The New York herald., 1872-07-11
TIE GOTHAM HOUSE MURDER.
Trial Of James Burns for the Murder Of John
Halloran-Testimony for the Prosecu-
tion-The Defence insanity.

for murder in the first degree, was called up for
trial. The accused Is charged with shooting John
HalOran on the 2Sth OF April last Assistant Dis
trict Attorney Sullivan appeared for the people
and Mr.. william =. Howe represented the prisoner,
who occupied q seat by him, accompanied by his
wife. II appears that Burns was Deputy Sheriff
In the Marine Court
The jury was empanelled in few moments only
one or two OF the jurors stating that they knew
anything about the occurrence.
Mr.. Sullivan opened the case for the prosecution,
stating that the testimony to be adduced would
show that on Sunday morning about three O'Clock,
the deceased tHalloran) was in liquor saloon called
"The Gotham" on the west side of the Bowery be-
tween Houston and Beecker Streets sitting quietly
with Messrs. Leahey and McCabe, when suddenly
the deceased entered by the side door with pistol
In his hand. He said to Haloran, "Get up, you son
of q -" The deceased got up and without
either of them saying word, Burns pointed his
pistol at Halloran and shot him in the side, infict-
ing fatal wound. Halloran tried to make his es-
cape, but was followed by the prisoner, who shot
him in the thigh. In conclusion Mr.. Sullivan said
that he understood counsel for the prisoner would
claim that he was not responsible for his acts.
ANTEMoRrEM STATEMENT OF THE DECEASED.
BEFORE any witnesses were called Mr.. Sullivan by
consent, read the ante-mortem examination Of Hal
loran, taken by Coroner Young, at Bellevue
Hospital, on the Sd OF May He id:-"About
three IN on ssndsS %orn A Ro% %
McCabe and James Leahey. James Burns came
peated the expression and got up, and then he
pulled pistol and shot me In the left side Of the
chest ran away from % him and got into the entry;
entering my right thigh After the second shot an
officer was sent for, and with him walked to the
Seventeenth precinct. From there was taken to
Bellevue Hospital on Sunday morning, about six
O'Clock. Burns was brought to the hospital
and identified him as the one who shot me.
have never had any trouble with Burns, and there
ts no excuse for his shooting me. had not seen
nm for r. about DO Two mo months Burns m did not appear
was shot. only had trouble once with Burns,
Burns was then the worse for liquor and was
rather boisterous. checked him while in the
% s16 we naa few words Since that
The testimony Of Dr. Marsh who made the post
mortem examination was then read. He found
ion the wound IN the chest was the of death.
James Leahey was the first witness examined.
morning Of the shooting that while conversing
With him Burns Burn ran In very quickly and said to
the the chair fen; he turned round ar ana Say; saw
hand; as soon as he was shot Halloran ran out;
Burns ran after him; neither Burns nor Halloran
witness ran into the billiard saloon ana imme-
diatey heard another shot fred; there was no
quarrel between the parties and at the time Burns
entered Hall0ran was not disturbing anybody, nor
was he Intoxicated.
Ci iOss-examIned-I thought Burns was crazy; he
acted like crazy man have known the prisoner
wrong
testified that he saw Haloran In the saloon and
that he was quiet he did not see Burns fire, but
heard the shot and immediatey after saw Halloran;
previous to that and had no quarrel with Haloran.
Officer Pierce testified that on the morning In
a% s aad @ S Ss az
The body and ssss Thomas Burns s aid 'uh; 4;
Burns walking down Third street with
two women; upon arresting him the offlcer
the prisoner talked very strangely, and said .'You
want to get your name into the papers;" he said he
was an 0f1cer too, and showed q shield.
Mr.. Howe cross-examned the officer at great
length, and he said that the prisoner seemed very
amd talked very ns strangely
house when Haloran was taken In wounded; that
shortly after Burns was arrested and brought in he
promptly, and without the sergeant asking
him any more questions he said, sergeant,
he decline to any rne
which he wished to be delivered to Mr.. Ferguson, q
deputy sheriff. The prisoner appeared to be like
person who had lost rest and had been drinking
The witness McCabe was called but failing to an
swer, Mr. Sullivan said he would rest the case for
Mr.. Howe opened for the defence, and informed
the jury that he hoped to be able to clearly show
that the prisoner was not IN MS right mind at the
who said that he had been deputy sheriff and
knew the prisoner for the last thirteen years; he
occasions; the first was some time In last
February, when he had been drinking; the
been out for four days. he was almost e madmam d
that day; he told the witness that different ones
were going to murder him; that his reputation had
been assaed by different men down town, who
were trying to ruin him; he would sometimes talk
nationally. The next time spoken of by the witness
was day or two prior to the shooting, when they
met in the Park. Burns was apparently sober: he
said he was going up stairs to The Marine Court to
attend to business; the witness advised him to go
home, that he was not well; Burns said he was
going up stairs to throw two men down stairs and
then he would attend to business. In reply to the
the men what Burns said but he (Ferguson) did
not believe that Burns intended to do it.
tr TO Mr. Howe +S knew that Burns was suffering
labOring under o hallucnation because fe asked
me me for $1,000; on the night Of the shooting
Square Theatres Burns said, holding his hands np.
sit is grand skin;, "what DO you meanYn in,
some woman promised him $6 il he would 20 after
it; he did go after 1t, and did not get It; they
walked down Fourteenth street together, and
portion OF the time Burns would talk nationally
about business and the other portion OF the time
he would talk as crazy man he was sober then;
lie nau spellS Ot going on spree, Wnen around the
Sheriff IS Office he would behave very quietly. In
answer to Mr.. Sullivan Ferguson said that he
brought the prisoner to DR.. Shine. who was in the
Board of Aldermen's room, in the park, and he
gave him prescription.
Frances Conking, scamstress, and friend OF
the prisoners wife, was the next witness examined
by Mr.. Howe as to the condition OF Burns' mind b,
She In the habit visiting his house frequently
and although she never saw him drunk but twice
detailed instances when he acted strangely for the
last i've years she noticed great change I'm him
at certain times he would be dcllrious and wander
v,ta fpA. ala.
enemies, saying that they threatened hfs iife and
reputation he was sober at the times when he
thought people were going to kill him. She spoke
OF a time i'm March last when she was at his house.
lie commenced TO take OF his clothes, and when
she was about TO leave the room Mrs. Burns said
.'For Gods sake, don't go am AFRAID to stay I'M
the house alone with him. lie afterwards went
out and did not come back TIL midnight, and when