Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-03
THE BURNS CASE.
ARGUMENT OF HON. A. L. HART
TO COURT AND JURY.
The Testimony in the Case Reviewed
and the Conclusions Drawn
Therefrom.

L
Following is the argument of Hon. a. H.
Hart, made to the Court and jury in the
case of the People VS.. D. NJ. Burns, late
Secretary of State, upon indictment for em-
bezzlement during his term III sald ONCE
and concerning which the testimony given
upon trial just concluded has already quite
fully appeared in the columns OF this Jour-
mall
SPEECH or MR.. HART FOR DEFENSE.
Nav it please the Court and gentlemen of the
J,Iry Fourteen years of Il somewhat varied
practice has not enabled me at this time to APP
pear before this jury without great embarraSs-
ment. | confess that whenever in the pursuit
take upon myself the responsibilities that ordi-
narily depend upon the result of a criminal
trial have approached the labor with fear and
trembling, lest by some omission or weakness
of mine a verdict might be obtained which
would not be in accordance with the law and
the facts and which might produce injustice to
the party whom l have represented. As was
stated by the learned associate of the District
Attorney, this is not all ordinary trial and al
though | was unwilling to have this "ause prae-
tically dismissed under an instruction OF this
Court upon motion of the prosecution the char
acter OF the gentleman who appears here as the
defendant so increases the importance OF the
result to be attained that the fears and cmbar-
easements with which approach the last act
multiplied. This, indeed, is not an ordinary
trial, for many reasons.
Whatever might be the sentiments that would
control q lawyer in the presentation of al orGi-
nary criminal case am justified at this time.
while representing the client that | do in this
case, involving events of such magnitude to
him and TO the people, i'll severely approaching
the possible effect of this prosecution, and IN
doubling my own power ever to express TO this
jury the impressions and conclusions which
have come TO me as have watched the progress
of the trial.
When | say this is not an ordinary case, | re-
fer to some extent to that which should always
be taken into consideration by jury i'll arriving
at a yerdict-the character and previous story
of the defendant on trial Many factors enter
into the consideration of controversy of this
nature. The people in their sovereignty appear
here, represented by their counsel. the District
Attorney; Others appear here with their counsel,
General Carey; both are asking conviction,
that the law may he vindicated, and the effect
of such conviction may be to take from an
honorable citizen his liberty. Upon the SIDE of
the prosecution there should he no considera-
ton excepting that of The law of common
wealth broken and trampled under foot there
should be no demand except that criminal Jus
tice shall be properly, equitably and mcrcliully
administered.
WHAT THE JURY SHOULD CONSIDER.
But upon the side of the defendant in this
case there is another potent factor which should
not be permitted to be lost in the mists which
may be crea ed by the invectiye and oeEtmcia-
ton which may be expected from the other side
when the closing argument is in progress. ItiS
indeed appropriate that III the argument il this
case, and in the final consideration of the evil
dence the jury should bear in mind the true
meaning of a determination that the defendant
is guilty. Such Il determination would inevita-
bly, destroy the character of an individual VINO
at one time i'll the States history. from his Off
cial eminence, shone like the glittering. scintl-
lating. sparkling beams which with steady, uu-
diminished ray penetrate through nights man
tie from the stars of the armament. say this
feelingly, because | know ii. | say il because
OF three years of the term of office which he
held by the tenure of the sUtfragcs CT the peo-
pie, during which time myself constituted Il
part Of the executive department of the govern
ment of the state. and during which time WIS
thrown into constant official association with
Dan Burns. He was then the Secretary of state,
acting with me daily and weekly upen the
Board of Examiners. of which We We're both
members, and consulting with ne, at times,
with reference 10 the affairs OF the Gov
eminent. Within the period OF four Years
in the past Dan. Burns the man who is now on
trial before you, stood so high i'll the estimation
of the people that some of his traducers of this
hour would not have been tit and proper per
sons to ill the capacity OF his mcnials: they
would not have been able. in the eyes of this
community, TO have contested with him, either
in judicial tribunals or elsewhere, the question
as TO which was the more honorable. And when
the final hour shall arrive, when 1t shall become
your pleasant or unpleasant duty to signify by
your verdict what shall be the future of tie
man on trial. ask you to bear in constant re-
membrance that it Is within your power, and
that if such power is 10 be executed, upon you
is placed the responsibility OF dragging down
into the garb and ostensible character of q feIor
an individual who. within the recent past, has
stood
TIE PEER or ANY MAN
At that time or prior TO- or since that time, with
in the boundaries OF the state. 1t is appropriate,
therefore, that in Weighing the evidence in this
case, in determining the veTacity OF witnesses
i'll directing the effect of circumstances, this
Jury shall take into consideration the nature OF
40 rtfEp hoy
are asked to decide that he, who was once the
trusted servant of the people, who was loved by
his friends and who was distinguished by his
honorable career, shall be dragged down, and
down until he shall be associated with feiOnS in
the cells OF Il prison. dwell upon this, gentle
men of the jury, not because l desire III any
the prejudiceS OF this community but
because. rs you will discover from the
intructions OF the Court, the character and
previous history of a defendant should al
WAYS be taken into consideration as tending in
y greater or less degree, 10 demonstrate the
probability or impruhability of the truth of the
evidence offered on behalf OF the prosecution.
