Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-09-18

hopklns snop tnat first time On tte
saturday before the shooting all agreed
that Burns was greatly excited. There
Was cause for it, as Burns believed there
mad been reflections upon his hone sty.
The cour sci here dwet ND IN the differel I
testimony as to tie words used. Hopk:rs
had said he was sick, !, "let me alone. y
Was Burns remark that he'd bury him"
any more THAI that Of a man in tempcrs
ANY more than remark naturally sug-
sestsd by Hopkins remarkss submit
1t does net show any lnuId.r in his heart?
II Judge Andrews belev. d that the word
bury was threat to kill. he would have
immediately issued a warrant. If there
had been murder In Burns heart. do YOU
peileve he would have stood the language
oirty cur, FUSED toward him by Hopkins,
.or single Instant The testimony of
VIM. Hopkins that but three or four
| minutes elapsed between the time that
burns went up past and came back again.
was wlckedly untrue. Didn't ask Jury to
oelleVe that VIM. Hopkins with his great
interest at stake and VIM Smith willfully
perJured themselves. But the wish of their
| hearts influenced their testimony. But
the testimony Of Jeffrey was entirely I'M
prejndiced. And be stated that consider
able time had elapsed, while Burns was
| up stairs after coming back from break
| fast, also after he came down and into the
Democrat office. Do you believe that
Burns, after Hopkins called him a dirty
eur, Went to breakfast and while eating
1t planned to- get his revolver ard hunt up
hopkins and XIII him on the public street,
"here there would be plenty of witnesses
TO conslgn him to Thomaston for life If
SO, assuredly he was insane There is no
uouDt That Burns returned to his house to
change his clothes and get ready to go to
Lewiston. When he came down into the
Democrat office he fully intended to go to
Lewiston. In this testimony there was no
Influence to bias 1t. If he told the truth
then between 9 and 8. IS that morning, he
came into the Democrat office ready to go
to Lewiston believing that Mr. Jeffrey
would join him at the station to 20 to
Lewiston, and necessarily the idea of shoot
Ing Harry Hopkins had never entered his
mind. You must find this to be true If
true, he took his revolver from the house
for an honest purpose When he left that
office he intended to go to Lewiston If his
wife came. Unfortunately on his way
down he met his sister Mrs Hopkins, who
does not testify. If she would give us the
truth of that conversation we should know
of the pr0vocation to the deed. She came
out and assaulted him with words that
were heard 80 PAGES away. Here was
man whose mind was lettering and need
ing but that to throw 1t from the balance.
Burns, though smiling. went down that
street singing with the smart of tho aw-
ful accusation of himself and his wife.
And yet if Hopkins had gone up the other
side Of the street, Burns would have kt pit
on to the railroad station. During the
walk of 80 PAGES there was not time for
his anger to cool and reason to assert
itself, and he met Hopkins face to face
The shooting was but the work Of an
Instant. If Mr. Burns was responsible
and in the heat of this severe proyocation
formed the intent to kill, it would be man
slaughter. If guilty Of intent to commit
murder. the purpo e to kill must have
been formed before he came into the
Democrat office, and this would be impos-
Sible. 1t does not fix the facts of this Ease.
He did not have time for bis ange: to Coz
after leaving Mrs. Hopkins and befor,
meeting Hopkins There was no oppor
tunity for him to form an intent to kill III
a cool mind after leaving her and before
meeting Hopkins III am right that his
mind was unbalanced by reason of this
provocation, your verdict should be in
sanity in its legal sense. If what the
county attorney claims, that it was passion,
be true, then at the utmost it should be
but manslauehtor.
You will find that one of those two
empty shells, doesn't fit the cyliudcr and
he cylinder with those shells in it doesD
work readily,a s Judge Andrews testified 1t
didn't, all of VII ch gots to prove that what
Burns told Hopkins in jail about turning
the revolver on himself only the d-n
thing wouldn't work, is true. and if he
was in such condition as to attempt to
kill himself, he was indeed insane. A YER
dict today, Of insanity consigns the prisoner
TO the Insane hospital. 1t would satisfy
Hopkins to give this man the treatment
he needs, it would satisfy the facts of the
case
In closing, Mr.. Heath was unusually
effective, even for him, aud not few in
the court room were affected TO tears, while
every face reflected the influence of the
counscl's eloquencc.
Adjourned to 8 A. NJ, Wednesday.