St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-22
WAS BURNHEM JUSTIFIED
IN KILLING J0SEPI CLARK, THE
YOUNG NEeR02
THE PROSECUTION RESTS.

Testimony for Burnhem Will Be
Heard Today - The Defense
Will Call Some Of the States
Witnesses to Show That Clark,
Just Before Dying, Admitted
He Was TO Blame.
The Burnhem trial was resumed yes
terday morning in the criminal court.
The third witness for the prosecution
was Rev. W. S. Brooks, the colored
Methodist minister. Mr.. Brooks said
that he knew Joseph Clark, the negro
whom Burnhem shot; that Clark at
tended his church, was worker in the
Sunday school, and wrote articles for a
paper published by the church literary
society. Mr.. Brooks arrived at the ex-
position building at the same time as
the police officer. He saw Clark lying
on the ground and heard him cry:
Help, Pm shot. The coward muir
dered me-"
Officer Hitler then took the stand,
and told the story of Burnhem's giving
himself up Immediately after the shoot
ing. Ofhcer Moran testified that Clark
said after he was shot: The cOWardly
brute; he shot me for nothing. He's a
street car CON- and lives next door to
me-" Officer Maurens testified that he
found twenty-two-caliber revolver in
the pocket of Clark's coat which he
wore that night. One of the five cham
bers was empty, and the hammer rested
On loaded cartridge. Henry Mcintosh,
coIored lad, testified that ne and Joe
Clark w Mt hod
NeWman's saloon together until about
II p. IN. They parted at the corner of
Central and University avenues, and
as they stood there two men
passed them. one of whom witness
identified as Burnhem. After witness
and clark had separated Clark followed
along University avenue behind Burn
hem. Mrs. Clark, the mother of the
boy, testified that 10 was a porter by
occupation, but was out Of work at the
time.
There was lively spat over the at
tempt OF the defense to get some very
important evidence out offDr. Webster,
OF the city hospital Acting Prosecuting
Attorney Hall put DR.. Webster on the
stand merely to have him tell the jury
how, when Mr.. BearGesley and Stenog-
rapher Walgren called to take
lie
DR.. Webster, told Clark he would
die, and explained to him the presence
OF the attorney and stenographer. After
Dr. Webster had testified to these facts,
MIR. Hall didn't go any further with his
witness; but MesSrS. Rand and Gjertsen
did, or attempted to. DR.. Webster had
testified in the police court examination
that Clark had said to him the same
afternoon, ut is my fault; am to
blame; l am guilty." SO Burnhem's
attorneys croSs-eXamined DR.. Webster
On this point yesterday, and before Mr..
Hall could choke the doctor off with his
objections the above statement was be-
fore the jury. MIR. Hall became indig-
nant, and his associate counsel, William
Morris, eXcitedly denounced the tactics
of the defense. The court decided that
1t was not proper cross-eXamination,
and DR.. WebSter's answer was stricken
out. Today the defense will call DIR.
Webster and endeavor to get this i'm
portant statement of the deceased be-
fore the jury i'll legal manner.
The next witness was w. II. Harmon,
who testified that he had seen Clark
and Burnhem walking together in the
street some days prior to the shooting.
Mr.. Beardesley, of the county attor-
ney's office, was called. and repeated as
nearly as he could remember the dying
statement of Clark made in the presence
OF witness and Walgren, the stenogra-
pher. La this statement Clark claimed
that he gave Burnhem no cause for
shooting him. After calling two police
officers to identify the two revolvers,
Mr.. Hall informed the court that the
state rested.
Court then adjourned until a. M. to-
day, in order, if possible, to finish the
case by the end of the week. The de-
Tense will call about a dozen witnesses,
some Of whom have already been called
by the state, and others whom the state,
it is claimed. did not deem it wise to
call.