The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-03
THE SING SING CONVICT MURDER.

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Trial Of Thomas Burns, Alias ssBrickicys''
and George Wilmington for thc Murder Of
Charles M. JeGerds-Opening OF the Trial AT
White Plains Yesterday.
The trial OF Thomas Burns, alias .'Brickley," and
George Wilmington, who stand charged with the
murder OF Charles NJ. Jenerds, convict in Sing Sing
Prison, condemned 10 death for the murder Of his
stepfatner, walton. ana John w. Mathews about ten
years ago. but afterwards respited by the Governor
commenced yesterday in the Court OF Oyer and Ter
miner at White. Plains before Judge Gilbert and
Judge Cochran. two Justices OF the County Court.
The peculiar circumstances Of the case and the ex-
ceedng barbarity OF the murder, together with the
fact that Jeerds was one OF the vilest characters
thar disturbed the peace Of the community lent
great interest to the trial. The court was crowded
by people from the surrounding country, and con.
siderable excitement prevailed In the town and
neighborh00d. The impression prevailed that the
prisoner, Burns, was guilty, and 1t was therefore
dficulf TO find Jury without bias against the &C.
cused.
The history OF the case Is briefly as follows:-On
the l4th Of last May Charles M. Jenerds convict IN
Sing Sing Penitentiary, was found at quarter to
twelve O'Clock in the day, while all the prisoners
were at dinner lying In an upper story OF barn
situated within the prison walls. He was sitting on
bale OF hay, with novel (''Guy Mannerng''l IN his
hand. II was found that he had received three
blows on the head from behind, evidently with
some sharp instrument either OF which would
have caused DEATH He was discovered by
man named Rhodes, also convict who on
entering the barn saw blood trickling down through
the rafters Of the barn to the noor he also heard
groans and a movement overhead, which induced
him to 20 up stairs and caused the discovery Of the
body OF the murdered man. Being greatly excited
he did not stop to examine the body TO see who 1t
was, but ran Immediately TO Mr.. Forrest, the War
den, and notified him Of what he saw. Measures
were at once taken TO ascertain the extent OF the
injuries JefYerds had sustained, and II was found as
above stated, that they were OF fatal character.
lie remained unconscious for two hours alter being
disco vered IN the barn and then expired. For some
some time after the tragedy there was no evidence
brought forward tending to impcate any one; but
a rumor soon spread that Thomas Burns, the pr-
soner, amt Wilmington another prisoner, who Is
also indicted as an accessory, were probably the
persons who perpetrated the bloody deed. This
rumor arose nj that time from remarks that were
made that Burns had had dificuty with Jeferds
and threatened his life. 1t was further remarked
that he had been seen in the barn on
The previous day in similar position to that the
per petrat0r OF the deed must have assumed at the
time Of the murder. On the Coroner's inquest con-
vict testified To having seen Burns go into the barn
shortly before the occurrence and seeing him standing
IN the immediate proximity OF where Jenerds was
found, with upllfted axe, cutting, the witness
supposed, bale OF hay. Another witness testified
10 having overheard a conversation between Burns
and Wilmington, in which the latter said, "Why did
you hit him hard ~ and Burns replied, 'Intended
10 Kill the son OF - II was also given. in tes
mony al the inquest that Burns was seen cr0uchIng
behind Je1erds on the day prior to the murder, in
the hay loft. and about the same place where the
the cs IN Inc az ar AZ tSey were Of
The CorOner's inquest. How far the testimony OF the
witnesses which Is given below establishes these
facts Will be seen by perusal OF the report.
The principal prisoner, Thomas Burns, was, on mo-
ton OF his counsel brought In first and arrgned Tor
trial He is young man about eighteen years OF age,
fair complexion gray small and restless, square
Jaws without beard. He Is over I'VE feet eight inches
IN height, strongly Dut ana very broad ~ the shout
which Is large, with "a very hard and cruel ex.
preston.
John ID. Townsend and George Gallagher appeared
On behalf OF the prisoners. Owing to the reason
already mentioned there was considerable difficulty
in obtaining jury OF citizens who were without |
bias In the matter. Quite a number OF gentlemen |
were told TO stand aside because they had imblbed
strong feeling Of dislike to the prisoner at the bar
from his personal appearance. The following are |
the jury empaneled to try the case:-Morris q. |
smith Louis Rye Edward S S VIM. Hart rardy,
C0liard, Denis DAILY, OraD Reynolds Chas
G. Wikare and +. Avery. |
part Of the prosecution made the following remarks:
This prisoner il charged with the murder OF Charles
N. Jenerds u convict in the state Prison at Sing |
Sing. The prisoner himself ~ also a convict now. |
They both c0nvicts at the time OF the murder.
Nearly all the witnesses who Will be called are
vcts who by special act OF the Legislature are al
lowed 10 testify In such cases. on the l4th day OF
May last Jeferds was In barn on the ground or the
Prison, having charge OF the stable. About noon, |
when the convicts were being called to dinner q |
convict who had been sent TO the barn found the |
body OF man whom he supposed had committed |
q ssa Tcr sge
the Warden Of the Prison., who a. once went 70 the
barn ana found the body Of Chss N. Jeferds reclining
some bundles o. nay win hs head spit open
he lived until about three O'Clock In the afternoon.
The bundles Of nay. three IN number, were so |
sss rss. ss 81 sa A pSs 81 ns
which he was found and the finding Of book by his
side Indicated that he had been reading There
several severe cuts upon his head, showing that
the wound had been i11icted With some sharp |
weapon. Upon examination Of the premises This
me foot OF be stars e hav o s
Jencrds was IL was placed between the siding and
the casing 0 the building ana where IL did not DO
used for chopping wood in the adjoining build |
ing, and that IL had been prepared for the |
,ssa as %! IL bad S Ssss newly Rna ys s
'' snos sfh s. he " sSss es' sn
and for various reasons Is believed eyed that this per-
man named Burns or Brickey was seen In the barn
a. that time Of the day for short time and then
edmt uut Iuc Inu1 w fltttHH'ou, H'etSh WIN H"o /
prisoner. was also in the barn. at least he was met
going from the barn towards the well about the
time or Just before this convict entered ,ne barn
We shall show motive for the murder. Burns or
Hrckley was hostile 10 this man Jenerds. A few
days before the murder he had quarrel with him:
He raised an axe at Jenerds. Jeiierds also raised
an axe, and said, sIf that's " come on" Burns
then said, ~ will be square with you before
this day week. We VIII show you that on
another occasion Jeferds passed by point
where Burns was ana the latter remarked
To another convict, There goes mean son Oi-a
- VIII be the death OF him before long, ON
another occasion while this man and his associate,
Wilmington, were together, conversation between
them was overheard day after the murder OF def
ferds A convict hearing them taking OF Jefferds
drew near them So that he could hear and see them
without being seen HIMSELF Wilmington said,
"Brick what made you strike 40 hard ~ when he
lBurns replied, ''Wny, went IA TO XIII the son
OF u -.N
David P. Forrest, warden Of sing sing Prison, was
called and sworn--Hc testified that on tue i4th OF
May he was notified that there was u man. wounded
or dead, lying IN the hay loft, and that ne immedia-
tcly went there. Jenerds was hall lying against a
bale Of hay his head reclining 10 the right, his cap
on the ground and book III Ills left hand "a cory