In this connection desire to say, IN reference
TO myself. that never III the course of my pro
fessional career have | been connected with a
litigation which has drawn from me such sym
pathicS as have been swelling in my heart from
the day upon which this trial began. | wish To
say, Furthermore. in congratulHiing this jury
upon the tact that they have passed over all the
exciting scenes that have occurred in this
Courtroom as the result of forensic CON
hict, and are just about to enter upon
the deliberate discharge Of their duties thar |
wish them 10 remember that these conflicts.
these apparent expressions OF severe feeling
upon the part Of myself during the trial of this
cause have not been INDUCED III because |
dared not face the whole truth. but because I
have believed in the justice of my clients cause,
and because | could not reconcile in my own
mind the cold-bloodcd manner in which this
case has been prosecuted.
In every criminal and III every civil trial YOU
VI - Ia ina ice of
cause may be determined by the manner in
which II has been conducted and in the crit
icisms which may make upon this branch OF
the case DO not wish To be understood say
ing that my friend General Carey. Whe has been
the chief IN the management Of this prosecution,
would willingly and desi.,ncGly do shat which
II has appeared 10 me has been done, in order
to compass the conviction and destroy the lih-
cTty of my client, and bring unbappiacss and
ruin upen his family. / do not believe that
General Carey would be guilty OF Intentionally
undertaking TO destroy a mans liberty without
cause; but before I get through with this argu-
meut propose 10 demonstrate that there lrt.
men, who have appeared upon this witness
stand in this trial, who have made themselves
the authors of one of the most vicious. Internal
and damnable plots that has ever been con
ceived against "a citizen OF this Republic IN
the presentation Of the questions involved in
tins case gentlemen If the jury il is not my
purpose 10 go through all the evidence that has
been introduced: to attempt an analysis Of the
books of account which have been placed
before yOu. 10 critCiSe the particular expressions
OF witnesses upon the stand. or Ia make hyper
critical comments Up0n the testimony Of each
witness who has been brought before YOU. In
every prosecution there are some prominent
facts thar >tau. of- and Indicate
UPoS wa. Il SIDE THE TRUTH LIS;
That direct the human MAD and point 10 that
side .: the cause upon which Just verdict may
be rendered There are some prominent fGrts
in this case which demonstrate the innocence
of my client. and the un8ueSJionable guilt Of
another, bot unfortunately discussion gf these
facts nccSsslr Is involves criticism of some Of
the witnesses who have been produced here by
the prosecution, whose characters ] would not
Unnecessarily aSpcrsc, ana VINO III the past have
been, not my enemies, but my fri2udS. | am
sorry, indeed, that in the Argument OF this
cause 10 has been necessary Cor me, severely,
perhaps, bat indeed not a5usivciT, % criticise
some ui the men vino have stood forth here as
the prosecutors oi my client
Before entering Upon the consideration OF the
merits 81 tnis case. gentlemen 0fthe ju!y. l wish
10 say, furthermore TO You, That was not sur
pTiseu to-day whoa General Carey arose in your
presence AID indicated his willingness 20 have
the Court instruct yoU 10 fad the defendant
not guilty. Tuis was circumstance which,
in my Judgment, showed The bent + the mind
OF the chief prosecutor. which tended to show
that he, ut least, rcpeuted OF this prosecution.
aud that he was willing that This case should be
dismissed. We. however are uoi here TOR the
trial Of this cause alone ! have no fear before
twelve honorable men, OF The result Of this trial
am not here % ask His Honor to deliver
an instruction 10 this jury which shall
take from 1t It's power to consider the
questions involved in this controversy.
! am hers asking that which believe will incv-
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