proceeded to pronounce