Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-09-06
THE INTEIlLI3ENCER.
E1EEGUT'IoEI
j Ohm Burns
PoR THE MURDER OF "a
MARY ANN MON TON Y.
Particulars Concerning the Murder
Facts and Incidents before and
Since the Trial.

Facts sandIncidents before and
Since the Trial.
On the 18th day of May last the murdered
body of Mary Ann Montony, courtesan, was
found upon the hill above the city, in the vicini-
ty of what is known as Jonathan's Gut. Marks
of most dcmonical violence wercevisible upon
her person. She was first discovered by some
boys, by whom the fact was reported in the
city. AT first there seemed no clue to the foul
deed-butin few hours it began to be bruited
about that a certain company of vagrant per-
sons in the habit Of frequenting this hill had
been seen there the day before. On the strength
of these rumors, warrants were issued by AL
derman Hamilton, for the arrest Of John Burns,
Oscar Myers, Polk Chalk, John Rodenbaugh,
John Farley, John Wesley Smith and Mary
Smith. They were seyerally examined before
Alderman Hamilton, but there was nothing of
definite or perfectly satisfactory nature elected.
Enough, however was brought out to fastcn
suspicion yet more deeply upon this party of
persons, and they were accordingly enc and all
committed to Jail by the Alderman to await an
examination before the County Court. The
County Court was in session in the following
week and they were brought forth for examina-
ton. On this examination Mary Smith, the
leading witness, testified directly to the pcrpe-
tration of the crime by John Burns. 1t will be
remembered that she denied any knowledge of
1t at the trial before the Alderman. Her testi-
mony was direct and explicit-given in a man.
or so earnest, open and satisfactory, as to leave
no doubt in the minds of the Court az to the
truth of what she said. Her testimony was
corroborated past reasonable doubt, by the
evidenced of Oscar Myers, Polk Chalk and Farley,
who all testified to the fact of Burns having
struck the woman.
After their examination they were recommit-
ted for trial before the Circuit Court. In few
days they were accordingly brought before this
Court, where pretty much the same evidence in
every particular was adduced, with the same
effect upon the minds of all auditors; viz: that
John BurnswaS, without doubt, the murderer, in
deliberate malice, of Mary Montony. The only
new feature elected ut the trial before the Cir
cult Court, was the evidence of the father of
John Burns, who was unfortunately for himself,
brought upon the stand. His evidence was
seen at once to be so irrational, contradictory
and every way SO NAL appropos Us to be almost
snlnmariy dismissed from credibiity in the
minds of all who heard it. 1t was painful
ly evident thatt was the dire resort of the
sorrow stricken and desperate heart of q father
to save his child. 1t will be remembered that
in the sentence of the Court, it was forciblv
reverted to as being both painful and heinous.
After longiand careful and impartial hearing
and defenceibefore ajuryi of twelve respectable
aud Intelligent citizens, it was their unanimous
verdict that John Burns was guilty of murder
in the first degree. On the rendition of the
verdict the prisoner did not seem particularly
etfected-but rather maintained q stolid andun-
appreciatiye indifference as to the hopeless and
appalling fate to which it consigned him. On
the following Monday after the trial he was
brought into Court for sentence Before pass.
ing sentence, one of his counsel interposed in
iorclble speech in his behalf: citing the pecu-
liar nature of the time and circumstances of the
deed as tending to raise a doubt of murder in
the hrSt degree, and as reasons why new trial
ought to be granted. These objections we've
reviewed and overruled by the Court, after
which John Burns was ordered to stand up and
receive his sentence. The Court House was
densely packed with people-among them was
me lather OF the prisoner who. as he looked visit
fully and inquiringly in the face of the Judge,
was an object of pitiful interest, The prisoner
seemed to have armed himself with bravadoish
lnsemslbiity to his disgrace, and only when
reference was made by the Judge TO his father,
did nc seem conscious Of the'import of the words
uttered by the Court
1t was understood by one of our reporters
that Burns, on being re.committed to his cell,
alter his sentence, acknowledged his. crime to
nne OF those having him in charge and accord
lngy our reporter, in company with another per-
son, asked and obtained leave to visit Burns in
his cell Gu being questioned as; to some Of the
evidence adduee6 at the several trials which ne
had had, he at first preserved short and rather
snllen sort OF eyasiyenesS, but as he was talked
with he gradually grew more genial and COM
munlcative. The facts were of "a general nature
ELECTED that Qfternoon-and. our reporter not
being prepared to take down anything in detail
asked Burns whether he should call upon him
at another time, He readily expressed his as.
sent and invited him to call, at any time. Ac-
cordingly, u day or two afterwards, our reportef
went up and converSed with Burns alonefin his
cell for an hour or two. AS on the previous
occasion, Burns was taeiturn and rather non.
commlttal ut first but again relented, as it were
and seemed not only willing to answer any
questions, but to go off himself and tell Incl.
dents connected with his Identification with the
murdered woman. What he related to our re.
porter vas substantially as follows :; s,f5,
tirst got acquainted with Mary. Ann AIonto-
NY about the 1st of April. She appeared to zoe
of French descent, but could talG both French
and and German. The way L got acquainted with
her was this: One day when was sitting at
the corner right opposite the First Ward School
House, saw woman turn down North street
She looked as if she might; be crazy. thought
she was, She had a yellow sun bonnet on.
had a. bundle in her hHnd4-a pair of scissors
swinging around her neck I thought that per.