The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-07-12

Before Joshua Davidson, J. p. State of
Indiana rs. Elihu NJ. Burns. Murder.
SECOND DAY-EvIDENCE FOR THE


SECOND DAY[ENIDENCE FOR THE
DEFENSE.
o. Fl. Stinson testifed-Was Sitting
in front of the Phoenix Saloon; Char
ley Burns. Dunlap, joe App, and
Ryan came out and sto~dsome time;
one said there would be trouble
looked through the window; then
came in at the door; heard some one
say son Of a BIB; Burns rushed in;
got as far as the second billiard ia
BILE; Matt. Burns said, who do you
call? &C.; then a pistol went off; [
when the second pistol went off look
ed out for myself; Charley Burns
when he went in said e.hold; "
Charley Burns was looking through
the screen there was a slat out and
think he was looking through; the
man killed was "a the far end of
the first billiard, table; Clarke was
near ;Halvey did not move till after the
frst'shot was fred: think there were
six or seven shots fred; heard a bull
let or something fall; made remark of
it; think it was the second shot; cant
tell where the shot fell; Halvey went
up to Burns like a game man. bullet
sounded as If ii fell towards the door;
shots were fred very fast went put of
the door after the fourth shot start
ed after the third was fred.
Gross Examined-I stepped past
one billiard table, and about to the
other Charley Burns and another
man was ahead / was close behind
them; Matt. Burns was at the foot of
the stairs; two or three men were with
him; Halvey and. Gafney were up the
room; Halvey was at the lower end of
the back billiard table Matt. Burns
was right at the foot Of the stairs;
might, have. been two or three steps
from them when the first shot was
fired; Halvey was three or four steps
off, about the middle of the passage
between the billiard table and the
wall they clinched within three or four
feet of the stairway; Hooked at them
till | got to the middle of the first
billiard table, when Halvey took
hold OF Burns, i saw no pistol; don't
know who shot; stopped three or four
seconds; after the first shet,I walked
from one table to the other; four
shots were fired while | was in the
house, and others when | got to the
door; went out backward; made the
remark outside that there were
six or seven shots fired; think /
made the remark t othe hackdriver and
Chip Hunnell; think there were two or
three shots fred after / got outside;
/ have not talked about the case;
never saw any man clap hands as [
did; did it to illustrate the rapidity
of the shots; have been boarding at
Singers for the last three or four
weeks; have been here three or four
months; stayed no place in particular
before [ went to Singers; ate some
times one place and sometimes an
other.
Capt. Redfern testified that Oran
B. Clarke had told him that Charley
Burns was the first man that took
hold of either of the men that had
been shooting.
Thomas Royston testifed-Was in
the third story, and saw nothing of
the difficulty; heard the reports of
the pistol; could not say how many
shots were fired; might have been
four, FIVE or six; difficult 10 tell, IN
less a man was giving especial atten-
ton to it; the firing was very rapid;
thought two or three persons had
been shooting; had no experience
with pistol firing; Matt. Burns was
employed to keep door by my depart
ment; it was a rule to have tickets,
to keep out Toys and persons not
wanted.
Cross Examined.-Had a keno
room; feel some interest in the case;
have not contributed a dollar for the
defense.
Owen Darling testified to getting
Matt Burns pistol;V Burns asked
Clarke to give it to him; heard the
shots; thought there were FIVE or six;
might have been seven; the firing
was very rapid; the first shot was
more distinct, the 4 others seemed
blended together; have fired pistols
some; don't think / could fire so fast;
it might be done; looked at Matt
arm next day; the hole on the out
side seemed the smallest; saw the
mark on the other arm two or three
days after; helped take Halvey to the
Engine House; asked him if he knew
who shot him; he said he believed he
would know the id son of a b-h;
have been In the army; have seen a
good many wounds, and was wounded
myself; the hole made BY the en-
trance of a bullet is usually smaller
than the exit; Burns might possibly
have wounded himself in that, but
don't know how.
Joe App testified to going to the
Phoenix with Charley Burns and
others; thought from Mats looks
that Royston had been giving him