Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-06
A FLY PRISONER.
JIMMY BURKE CREATES A SCENE IN BROWNS
PHOTOGRAPHIC STUDIO.
His Hearing on the Charge Of Entering John
Frsw's House Takes Place at the Jail.
BOun Over 10 the Next
Term Of Court

Ing his name HISb ds JOnH4hI4tOn oHo '"''4
as James Burke, was arrested and held on
the charge of feloniously breaking and
entering John Frew's residence on
Fourteenth street with intent to com
NIT larceny.
He was committed to Jail to await q
hearing which took place Yesterday
afternoon at 3 o'clock in the Office OF the
jail before Squire Gillespie. just
before the hearing Chief McNichol
and Officer Lukens took the prisoner
from the jail and accompanied him TO
Browns Photographic studio on Market
street, TO have his picture taken. Now
the prisoner had been revolving the
thing in his mind, and concluded that
he did not want his physIognomy emilia
zoned on paStebOard for future genera
tions to smile upon. He appeared to be
nervous all the while the preparations
we're going on. Finally as Mr.. Brown
was about completing the arrangements
the fellow got rantankerous, jumped
from his chair and lunged a vigorous
kick at the camera, breaking the
box, several plates of glass, and
generally disturbing the equilibrium or
the face-taking machine. These CHM
erical antics rather upset the pro-
gramme, and the fellow was quickly
grabbed by the officers, handcuffed. and
taken back to the Jail. No further ef-
forts were made to take the fellows
picture yesterday afternoon, and at 3
O'Clock the hearing opened. Burke is a
great strapping fellow of considerable
muscle, with a face that is far from at
tractive, and one that at times bears an
almost demoniacal expression. He was
arrayed in a thick REFER, rather the
worse for wear, as were the other
articles OF apparel, and altogether he
presented a somewhat dishevelled ap-
pearance. Squire Gillespie was seated
at one end of the long table, while this
rather unique prisoner drew his chair
up TO the other end, and all through
the hearing took copious notes on pieces
of blank paper, now and then adjusting
a pair of Eyeglasses with all the dignity
and measured movements Of o lawyer
conducting an important supreme
court case. A cooler and more. imper-
turbabe culprit has seldom been seen.
Squire Gillespie conducted the eXami-
nation and j. NJ. Wrestling was the first
witness called. He said he happened
to be passing the house at the time,
when his attention was called by a lady
across the street to the fact that
strange man was roaming around in
Mr.. Frew's house. Thinking to fright
EN- him he went up and rang the front
door bell, and then ran around to the
side door, and waited near the gate.
The fellow, upon hearing the door bell,
rushed out of the side door TO an ad-
joining shed, but seeing no chance OF
escape turned about and made rush
through the gate past Wrestling. The
latter grabbed him by the coat sleeve
as he passed out, but after little
scrimmage the fellow who was much
heavier broke away and ran for dear
life out toward Sixteenth street, but
was subsequently captured by the off,
GERS. DR.. Hupp also took the stand, as
did also lady living opposite Mr.. Frew's
residence. DR.. Hupp testified TO seeing
the fellow come cut Of the house, and
saw him running away to escape The
lady testified TO the manouvers OF the
fellow before getting into the house,
how he first went to the front door, and
afterwards to the side door, and after
standing with his back to the door
awhile turned around and walked in.
It was then that she raised
the alarm. II was about fifteen min
uteS she thought that tho fellow re-
manned inside.
When the Squire was through with
each witness he would ask Burke, the
prisoner, If he desired to ask the witness
any questions, and he invariably did.
He carried on a minute cross eXamina-
ton taking notes as he proceed
ed. He asked all sorts OF bewidering
questions, and did il in such cool,
business-like way, that even the court
began to think the prisoner must be
some Justinian in disguise. He was re-
markably methodicaliR his movements.
After the other witnesses were examin-
ed Mr.. Burke desired to know who in
stigated the charge, and upon being
told that it was Mr.. Frew, said he
wanted TO have him present in
order to ask him a few Ques-
lions. Mr.. Frew was accordingly
telephoned for and soon arrived. In
substance he stated that he was not posi-
tive whether or not the door was
locked, and that he did not miss any
articles from the house.
Now, | can't see that all this teSti-
mony has developed anything" said the
willy prisoner.
well, do You desire to make a
statement" asked the Squire.
Eyes, do, but in the first place let
me ask just what the charge is?" OBJ
served Burke.
you are charged with feloniously
breaking and entering with intent to
commit larceny" said Squire Gill
lespie.
Now, what constitutes breaking
and entering?" asked the prisoner.
"If you force lock in a door or
break the door you will be guilty OF
that charge"
well, now none of these things sp-
pear here, as is seen in Mr.. Frew's tes-
timony," said the prisoner.
We'll, now, am here to judge Of
this matter, and II you have any state
ment to make You can make it now"
said Squire Gillespie.
The prisoner then went on to say that
be called at the house by mistake. He
was working on the railroad at the
Beawood junction, and he came up here
and was looking for one Of the sub con-
tractors, and he understood he lived in
that house. He found the door IN
locked, and as he had been drinking he
supposed, he was little holder than he
ought to'have been. and he walked in,
but as soon as he found there was no
one at home he Immediately came out.
He was asked what he ran away
so fast for If he thought
he was doing all right, but this