The sun., 1900-12-20
BURNZ'S INSANITY PLEA.
80, SSti rOH THT DTTI,TS nay TT
~ 80 TfsTfnONt.
Take. Gtouna That rr.onsr i's. >o, Hss"
rf",ed san- a. TINS of Murder n"rn,s
onfs.s,"u Admitted After sausbb'e
IN which Judge ksosh IsLss Nsnd'

Whom Young fdgu nurn, walked 10 hi'
arnt In ~" court room ~ white Plains ycst"f-
/ DIV morning ~ tho beginning ~ N" thitd
| dnv ~ his trial for tho murder ~ station Agent
| Fellows ut Scarsdalp last D'C"mh"t. his At"p
J was s'"adior aud hi- appearance more COIN
| posed thnn on the day before IA the first
witness was called he settled himself com
! fortahly and from that moment seemed CON
| sclous ~ nothing In ths court room b"y"nd
| the teHimony ~. mother and sister. who
! took seat. aear him iuel usthe hearing opened.
nodded 20 him. but Burng's eycs were on tn"
| wtnes. stand and he did not see them.
Before tho day va. over District Attorney
| Andrews. who says he IA confident Of BURNS
conviction. had called n scor" OF his hfty
witnesses to testify. The testimony covered
| the whole story Of the cTino from Ioilow-'s
departure from the railroad station for homo
In Burn2's company on the night OF Dec
8. 1899. to Burna's arrest early the following
morning. The spectators srpIaudcd several
Of Prosecutor Andrews's points and were
promptly called to order by Judge Keosh,
Mrs. Ida &. Angel OF Scars1ale and her ron
Leroy, the first witnesses. told of seeing
Burnz at tho station the night that Fellows
was murdered {. u. Dedcr.r. William
u. Sherwood, Daniel Grogan and his mother.
Katherine. also identified Burnz n the person
they had seen with Fellows on the night
OF the murder.
Conductor Richard Powers Of the Harlem
Railroad. Trainm1n Geor Ee Wilson. and
John Boruf of Tuckahoc testified to having
seen BurW on the same nsht with large
sums Of money. Certain coins were id"nu-
fed by them and admitted as evidence. after
judge MiIS's Oh factions had been ovcrrdled.
All tho afternoon testimony had to do with
BURNS arrest at Madison Square Garden
by Central Onlco Detective sullivan the
morning after the crime and his srbse-
ouent confession. Detective sullivan Capt.
McClueky his secretary. Detective Hughes
ard sheriff Mall"v were examined.
Tho hr-t G,,",uon Pro-c'n,Hr Andrews
De head { thc Detective Bureau in New
capt NcClusky, with n broad smil".rerh"d,
Il w's " and every body In the court room
Tho o-lccr, Identified Felows's money
and pockothooE and revolver, which were
taken from the prisoner when he was -e1rch"d
at Police lIcadquarters, md the articles wrro
admitted as evidence on cro-s-eXauihatl9n
tho witnesses we're 0g"stionSd narliculLariy
Cigarette and tho invnriahlc Affirmative
rcnlv seemed to please Judge Nils ,h
Thoro was a wranclo bv counsel over the
admission Of tho confession which Burnz
dlctatod to Doctve Hughes and Capt. Nc
Cgsy at the tmH "f hi- arrSSt, I'M hi' c1,ns dIrS-
tEat % he ~ was ""' ""'4eized bv some me 'ncontroablc
desire and shot Fellows In the back. ana
concludes, Il make this statement OF my
own FREQ will without promise OF ANYTHING
nnd am perfectly conscious that have com,
m,ttnd crime aud OF the Consequences o'
Judge Mills held that the confession was
obtained under pressure, hut II was adnlitt"d
puriny tho q isc,issi on Judge keogh took Issue
with Prosecutor Andrews over motion 70
admit what was appended to the document
by the Central Office men.
-Nhv," the Judge said, You might iust
"a well have taken Burn 10 where Fellows
dead BODY lay. and then. try TO Introduce
as evidence what he said there"
even that" promptly replied MI, Andrew
NO, never" returned Judge keogh. raiS-
Ing his hand In protest That might have
been cOmpctent two or three centuries ago
bu' now IL would ~ harharons
Prosecutor Andrews protested MAT 10
ss possible and within tie full knowledge
OF the law. This remark brought Judge
keogh forward with "a jump.
We will have no comment here, SIT. ne
q whisper There must be nothing but Ques-
ton, answer md argument IN this court
You must apprsCiate the Solcmnlty of this
trial and remember that there must be no
Just before ad'onrnr,ent Judge Mills asked
re-, iis crsa II so." he s1d NAV va not
vIvo tho caso TO IA" jury without examining
or vitues4re. on tho ground that the prose
cution has failed n prove that Burnz was sane
when he committed tho crme'
Judge keugh replied that tn" trial would
have 10 take its regular course, but that ~
Circrin stances justified Il tho defence might
raise Judge Mills's point later.