The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-23

it over until next week. Judge Offutt is
willing to sit on Thanksgiving day, and If
il is deemed necessary in order to conclude
the case by Saturday, viii hold court on the
IN HIS OLD QUARTERS.
Burton is back again in the old quarters
from which he came so near escaping.
When the change of venue from Marion to
Hancock county was granted the prisoner
was brought here and lodged in jail. He
was here a week when the sheriff happened
to so into the Jail just after the prisoners
had been given their dinner. He found
Burton industriously engaged with fine
barrel saw. cutting the bars. In twenty
minutes more Burton would have been
gone. He was taken at once to Indian
apolis and only returned here Sunday. In
his first interview, after being brought from
the Tennessee penitentiary to indianapolis,
Burton said that his name was neither Bur-
ton, as he was called in the Ohio peni-
tiary, nor Hennessey, by which he was
wealthy relatives whom he did not wish to
disgrace by calling upon them for assistance
but he said IL he found 1t necessary ne would
ask their help. He has not suffered Tor
lack Of legal talent on account or Delng
a pauper. Marion county has taken care
of him well in the appointment OF CoioneI
Black. Mr.. Spahr is Marion countys pauper
attorney and is well informed on all the
details of the case. -
Burton SAID to-day tndl lie Hdu DSSi NiS-
appointed in his relatives. They had re-
fused to help him. He said this with some
bitterness, but still refused to tell VINO MS
relatives are.
The attorneys are IN dispute about the age
of Burton. He gives it as twenty-nlne, put
the state insists that he is much older than
this The verdict may make 1t necessary
for the court to decide his age, though the
prosecution does not think 1t Will. II Bur
ton is found guilty Of murder in either the
first or second degree, his age Will not be
material for in that case he would go either
TO the gaIlows or the Michigan City prison
regardless of his age. But II Verdict OF
manslaughter be reached, the prisoners age
would determine whether he went to Mlchl-
gan City or the Reformatory at JEFFERSON
vile. 1t is understood that the state Goes
not expect to get verdict more severe than
murder in the second degree. The defense
would probably be willing now to compro-
mise on a verdict of manslaughter, though
Burton still maintains his innocence, ana
expresses confidence in being acquitted OF
the killing of Redmond.
The fact that Thomas f. Colbert who
was superintendent OF police when burton
was arrested, has been allowed to go of
to California on junketing trip, has led
to the statement that his story or Burton
having made confession TO him is not
strictly true. The defense will try to bring
this out in the trial, and use 1t in the
prisoners favor. Colbert was the only Of
ficer from this city who went to Nashville
when Burton was first located, and 1t was
said that to him alone Burton made the
confession. Afterward it was claimed Bur-
ton made practically the same admissions
to Colbert and Splann together prosecutor
WiltSie says that he knew of COlbertS in
tended departure, and did not object 70 IL,
believing that all the facts that Colbert
could prove would be brought out as well by
Splann'S testimony. Burton denies having
ever made a confession