Daily press. [volume] (Newport News, Va.) 1896-current, 1899-07-19
Second Days Proceedings in the
Burge Case Sensational.
GIRL UNABLE TO BE IN COURT
Owing to the Premature Birth of a Child
The Commemorative Evidence Con-
cluued and the De tense Be-
gins Its Testimony.

case Of William ID. Burgc. who is Oh
trial in the County Court upon the
charge Of criminal assault upon his
11-year-old dughter, Ada Burgc, was
brought to q dramatic halt yesterday
morning, and for some time it looked
as though the case would have to be
continued to the next term.
When court opened at 10 o'clock Com
anonwealth's Attorney Il. +. Montague
made Il startling announcement. say
ing that Ada 3urgc. the young girl who
was on the witness stand undergoing 4
sharp cross eNamination when court
adjourned Monday evening, was unable
TO appear. ewing to the premature birth
of baby boy yesterday morning ut 5
o'clock.
Mr.. Montague stated that her con-
uition was such rs to make it impossi
bile to say just when she would BE able
ITO reappcar as q witness.
Mr.. Montague asked that the hear
ing of testimony be gone into, as the
woman had virtually told all She knew,
and that there were no material points
to be brought out by having her again
placed on the stand. He however,
suggested that in order to be fair to the
defense that the court take 4 recess
until Il o'clock, which would allow the
counsel time in which to look up the
law on the subject. Mr.. Jones, OF
Burgess counsel, opposed this upon the
ground that it was unconstitutional to
deprive the prisoner Of the privilege to
cross eXamnc q witness, and argued
that the only thing the commonwealth
could do was to produce the witness
This called for heated debate, which
lasted nearly an hour, and which would
probably still be going on had not
Judge Lee accepted the suggestion OF
the commemorative attorney He sta
ted that they would take a recess until
J. O'Clock.
IT WAS A PUZZLE.
When the hour Of - o'clock arrived
the matter was still in question an;
brought out the fact that in all the
courts there had never been similar
case heard Of. There was no law to
he found upon Which a decision could
'bc based. and Mr.. Montague was of the
opinion that the only way out Of the
trouble was to go ahead with the tax
ing of testimony from other Witnesses
unless the defense would offer !, motion
to have the case carried over to the
next term Of the court
MIR Jones again opposed such a step
For nearly an hour 4 Very petty ana
spirited legal fight ensu,a. but Mr.
Montague was the victor, ard TIN. de
of the court.
DIR. PLECKER TESTIFIES.
This settled, Mr.. Montague Instructed!
Clerk n. ii. Holt to issue an order sum
unonlnS Dr. Walter a. Plccker who
had been attending the Girl, to appear
in court in order that he might tell
the exact condition of the sick iNoyher.
The defense again dc.nurred and noted
another exception. DR. Picker, upon
rakinE the stand, said that in his opin-
ion ii would be at least a month before
Ada Burse would be able to appear in
court. She was very sick woman.
At this juncture the court took re-
cess until , O'clock for dinner.
The afternoon session was taken up
with the testimony of two witnesses
for the commonwealth and one for the
prisoner himself.
'-COuLD PLACE THE ROPE"
Benjamin i}urgc, son Of the accused
and brother of the unfortunate Slrl. !
was called and testified in 4 Very dam
aging manner against his father. He
said that he had had the warrant sworn
out for his fathers arrest, after he was
fully convinced of the guilt of the ac
cuscd. He then told the story of the
crime. When asked by counsel for the
prisoner whether he meant to charge
he wanted to do SO for, BurGe replied
that he wanted justice. and if it was
necessary he could place the rope
around the old mans neck His |
whole testimony was decidedly severe
on the prisoner.
MIR. SMITH IN EARNEST.
The next witness was Mr.. Smith, |
son-in-law Of the prisoner at the bar.
His evidence was along the same line
as that Of 13urgc, but he was somewhat
secriegious. He stated that he .'cS
pected to shake hands with Jesus"
of the guilt of the father of his wife
Dounced that it rested the case so far |
as the evidence was concerned.
THE PRISONER TlI!SIITIl1S.
William Burgc, the prisoner. was the
first witness called for the defense
and consumed nearly an hour in giving
his evidence. He said he was the faith
IIe had been married tll'irty-three
years, and had been a member Of the
Methodist church for thirty years hav-
ing been converted in 1868. lie had al
ways provided for his family and had
been very fond of all his children.
When asked to state Ito the jury whcrh-
er or not he was guilty of the serious
charges he replied: NO, brethren, they
are not true" and on being asked
where he lived, his answer was "FoN
Hill, the garden spot Of the earth
On cross-eXamination Mr.. Montague |
asked the witness whether or not be
had Since his incarceration lin Jail writ