Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-05
OFFICER BURNS CONVICTED.
Judge Bradley Sentences Him to Eight
Years in the Penitentiary.

Judge Bradley Sentences Him to Eight
Years in the Penitentiary.
In the Criminal Court. Judge Bradley, the
trial of JOS. A. Burns, the police officer who
shot Capt Jas. A. Miller in front of the Hotel
Fredonia, H between 18th and 14th streets, on
November last, under an indictment for in
tent to kill, was continued today.
Yesterday afternoon Officer Eaton, Serg+.
Shilling, sergt Montgomery, Officer Joseph A.
Williams, Dr. Brewer Of Garfield Hospital. W.
F. Pearco, E. E. Longley. W. W. Culiison and
Gustav W. Forsberg of the light battery tes-
tilted. The testimony showed that Burns went
on duty at o'clock; that about $50 o'clock he
was intoxicated and half An hour later was on
New York avenue near the battery armory (the
rink blowing his whistle, and had directed
some iadies who were asking their way
to the Fredonia to the battery; some
Of the young men walked across with the ladies
and Burns walked up the steps and forbid any
one passing in: that MIR. Lonely went to zee his
number when Burns seized him, put his pistol
in his face and snapped it, that he put the pis-
toll in Mr.. La Fetra . face and Capt. Miller tele-
phoned to the station. Officer Eaton came up
and Capt Miller told him to take the pistol.
when Burns fred and also attempted to shoot
Officer Eaton and was very violent, kicking
some Of the officers.
This morning W. C. Thompson, clerk in Hen
dershotts drug store, testified to Burns getting
some vichy and ammonia and his actions were
not rational.
The defendant testified that he was twenty
four years Of age, had served three years and
three months in the army, was appointed on
the police force October /, and on November 4,
after going on duty, felt bad about his stomach
and dizzy In the head, and the last he remen-
bercd was when he was in or near a drug store
about or o'clock. aud he did not realize what
be was confined for till after he was in Jail.
On cross-eXamination Burns said be and Of
ficer Pearson that day were in Blake's and
Sweeney's Saloons on LIST street southwest, and
drank some.
JUSTICE RRADLKY's CHARGE
Justice Bradley in charging the jury said that
an unoffending, good citizen had been shot
nigh unto death, and the man charged with the
crime wore the uniform of q metropolitan
policeman and vas sworn to protect the
lives and property of citizens. The jury
was to decide if the shooting was
There are two elements in the charge-the as
| sault and the inten- He need not say that a
shot from revolver was an assault
1t was such an offense if the defendant was
in his senses or whether he had been converted
into a demon by drink. The important aues-
ton was the intent and they should coudsider
the testimony "a to intoxication as bearing on
this.
If they found that he was from drink beyond
the point OF sufficient mental capacity to form an
intent they should not find him guilty OF the
graver charge. Tho fact. however, that he was
drunk did not relieve him, for he IVES Responsible
| for drunken intent. Hfrom the whole evidence
| they were convinced that, although he was
under the influence Of liquor, he was capable
OF forming the intent to use the weapon in q
deadly manner. he should be found guilty.
GUILTY Al INDICTED.
In half an hour the jury found verdict OF
guilty as indicted. The court sentenced him
to eight years in the penitentiary at labor, the
maximum penalty.