Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-09-17
THE BURNS CASE,
Proceedings of the Opening
Day of the Trial.
The Prosecution Proposes to Prove
That Burns Shot to Kill.
And Had Deliberately Planned the Deed-Im-
portant Testimony.

attendance upon the superior court Mon
day morning, from the fact that 1t was
the time set for the beginning of the trial
OF Michael Burns, indicted for assault
with intent to kill upon the person of
Henry R. Hopkins, June 81.
The Journal readers will recall the
event; how Burns fired two shots at Hop
kins that morning little before ten
O'Clock, one shot passing between Hop
kins left arm and body so as to Craze the
skin, and how Burns then walked down
street with the revolver in his hand and
told Judge Andrews that he had shot
man.
Hon. II. NJ. Heath, assisted by A. NJ
Goddard is the counsel for Burns and
County Attorney Heselton appears for the
State. Burns sat with his counsel HIS
face scarcely indicated that he had under
gone nearly three months confinement in
the Jail. During the county attorneys
opening Burns sat with his right hand
TO his eyes and forehead. A portion of
the time his wife, who was in the court
room sat beside him. Mr.. and Mrs Hop
kins also sat within the bar.
Mr.. Heath demanded a drawn Jury and
only two Augusta jurors and Mr.
Thayer Of Belgrade, who had formed an
opinion of the case, were challenged
r. 81
Hcselton began his opening. He showed
by his opening argument that the govern
ment would attempt to prove that the as
sault was premeditated, deliberately
planned and executed and was for the
purpose of killing Hopkins, that but for
the interposition of Divine Providence,
Harry Hopkins instead of being alive to-
day would be dead and buried He cited
frequently from the testimony and re
quested the jury to carefully note the in
cidcnts leading up to and at the time of
the shooting to see If there were anything
connected with this shooting which
proves anything save that Michael Burns,
coolly and with malice aforcthought at
tempted to kill Harry r. Hopkins He
called attention to Burns calmly walking
down the street thinking that he had
killed Hopkins. Burns manner, his re
marks to persons he met, what he did
and said in Judge Andrews office were
referred to as evidence of deliberate pur-
pose on his part to commit murder also
his manner in Jail when Mr. and Mrs.
Hopkins called upon him. The fact that
nc told them he didn aim the revolver
at their son Freddy, but did turn it upon
himself with the intention of killing
himself, only "the ID thing wouldn
go off, - went to show, he contended, that
Burns was cool and In possession of all
his faculties. y
Henry r. Hopkins was the first witness
called. Is q brother -in-law of Michael
Burns. Has lived in the city since the
war. Has been in the saloon business
the greater part of tho time since then,
had Burns for partner several years
eight or ten years off and on This part
nership was terminated last February
Q.-What was the course of this disso-
luton of partnership
Opposing oounscl-.I object
The question was withdrawn.
Odd you have any trouble with
Burns just prior to the shooting?
Al did.
Q.-What was the nature of it?
"A dispute over the guardianship Of
property This was Immediately after Mr..
Burns dissolved connection with the store.
There was litigation OVER the matter in
the probate coult
Q-What was the result of the litiga-
ton?
Al was still retained as guardian.
Hopkins then was asked concerning
Burns prior visit to the saloon one morn
ing about two weeks before the shooting.
said Burns came in with light overcoat
on and kept his right hand in his pocket
all the time and says to me you son-of
a b did you say you would shoot me the
first time l come into this shop, Il
threw my hands up and said, Mike, you
know | don't carry revolver. I have
never made any such remark .
Mike said your w--of a wife said so
over the river. ! replied, - cannot help
what they say, never said it" Upon |
that Burns walked out.
John Brown and witness brother viii |
liam, were present
One Saturday two or three weeks before |
the shooting, witness said he was in the |
back room of his saloon and there came
rap at the door, He looked out and saw
Burns, and asked him what he wanted |
Burns said, You son of a b. l want |
those papers you stole off the 81 : F"
II says, What papers, Mike -
He says those papers where 1 sent |
money by express to Mrs. Common in Bos-
ton. "
Says I. Mike they must be on the file
If they are lost it doesn't matter. have
seen the receipts and will swear you
paid the money
Then he said You son of b. You
stole the wills ont Of the safe. l says, |
Mike those wills are in the conrt honse
don't want any trouble with you, I'm
not feeling we'll +"