Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-23
NUMBER THREE.
Harry Burns on Trial In The Su.
periOr Court,
For The Murder of Officer Rufus r.
lishness.
The Prosecution Rest Their Case at Ad-
journment-

man Rufus X. Lishness at the Old Fort on
the lth day Of last November. II will be
that on the early morning of
that day Augusta police officers were called
to the Fort to queIl an alleged disturbance
made by the respondent Officers Baker and
Lishness responded to the call. They went
across the river, and Officer Lishness, in an
unguarded moment, placed his head through
the prisoners bedroom window, for the pur-
pose Of entering the house. Burns shot him
in the head and he lived less than twelve
hours.
There was fully as large an attendance of
spectators as during the other two trials.
The seats we're all taken and as the forenoon
wore away the standing room was occupied
AT 10 30, the prisoner, Harry Burns, was
brought into court. His demeanor on enter
ing the room, indicated that he possessed
more of nervous temperament than his two
predecessors. His hands trembled .rceptibly
and he glanced about with an irresOlute air
On taking his seat he worked his fingers ner-
vously and apparently took an active interest
in the proceedings. lie was arrayed in a
thread-bare well worn vest and a pair of
shoddy black pants. His outside garment
consisted of a dark, shaggy overcoat. some
what the worse for wear. A Grand Army
badge hung from his vest front. His collar
and shirt bosom were not over clean, and his
blue necktie was rather grimy. pair of
brass rings adorned his ears. scraggy
beard covered the lower portion of his face
and both beard and hair were gray. His
countenance indicated that he had been ad-
Tod 70 Artn 10 - IL
the average height. His age is &c years
County Attorney Haines conducted the
prosecution, and Herbert NJ. Heath the de-
fence. Attorney General Cleaves was not
present to assist in the prosecution as neces-
sarily he was Obliged to be in Portland where
he argued law case before Judge Webb
The impaneling of the jury was entered
upon at once. The following jury was Sc
cured Joshua 4 Davis, Readfeld; Fl. f.
ID. Wyman, Belgrade; w. Fl. Chick, Mon
mouth; Augustus Thomas, Mt. Vernon; J.
II. Field, Sidney; Geo. II. Seavey, Farming
dale; Horatio C. Porter, Mt Vernon; J. p.
Fulsom, Monmouth; Geo. Fairbanks, Mt.
Vernon; l.. II. Hammond. Manchester;
Sam'l w. Bishop, Wayne; VIM. A. Shaw,
Sidney.
The following names were drawn but not
accepted: Frederick Joy, China; G. X.
Hastings. Siuuey lluCUlH VI. DaVlS, w IN
throp; Frank L. Merrill, West Gardiner;
Geo. A Wood, Winthrop; c. c. Vosmus,
Readfield; Chas. w. Lunt, Gardiner; Geo
N. Thurlow, Litchfeld; Cnss. NJ. Drake,
Gardiner; Sylvester Powell, Clinton; Chas.
S. Downing, Augusta; Alfred w. Getchell,
Winslow.
The jury selected Geo. II. Seavey to be
their foreman. MIR. >rsyey was a member
and foreman of bptn the other juries.
The clerk read the indictment.
The counsel for the defense stated that the
case was such that it was necessary that the
jury view the premises where the murder
was committed, and entered a motion to that
effect. The court ruled that the jury should
inspect the surroundings of the place, and a
few minutes before twelve they departed for
the Fort, making thorough examination of
the room oc 'upied by Burns. the window,
etc.
AFTERNOON.
The court convened at 2 O'Clock J.. NJ.
The prisoners wife and a group of Old Fort
residents were seated within the bar
AS usual the Kennebec bar was well repre-
scented.
At 2 o'clock County Attorney Haines en-
tered upon his statement for the prosecution ::
The prisoner is at the bar to answer for his
CTlIut. II u hUblHfE Ease WHPTe AU OfUcer
has fallen before the assassn's hand. This
man is on trial for his life Therefore his
case should be fully considered and no case
which has been previously tried should have
anything to do With this.
The attorney proceeded to make state
ment of the law.
A prisoner may or may not go upon the
stand to testify in his own behalf, and a Jury
may take his evidence for what it is worth,
never forgetting what the temptation is to
commit perjury. And further the law of
this State is that il any error can be shown in
your verdict, then one or three justices can
| set il aside, or the full bench. The testimony
which will be produced in this is chiefly direct
evidence; some of it will be circumstantial
evidence Some say that men should not be
convicted on circumstantisl evidence. But,
gentlemen, the history of Jurisprudence shows
that FIVE innocent men have been convicted
by direct perjured evidence. where one has
been by circumstantial evidence. The defin-
ition of murder is killing with malice afore-
thought. Fermentation as used by the pub
lie at large, is misleading 1t does not fol-
low that to bring the act within the degree of
express malice, man must premeditate a
crime for any length of time. If the slayer
has it in his mind to kill at the time of the
act, even if it has never entered his mind
before, then he can be convicted of murder
in the first degree.
I take ii that the question of man.
slaughter will enter into this case. If per-
son be convinced that an intruder is trespass-
ing upon his premises or entering his DWELL
ing with hurglarious intent then he is justi-
fed in using deadly weapon and if homi-
eide is committed he is entitled to an acquittal
But if. in the heat of passion. person slay
a trespasser upon his premises whom he is
aware is possessed of no criminal intent then
he would be guilty of the crime of man
slaughter.
Mr.. Haines held that an officer had per-
feet right, without warrant. to arrest
man who is making disturbance or COM
hitting any crime or whom he has reason
able cause TO believe is engaged in such, and
cited Sec, Is, Chap, % as follows:
Any person found intoxicated in any street or
highway, or who being intoxicated in his own
quarrelsome or in any other way disturbs the pub
lie peace or that Of his own or any other family, so
render 1t necessary for the police peace of
GERS interfere may be taken into custody by any
sheriff, deputy sheriff, constable, marshal, deputy
marshal, police officer or Waterman, and committed
to the watch house restrained in some other suit
able place, until complaint can be made and a war
rant Issued in due form, upon which he may be ar
rested and tried
And Sec 4, Chap, 1872:
Every sheriff, deputy sheriff, constable, city or
deputy marshal, Waterman police officer, shah
rest and detain persons found violating any law of