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


GuMENT OF CoUNsEL--vERDICTo OF JURY,
FOUR YEARS IN PENITENTIARY.
Our report of the Amiss-Burner trial closed
last week with the proceedings OF Weenes-
day. Leila Lester was the only witness ex-
amined up 10 that time, an the court, owing
TO a hasy action on the part of Mr. White,
had abruptly adjourned
THURSDAY.
At the opening of the court, on Thursday
morning, Mr.. White arose TO personal ex-
PLANTATION. He apologized for his abrupt de-
parture the evening before, saying that he
had misunderstood the purport OF what had
been said by the Court and the Common
weath's Attorney, constituting it as refiec-,
tion upon himself. The explanation was q
manly, straightforward acknowledgement.
and was entirely satisfactory to Court and
Commonwealth Attorney, both OF whom
disclaimed having intended any odense in
what they said the evening before. Mr.,
White then resumed his seat MS leading coun-
sci for the accused, and the trial was pro
ceeded with
Leila Testers examination was resumed
She testified When Burner came down stairs
and said he was shot in the bowels 1 threw
up my hands and exclaimed, Lord have
mercy" Witness then repeated her testi-
mony of the day before as TO accompanying
Burner TO the hotel, NC, and went on to say,
that when Amiss kicked open the door, the
noise she heard of breaking china and rafting
/ tin must have been produced by the door
striking violently against the washstand
| which stood behind it. She thought she was
in position to see pistol in Burners hand
during the scuff1e, but could not tell which OF
The men held the pistol which she previously
stated had been seen by her in the scutie.-
She had known Amiss about five years and
Fannie Lewis about the same time. Did not
know how long Amiss had known Fannie
! Lewis, nor did she, of her own knowledge,
know that Amiss was particular friend Of
Fanny. Had never heard him speak of Fan
ME Lewis and had never seen them together
but two or three times. There were no per
sons ill he house at the time of the difficulty
except Mr.. Amss, Mr.. Burner, Fannie Lewis
| Amlss came in.
/ CROSS EXAMINED.
On cross examination it was disclosed that
Burner had been known at the. house under
Two names. Fannie Lewis received letters
from him, and addressed letters to him under
an assumed name. When Amiss came to
he house he had his satchel in his hand
some little time after he had gone, negro
man came. enquired for Fannie Lewis and
shortly after went out with Amiss' satchel.
Fannie Leaois was next called and testified
as follows: Have been living in Stanton
about three years. On the I'd of January
lived in large frame house west of Valley de
pot. Leila Lester occupied room in the
nouse, my room being up stairs and fronting
The street. Some time before clock on
nlght OF January I'd g, Was in my room. when
| Mr.. Burner knocked. | let him in and he
took seal near the stove and commenced
reading book had just laid down. Short
/ " afterwards, there came knock at the
door and [ asked who was there The re-
| spouse came, George" | told him that /
uad company and To go down stairs for
while. He said that he did not intend to go
down stairs and that if the door was not opened
! ne would kick it down. | then told Mr. Burner
That would open the door, and that he
should pass out as Mr. Amiss came in. There
| was a loud knock at the door, but could not
tell whether il Was blow with the fist or
with the foot. Just at that time turned the
key and the door opened. In the meantime
/ Burner had risen to his feet, and the two
men met at the door. They went together
and commenced scutflng very viciously they
scutfied out into. the hall and | went back
into the corner by the window, where I
could not see them. Stood there a second or
so and heard the report OF a pistol. Walked
10 the foo, of the bed and saw the two men
at the place where they met. They had hold OF
one another's hands. Leila Lester came to
the door, looked in and went away. She said
nothing. Alter standing a second or two,
holding each others hands, and saying moth
ing, the men parted and Burner went away.
Amiss remained about five minutes longer and
left.
Cross examinatlon-When Amiss came to
the door, Burner was sitting at stove in
faRhest corner of room. The scuffie ensued
and the shot was fired In the hail. Saw no
| pistol. Amiss brought satchel it'll him and
lett it when he went away, He was paying
the room rent. Generally brought satchel
with him.
| Re-examination-I rented the room from
Ann Hawkins, and Amiss furnished the
| funds.
Question by prosecution-W is Ann
Hawkins? 4 1
Question objected to by counsel for defence
as irrelevant and objection sustained by the
Court.
Witness continued: l rented the room was
not propretress of the house. l boarded at
. any place. Got meals from Burk's, Virginia
Hotel, and sometimes ate at Ann Hawkins.
Bergman White, a coored man, proved an
unimportant witness. Had carried meals to
accused whilst in Jail, but never had any con-
versation with him.
Capt. j. FL. Waters was introduced by pros
ecution. en uuaGey 4
AT this point Mr.. White announced that by
agreement Of counsel, all evidence pertaining
to the dying declaration of Burner should be
excluded until the question ofits admissibility
had been determined.
Capt Waters was then examined and testi-
fed as follows: Am Chief of Police of Staun-
ton; arrested prisoner After hearing of the
difficulty went TO the house and learned from
the girls about it. Then went to Virginia
Hotel and saw Mr. Burner, and then to
Amiss' room in Burns Building, where l
found prisoner. When went into his room.
remarked, well. George, another fuss on
hand" Amss replied" Il suppose you have
come for me-" That's what the matter. +"
said the captain, land the best thing you can
do is to go quietly along" Prisoner SAID he
| would and was conducted TO Jail At the
time of arrest, Amiss seemed to be arranging
ne his clothes, had his shirt off AMI valise
and trunk open. Some clothes were out OF
the valise and one or two garments on the
| bed Found pistol in the yalise: all the
barrels were loaded A box of cartridges
was in the tray of the trunk. pistol and
cartridges exhibited) The pistol seemed to
smell of powder, as If it had been recently
discharged.
EVENING SESSION.
ii