Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-09-18
INSANITY
Or at Least Complete Absence
Of Malice Aforethought
Are the Grounds Of the Defence for
Michael Burns.
Able Argument Of Hon. n. N. Heath in BehaIf
Of the Prisoner.
INSANITY

IL was evident at the opening of court,
Tuesday morning, that the government
In the Burns case intended to bring In
but little testimony additional to that
taken Monday.
William Smith of Augusta, testified
that on the morning of June "a, while
sitting In Chute's barber shop, he saw
Burns go up street past Hopkins store
ana IN three or four minutes saw him
come back going down street. When
burns walked down past the Hopkins
place, witness heard loud talk and saw
Mrs Hopkins talking to Burns, who did
not stop although he replied in moderate
tone. burns walked along leisurely, with
right hand in hip pocket and smoking
cigar he appeared cool and smiling.
Mrs Hopkins appeared excited; couldn t
hear much OF what she said.
Cross Examinaton.-D distinguish
the sentence: 81 dare you to come into
this store, you Charlestown State prison
bird. Didn't distinguish any other
words of the conversation save that SEN
tence.
Redirect-Saw Burns wave his left
hand as he was leaving Mrs. Hopkins.
Hopkins was called and testified that
he had no revolver on his person that
morning
The Defense.
A. NJ Goddard Esl., opened the case for
the defense He said the defense did not
question the evidence as to the fact that
Al
ously near to Hopkins person. The vital
point was the intent of Burns. The
% malice aforethought' was the vital part
1t must be proved beyond a reasonable
doubt, if the government would show that
Burns Is guilty of assault with intent to
murder, that he deliberately planned the
deed with malice aforethought. The de-
Tense claimed that there was no malice
aforethought but that he shot Hopkins on
the spur of the moment. If Burns had
made up his mind three weeks previous
to kill Hopkins he had plenty of better
opportunities than on that morning of
June gath on the public street of Au.
gusta to fire that shot as he did 1t is
ridiculous to think that Burns in his
right mind should seek that opportunity.
No sufficient or reasonable motive has
been shown why Burns should commit
this crime. The whole evidence shows
that at the time Burns fred this shot he
was not in his right mind, was insane
and irresponsible at the time. The evil
dence shows that his mind was wrong
before this and afterwards In the jail
when he muttered to himself and gesticu-
lated. The rapid transitions In mind that
had been frequently noticed in Burns
show this.
AS tc provocation it is shown that Hop
kins admits that he attempted to provoke
Burns that very morning and used insult
ing language toward him. Burns mind
was not right then but he restrained him
self Later when he met Mrs. Hopkins,
and what she said was as likely to pro-
woke him to the deed as anything Hop
kins might say she called his wife that
vile name and his mind was thrown into
the state In which he committed the crime
on meeting Hopkins few yards beyond
there.
His wife will testify as to Burns con-
ing, how he appeared to lose bis memory,
had severe headache, had tickle appetite,
was irritable, and in the early summer
did not know his own clothes and his
linen although it was marked. MIR. God
dard then summarized the evidence the
defense proposed to introduce to show
that Burns was insane. When he met
Hopkins that morning he was in an I'M
balanced condition of mind when "A few
words would deprive him of RESPONSE
billty. We do not claim that he was
wholly insane all of the time but that he
was in an irresponsible condition. If we
satisfy you that at that time Burns was
irresponsible he Is as fully entitled to &C.
quittal as though he had been a raving
lunatio for months previous to that time.
This evidence as to delusions does not
depend upon Mrs. Burns testimony, Cora
Greenwood, who came to board at Burns
last spring, noticed this condition. DIR.
Robert j. Martin, Burns attending ply
stefan, will tell you that Burns used to
come into the doctors office and talk
senselessly and unreasonably until the
doctor began to shun him.
The counsel stated that IT would throw
no light upon the matter to put Burns
upon the witness stand with his detective
memory and Authorizations and conse-
ouently he would not testify. Burns had
intended TO go to Lewiston that morning,
and took along his pistol as was his Gus
tom when going away especially to collect
money. 1t was matter of chance that
Burns had that pistol; 1t was matter of
chance that he saw Mrs. Hopkins 1t was
a matter of chance that he met Hopkins,
ana no reconciliation.
VIM. H. Jeffrey, editor and manager OF
the Maine Democrat, testified as to the talk
with Burns about going to Lewiston to
GET subscribers for the Democrat. The
Saturday before they had arranged to go
to get subscribers on this morning OF
June "a. About O'Clock this particu-
lar morning Burns came down stairs from
the floor, where he lived above the
Democrat office, and walked down street.
About half an hour afterwards heard the
steps of man he should judge, going up
the stairs to Burns apartment A little
LITER some one came down the stairs and
Rrrne aotered the Demo crat office. He sat
dawn and read the Journal Is or 90 min