Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-23

when they endeavored TO gain admission
he Informed them that they could not come
in. That Mr.. Lishness went TO the window
and on lifting il up, he was met by pistol
bullet which caused his death
Gentlemen, one of the objects of this
trial 10 TO protect the police officers in the dis
charge Of their duties and that when theyin the
maintenance of Law and order shall come in
contact with the rough and rowdy element of
our community, shall be given every assur-
ance of safety that the law can extend.
Arthur Baker sworn, testified: was on
duty as police officer of the city of Augusta,
on the llth day of November last, on that
day Mrs. Randall called upon me little past
2 o'clock in the morning At the station house,
to make an arrest of the prisoner at the bar,
Rufus R. Lishness was acting as police officer
with me at the time. We went to Burns
residence, at the northeast corner Of
the old Fort; We stopped to listen for dis
turbance; in my judgement there was dis
turbance enough TO warrant an arrest; Mr..
Burns was raving up and down with his pis-
toll; went to the door and said Harry,
open this door, and he said Warren, is that
you 2" told him if he did not open the
door should break it down; then heard
Burns say, good night Warren, I'm going
to bed;" at that, saw Lishness go to the
window and open it: almost Immediately
heard him say, 'Ah, don't you do that; :"
saw fash, which was accompanied by the
report of pistol; Lishness fell back to the
ground with the exclamation Pm shot
dead" Lishness was able to walk to the sta
tion house. where called physician.
At this point plan of the premises was
produced which was presented to the witness,
who pointed out the corners and places
around The Old Fort.
Did not see Lishness after the stop at the
station house.
Contamination stopped at the north
east corner of the Old Fort; should
judge the distance from the corner of
the Old Fort to the kitchen was rs
feet; heard Burns jumping up and down,
crashing and smashing; Lishness and
stopped at the corner perhaps two minutes /:
we neither of us had warrant for Burns ar
rest; we did not tell him who we were !;
Lishness and constituted the night police
| force of the city, and Marshal Harrington and
Warren Bruce the day. Burns was making q
noise in the kitchen when we went to the
door, but quieted down when he heard US !;
his talk was sort of disjointed; he was in the
entry in front of the door when he said,
Warren I'm going to beds" he did say
something to Lishness; there was light in
/
| of Lishness body.
Redirect erGmination.-Burn talk was
almost as loud as ordinary conversation and
there was no cessation; | didn's get a sight
of Burns that night.
| Soloman W. Bates being called said he
was civil engineer, hailing from Wsterville,
and made plan of the Old Fort. The plan
was explained bv the witness.
Mrs. Mary Randall testified: Live in
the Old Fort and was residing there the 18th
day of November; | was at the Old Fort on
the night of the 18th; heard a disturbance
from the defendant; he disturbed me by a
stamping and moving about of barrels; he
kept it up until o'clock; spoke to him and
asked him to keep still because my
boy was sick; he called me Odd
b n and did not hush his noise; went over
to the station house and summoned the
police officers.
| The counsel for the defense objected that
the witness testify as to what she told the
police officers, on the ground that the officers
could not arrest on what they were told, but
what they heard and knew of a disturbance.
| The judge ruled against the objection.
The disturbance commenced between eight
and nine that night told the officers that
wished they would come over and quiet the
disturbance as my boy was sick; on going
to bed l heard Mr.. Burns say, Warren,
Warren go away, Warren, I'm going to
bed;" heard the report of pistol; after the
pistol shot all was still; was in the entry
when heard Burns speak about Warren
Burns, should say was 10 the kitchen or
entry when he made the statement about
| Warren.
Cross e1mination.-I haven't any husband,
because we parted some time since ;
Burns seemed to be alone in his kitchen dur
ing the night; his talk seemed to be his own
and do not think he was talking to his wife ;
there was no quarrel going on that I know
| of; he kept up a continual rattle all night
throwing things; seemed as though there was
a basket of stuff came down; he went into a
closet and continued talking loud and laugh
ing to himself; | went out into the entry the
second time because | heard he officers
humping; stood and listened had my
lantern in my hand should say Burns was
in the kitchen or entry; Burns did not make
any attempt to escape after the snot.
Patrick Mcqueen testified | resided in
the Old Fort the 18th day of last month ;
know the defendent; heard Bruce making a
loud noise on the night of the killing; went
to bed up stairs; was down stairs when |
heard his talk; did not hear the shooting; |
was call upon by Mrs. Randall during the
night; started to go to the kitchen and met
Baker; he told me to have an eye to Burns
until he was arrested; the officers pulled
Burns out of bed and told him to put his
clothes on; he resisted some and carried a
revolver.
Contamination The bedroom occu-
pied was in the southwest corner in the sec
ond story; went to bed at 8. 10 that night;
kept an eye on Burns after the shooting BY
request of the officer, by pacing back and
forth on the sidewalk; didn't go into the
room but occasionally looked in the window !;
didn't have much trouble in watching Burns /;
Burns was making no noise in his bedroom :,
kept guard over Mr.. Burns perhaps half an
hour; Mr. Bruce and Mr., Harrington went
in to visit Burns; held the light; the Off
GERS burst open The doors; they made no an
nouncement to Burns l went right in be-
hind the officers; they both sprang onto
Burns they gave him time to get
up but he didn't appear to be inclined to
and they pulled him out; one of the
officers said to him. you've killed one Off
Ger tonight and that's enough"
Frank l.. Harrington sworn: Am city
marshal of Augusta have known the defen-
dant for IL years; | helped arrest Burns on
the 18th was called to the Old Fort on that
night; found Bruce at the Fort and from
there went to the station house to see how
1 Mr.. Lishness was; Mr.. Wilson went to the
| Fort with me; Wilson raped On the front
| door, and and Bruce went through Mr..