The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-24
JUSTICE BURGESS DISPUTES THE
AUTHENTICITY OF WHAT PUR-
PORTS TO BE HIS "SIG"
ON WATERS MARRIAGE PAPER.
HE BROADLY INTINIATEs THAT HIS
SIGNATURE WAS FORGED ON
OTHER PAPERS.
CONFUSION OF THE PLAINTIFF,
Noticed Wednesday,. Was Accentuat-
ed Under Mr.. O'Brien's Cross
Fire Continued Yesterday.

Ex-Justice of the Peace Burgess, an
inmate Of the Rochester asylum, took
the witness stand in the probate court
yesterday afternoon, and testified that
he never united Joseph Waters and
Mrs. Anna MintZer in marriage. When
shown the piece Of paper. purporting
to be the marriage certificate written
out and signed by him, Mr.. Burgess
declared positively and emphatically
that the certificate was not in his
handwriting. that 1t was not signed by
him. and that he had never seen or
known the late Father Bigot, whose
name Is twice subscribed to the mar
riage certificate.
Mr.. Burgess appearance in court
created sensation. 1t certainly sur
prised c. n. Bell and Harvey officer.
the attorneys for Joseph Waters, the
claimant. Mr.. Burgess is little old
man with snow white hair, a shaggy,
gray beard, and small, restless, blue
eyes. He looked like man who had
reached the allotted three-score and
ten, but he informed the court that he
was only sixty years of age.
Mr.. Burgess was called to the stand
by Mr. O'Brien, Immediately after the
noon recess. He was sworn without OBJ
lection from Mr.. Bell, but to the first
question, Mr.. O'Brien asked. Mr.. Bell
interpozed his objection, which was tina.
the records Of the probate court show
ed that Mr.. Burgess was incompetent
to testify, in that he had been commit
ted to an insane asylum.
Mr.. O'Brien contended that the rule
was we'll settled mat the mere fact of
commitment was not a bar to the wit
ness testifying in a law suit. The court
could judge of the capacity Of the wit
ness.
Judge Willrich-A person with de-
fusion may be competent to testify as
to some facts that occurred in the past.
but 1t ought to be established first
whether the witness has any memory
Of past events.
Thereupon Mr.. O'Brien proceeded to
examine Mr.. Burgess with reference to
past events generally for the purpose
Of testing his capacity generally.
What is your full name, Mr.. Bur-
gess?"
Francis Churchill Burgess" was the
and as he proceeded in response to Mr..
O'Brien to relate past events in his
life. he frequently became fndistinct
and at times inaudible. When asked
to speak louder, he would raise his
voice, and such times every word could
be distinctly heard as his enunciation
was clear.
In substance Mr. Burgess said that
he was born in Charles county, Mary
land, in 1887, that he came direct from
Baltimore to st. Paul In 1872; that he
went to Duluth in search Of a place to
practice law; that he came back to st.
Paul and in 1873 and 1874 wrote for the
newspapers. Subsequently he removed
to Minneapolis, but again returned to
st. Paul and practiced law.
Did you have any law partners ?"
asked Mr.. OBrien.
81 had at different times" answered
Mr.. Burgess
Who were they?"
one was young man from Man.
kato. I remember I did all the work.
and he took in all the collections" add
ed Mr.. Burgess with smile.
Mr.. Burgess told the court that he
first opened law office in the old Rog-
ers' block, then In the McClung block.
then on Wabasha street and finally he
had moved back to the McClung block.
"You mean the block that was burn
ed down." suggested Mr.. O'Brien.
THE block that was pulled down."
corrected Mr.. Burgess.
do you understand, the obligation of
an oath, Mr.. Burgess?"
q! Mr. Blu Burgess paused a moment and the ques-
1.-THE obligation Of an oath?" queried Mr.
Burgess. in response. why, Mr. OBrlen. of
course do" u
Mr.. O'Brien submitted that Mr. Burgess had
shown he was competent't to testify as to past
events. SIS ,
Mr.. Bell contended 1t had not been shown
that he was, but added that he did not care
to cross-examine Mr., Burgess with a view to
demonstrating that he was incompetent to
testify, and suggested that the court ask
Mr.. Burgess some questions.
Judge Willrich-Mr. Burgess, do you re-
member me?
Mr.. Burgess-Yes sir.
"Do you remember where 1 used to have
my Officer