Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1883-02-20
The Trial of Geo. w. Anliss for the
killing of John j. Burner.

AS was SJdL0Q III bue ofECIAIOh lnhb HOCA ~
was impossible for the Court to get jury in
Staunton in the case of the Commemorative
Geo. W. Amiss, indicted for the murder of Jno.
]. Burner on the night of January End, hence
Judge Smith ordered a venire to be summoned
from the cities of Lynchburg, Richmond and
Alexandria. These reached him on last We'd
nesday when the following jury was chosen:
RE. Cox, S A. Snyder and VIM. Redman, of
Richmond; R. T. Lucas, Geo. w. Nails, r. T.
Cook, 7. L. Monroe. NJ r, Norris, of Alexan-
dria, and Joseph Kearney, F. W. A. Sattler, d.
c. Wight and j. c. Fifer, of Lynchburg. The
other veniremen were paid their mileage and
per diem and discharged.
Much interest has been manifested in the
trial, and from the first day up to this time the
courtroom has been crowded. 3D..
The counsel for the prosecution are Common
wealth's Attorney Edward Echols assisted by
Hon. H. H. Riddleberger, and for the defense
Messrs White & Gordon, of Staunton, Messrs.
]. N. Liggett and Warren s. Lurty. OF Harrison-
burg, and Gen'l VIM Skeen, of Covington. q
After the Empanneling of the jury the Com
monwealth's witnesses, on motion Of the coun
sci for the prisoner, were ordered to be sepa-
rated and none to remain in the courtroom
except the one testifying.
THE EVIDENCE. -E--r <
Inc ufSG Wlbu06b bWOTu Was AClld ACobCAg bhC
keeper of the housein which the tragedy occur
red She stated her name and said that she had
been living in staunton, off and on, since June
about months altogether. At the time of the
tragedy she was living in the large frame
house, lust west Of the Valley depot. Fanny
Lewis lived with her. Witness occupied the
lower floor of the house, on the left hand side,
and Fanny Lewis occupied the room above her
Between half-past seven and eight o'clock on
the night of January End, Mr.. Burner came to
the house, knocked, and (witness) let him in.
He came in, and told him to go up to Fannie
Lewis room, which he did. In few moments
Mr.. Samuel McNabb came in, 1 having sent for
him to put up some stoves for me. Mr.. Nc
Nabb was there about ten minutes, when
heard noise at the front door. Opening 1t,
Mr.. Amss came in and Mr.. McNabb walked
out. said to Mr.. A. come in my room.'' but
he replied, "No;" he was going upstairs. lin
sisted on his coming into my room. but he beg
ged to be excused and started on up the stairs
After he had gotten up the steps heard him
knock at Fannie Lewis door, and then ran to
my cabinet and said Lord. what will I do?"
Some reply was made to Amiss knock and l
heard him say If the door was not opened he
would kick it down. l then heard a noise
which sounded as though he were kicking the
door. AfterWard heard a noise that sounded
as if china and tin we've breaking, and then a
still louder noise. as ifa heavy piece of furni-
ture had fallen. went up stairs and could
smell burnt powder. Concluded the loudest
noise 1 heard was the explosion OF pistol On
reaching the head of the stairs, saw the door
of Fannie Lewis room about half open, and
Amiss and Burner in there, Burner being near
est the door, Could see Amiss' head and arms,
and almost the entire person of Burner. AT
that time saw no pistol. Amiss seemed TO
have hold of Burner with his left hand. Bur
ner said, "let me go and will go up town."
The two were scuffling. and in the scunne the
door was thrown wide open, and saw pistol
but can't tell which of the men held it. Being
frightened, I went into the next room and
turned around when Burner came out. While
the two men were together, Fannie Lewis ran
between them, crying, "Oh, George! don't, you
will kill mer I think B. had his hat off, but
don't remember about Amiss. Heard B. say
nothing at that time. Amiss pushed Fannie
on to the bed, and said you have been the
cause of this" or you have caused this"-
When Fannie jumped up, Amiss let go of Bur-
ner and the latter went down stairs. follow
ed him to the lower floor and asked him to go
in my room, but he declined, saying that he
had been shot in the bowels. I exclaimed
Lord, have mercy ~ and he begged me to hush
and told me to ask my friend to go with him to
the hotel told him that there was no one in
my room, and that would go with him my
self. Threw a shawl around me, and followed
few yards behind him as he went up street
When the Virginia Hotel some men
caught hold OF my shawl, and in my efforts to
get it back lost sight of Mr.. Burner. Suppos-
ing that he had gone into the billiard room, 1
went into the bar and asked Mr.. Croghan if he
had seen Mr.. Burner. Mr.. C. told me that he
had just gone out, and wanted to know why 1
asked for him. 1 made no reply, and went over
to Ann Hawkins.
The Commemorative Attorney asked the
witness why she objected to Amiss' going up
stairs, when he came to the house. Mr.. White,
of counsel for the defense. objected to the ques-
ton as involving a matter of opinion. The
Court ruled that If the witness had been gov
erned in her action by facts of her own knowl-
edge, and not by what she might have heard,
the question should be answered. The defend
ants counsel noted the objection, and the wit
ness replied that she had asked Amiss not to
go upstairs, because she did not think that one
gentleman had right to go into lady's pri-
vate room where another gentleman already
was.
Before the conclusion of Leila Testers testi-
mony the court adjourned until
THURSDAY
at 10 o'clock when her examination was re-
sumed. In answer to the question of the Com
monwealth's Attorney, chow long was it after
you heard Amiss kicking at the door before
you heard the rattling of bowl and pitcher?"
She replied. just long enough for the door to
have been swung back against them. Did not
see any pistol in Burners hand saw him walk
out and he had no pistol in his hands. Am not
proprietress of the house. Have known Amiss
for years. Don't know of my own knowledge
whether Amiss and Fannie were friends No
one was in the house except Burner, Amiss,
Fannie and myself
The cross-examination by defense resulted
pretty much in repetition of what appeared
in the examination in chief, except that wit
ness said she knew that Burner had letters ad
dressed to him by Fannie Lewis in another
name. and she received letters from him in an
other name than his own, but did not recollect
the other name. Amiss had his satchel in his
hand when he came to the house and went up
stairs, and came ont afterwards without it.
After he left he sent a colored man for it; she
sent him ul stairs and he came down with it.
FANNIE LEWIS
testified. was in my room shortly before 8
o'clock on the night of January End; heard a
knock at my door, went to 1t and let Mr. Bur-
ner in; asked him to take q seat; he sat down
In front ofthe stove and took up book had
laid down and commenced reading it. Some
ten or fifteen minutes after heard voice
down stairs and then knock, asked who was
there? Answer, George. Went to the door
and said have company, go down stairs. He
said he wouldn't go down stairs, that If did
not open the door he would break it down. 1
said to Mr.. Burner, am going to open the door
and when do, you go out. There was then a
loud knock on the door I turned the kew and
opened the door. The two men met in the door
and commenced to scuf1e very vicious. 1 did
not hear either OF them make remark. They
scuffied out into the hall and I did not see
either of them any more, but went back into
Edy room and into the corner and in second
Or heard the report Of pistol, then turned
and saw the two men standing where they met.
Had hold of one anothers' hands, Leila Lester
game to the door, look ed in a moment and