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

i
; did not know why Amiss had killed him, and
said nothing about making a will or sending
|. for minister; expressed no animosity or re-
! | venge towards Amiss.
Julius Scheffer: Saw Burner twice between
and O'Clock; his voice was mild and calm but
; weak asked him how he was and he said he
was In a critical condition; was then told by
| DR.. Henkle not to talk to him; he then turned
| over and said he was afraid it was another
| Ream case; l told him did not think he would
live twenty-four hours, and told Gregory that
Ream had died in nine days; said he did not
want to make will, wanted his property
| to go to his wife and babes; his books were al
I right and would show everything. When !
told him he would not live twenty-four hours
| he rerlied, "Ah, am to pass away so soon?''
| About ten minutes after two on the next day
| ne gave me his statement about what happen
ed at the house.
II Capt Waters: Saw Burner about twenty
minutes after he was shot; thought from the
first he was in a dying condition; thought Sc
from the expression of his eyes and suffering
condition more than anything else; att O'Clock
still thought him in dying condition, and
he SO expressed himself having taken a seat
| at his bedside, he took hold of my hand and
remarked, "Oh, Captain, you don't know how
II II
Guilty and said he had no hope of recovery; did
| not want to send for his family, but wanted
me to send for his brother; Burner died about
Is o'clock the next day; saw him frequently.
| thought he was in dying condition and at
| half-past two o'clock said the doctor ought to
be sent for went for the doctor myself and
| then for Mr.. Echols; don't think Burner lived
five minutes after got back to the room; when
the doctor arrived Burner was dead; Burner
had expressed no opinion hostile to the pris-
Toner, on the contrary decidedly the reverse; he
Expressed the opinion several times that there
was no hope" and If he could not get we'll he
| would like to make statement; the doctor re-
piled that he could not tell until he had seen
the effect OF the medicine he had given him;
| this was about three-Quarters of an hour after
| he was shot; was not in constant communica-
ton with Commonwealth's Attorny about
| Burners condition; DR.. Haller Henkel, he
thought, was present when Burner made this
statement, but was not certain which DR.. Hen
KEEL il was.
DR.. H. h. Henkel: The ball had passed
through the vena cava, which when distended,
is about three-fourths of an inch in diameter:
having weighed the balls, found the one from
the cartridge to weigh SIS grains with grease
emoved and the one from the body of the
ed that he had very serious wound, and
found some important internal organs had
been injured; he then said, "Oh. well, there is
still a chance" to which replied, 'there is a
bare possibility of your recovery"
Later, about IL o'clock he said, How is it
now" replied about the same as little while
ago. Again he expressed, the hope that there
Il was still chance" and told him bare ''pos-
sibility;" he then said, "Oh, well, we will hope
for the best; 1t may not be as bad as 1t seems to
be-"
He was always rational when witness saw
him. At o'clock that night had noticed blood
trickling from opening in the cavity. This
flow of blood which confined continued him in
the belief of internal hemorrhage. When he
awoke from his sleep he again asked, How is
1t now?" To which I replied there is bare
possibility. Told him the next morning at 8
O'Clock that he was in about the same condi-
ton as the night previous, at o'clock. Again
at 10 O'Clock asked as to his condition and told
him he was little worse. Again at So min utes
past IL o'clock asked to his condition. / re-
piled as before "a bare possibility " The fact
of its being an internal hemorrhage would pre-
vent the Doctors from knowing anything about
it, and the deceased from his increasing feeling
II of weakness from loss of blood, could know
more about his condition than physicians.
CRoss-ExAMINATIoN.
Did not talk to the deceased great deal was
with him continuously from O'Clock until
about $50 that morning; was absent about 20
minutes, returned and stayed with him until
| about o'clock. At no time had he made the
impression on my mind that he had given up
all hope of recovery. If the opening in his
| vein had been free he could not have lived as
| long as he did Mr.. Burner seemed TO appreci-
his chances OF recovery were very SLIM
, Was aware that before his dying dec. arations
could be taken 1 would have TO say that he was
in dying condition. Had not thought him
in dying condition and considered my first
, duty to my patient.
