Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1883-02-23

always 60 prepared to take care OF my
self" saw him the day he was Killed.
He was in my office at Mt. Crawford fof
fifteen minutes that morning. he asReo
me if [had any cartridges. said l had not.
He said he was going to Staunton that
night. Burner generally carried a pistol
Cross-examined by the prosecution
We were talking in Burke's restaurant.
not in the bar room. Burner told me that
he gave $110 for the watch be gave Fannie
Lewis. did not see the watch.
The Court.-Did you communicate what
Burner had said to Amiss.
Wltness.-No, have no acquaintance
with Amiss whatever. 1 had spoken to
Burner OF Amiss before that. | did not
and do not know Fannie Lewis. never
was in her house and never knew where 1t
was until after the killing Of Burner.
By Defense. -Didn't you know burner
was married?
Mr.. Riddleberger-I object to that ques-
ton. There is no more license for killing
married men than any other.
After this witness closed, the DEFENSE
rested its case.
WITNESSES EXCLUDED FROM HEARING
THE ARGUMENT.
In view of the fact that the argument
was about to commence and that the case
might be appealed to the Court of Appeals,
and the possibility Of another trial, all the
witnesses who had testified in the case
were directed to retire from the room TO
prevent their hearing the argument.
Opening of the Argument.
SENATOR H. H. RIDDLEB' RGER OPENS
FOR THE PROSECUTION.
AS the arrangement for the argument
was being made Mr.. Liggett said jocular-
ly, "WeIl agree to let Riddleberger speak
and one of our men answer him and then
all quit"
Hon HI. H. Riddleberger commenced by
saying that malice seemed to run all
through this case, even the counsel suggests
that he wants one whack at me and all
will be quiet. Mr.. Riddlebereer, however,
added seriously that all of US want to
assist the jury in arriving at a proper con.
clusion under the law and the evidence.
He felt no little embarrassment on account
Of bis own position-not because he hadn't
the right to assist the prosecution not
because it was mt his duty so to do. but
because he felt as every juror must feel the
great responsibility of every one engaged
in this trial. It was the privilege of the
family and friends of the dead to engage
counsel to aid the prosecution. and it had
been decided by the Court of Appeals OF
this State that it was not only a privilege
but duty to give this aid when Gale d
on. He knew the hesitation and anxiety
that fills all breasts that have the issue of
this trial IN their keering but the jury must
remember that their duty is only to make
''true deliverance Of the prisoner" The
rest lies with the court. This case had
nothing of manslaughter about it ; it was
murder.
No fanciful doubt can affect the proven
fact that Burner was slain by Amiss. No
doubt of the death or who was the MUIR
derer. The defense offered no evidence
here to disapprove the fact of the murder
and it only remained for the jury to say
whether it was wilful and premeditated
murder. Mr.. Riddleberger then went on to
argue and to cite authorities to the effect
that the employment of deadly weapon
constituted generalization in the eyes OF
tie law. The defense had only proved
that Burner had told friend that he
could stake care OF himself" No sugges-
ton on that score of self defense. Amiss
showed generalization all the way through.
He refused to be stopped on the steps
though begged to do 80. When be came
to the last door he threatened to kick it
down; all the time with deadly weapon
In his pocket. Coolly polite to the keeper
of the house down stairs; declining to let
her precede him up stairs; his heart was
full of malice and bent on murder.
A voice in the gallery.-"Oh, you are
a Readjuster, that is all right"
Mr.. Riddleberger, addressing the jury,
Because in q crowd of four or
FIVE hundred men there is one man
who cannot understand what is due
a gentleman, addressing other gentlemen
on matter of solemnity In the keeping Of
their consciences is not your fault gentle
men Of the jury, nor mine. 1t has pleased
God to put various kinds of men in the
world, and that will account for a circum.
stance to which need not further refer.
Mr.. Riddleberger, continuing, drew a
picture of the malice on the part of Amiss
which lasted even beyond the act for after
the pistol shot he struggled to shoot bin
again, and finally when giving him lat his
entreaty and promise to go) his overcoat
he said: ''There it is take it damn you
and CO."
OPENING FOR TIE DEFKNCR
Mr.. j. N. Liggett, for the prisoner fol.
lowed Mr.. Riddleberger, whose speech
had lasted exactly two hours. Mr.. Liggytt
said that in what he should feel it his duty
tosay he would in advance say that he did
not mean to reflect personally, politically
or otherwise on the counsel on the other
side. He appeared in the case at the re-
quest of the friends of the young prisoner
whose life had 80 far been unstained, and
who had gone into the war under the lead
of Captain Riddleberger, aud who had not
left his post until covered With wounds.
MIR. Liggett attribute d the death of Burn.
er and the now unhappy condition of the
accused to vices in Stanton which should
not have existed, for both the dead man
and the prisoner had had early teaching
of far different character from that they
had fallen under the influences of in
Staunton. Mr.. Lggett said he held that
the killing of Burner was neither murder
in the first degree nor murder in tn sec.
Ond doeree hnt WAS vOlnnt arV maDSlaugh-