The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-21
JURY HAS The CASE
BURNS TRIAL CAME TO AN END
LATE YESTERDAY
AFTERNOON
JUDGE BRILL DELIVERS CHARGE
Says Guilt of Accused Must Be Es-
tablished Beyond Reasonable
Doubt Before Verdict Can
Go Against Him.
JUDGE BRILL DELIVERS CHARGE

AT l o'clock this morning the jury Ill
the Burns case was still celebrating and
was not expected to reach an agreement
before court hour this morning.
The case was submitted to the jury
soon after $50 last evening, and after
the usual formality of swearing the
kailiffs to faithful performance of their
duty as to guarding the jurymen from
outside communication the twelve men
who were to deci1e the question of The
guilt or innocence of the former county
auditor, retired to their deliberations.
When court opened in the morning the
defendant resumed the-Stand in his own
behalf, and was questioned at co.fstder-
able length by his counsel as to his Trans
actions in tax certificates, with special
reference to the refundments referred to
in this trial. In the course of this testi-
mony Burns stated that he had never
received dollar on refundment order
without Surrendering the certificate at
the auditors office.
Burns was submitted to a rigorous
discrimination by County Attorney
Kane. He said he had resided In st
Paul tWenty-three years in all, and DUR
ing two years of that time had held the
office Of county auditor. He was engaged
in the real estate business, was the pub
Usher of the st. Paul Herald, and man
aged the st. Paul tax bureau. In TINS
last mentioned business he acted as agent
in adjusting taxes for others
When asked where he got the certihl-
cate for the property in De Bow, Smith,
R1seae & Williams addition, Burns said
he could not now remember, but thought
it came into his hands in a lot which ne
purchased from tie Merchants National
bank some two years ago. Questioned
as to why he waited two years before APP
plying for a refundment, he said he had
not been advised that the tax sale mad
been declared void.
Mr.. Kane asked Burns in pointed
manner if it was not a fact That the
money received On the Bass certificates,
amounting to $780, was drawn Without
the certificates being surrendered. me
defendant said in reply that he had ar
ranged to have Scno0nniaker go to the
auditors Office while he should go to the
bank and get the certificates. The money
actually was, he said, paid to Schoon-
maker before the certificates had been
delivered but the bank understood the
arrangement, and eventually the certlIl-
Gates were surrendered at the auditor s
office.
Owned All the Certificates.
In regard to the Davis petition, Burns
said to the best of his recollection the
certificates Were surrendered when he
got the money The county attorney
asked him it it was not fact that he got
the money April 8, and did not receive
the certificate for. the lot in Nhltacre,
Turner & Lepper's addition until May IL
following. Il don't know that l dld was
the reply Questioned further on this
point Burns said he owned ali the GER
tifcates at that time, and Mr. FarWeif
was simply holding them for him.
II. B. FarweIl, called by the state, said
he owned the certificate for lots and 9,
in Whitacre, Turner & Lepper's suhdl-
vision He sold them to Burns Dec. A.
1900, and the money was paid, and the
certificates delivered to Burns May IL.
1861.
In summing UP the case for the state,
County Attorney Kane attacked Burns
character from every side, ana spared
no word because CT it's severity. He
not only reviewed the testimony in this
case, but referred to past charges which
had been made against Burns, and scor-
ed him without mercy. He carefully went
over the testimony in the present case
from beginning to end, missing no
significant point and bringing into relief
each feature of the evidence on either
side which tended to strengthen tie
states case.
Mr.. Dennelly, closing for the defense,
opened his address to the jury with lie
remark that the able and eloquent ora
ton of the states attorney was all that
the state had put before the jury by way
of a case. From the standpoint of the
defense he thoroughly went ever the
evidence from beginning to end, carefully
directing the attention of the jury to GER
tain portions of the states case which
he argued were manifestly weak.
Judge Bunn's Charge.
The charge delivered by Judge Bum
was explicit and thoroughly analytical
as to the legal features of the case, and
was generally pronounced by those who
heard it IS well as the interested counsel
to be thoroughly impartial.
After carefully explaining what mean
ing should be taken from the words 'rea-
sonable doubt as applied to the cues
ton of the guilt or innocence OF the de-
PENDANT. the court proceeded to explain
that the jury must to justify verdict OF
guilty be convinced beyond any reason
able doubt that there had been an ap-
plication made to the state auditor for
refundnent CT taxes upon the property
designated in the indictment, that the
application had been made by Burns Or
at his instigation, that the application
had been false ard that Burns knew
it to be false.
A Piano for 20 Cents.
Other STYLES I'D to So Largest stock in