Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-06-04
TRIAL OF JOHN BURNS,
FOR THE MURDER OF
MARY ANN MONTONY.
Found Guilty of Murder in the
First Degree.
nvIpnNcn I'm THn CASE.

was brought into Court, IOoklHS CUM '''N
to casual observer rather unconcerned Tor
rerso,, in his hazardous situation; but close
inspection discovered feeling OF dread and an%-
iety lurking beneath his outward seeming. A
nervous tWitching of the features was notIcea-
bic, and his small eyes wandered about the
room during the preparatory proceedings
The jury, composed of the following gentle
men from the county, were called anu 'G 90;
their seats: John ID. Maxwell, Moses Ray, Eli
iah AIarling, Levi McCune, Richard Martin,
Alexander Mccoy, William L. Perine, Joseph
w Farrell, John Cunningham, Robert White,
Thomas Hemphill, William Martin.
Messrs Pendleton and Cranmer appeared as
counsel for the prisoner, and Nr. Good conduc'
ted the prosecution. Mr. Crnnmer moved
continuance of the case and the prisoner stated
fairgrounds as being in consequence OF Ethe 40
sence of one Riddle, by whom he expected TO
prove that he the prisoner) didn't Kill the
woman"
The Court considered the cause insufficient
to warrant continuance.
The iurymen were called, sworn and interro-
gated Nv the court, as to whether they had form
ed any opinion upon the subject of the trial, or
whether they had any prejudices to prevent them
from returning verdict of guilty IN case the
evidence warranted 1t.
The father Of the prisoner, man apparently
eighty years of age and very lnllrni, was pres,
ent lie was the personihcation of grief, and
manifested 2 uGSp lulGIGSL III wv
The prisoner was ordered to stand up, and
the clerk read the indictment and the law re-
lating to the finding OF VerdctS III SUCH cases
Major Good, Prosecuting Attorney, made
few remarks to the jury upon the Importance
of Il case involving the life or death of the pris-
oner charged, and explaining the difference ne
tween the various grades OF murder.
EZijah Day, Sinorn Am Coroner for this
county on the evening of the l4th of last
month, was notified that body had been found
on the hillside above the Missouri Iron Works
had Jury summoned. The body of Mary Ann
Montony was discovered lying upon her face;
on the right side of the head there was severe
wound: the skull was mashed in; there was u
large cut near the ear and temple; on the back
part of the head there was another severe
wound; found stone with blood and hair upon
it: think tine head was mashed with this stone
also found pair of scissors, with which probed
the wound: there was cut on the lip ana one
or two wounds upon the hand; called the attcn-
ton of the Jury to the wounds upon the head
either of which in my opinion was sufficient TO
cause death; the situation of the ground is de
pressed; the body lay near an elevation in tue
ground: the place was difficult of access; had
fo angle along side of the hill to get there;
buried the bouy near where il was found; didn't
think to call physician; think the WOUNDS on
the side of the head MUST have been made WIN
some instrument withno sharp angles; the body
had lain there about "a hours, before the assem-
bling of the jury; it had been raining the night
previous: | was first informed of the discovery
by boy named Bates, who had been hunting
flowers in tho vicinity.
.J0ha R0debIugh, .Si0orn.-Was up on rolling
mill hill Friday morning. John Farley, Polk
Chalk, Oscar Myers, WIN. Smith, Jimmy Rid
die and John Burns were present, besides de-
ceased, Mary MontOny, and another womall.-
Burns called deceased away from the fire; they
went away together and in about half an hour
came back; she looked pale and and frightened
and sat down. Burns then struck her with ms
hand two or three times; he struck her also
with some long thing like slung shot; (ja'lor
here presented handy billy;) it was like that;
then left with Billy Smith, John Farley and
Polk Chalk, was scared and didn't want to
stay; went up on the hill about ten o'clock
Thursday morning and was there all DAY;
Burns was not there'durng the day-he .came
after supper; heard no words pass between Burns
and deceased; about Q o'clock in the evening
went down to town after whisky; all the crowd
drank whisky; didn't see Burns drink; didn't
know the women were ON the hill when went
up: took n walk up there; didn't take anything
else: | work in Sweeney's glass house; didn't
feel like work that day; had been drinking some;
there were some eight or ten persons on the mn
at the time Burns struck the woman; got the
whisky at Hnifinan's; am married man; been
married good while; the women on the hill
;Sere of notorious bad character; when Burns
called the deceased to one side she went away
from tue fire willingly; didn't suppose there was
any numbering business going on; deceased
came back first Burns came back to the fire and
struck her; woman didn't say word; then
went away; saw Burns going down the hill al
forwards, about four o'clock; it was raining.
CThe Sheriff here demanded silence. Owing
to moving about of the great crowd in the court
room the witness could not he heard distinctly.
Every seat was occupied within the bar, and
every foothold commanding view of the Pris-
oner was occupied by eager lstenerS)
Nary Jane Smith, ,S5orn.-Well, was there;
saw all that took place; Burns struck Montony
with his hand: then with handy billy, and then
cut her with a knife; | coaXed Burns not to
strike her and ierted the billy out of his hand,
and gave it to Oscar Myers; BurneS promised
me he wouldn't strike her any more, but as soon
as Myers gave him back the billy he commenced
beating her again; this was about o'clock
Friday morning. When we left Burns said lift
had been any other woman he would have killed
me too: said he expected to hang for it, but
didn't care for anything but his father; deceased
did not belong here; she was from Cincinnati;
never saw Burns till the Sunday before this af-
fair; wasn't doing much of anything; we got
plenty to eat and drink on the hill; we had
great deal of pleasure, drinking whisky, play
ing cards and sporting around there; deceased
didn't say a word when Burns struck her: she
was lying on the ground when we left; we left
her alone; don't know whether she was dead OF
.