Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-01-02
POLICEMAN BURNS COMMITTED.
A Hearing in the Case Of the Onicer Who
Shot Capt. Miller.


THE JUDGE MAKES SOME REMARKS ABOUT Po-
LIcEaiES WHO DRISK-AfPoISTMESTs ON THE
FoRcE-THI CONDITION OF CAPT. MILLER
STUDYING HIS OWN CASE At THE MEDICAL
MUSEUM.
Ex-Policoman Joseph A. Burns, who has
been confined in jail nearly two months for
shooting and nearly killing Capt James Nj.
Miller. as Published in The STAR at the time.
was brought up from the Jail this morning and
arraigned On a charge OF assault and battery
with intent to xii.
He plead not guilty.
LAWYER Kuhn was his counsel and Mr.. Null
lowney prosecuted the case.
Policeman Eaton produced the pistol used
by the prisoner and told the circumstances OF
the arrest. as heretofore printed in The STAR.
He said that when he reached the place where
the shooting occurred and asked Burns what
was the matter he replied:
They are trying to do me-"
After the shot was fired Burns he said
threatened and attempted to shoot him.
CAPT. MILER's STATEMENT.
Capt Miller testified that on the evening Of
the occurrence he was in the armory on New
York avenue. He left there and went III the
direction of Sth and & streets, from where an
alarm of fire had been turned IN. On his way
back to the armory he noticed two citizens
and policeman at the corner of 18th and q
streets. The citizens appeared 20 be assisting
the policeman, who was apparently under the
influence o. liquor. Alter telling of the
movements of the trio, witness said ho
went near the patrol box and heard
the policeman shouting through the
telephone. d it. Burns. 18th and
q streets" and then the policeman spelled his
rane--Burns. Witness walked along the street
and went into Cooper's stable, from where he
telephOned TO the first precinct station about
Burns condition. When he started from the
stable he heard the sound of policemans
whistle and upon locating it lie went around
to the Hotel Fredonia and lie found Mr.. La
Fetra attempting to telephone for the police.
That was ten or twelve minutes after he had
sent the first message. Witness said that when
no reached the hotel he saw Burns holding
pistol in his hand, and witness learned that he
had attempted 70 shcot Mr.. La Fetra and Mr..
Langley.
Finally he saw Officer Eaton approaching,
and, thinking he had better warn HIM. he
walked out and told Eaton that Burns had the
pistol and he had better take it from him. As
they stepped from the street TO the sidewalk
the drunken officer fired the shot Tie last
winners heard was Ofticer Eaton asking, What
did you do that tor?'
CAPT. NILLERs CONDITION.
Witness snid lie Was treated in Garfield Hos
pital, whore he remained fifteen days. and after
going home he was 10 n dangerous condition
for four days, during which time he came near
choking TO Heath on account of the injury to
his windpipe.
What is your present condition. ask ed
Judge Miller.
Il really don't know" answered the witness.
Il have been to the Medical Museum trying to
study ont MY case and all can say is that 1t
was like shooting through broom and not
striking a straw.
know the officer, nor had ho ever had any trou-
Bile with him.
THE QUESTION OF BAIL.
This closed the testimony, and the question
of bail WAS then discussed, and Mr.. Kuhn asked
that the bond be fixed at 1000, as he thought
that amount would insure his attendance.
Mr.. Mu!lowney. for the prosecution, said he
would ask the court to fix the bail at $1,000.
Here he said, is an officer who was paid to pro-
tect the public, and he appears on the street
with malice toward all mankind.
The temptation TO abscoud, he said, would
be great, and he thought that in view of Capt.
Miller's condition the matter should be treated
seriously.
Judge Miller Was of the same opinion. and
while he said it was conceded that man has
constitutional right to get drunk he also has
POLICEMEN WHO DRINK.
Here" said the judge. twas policeman
paid to protect life and property and with a
manual in his pocket which provides that he
shall not drink, and yet lie violated its pro-
yisiona.
IF had my way would dismiss every police
man on whose breath the fumes Of liquor are
discovered.
"A man of that sort is no more fit to do
police duty than he is to be q doorkeeper in
heaven"
Mr.. Kuhn expressed surprise that such young
men should be appointed on the police force.
but the judge said lie must have been qualified
or else he would not have been appointed.
"All q man has to do to be eligible re-
marked the judge, lis to serve in the army for
a week. He probably blew fife i'll artillery
band or vas powder monkey in n sham buttie,
and then the first :hinS he does is to shoot
down a one-armod man who lost his arm in the
defense Of his country"
ONE YEAR IN THIS CITY.
The judge wanted TO know how long Burns
had lived here, and lie said he had lived in this
country four years, spending three years in
the army.
'':rheu You lived here ono year?"
YES SIR"
Il wonder if you arc acquainted with the
Streets
Speaking Of Capt Miller's condition the
judge said he had shown heroic bravery and
forutude not often seen, and that he was still
fighting the battle with his wound and he hoped
it would be successful one.
Taking all phases OF the case into considera-
ton, the judge said he deemed it necessary to
fix the bail Mt $4,000, and then if Capt Miller
continued to improve the bail could be re-
duced.
BURNS COMMITTED.
In dcfault OF the bond Rur a was comrnitfe Tod