New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-09-09
THE BURNS MURDER CASE.
pAPIp CoNvALEsCENCE OF AN INSANE MUIR
pERER IN A LUNATIC ASYLUM.

Tho annearance of James Burns, the muir
aoror IN the Supreme Court on Saturday is exciting
universal interest Just at this tme when public at
tenton has been directed TO the lunatc asyums' ana
This case reyives the question whether murderer WIN
pleads temporary insanity as an excuse Tor MS cIe
and is confined lunatc asylum can be released sun
seaueny Burns II will be remembered, was trled iast
Apr for the unprovoked murder of James Halora' III
the Gotham saloon in the BOwery W. F. Howe &C.
Tended the prisoner in the Court OF General sessions
on the ground Of insanity and was succcssiu III oO'
ing verdict in accordance with the plea ana 'no iu
derer was conveyed 10 the lunatc asylum al Ouoa' %
restlessness of the prisoner increased anu no "e
claiming to be insane he induced the same counselor
apply for writ Of habeas corpus, and on SATURDAY INC
case was heard by Justice Leonard in the presence
An expectant interested crowd. Burnss WIG ANU
children were present The District-Attorney Wac Do
sisted by ex-Judge Bacon in opposing the writ
Mr.. Howe called attention to the fact that he repre-
septed the relator who had been brought INTO Os W
the authorities from the Utica Insane Asylum w'nei
he had been sent by the Court OIL General 9eSSion
lime last Burns had been tried for murder In the rsC
dagree He was then acquitted the ground that AZ
the time of the unfortunate occurrence, when resueu
in the death OF man. Burns laboring under ~ Vi
temporary delirium brought about by lndueehoe ~
spirituous liquors. Since his trial IL hau no"o'o,
peased an awise Providence TO restore the sha'eeo
reason Of the prisoner and be was now as sane as any
/
was entitled 20 his discharge.
Judge Bacon in reply contended that Justice Leoharu
had no jurisdiction in the premises, and that lhe
nroved that Burns had committed by the Cou Oh
General Sessions Court OF competent criminal ]ursulc
ton and that, therefore, this Court nau n1I o R ds
to 80 behind the return, and the wit should 'hS W ~
District Attorney Garvin next rose and claimed that
the prisoner entitled TO no mercy ana That no Ia
sympathy for HIM should oetr9de lisel codhooded
heartless murder, which should nave senb NY 1900
nerpeTaor OF the dastardy deed 10 the scaold hsed
~ permitting him TO seek, through the ingenuity vi
counsel, release because he IL sane WnSu soi & 80
months SINCE IL urged that nc was ls"no no
resnonsible for his acts. The jury in that instance
lieved the defense and acquitted him Dut the htat.c
luckily protects this community from these 20
lunaties and So by order OF co h fitca Hsylnm
Apart from this question OF law presen tso r,s
Confederation OF the Court, and the wit OF hipeas
| should have Issued from the COUNTY ""'i0 WV
Mr. Howe replied that statute could rob man OF
his constitutional privilege OF appynE o nstoD hero
before the Court OF the gTaVest m on
here was citizen who, through the lnsoruDie ction
Of fine Almighty, had been visited WIN an a
Vrtcb tcunoraTliy deprived him OF his reason, anu
While ot the time not legally responsible, he comntiet
an act which, in law was not orle ~ intense
denied that Burns sane cluzen sunerng i.oh h5
punshment-immured in prison WIN uhatlos as LIE
companions-the horrors OF Slng-Sng wouu De pVu
10 hfm-a father taken from MS Wlie anu
who I'm looked TO the Court and demanded the right OF
sane man 10 be released from this madhouse Inc law
| was not yindictiVe. visitation OF Goa shouu noV go
nnnhed Inn the person Of the unfortunate prisoner Hls
further in prsonmen as the return cOncedeu MS say
was a great cruelty, hardship ana TnV V vi" Dis
society and it was the Courts imperative duty W us
| charge the prisoner and sustain the demurrer s
Al Tho conclusion OF the argument Justice Leonaru
asked the papers, and said he would caleIy NSs
gate all the authorities pertaining 10 tle seet t
discussion, and in the meantime renamed bus 70 w
morning when decision viii be rendered and the ques
| settled.