The New York herald., 1872-07-12
THE GOTHAM HOMICIDE.
Conelosion OF the Trtal OF James Burns
for tho Shooting OF John Halloran-
Verdict Not Guilty, ON the Ground OF
Insanity-Ablc Defence by Prisoners

COnclos1On OF the Trial OF James Burns
for tho Shooting OF John Hailoran-
Verdict Not Guilty, ON the Ground OF
Insanity-Ablc DEFENCE by Prisoners
Coumsel-Burns Committed to the In
sane Asylum.
The trial of James Burns, charged with the killing,
by shooting, OF John Halloran, in the Gotham sa-
loon. in the Bowery, was concluded yesterday, be-
fore Recorder Hackett, in General Sessions. From
the subjoined report 1t Will be that the defence
set up and so ably sustained by the prisoners coun
sci OF insanity saved he life OF the accused Mr.. w.
+. Howe, in his opening speech, stated frankly his
line Of defence. He fought the out on that
line He sustained II by the testimony Of wit
nesses and in his summing up to the jury reviewed
the facts established by him, closing with an elo-
quent appeal to the jury behalf of his client. Mr..
Howe first called
Jacob TnlottsoD, usher at Nlblos Theatre-He
testified that he had known Burns for the last mr.
teen years, and noticed change in him for the last
five years; at time Burns visited his house In
avenue d about two O'Clock in the morning, ex-
claiming as he pushed in, "FOr Gods sake, give me
q nights Odglng;" instead OF going to bed he
walked the floor rapidly for an hour he being sober
at the time he then lay down and grtted his teeth
very hard the witness afraid to go to sleeps 1t
was pretty near five O'Clock when Burns put on his
and left the house the day before the murder the
after taking tea together they walked through
Houston street; TillOtson noticed that he acted
queerv: he put his hand on the shoulder OF the wit
ness and said, Jake, our lives in danger;" he
was sober; when the witness left him on the corner
OF the Bowery and Houston street he said Good
night but Burns did not say word.
Dr. Il. II. kinbark said that he knew the prs-
oner, and tnat about three years ago, when Burns
presented himself as candidate for admission
upon the police Drs. Jones and Otis were favOraby
impressed, but he tDr. Kimbark), knowing his pro-
clvity to alteration OF mind, Informed them OF the
rejected. that
he attended Burns In 1850. and once before that,
result of drink; he saw burns on three ifYerent oc
casions when he was not In full possession OF his
3n but was apparently sober in
influence of liquor; when lie was dismissed from
the Assay office the Doctor prescribed for him. he
they were after him. Judging from his knowledge
OF the prisoner, and nom the evidence in the case,
the Doctor said that in his opinion Burns was not
In sane state of mind when lie fired the shot.
DR.. Shine testified that Mr.. Ferguson brought
Burns to him. and although he was sober he had all
the symptoms OF delirium. The doctor said that,
considering that he was sober at the time and If
he had derium or II 1t was aggravated from the
time he had seen him, lie would say that the prs-
oner was not responsible at the time OF the shoot
ing:
upon District Attorney sullivan rose and In some
neat remarks said that far he could Judge from
the evidence, the night the prisoner shot the man
he was laboring under the effects OF what IL COM
monty called delirium or alteration OF mind, as
consequence of previous dissipation The killing
papers, but after full investigation he believed II
to be his duty to ask that the facts be submitted to
the Jury for their candid opinion under such re-
marks as His Honor might be disposed to make.
He (Mr. Sullivan) had consulted two physicians,
with view to obtain their medical opinion upon
the facts, and he had reason to believe that their
opinion would be similar to that given by Drs. Shine
and Kimbark.
The Recorder delivered brief charge to the jury,
saying that he fully cOncurred In the views ex-
pressed by the District Attorney. He instructed
the jury that the prisoner at the time he fired the
shot must have Deen mentally conscious OF right
and wrong to have appreciated the force and the
effect Of the act he committed, and If there
reasonable doubt OF that fact 1t Injured to the bene
fit OF the accused. His Honor said 1t would appear
from the evidence that the prisoners ntemperance
OccasiOned delirlum, which had permanently af-
fected his brain; and that as the deceased and the
prisoner were friends for years, and had no quar-
rel, the circumstances OF the shooting showed
that Burns must have been out OF his mind at the
time. In conclusion, the Recorder said that while
intOXicatiOn was no excuse for crime, but rather
an aggravat0n OF IT, yet 1t was the duty of the
jury to acquit the prisoner If the evidence satisfied
them that he was unconscious Of the nature Of the
act he committed
After considerable deliberatiOn the jury rendered
a verdict of not guilty, on the ground Of insanity.
His Honor, according to the provisions OF the
statute, directed Burns to be sent to the State
LuDatic Asylum.