VIM. A. Gushing knew Burner; saw him
prbf hAH cSllN hon 81
O'Clock; saw him twice afterwards. and thought
he was in a dying condition. About ten or
eleven O'Clock next morning saw him when he
said, II think am going TO make die of it,
but egretted the place at which he had been
shot; saw him again between one and two
O'Clock, but heard him say nothing.
Or. A. M. Henkel was with Burner from
quarter past to quarter past ii the night he
was shot, returned at o'clock and remained
, until half past seven returned about II O'Clock
l and remained until a few minutes of twelve;
t returned again at Las and stayed till quarter
f past O'Clock; saw him no more until after his
death.
CRoSS-EXAMINATIoN.
In his opinion : deceased had not, up to "a
o'clock, lost all hope of life prolonged exis-
tence. Ba: ed his opinion upon what the de-
ceased make use of the expression, .how goes
, it now" or chow is it now" had told him he
was in a precarious condition, and repeated the
same statement; he would then reply, there
is still chance and his face would loom up
e he suffered pain except when asleep, but seem
Al
: Did not think thst at any time. from the first
time he saw him, deceased lost all hope of life
and prolonged existence.
, During my last visit he had lost some hope
1 suggested teegraphing for his wife, He re-
: piled Things are getting bilious, chr" told
i, him he was not quite SO well as he had been
| He then consented to telegr~ phing for his wife
but when he found it was too late for her to
get to stanton that evening, said: ~, well
) i'll live you can telegraph for her in the morn
t Ing"
The post norton examination showed that al
no time was Ii possible for him to recover had
: not expected him to die so early three
O'Clock; we felt it our duty as physicians tc
encourage him. and therefore held out to him
1.-THE bare possibility of hope"
The court then adjourned until IL O'Clock.
SATURDAY,.
When, after sending the jury to their room
, the Judge delivered long, able, and evideu thy
a well considered opinion upon the admissi'
| biiity Of the diving declarations of Burner AT
ter q review OF the authori lies and the testi.
, mony taken on the previous day. the conclu-
sion of the court was tn atsdece ased had died Of
hemorrhage, and had been in a chronic state o.
despair from the time he received the wound
f If the case stood upon the testimony OF GRECO
ry, he would rule out the dying declarations
but he satisfied that all this evidence, with
the exception of Gregory's, ought to be admit
statements made by deceased after O'Clock the
! morning aft@r the shooting, for their decision
He had done his duty in this case and would
continue to do so. and would as far as he could
keep from the jury any unwarrantable testi-
mony.
EXCEPTION.
5 The counsel for the defense gave notice Of
, their exception, to thu ruling of the Judge.
, Julius Scheffer Between the hours of and
O'Clock the day after the shooting, had gODe
to Burners room with Mr.. Echols l gave him
some water aid II vomited it up.
:, From this point we will only give such testi-
mony Of witnesses as has not been given be-
fore, as much of it was mere repetition of what
had been before testified before the Court.
| After telling him that he would be a dead
man in less than q hours, 1 asked him why he
n M n a
r came on him too suddenly; said he was sitting
in rocking chair in Fannie Lewis room when
there came rap at the door. She ran to the
J door and said, who's there,' the reply was
3 "George;" she replied, 81 have company, you
cannot come - the response came, 'if you
don't let me- in I will kick the door down; !"
) Fannie Lewis ran to The door and butting
, against it said, 'you cannot come In here; Bur-
ner spIang up with his hat in his hand and
tried TO pass out met Amiss at the door, who
| exclaimed "you are here again, are you ?" and
held a cooked pistol TO his head. Burner with
his hand knocked the pistol down, and he then
fired and shot me through the bowels; Amiss
3 then cooked his pistol again, when / exclaim-
-