Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1883-02-20

l"All right
He seemed to be in the act of arranging his
| clothes, had his trunk and valise open, and
| outside shirt off and several garments lying
around. After putting on his clothes he said
he was ready; told him I would have to COM
| NIT him, he said "all right" and took him 30
jail. Hound pistol in his valise. All the
| barrels were loaded, also found a package OF
cartridges; the pistol smelt as If it had been
Gently discharged.
Witness here exhibited the loaded pistol
which was cautiously handed around amongst
| the counsel.
| After recess Capt. Waters continued his tes-
| timony:- -.-s -....
| 1 examined the premises and the room OF
Fanny Lewis. The door had been recently
| painted and vanished, and could see plainly
the marks of boot or shoe in two places on
and could easily slip by the latch. Took pair
OF Amiss's shoes from his room and compared
them with the tracks, and they fitted exactly.
| even to the number Of the nails. I noticed
! broken mug on the wash stand the morning
| after the killing occurred. 1t seemed to be
l freshly broken
DR.. Fl. H. Henkel, sworn Il was called to see
| Mr.. Burner at the Virginia Hotel on the night
of January End, about $40 O'Clock. Found him
reclining on his bed in a state of extreme pros
tration, surface of body covered with clammy
perspiration and almost pulseless at the wrist
and in great pain. Very soon after entered
the room he vomited and had been vomiting
before got there. I raised his shirt and loca-
ted the wound. 1t was not bleeding externally.
made no further exami nation of wound then.
Immediately gave hypodermic injection OF
half grain sulphate of morphia followed by
half ounce whiskey administered in same way
Soon his pulse became a little stronger and he
revived some; still complaining of pain. In
about Is minutes gave him one quarter grain
more of morphia also hypodermically and sent
a message for my brother, DIR. A. NJ. Henkel.-
de soon arrived and we probed for the ball in
various directions. but probe would not go in
any direction further than three-quarters Of an
inch, upon further external examination found
no indication of ball having lodged in the alb.
dominal walls. After this gave one-half ounce
OF whiskey by mouth it was vomited imme
diately. Passed a catheter in the bladder and
got clear urine but no blood. Patient had raj
led somewhat by this time, but still com
planned of pain. My brother left at II. About
midnight, patient having previously slep'
some, gave another injection of morphia. He
requested to be turned over on his right side
attempted to vomit. There was no blood vom-
tied at any time. He again went to sleep, and
was sleeping at O'Clock when left him. My
brother came about o'clock, and was with
him until 1880 O'Clock. saw him about a. m.
and found him in about the same condition as
had left him. He was perfectly rational and
had been so when awake, all night. At 10
O'Clock the pain increased and he began to fail,
gave him another hypodermic injection of
morphla and whiskey. which caused him to
rally little, but not having rallied to the ex-
tent previously attained, about II gave him
small quantity of whiskey and milk by rectum.
In 25 minutes I could see he had rallied. At
Ills my brother and 1 both being present, he
was given another u grain of 1norphia. and at
l:30 another injection of whiskey and milk by
rectum, remained until near and left him in
abont the same condition he had been all day.
Did not see him again until after his death.
DR.. Henkel also testified to having made
post mortem examination in the presence of
his brother, DR.. Campbell of Woodstock and
several others. Found no marks of violence
on the body other than a pistol or gun shot
wound situated in the lower right abdominal
wall. The ball had passed through the sb-
dominal wall in a direction upward. back
ward and inward, twice through the small in
testines through the inferior vena cava which
carries the blood from the lower portions of
the body to the heart, lodging in the body of
the Sd lumber verterbra@ and burying itself
about ae-half inch Fnund large quantity
| of blood, probably three quarts IN the cavity
of the abdomen and found that general per-
itonits had set in. He thought the immediate
| cause of death was hemorhage from the large
vein.
DR.. Henkle here produced the ball which he
had taken from the dead mans body and
handed II to the counsel It was only little
battered and was passed around among the
jury, who examined it critically and fitted it to
| the chambers of the pistol, which was also
| handed them and examined carefully.
DR.. J. L. Campbell, of Woodstock, sworn:
Was practicing physician of q years expe-
| rience; knew ]. ]. Burner well; he was rather
stout man, about height of witness (6 feet and
sold Tricks engines; was present at the post
| norton; thought that about three quarts of
| blood had been lost. Considering the large
vein that had been perforated 1t was wonder
that he did not die in his tracks. Something
in the character Of the wound must have o.
structed the rapid flow of blood.
John Burns, owner of the Burns building
had rented room to prisoner since May, 1879
| VIM. Dunning. (col.), an oyster eopener at
| Tom Burke's restaurant. had seen him on one
occasion in the sample room there with Fannie
| Lewis. Mr.. Amlss came in and said Fannie
you go home" Mr.. Burner said, Fannie you
| stay where you are, you came here with me
| and expect to go back with you" Don't
| know what else was said. took in my drinks,
put the money in the glasses and came out.
| X. G. Helphenstein, OF Harrisonburg. was
news agent on B. & O., and knew both Amiss
| and Burner and knew that they wefe not
| friends. n
Atthe conclusion of his testimony Court adj
journed till 10 o'clock
FRIDAY.
The prosecution proposed to introduce Mr..
N. c. Gregory to prove the dying decar ations
of the deceased, to which Mr. White objected
The Court sustained the objection and ordered
| the reti, ement of the jury until the question
| of the admissibility of the dying declarations
of Burner was passed upon by the Court. The
jury retired, and then the following testimony
was taken, which, we had hoped, through
| kindness of Judge Smith and the courtesy of
Mr.. C. Fl. Butcher, the stenographer, to give in
| full, but want of space prevents us.
| N. G. Gregory testified: He was resident
Of Staunton and had waited on Burner when
he was shot. He was sitting in the Billiard
| room when Burner came in and called for
Mike Croghan. Croghan replied he could not
come. He then started for the door, but re-
turned and said, Mike, come here for Gods
| sake" He then went to his room, as witness
| supposed. Witness went to his room about an
| hour afterwards, found Mr.. Burner in bed and
| the two Drs. Henkels with him. Between 2
| and o'clock he said he would not live. julius
Scheffer was in the room. Left the room and
was gone about 10 minutes; when he returned
heard Scheffer ask Burner how he felt, said he
| felt pretty bad. julius then told him his con-
| dition and he said, "Well, this is another
| Ream's case "
Scheffer then LETT the room to get witness
| some whisky. There was no one else in the
room when Burner told me that he was going
to die; complained of pain in the bowels; his
extremities (his legsl were cold and cammy
and voice weak; had good use OF his arms;
wanted to see his brother, but not his wife,
between and told me how the affair hap
pened; he never expressed any hope of living
and witness thought he would not live; he
/ 4fol lof -