| Show BURNS OF MURDER OF F FISK Final Arguments Were M Made Yesterday A Afternoon Hernoon b by Judge Thurman i i i DEFENDANT LAST WITNESS Declared Fisk 0 Drew rew Gun a and He Shot to Save His J Own Life O i H M rl- rl t to Q Mantl Manti Oct ii 11 12 30 o'clock r a. a m. m After SIL-After After being out six Ix hours t. the jury in the case caRe of the State f 4 o of Utah a against Archie Burns returned returned re- re ref f ff f turned a verdict of not guilty at 4 1 12 o'clock tonight The bal- bal lot t lot stood eight for acquittal antI and andt t four tour for fOI Involuntary f ter The seventh se ballot resulted f fIn In a verdict of oC not guilty follow follow- f fIng Ing lug a n. long discussion In which f 4 the minority standing out for inVoluntary In- In f voluntary manslaughter was r-on r on t tf f ove over f fH Q C H i H- H HH i- i H- H HM M t 4 M t M M MO O Republican Special Service Mantl Oct The 10 The evidence e is allin all allin in ils in the Burns case and arid this mor mornin morn morn- in lug ins the defense made the final arg argument I ment for the acquittal of or the defendant defend ant and the case was submitted to ti tho jury jur this afternoon The flue state rested night before In Inand last an and the defense defens immediately put I its first witness on the thc stand He lie was an anold old man nan by the thc name oC of John W. W who ho declared he was In ti the pool 1001 room talking to the defendant when Fisk came to the tho thedoor door and d di directed di- di d to the defendant the opprobrious opprobrious bus br-bus epithets that have havo been heretofore hers here testified to by other witnesses lIe He asserted he lie saw Fisk make a zno move mo ward toward his hi hip pocket just before Burns sprung and antI grabbed him hint Th Th-i witness has for years yeal's been a heavy drinker It was ascertained and h his mind seems scorns affected and in tho ho cross cross- examination his story of the thc eves event ent was somewhat shaken The defense then called several oth oth- pr witnesses es who testified to ha haIn ha In In- heard Fisk threaten to I kill m the defendant on several occasions prior to the shooting This was done fo for forthe the purpose of or justifying Burns Ii In buying tho the gun Sun and going armed Th There re seems to be no difficulty in eStablishing es establishing eS- eS th the tho fact act that there was ba bad blood between the defendant and the tho deceased and that the latter had hac threatened many times to kill 1111 Burns Court Room Boom Crowded CIO The court room was crowded yesterday yesterday yes yes- cs teda when It became known that the defendant was vas to be called to the stand as a witness In his own defense When his name was called he calmly took his place in the thea witness chair and faced the jury jUr for the final ordeal or ordeal or- or deal deat of the trial To all aU appearances appear he was as perfectly th collected collect d maintain maintain- the same sarno unruffled demeanor that lug Ing i has has characterized his actions through throughout I I. I out out the trIaL He ITO gave Ea his name namo as us Archibald A A- hums 24 years old Ho He stated that he was born on a ranch near ML Mt Pleasant and lias lived thoro and at nt I I Mantl all nil his Ufo life Ho He wa married about two years rears atm air r.-o r. and nud has lias one olio child w a year old H II HA tI hI I ov over t wilt with I hat C. C fr m the time of tho the fight PaLm aim Fisk In the U f saloon s in I hIm n out o or the Uio I drove hen b-hen henho tho ho hott tt latter r of ot o. o sun Run ho lio nail had out nt ti- ti tho s point r bron been f nom what in tear fear ot or tho the man n and nd that In order to protect himself In case o of necessity he bou bought ht a re re- re volver olver s Several vernl times when he passed passe t the ranc Fisk on the roa road between the latter looked u at I and Mt Pleasant he de tIe- him viciously him and an eyed ed he had heard hear o lI othe what dared From t deceased decease shooting at an and assault assault- thc the with iti chairs billiard Ing In other men said cues cu cue and six shooters d defendant him to be a dangerous lie he 1 ed enemy Tells of Shooting detailed the thc shooting giving It ItI lIe He the witnesses of ot the time state as I practically that ho said he ho to except testified Fisk draw his gun from his right saw v hip pocket with his right hand before I he lunged and grabbed the thc deceased with Fisk Fisl by tho the right arm He Ho his grabbed left hand and pushed him hackward backward backward back back- ward through the thc swinging doors Into before he drew his own the barroom the struggle Fisk gun gull un During into his left hand changed ed his gun and then Burns began firing without as ashe ashe He fired ired three shots taking aim air before Fisk fell feU and remembers remember r he he made for the front door As then tho floor ho he saw ho passed Fisk on in his left eft hand raise his gun him and thinking that he was still In danger danger danger dan dan- and then moro more shots fired two he ger recollection His door the went out clear cleal as ns to the details of what Is not noi he hc reached the side side- sl e- e happened after into a saloon near stear went Ho He walk where the thc killing too took place the j I one Ho d that he was bleeding Iee ns ann uit shoulder rl ht wound In the right from a 11 shot that lie ho bad been und nud thinking to the tIse doctors doctor's office to went up S i he hc wound dressed have the defendant ma made e a good witness The Thc was not shak shaken n nIn Ills story himself for tor cross b by tIme the In the least confused did he appear u 1 no time Ume degree an and he gave ga to the tho slightest In a clear distinct voice olce his 15 answers E Xo No u liitt JU thu his testimony of At the the taking ended so far ar as case was concerned the delease defense de- de of oC evidence was witnesses and having no mote lease havIng havins no flO rebuttal the tate state Attorney F. F E. E Woods made District address addres for r the state the opening afternoon He I yesterday speaking all ver- ver would ask a k for or a said M th e state diet of oC murder in the thc first degree on the evidence that had been introduced the tho defendants defendant's own and that under assuming that It Is true testimony guilty of at least voluntary he ho was manslaughter He Ho explained to tho the the nature of murder In the first jury what is la Included In the and de degree ree summed up the evidence evi charge and then which he claims shows the es essential es- es i- i dence elements clements of ot mallco malice and deliberation atlon Jacob Johnson for tOl the tho defense defense de tie- Judge this made tho the first argument morning anti and was followed by ho Judge this afternoon Judge rill William lam II H. King made the closing argument Thurman for the state and the time case was as submitted submitted sub sub- to the jury this evening |
