Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-09-19
"GUILY
Is Verdict of Jury Respecting
Michael Burns,
After Half an Hours Deliberations
Exceptions Will Be Taken.
Abstract Of County Attorney Heselton's Able
Argument and Judges CHARGE.

Vi tne jury IN the burns case
The county attorney made strong
logical argument that held the closest at
tention. Following is an abstract of his
remarks:
Ii eloquence could save man from hi:
merited punishment | feel that l should
have poor case. l am not an orator like
my brother for the defense, who can
make vice appear virtue and license as
law. l have confidence, however that a
kennebcc jury will not allow their minds
to be clouded by theories or facts to be
buried by words The prisoner is sur
rounded by the presumption of innocence
until he is proven guilty The defense
has gone out with three hooks; one, that
of Michael Burns, self defense; that of
Michael Burns and his counsel insanity
and that of his counsel, viz, an attempt
to kill which had 1t resulted in Hopkins
death would have been Inanslaughter
The theory Of self defense has been
abandoned. As to the insanity theory,
the law presupposes that the prisoner is
sane and to prove him otherwise rests not
upon the government but wholly upon
the defense. 1t must be proven beyond a
reasonable doubt, difficult thing to do
at best Now l have not one word to say
against Mrs. Burns. God knows she has
enough sorrow. But in considering her
testimony bear in mind that she wanted
to say all she could in defense of her hus-
band. Not that she wished to testify in
correctly but she wished to say everything
possible that could tend to help her hus-
band. You want to bear in mind If you
bring in this man insane that, If at any
time you express to your wife desire for
economy, you have placed it in her power
to put you In the insane asylum. I sub
nit that every man on this jury whose
honeymoon has worn off has been irritable
in his family at times and had streaks of
economy. Is 1t a delusion that man
should find fault with his food? Ii so
then l must have decisions. Is that all
excuse for this man to shoot Harry Hop
kins? Another 6cluslon Is that he thought
some one else might have the same laun-
dry mark on their linen as he had on his.
These facts didn't make enough impress
sion on his wife'S mind for her to bring
them to the attention of his counsel until
about a week ago. isit unreal to think that
a man, who is commonly uncivil among
to, would occasionally speak harshly to
his wife? That time that he took a sweat
he got up In the morning better and with
his GOLD broken up. Nothing so wonder
full about that That act of his, standing
before the looking glass dressed in his
Sunday suit Of clothes, WASN'T thought by
his wife TO be of enough Importance to be
called to attention of the counsel until a
week ago. We all have insomnia at
times The fact that he woke up and
didn't remember that he had asked to
have his head bathcd Is not strange.
While she had gone for the vinegar he had
fallen asleep and forgotten the occurrence
Are these insane delusions: You saw
how reluctantly DIR. Martin admitted that
Burns had repeatedly talked aDgrily about
that property quarrel which aroused the
malice and put in his heart the intention
to kill Hopkins. Was not that most
natural expression Of Mr. and Mrs. Hop
kins In the heat of that probate court quar-
rel to say that Mike was crazy: How
often have we made similar remarks
Although his counsel, Mr.. Goddard, was
counsel for Burns In the probate case and
has been his counsel since June Pa, he did
not have an idea that Burns was insane
until about seven days ago.
With dyspepsia In his stomach and
malice In his heart are you going to give
him the benefit of verdict of insanity?
Ii was not necessary for the government
to put Mrs. Hopkins on the stand The
counsel for the defense has gone out of his
wav TO assail her and to magnify the fact
that she didn't testify. She was in the
court room and the defense could call her
AFT any time and would have done so had
they expected to bring out anything in
support of their insanity theory. she
was not essentially party to the prosecu-
tlon. You heard how Mr., Hopkins said be
was sorry for Burns Mrs. Hopkins was
sorry for Burns for he was her brother.
Honk,ns' manner and testimony upon the
stand showed that he simply told the
t,pth and did not desire to prejudice the
case against Burns in any way. The de-
fensa didn't call Burns to the stand, they
said. because his decisions would prevent
him from throwing light upon the case
Now I wish to comment upon Brothei
| Goddards remarks in opening
| Counsel for defense objected, but th'
court decided that the county attorney
might comment upon Mr. Godoard staee
| ment. =,
The defense entered exceptions to TIT
ruling
The county attorney said that the very
fact, If true that Burns decisions woust
prevent him from giving clear testimony
would, if Burns had been put on TN
stand, have been the strongest possible EVIL
depoe of bis diseased mental condition
Didn't Burns know right from wronI
when he shot HopkinsY III he oluh
realize that he had committed crim
why did he go to the police court room
after the shooting. Did he tell Hopkin
AT the Jail that he didn't know what n
did when he shot at him. Oh, no. II
said we both acted like d----n fools, tina
Il he had killed him he should have kille'
himself. L,
WHY. if you find that Burns Is excusaol
because of insanity then you might
we'll tear down all the prisons ana erec
insane hospitals in every oily.
will not impute to the learned counst
for the defense, the Jail decisions about IN
oabbages, preaching and that threat .
k;ll his wife. Those were simply the re
sult Of Michael Burns cogitations as h
lay there In jail
When it appears from the whole c'rcun
stances of the case that the man who Kill
ia have controlled his tempe