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Show BURNS MUMDtRCASE NEillGJE END Defendant Placed on the Stand to Tell His Owir Story of Tragedy. BOTH SIDES REST AND ARGUMENTS ARE BEGUN "Widow of Murdered Man Cries in Courtroom; Gist of the Testimony. Speclnl to The Tribune. MANTI, Oct. 10. The taking of testimony tes-timony in tho Burns murder trial was concluded yesterday, much earlier than had been expected. Thursday morning the stnto called Richard Whitaker aud S. D. Longsdorf, who testified further regarding the gunplay gun-play in the old "Jim Fisk" saloon, when Jensen drow a gun on Burns after Burns had accosted Jenaou in a manner which was described as an assault on the part of Burns. The state then called a number of witnesses who testified that Burns apparently had followed Jensen Jen-sen about tho town on the afternoon of the homicide. The witnesses stated that Burns seemed agitated during the afternoon. after-noon. Burns wore a heavy overcoat, which he did not remove during the en-tiro en-tiro afternoou. It was shown that Burns kept his hands in his pvorcoat pocket almost constantly; that in entering enter-ing the saloon just prior to tho trouble he edged his way through tho door without removing his hands from his pocket. Tho testimony showed that he carried a revolver in his right overcoat over-coat pocket. The stato then rested. Dr. A. J. Stewart, for the defense, testified that shortly after tho homicide ho dressed a wound in defendant's shoulder, which, ho stated, had the appearance ap-pearance of having been made by a penknife. pen-knife. Tho wound, according to the witness, was an inch deep and three-eighths three-eighths of an inch wide. Defendant on Stand. The defendant then took the stand in his own behalf. Ho staled that on a number of occasions prior to the trouble ho had met Jensen ou the road between his homo nnd tho town and at different places, and that Jensen had watched him iulontly and his countenance was such as to excite his fears that Jensen would harm him. TIo testified that Jensen's Jen-sen's threats had been communicated to him by a number of persons, whom he namccf. Ho said that ho purchased a revolver for his protection. He knew that Jensen carried a revolver. Ho denied de-nied having followed the- deceased about town the day of tho killing. To meet tho state's theory that ho was the aggressor ag-gressor in the gun play which took placo in November, witness stated that on that occasion ho, with other parties, was playing pool iu tho old "Jim Fisk'' saloon "when Jonscn invited tho other participants in the game to drink with him, and that ho followed tho others into the bar room, stepped up to Jonsen, slapped him on tho shoulder, and askod, "Jim, what have I ever douo to you that you should treat mo this way?" He said that Jensen whipped out his gun, saying: "You can lick a couplo of women and childrc'n, but you can't lick me." and had ho not crouched behind be-hind Richard Whitnkcr, who was endeavoring en-deavoring to separate the two men and avert a shooting, thus using Whitaker as a shield whilo ho backed out through the door into the pool room and out of the saloon, ho believed that Jensen would have killed him on that occasion. His testimony on direct examination convoyed tho impression that ho was chagrined at Jensen's excluding him in the invitation to drink. On cross examination ex-amination ho admittod that he was angry when he accosted Jensen and that his manner of speaking was such as to warrant such a belief on tho part of Jensen, and that he approachod Jensen knowing that rolations between tho two men were strained aud had been for some time. Day of Homicide. Coming down to the day of the homicide. homi-cide. Burns related the circumstances of the altercation which resulted in Jensen's Jen-sen's death, without any grvit deviation devia-tion from the story told by the stale's witnesses, except that ho statod that instead of Jensen holding tho swinging doors open with both hands, tho loft door only was opened, and that upon speaking to him in the manner related by tho witnesses Jensen put his right hand to his hip pocket and drev a revolver, re-volver, but before it fotil l be raised hi grasped Jensen's right wrist and held him thus while he drew his revoher from his right ovorco'tt pockot. shoved Jensen through tho doors and fired two Hi. v shots. In explanation of tho shots fired 9f after deceased had fallen, he stated that fla1 Jensen attempted to firo at him after S; ho had fallen and ho believed that ho ' JH had not seriously injured Jensen, the shots boing fired in defenso of liis own j 9ucstioncd by Mr. King as to tho jar knife wound inflicted in his shoulder, wt tho defendant said that ho did not ro- ai alizc that he had been wounded .until JkJ; after the shooting. Ho felt tho blood :tflt' trickling down his back. The only evi- jjV dence that ho received tho wound dur- rijB ing tho altorcation was his statcmont that he "felt something against his al' shoulder" ns ho camo through the doom . B and ho thought it was Francis Jensen, IV though ho did not thon realize that it sM was a stab. The state's theory of this -S feature of tho case is that this was iw'i a self-inflicted wound. No evidenco 4 was offered to this effect, but it is un- rM derstood the state will argue that as m tho only plausible explanation for tho' .SB wound. I Tho defendant's wifo and Charles ', tw Fowles were placed on the stand to cor- f $M' roborato the defendant's testimony as -JM ' M to his purposo in coming to town and I 'Smi his frequent visits to tho Jim Fisk sa- t vm loon. There had been somo negotiations 4m. between defendant and Fowles with rof- erenco lo tho lattcr's employment by igaf tho defendant. The negotiations had nf , not been completed and defendant was j flR searching for Fowles when ho visited j "4 ; tho saloon tho last time. j ifoU ' Defenso Rests. , j With this testimony the defense rest- j .Mi cd, leaving Burns 'a fate hanging almost i ra entirely on his own testimony, in most t 'JjM respects uncorroborated, with an arry K. J j of practically all the witnesses to tho Jlj tragedy against him. Tho testimony of ' Sji the only eye witness ot tho tragedy ij! who testified favorably to tho dotend- . $11 1 ant had boon greatly woakeued, if not j ym - totally destroyed, by reason of contra- gj"' dictory statements. t ' M F. E. Woods, the district attorney, jl , argued an hour and a half on the part JM ' of tho stale. Mr. Woods placed tho state's case before the jury in a forci- bio manner, and his tragic detailing of 3M the killing of Jensen brought forth tho 1 !, handkerchiefs of many onlookers, who packed tho littlo court room, and whoso ; 1 m interest was intense. The deceased's Jk wifo wept almost constantly during tho 4j . argument, and when Mr. Woods dc- , " scribed tho dying efforts of tjio dc- 5 j ceased to defend himself sho hroko j '1' down completely and sobbed audibly. tb- j Tho defendant's wife and mother stood t jt tho ordeal well. They listeded to Mr.' 1 Woods's detailing of tho tragedy with ft V heads hung but with les3 emotion that j would bo expected. 1 ' iy' ' There are things back of the strained ! i ' relations between tho defendant and tho1 t deceased which were only hinted atj ' , during tho trial of tho case. At ono; ; . time the crosscxamination bordered on -j tho sensational, and it looked as though ' the state purposed going into relations ) which it is said existed between tho ; y. defendant and iho wife of ono of tho' j y important witnesses for tho stato and; ' a relative of tho deceased. The de-i fendnnt's attorneys were on the alert, and question after question was object- 1 ' . ed to. Although the court overruled i 1 , the objections tho matter was dropped1 jrf without bringing to light features which1 f ? T might have proved highly sensational,; and which undoubtedly would havo pro- ; ' longed the trial indefinitely. t ' ! , Upon opening court this morning, Mr. j ' ; King began his argument on behalf of, . t the defendant. Judgo Thurman will' '' make tho closing argument for the state-.j I . . The caso will go to tho jury this after-1 ( ' ) noon. ; w i |
