Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-02-27
BURNSIDE NOW FREE
Indictments Against Him Nolle
Prosecuted Today.
END OF THE EMDEZZLEMENT Case
His Confinement for Many Years
as an insane Man.
DRY OF HIS CRIME

Col. James q. P. Burnside is no longer a
prisoner. The last legal obstacle to his
going free was removed today when a
nolle prcsequi was entered by the prose-
cutting officers of the government in the
cases pending against him. Col. Burnside
was for nine years the trusted superinten-
dent and dsbursing officer Of the Post Of
flee Department. He was one of the best
known men in Washington. In 1854 his ar
rest, charged with the embezzlement Of a
large sum Of money from the government
caused great sensation. The proceedings
then hegun were brought to an end today.
The action taken was the dropping of the
Two indictments that have been standing
against Col. Burnside for twelve years.
This was done on motion Of District At
torney Birney in Criminal Court No. =, and
Judge Cox promptly directed Clerk Downs
to make the necessary order.
Mr. Birney's Motion.
No intimation was given of the matter
until court had been opened. Then Mr..
Birney arose and formally presented the
motion in the following words:
"Ycur honor, in the two cases Of the
United States against J. o. p. Burnside,
numbers l5335 and 1868, filed in 1854 in
THIS court. L desire to call the attention Of
the court to the fact that since the year
1881 the defendant has been an inmate of
the asylum for the insane, ST. E.iZabeth's.
reports from time to time since the in
carc"ration of the defendant leave no doubt
WI atever in he minds of those who have
Investigated the matter, myself and the
Attorney General that the defendant will
never tie in &C nGition for trial. The pen-
Gency of the Indictments seem only to in
crease his malady from time to time, and
therefore move for nolle prosequi in
these two cases"
AS stated above, the court granted the
motion.
Col. Burnside's Case.
The case OF Col. Burnside Is one Of the
most celebrated in The criminal annals of
the District. Col. Burnside was socially
prominent. He was captain of the Ma
tlonal kities, the most active member of the
Columbia Rifle Club and connected with
other well-known organizations. His liber-
ality was proverbial. He held the office of
superintendent and diSbursing officer of the
Post Office Department for many years,
having been appointed to that place soon
after The war. tte came mere from Illinois.
His arrest occurred May ~, 1854, it having
been discovered that considerable money
was missing from hIs safe. He was charged
with the elnbezz.ement OF $l5.7 of govern
.nent funds. He was committed to jail in
default Of $45,OuO bail to await the action
of the grand jury. June 10, 1884, the bail
required was reduced TO 10000, and he was
released on bail bond furnished by Messrs.
William ID. Baldwin, George II. Plant, X.
J. Beall, George T. keene, John Coughlin
and Edward b. FadeIy. October 81 of the
same year two indictments We're returned
against him, but the cases We're never
brought to trial. November IL following
Col. Burnside was declared to lie insane
and was committed to St. Elizabeth Huspi-
tai, where he has remained up to the pres
ent time.
TIrrr do hao hoo, fr,,nfi n
prisoner awaiting trial. His confinement in
the asylum hes not been Of the strictest
kind. He has at intervals been permitted
TO visit the city and to see members of his
family In their old home He has occupied
himself in the asylum making violins, and
is said to have become extremely expert.
The circumstances attending his arrest
were intimately associated with the SuS-
pension of an OIL broker named Lewis. In
fact, 1t was understood that the difficulties
into which Col. Burnside fell and which led
10 his exposure and arrest were due to his
having been infatuated by the glittering
inducements held out by Lewis. The busi-
ness conducted at Lewis establishment was
what was known as d blind pool" Specu-
lators put their money into the pool, which
was managed by Lewis. For some weeks
they We're paid large profits, then suddenly
the doors were closed and those who had
their money invested had no recourse Col.
Burnside was understood to be one of the
heaviest los.rs, and his shortage led to the
disc overy of his crime.
Al the Hospital.
At St.. Elizabeth's Hospital for the In
sane. where Colonel Burnside has been de-
tanned, nothing was known of the action
of the court until the news was carried
thither by Star reporter.
1t was stated. however, that the fact
that the indictments pending against Burn
side had been dismissed in 10 way altered
his status at the hospital, except that the
matter of his detention is now left to the
discretion of the superintendent. Burn
side was committed by order of the court
and heretofore the asylum authorities did
not have it in their power to let him go
even If his mental condition had warrant
ed it.
AS things stand now it is within the dis
cretion of Superintendent Godding to say
whether or not his condition is such as to
warrant his discharge. His position is pre-
cisely that of any other patient who must
stay as long as he is insane and may leave
when cured or when some ore responsible
gives bond for his care and keeping. One
of the staff physicians said to The Star re-
porter that, in his opinion, the mental con-
dition of Col Burnside at the present time
is not such as to warrant his discharge.
THE SEAL. ISLANDS,