The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1883-02-22

. shoot second time. Burn
shoot George. You have alre
eet my overcoat and l will CO.
his coat and handed ii to him, say
you, get out of here" He went out.
hotel.
Cross-examination.-I took Burner
from the drawer Of his bureau, and gavt
r the clerk of the hotel, Mr. Teller. Have
seen it since. Did not examine pistol.
~ c. Gregory was examined as to Burner
condition and testified about the same as tn
| day before
j, Cross examined.-Saw pistol in drawer ,ant
saw Mr.. Lickliter take it out Did not exam
inc it. Never saw Burner with any pistol.
DR.. Il. II. Henkle-After again detailing hi,
treatment of the case, witness said in sub
} stance: My opinion of his hopefulness wal
based upon what patient said and did in my
presence. He frequently asked my opinion
and it was given as stated before. With one
exception, when he made no reply at all, his
answers expressed hope. Saw the Common.
Wealth's attorney four times during illness Of
deceased. Was informed that dying declsra.
tions were only admissible when patient had
given up all hope. l did not take his reply
There is hope then" as being made inter.
negatively, but regarded it as expressing hope
it being accompanied with a smile and gen.
eral lighting up of countenance
In response to question by defense, witness
stated that the difference between the weight
OF ball taken from Burners body and that from
Amiss' pistol might be explained by the fact
that in cutting the ball from the back bone.
small particles of it had been Clipped off.
DR.. Henkle described the probable course of
the ball, had the deceased been in certain at.
titudes, and concluded that the wound could
not have been inflicted had the pistol been on
the floor
Mr. Fel2er, clerk at hotel testified that he had
received the pistol from Lickliter, put it in
drawer, noticing that one chamber was empty.
| Gave it to deceased's brother late in the even.
ing of the death.
Lenaaey Burner, a brother of the deceased
reached Staunton at 5 p. m. of the Sd, having
| been summoned by telegraph Mr.. Teller
handed witness the pistol, with other things
of the deceased, such as his watch, &c. One
chamber of the pistol was empty No shell
| IN 1t. The hammer was resting upon the
empty barrel. 1t was his brothers habit to
carry pistol with one empty barrel upon which
the hammer rested. The deceased was the
general agent of the Prick Engine Company,
and travelled in Virginia and West Virginia
selling machines and collecting money and
| notes. Expressed the pistol to Mr. Echols. he
having sent for it.
Burners pistol was examined by the Jury.
1t is SO calbre Harrington & Richardson,
| selt-cocker, five barrel. Amiss' pistol was
30 calibre Wesson 6 Harrington The hat OF
Burner, pierced by ball, was also exhibited
| At this point the defense stated that the
case Lad been rested, and the Court adjourned
| for the day.
MONDAY.
| At the opening of the Court on Monday
morning, Judge Smith stated that he had been
| importuned, both in person and by letter, for
passes to the Court room, and that he had uni
formly refused to grant such passes, as he
did not conceive that he had the right to dis
criminate between citizens. 1t was found abb
solutely necessary to the preservation of order
that the crowd should not be permitted to be
so damned together as to produce continuous
shutfiing of feet and consequent confusion.
For that reason he had instructed the officers
to allow the house to fill to its seating capacity
and then close the door. He did not propose
to draw any distinctions between citizens (;
the humblest had as much right to seat as
the most prominent; and he extended the
same privilege and placed the same restric-
tions upon all. Those who came first and Sc
cured the seats were entitled to them.
| The result of the rule established by the
judge was that the best of order has been
maintained, and we doubt if it has ever been
the case where trial of such Importance was
going on, that there has been such freedom
from confusion in the Court room.
| AN ABSENT WITNESS.
| Mr.. Echols announced that the prosecution
proposed to examine another witness and de.
sired the officer to call Mr.. Sandy Wilson.
Mr.. White stated that it was the under
standing of counsel that the prosecution had
rested its case on Saturday evening, and SUBJ
mitted that it was not proper now for it to in
troduce evidence in chief, or of which the de-
tense did not know.
! Mr.. Echols said that the witness was not OBJ
tainable on Saturday, and they did not know
that they could get him. He had since been
summoned, however, and was understood to
be in town.
After some little time, the witness not hav-
| ing been found, Mr.. Echols asked for rule
against him, returnable at once. 1t turned
out, however that Mr.. Wilson had not been
legally summoned, the police officer having
met him at time when he did not have the
summons about his person. He had notified
him verbally to be present on Monday, but
the witness had left town and was last seen
going out the Parkersburg pike.
TESTIMONY FOR THE DEFENSE.
I L. a Saunders, of Mt. Crawford, being in
troduced by the defense, testified that he was
acquainted with the accused. On the evening
of the first day of December County Court
the 25th) had met Burner in B1rks restaur-
ant. Burner had gold headed cane and wit
ness asked him to make him a present of it.
Burner replied that he had already given away
too much gold. When witness asked what he
meant, Burner said that he had given Fannie
Lewis gold watch that cost $110. Witness
said You had better look out, Amss will give
you trouble about that girl. and Burner showed
a pistol and said he always went prepared to
take care of himself. Burner was in my Of
flee in Mt. Crawford on the end, and asked if
l had any cartridges. Told him no. He came
to Stanton that evening. Think Burner was
in the habit of carrying pistol.
| On cross-examination witness stated that
he did not know Amiss ana had told him
nothing that passed between him (witness) and
Burner.
REORGANIZATION Burner said he had given
the watch to Fannie Lewis and intended to
get value for it, Witness did not know Fan
ME Lewis or anything about her.
At the conclusion OF Saunders evidence the
defense rested its case, and the argument was
proceeded with.
HON. H. H RIDDLEBERGER
opened the case for the prosecution in a speech
of marked clearness, force, ability and power
After some preliminary remarks, he cited yari-