| Show HE ALMOST PLEADS PLEAD'S GUlL F MURDER H S GUILT r Burns Accused of Killing F Feared Criminal Record Would Influence t 1 J Jurymen 0 t c I I swear before God that I have never shed the tho blood of any man I did not kill Sander- Sander cock nor did I have anything to do with the killing in any anyway way This This' i id is the declaration made yesterday afternoon by Robert S. S Burns to Assistant District Attorney F. F L. L Farnsworth Farns- Farns I arnsworth arns- arns worth in the Courtroom of Judge Judger M. M r L. L Ritchie of the Third district district district dis dis- dis- dis court Burns urns charged with the murder murder murder mur mur- der of at Garfield November 21 1911 and after fighting extradition from Colorado Colorado Colo Cob rado for two weeks was to Salt Lake Friday afternoon I Saturday morning he was taken taken taken tak tak- en before L. L R. R Martineau Jr Justice of the peace peace where he waived salved preliminary hearing on a charge of murder in the first degree with the understanding ing that the state would accept a plea of guilty of voluntary manslaughter It was then arranged that the necessary Information should be prepared by the district attorney Burns brought before the district court where re he would plead guilty I to voluntary manslaughter when sentence would be passed upon him The maximum sentence under such a charge in this state Is ten years Such procedure would have established established established a record for Utah In first degree degree de do- gree murder cases preliminary cases preliminary hearing hear hear- ing trial and passing of sentence within a period of twenty four hours I I am not guilty of the crime I am charged with I 1 have a a. bad record i iback back of me for I 1 have broken the laws Jaws and have been In jail and in penitentiaries a number o times This is what worries me I 1 am afraid it will go against me ne in this case if I Island trial stand trial on a first degree degre murder ch charge rge There was deepest perplexity perplex perplex- ity on Burns' Burns countenance as he s said ld this to Assistant District Attorney Farnsworth You understand Mr Burns even eyen you though did not commit th the mur mur murder der yourself if you In any way planned It suggested it or assisted in any way you are guilty of mur mar der Burns replied that this had been explained d to him and again he reiterated reiterated reiter reiter- that he had nothing to do with the murder The first I heard he-ard of It it was in February 1912 he said It was at that time that McVey said to have been associated with Burns wa was waS' sentenced to the state penitentiary penitentiary penitentiary for life for the killing of San San- il worth further explained to toI Burns that in event eve he did not plead I guilty to voluntary manslaughter he must face the original charge of first degree murder However said the assistant district attorney take time timeto I to consider r It It If you are not guilty or 1 of either plead not nol guilty Tn st st- st must prove Its case P ler Personal t 1 t would never consent to to toan an any one rie ne pleading guilty to a crime that h says he r. r never ver commuted For at least quarter one r of o n an hour Burns' Burns face tace was a oas as as he be gi a The subject consideration As ohe w watch t hd him one could not help b lAit lt t be Impressed with the thought that his past record was going through his mind Even Kven though he he might not b be guilty guilt would this record t l against him Might the pros prosecution so impress the Jury that on f tf first degree murder charge be he be ba found guilty and his life lICe be the for fo felt Might It not be be better for or him to to plead ad guilty to manslaughter take tae the maximum sentence of ten years and with good time be e free again In tn about eight years or perhaps li 11 less S Might dight It not be possible that while In prison evidence would be gathered to show that he was innocent of f tip crime with which he ait ana and that friends and members TS of his tiis family tam fam ily 11 would see sel th that t he was wasp p What should he le do Take TaKo the chance of ot being acquitted of first d degree degree de de- gree murder t an and 1 not going to l penitentiary at all being convicted and sent up for life liCE or shot or avail aval himself of the manslaughter 14 save his neck and serve se-noe a few years yeara And then the freed freedom orO once more After about a quarter of hour an had elapsed Farnsworth arnsworth said Burns have you jou OU made malls up your our 11 mind what you vou wish t to w do do I believe I would like o to 0 see an en attorney was the quiet reply By all an means see e one 0 Goback ja Go jaback back to Jail see your attorney aHorner and l' see what Is for the best said the as district attorney The Th stat I of Utah wants to give ex every ery cry man mali ft R square deal I dont don't think you jou look like a a mart marl who would rope an anyone one in and Burns Durns looked Farnsworth and squarely In the eye I had nothing nothing noth noth- i ing to do with the murder and I again repeat pEat It Burns who was as at once returned to the county j Jail ll Il will communicate with his relatives s In Colorado and undoubtedly he will be furnished I with competent tent legal egal counsel He said t Co 6 Ii a TELEGRAM r My record Is what gets els my goat 1 I had nothing more to do with that murder than you The st I time I 1 saw McVey was tn April In-April 1311 1911 He and I 1 were wera prisoners In Carson In-Carson Carson City He lIe was In for tor nin years ears for safe sate blowing I was In for two years r for highway robbery He lie did not got gt t tout out I believe until Novem November er ll nu l lI i. i I was rEI released s d fr in April I r worked in In June and July of for tor I P. J J J. Moran the contractor or JL I am a stonemason by trade and ti have ve carried apprentice and union cards When that murder was committed committed committed commit commit- I ted te-d I was at my h me In Colorado and can prove it I 1 admit that I have hav I broken the laws and have but bu UIt U It cannot be honestly hone proven pro that I EVEr took human life |
