Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-09-17
THE BURNETT CASE

4, Case Given 10 Jury AT lO:oO Lhs'
Night-Reported at 4 90 this After
noon that they were Unable "a
Agree and were Discharged.
The Corporation Court room was
densely crowded last night with specta
tors who had gathered to hear the argu
ments of counsel in the case of Richard
G. Burnett, who had been indicted by
the grand jury on the charge of pnrchas-
ing two barrels of whisky which had
been stolen from Mr.. NJ. r. O'Sullivan'f
store in the night time several weeks
ago by Joseph HOrseman and John
Whalen. The court was engaged
throughout yesterday in taking tesIl-
mony, and at the close OF the day ad-
journed until half-past seven O'Clock last
night. The evidence was substantially
that published in the Gazette at the
time the case was examined IN inc
Police Court by Justice Beach, although
it WAS more extenuated. Witnesses tes-
tilted to seeing the two men carrying
something from Mr.. OSnlliyan' store
ia that eentlemen's wagon at l O'CLOCK
in the morning; saw the vehicle move
away from the store and disappear west
ND Duke street. 1t was also shown that
Whalen and Horseman had previously
attempted to sell three barrels of whisky
to Mr.. Andrew Devers in the Third
ward, and the two men had been seen
coming from that neighborhood the same
night. Horseman, who gave States
evidence, described in detail the theft Of
the whisky and its gale to Burnett for
$70-$40 of which was paid on the
night the liquor was delivered. The
next night, it will be remembered, the
two barrels of whisky were found half
concealed in gulley running through the
property owned by Mrs. Maggie j. Bur
nett, wife of the accused, over which the
latter has control. There were eviden-
ces in the fence aud on the ground OF
the removal of the barrels. 1t was
claimed by the prosecution that Horse
mans testimony was corroborated by
many facts and incidents in connection
with the case, while counsel for Burnett
controverted all deductions made by the
prosecution and impeached Horseman's
evidence.
Commonwealth Attorney Brent
spoke for an hour and quarter, during
which time he wildly painted the case
against Burnett and analysed all the
evidence. He urged that the whisky
WAS found upon premises under the con-
troll of the accused and it was incumbent
upon him to explain the fact.
Mr.. Brent was followed by Mr.. L. w.
Machen for the defense. He, too, made
close examination of the evidence and
surroundings of the case, and appealed
earnestly to the jury on behalf of his
client.
Mr.. r. L. Moncure subsequently spoke
in behalf of the prisoner. He recapitula-
ted the case from his standpoint and went
into many details in controverting the
evidence procured by the commonwealth.
Mr.. Brent, closed in short address
to the jury, most of bis remarks being in
answer to allegations made by counsel for
the defense.
About this time an alarm of fire was
sounded and large percentage of the
spectators was about to stampede out OF
the room. Judge Barley ordered the
Sergeant to lock the door aud allow 70
one to enter or depart.
At half-past len o'clock the case was
given to the jury.
The jury at late hour returned into
court and reported that they were un-
able to agree whereupon they were adj
journed until $3.50 this morning. When
the jury reassembled they were appar-
emily as far from being unit as ever, and
shortly before noon they repaired to
upper Duke street and again inspected
Burnetts premises. Upon their return
they further deliberated, after which
there was a recess frOnl 40 to 3 o'clock
this afternoon.
At APO the jury again returned into
court and reported that they were un-
able to agree. The jury was then dis.
charged, another trial will be had.
Joseph Horseman, also charged with
stealing the whisky, was released until
the next term of court.