Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-10-07
Judge Chidester and Jury Inves-
tigating the Staying Of
James F. Jensen.
STATEMENT OF PROSECUTION
state Elideavoring to Show That
Homicide Was premcditated MUIR
dcr-Irirst witness Called.
Special Correspondents.

SPECIAL Correspondence.
Manti, Sanpete Co.. Oct 5--Much in
terest centers in the Burns murder trial
which began before Judge Chdestor
and q jury this afternoon. The case
grows out of the killing last March OF
james F. Jensen, prominent stock
man Of north Sanpete in his saloon
at Mount Pleasant, by Archibald A.
Buns.
The jurymen selected TO sit on the
case are Lewis Lund Peter Lund, c. ].
Christensen, A. r.. Alfred, James H.
Hansen, Ole Larsen, Jr., Peter Nor
tensen, Andrew Christensen, Peter Mad
sen Jr Lars J. Anderson. Conner -
I.lewellyii, Nephi Anderson.
Tie attorneys for the defense are j.
w Giierry. Jacub Johnson and William
H. KING. attorneys for the prosecution
ylra County Atty. Lewis Larsen, Dist.
Atty. Woods and S. II. Thurman
sitting near the defendant are his
wife and baby, mother, sister and
brother. Milton.
Mrs. James r. Jensen, in company
with lady friends was sitting near The
attorneys for the prosecution. The
court room was nearly full when the
ease was called at 2:30.
County Clerk O. d. Eiason read the
charge against Archibald Burns,
that of killing James f. Jensen, conf
monty. called Jim Fish, on March q,
1905.
County Atty. Larsen in his opening
address to the jury outlined the case
for the state, which will endeavor IL
show that the Staying of Jensen was
a I,remedtated murder The trouble
between the two men, the prosecution
stated. began when the defendant
Burns thrashed u nephew in the abs
sence of the latter's father, Francis
Jensen. Deceased entered complaint
against Burns for the assault, and
strained relations ensued. Later, in the.
saloon of Jim Fisk. defendant made an
assault upon deceased, who drew a pis-
tol but did not make use of it, Tie
trouble continued until II culminaten
il, the murder.
After the state had outlined its case,
the Witnesses were sworn and all ex-
cused with an injunction from the
Judge to have no communication with
each other as to the case.
H. p Jensen was the first witness
He testified that he had lived in Mt
| Pleasant off and on for 50 years; knew
Jim Fisk saloon. that ii was named
aftar James r. Jensen commonly called
Jim Fisk. He was also acquainted
with Burns; was bartender at the time
of the tragedy; had known Jim Fisk
| for 40 years On the 2lst Of March
| witness was iii the saloon with Jos.
| Monsen, Peter Sorenson and A. b. Wal
| derman, witness stated that he had
| seen Archibald Burns about o'clock,
| said he went in and out three or four
! times; defendant Went into pool room,
| where he remained quiet u While play
| ing pool with Christensen, and also
! drinking With him. AS he drank he
| stood near Jim Fisk but used left
hand in handling the glass and held
| right hand in overcoat pocket.
AS defendant came in the last time,
| he pulled faces at deceased who said,
INN 80 ,,,x
stand for In a few seconds, Jim FISK
passed through bar room to folding
doors between the latter and the pool
room, and placing bis hands one on
each door, opened them and said to
Burns: What are you bounding me
for, YOU tusing a vile epithatl
what are you following me around
he finished the sentence Burns came to.
door and grabbed Jensen by right arm,
10th going through door with the
hand of deceased held against his
breast. Two shots were fired before
witness saw gun of defendant. De
around him shot twice. Deceased
turned on one shoulder and drew his
gun and fred a shot over his face and
shoulder the bullet entering floor
about two feet from his head.
AT this stage of the testimony the
defense objected to several questions
of prosecution, which We're oVerruled
and exceptions taken. Judge King then
took witness in hand in a severe cross
examination, bringing out the fact that
the deceased had been drinking and
was full Witness further testified
that he did not hear Burns say. Leave
me alone, Jim, | don't want any trou
Bile" The witness testified that he
did not see Francis Jensen stab Burns
in back and stated that the transaction
with Peter FrantZen would not hinder
him from seeing the tragedy because it
happened before the shooting,
At o'clock Fl. p. Jensen was still
on the witness stand. having been there
since O'Clock. A recess was taken
until $50 Tuesday morning.