Hattiesburg daily progress. (Hattiesburg, Miss.) 18??-1909, 1903-01-23
BAD BURNS
A MURDERER
Curses Out the Judge
When Sentenced
TO BE HANGED UNTIL DEAD.
A Sensational and Peculiar Case
in Covington.
"G..D..N YOU, KISS MY FOOTT
Yelled the Prisoner When the Judge
Sentenced Him.
Special to the Daily Progress.

Special to the Daily Progress.
Williamsburg, JAN %. The regu-
lar January session Of circuit court
convened here on Monday last, Jan
nary 10, with Hon. J. r. Enochs pre-
siding judge and District Attorney r.
S. McLaurin, looking after the inter
ests of the state.
Monroe Smith was appointed
foreman of the grand jury.
Immediately after the organization
of the court the state docket was
taken up, with which the court has
been occupied until this morning,
when the civil docket was called
The civil docket is unusually large
for Covington comfy, and as only one
week is allowed by law unless court
is especially convened, it is not posi-
bic to make disposition of more than
one third of the cases appearing now
on the issue docket.
All of the criminal cases tried at
such as pistol and blind tiger cases,
Except the case of the state against
James Burnes, who, indicted at this
term of the court for the murder of
George Waters, white, on the 10th of
September last. The court appointed
Attorney ". n. Carley to conduct the
defense, Burnes having no means
to employ counsel The proof was
very conclusive of the guilt of the ac-
cused, and after hearing all the testi-
mony and the arguments of the law
yers, the jury was only six minutes in
reaching a verdict of guilty as
charged in the indictment. -
1t seems that the trouble grew out
of four-dollar debt due by the de-
ceased, Waters, to Burnes, for work
performed which Waters refused to
pay and, according to the stat ement
of Burnes, when demand for payment
was made Waters cursed him and
threatened to kill him and he acted
in defense of his own life. The diff
Guilty occurred near u lumber camp in
the southern portion of the county
where both men We're employed.
There We're no eye witnesses to the
shooting, though one witness who
was working short distance from
the homicide at the time it occurred,
testified that he heard six pistol shots
and that after the second one fired he
heard Waters cry, Stop, Burnes, for
Gods sake don't shoot me any more
I will take back all have said. He
further test flied that he then heard
the defendant say, You have talked
too damned late and heard four
more reports in quick succession.
The prosecution proved by several
witnesses that Immediately after the
shooting Burnes said he had done the
shooting because Waters owed him
four dollars which he refused to pay
and had been bull-dogging him long
enough.
Waters was shot six times: Twice
in the face ard four times through |
the body. The state also introduced |
witnesses showing that four of the |
wounds were inflicted while the body |
was in reclining position, one bull
let entering the lower part of the alb
domen and ranging its exit to the |
shoulder; also that there were three |
bullet holes in the earth directly un-
derneath where the body lay CORES
ponding in size, distance apart, etc
with three through the thorax.
Burnes was brought up this morn
ing and the death sentence imposed
He bore the same Indifferent demeanor
that he has maintained all during
the progress of the trial, except that
his eyes indicated sleepless night
He said he had nothing to say why
sentence should not be passed upon
him except he was innocent of the
crime for which he has been tried
and convicted.
When Judge Enochs was concluding
the death sentence, lyon will be
hanged by the neck until you are
dead, dead, dead, - Burnes sprung to
his feet, the veins of his throat and
face protruding like cords, all the
venom and hatred of a fully aroused
Irish nature expressed in his livid
face, and shaking his fist at the
judge he yelled, YES, G. d--n
you, you can kiss the bottom of my
old Irish foot until it is red, red, red,
G. d---n your soul; you Ameri-
can traitor. Emphasizing his vile
epithets with violent blows on the
desk with his fist and shaking it at
the judges face.
The date of the execution was fixed |
for NJ rch 6, 1908.
No exceptions were reserved By |
either side to any evidence or instrnc-
tions admitted and there being no pos
sible reversible error it is not be-