The San Francisco call., 1899-06-18
WITNESS FOUND
TO Be A LUNAT|C
Moore Defense Given a
Setback.
BURNS PROVES A FAILURE
CLAIMED TO HAVE SEEN THE
KILLING OF KILROY.
When Called to the Stand It Is Dis
covered That the Man Is Crazy
and Possessed of Weird
Hallucinations.
CLAIMED TO HAVE SEEN THE
KILLING OF KILROY.
Special Dispatch to The Call.

NEVADA CITY, June 1.-THE de-
fense in the murder case of the people
against Moore received a staggering
blow to-day. The first thing at the
opening of the morning session Law
yer Tyrrell called Francis n. Burns to
the stand. Mr.. Burns has long lived
here and claims to be a mining expert
and promoter. He had a few days ago
confided to Lawyer Tyrrell that from
the window of his room in the Morgan
& Roberts block he had seen the whole
Of the bloody affray in which Police
man Kilroy met his death. He had
said that the policeman brutally at
tackled Moore, who kept warning him
back; that finally the officer knocked
down the lone prospector from Little
Deer Greek and then tie latter had
commenced firing in self defense.
Burns was sworn. District Attorney
Power objected to the taking of his
evidence on the ground that he was
not only mentally Irresponsible but an
out-and-out lunatic. Mr.. Power was
granted permission by Judge Nilon to
interrogate the witness. Burns was
voluble. He said he had for a time
thought he could not be present at the
trial. because he had been correspond
ing with the Government about going
to Manila as a chief of scouts, but he
had finally concluded to stay, because
he could not get the position he wanted
He had himself been annoyed by in
f1uences exerted over him by what he
called "whistlers."
They had also bothered Professor
Langley Of the Smithsonian Institution,
while that gentleman was experiment.
ing with flying machines. ExCham-
piOn Bob" Fitzsmmons was another
victim. These 'Whistlers" used long
glass tubes filled with a wonderful fluid
by the aid of which they exercised su-
pernatural powers over those to whom
they directed their attention. He
talked on at random about haWkshaWs
and other irrelevant matters, and final
ly admitted he was some years ago in
the Home for the Incurable Insane ar
Agnews. Much of his queer tale was
based on a fantastic sketch printed in
a recent issue of the Black Cat.
The prosecution offered to show by
expert evidence also that Burns was
deranged, and he was withdrawn from
the stand pending the investigation.
Edward II. Moore Sr. of Oakland, the
S0-year- father of the alleged MUIR
derer, testified that he had an uncle
brother, sister and nephew who were
crazy; another brother at LovelOck
New, who was queer, and that the
defendants mother died a lunatic. He
said the prisoner had been hurt three
times on the head since he was six
years old, and had always been de-
mented.
Many prominent citizens who had
known the prisoner, now so years old
since he was boy, swore that in their
opinion he had always been crazy in
part or wholly. Most of them thought
ln 70 n &c
criminate between right and wrong.
Next week the prosecution will bring
forward many. witnesses who think
Moore is nothing more than an eccen-
trio and vicious fellow of keen intelli-
gence and remarkable memory.