People v. Burns
| Decision Date | 10 November 1887 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. BURNS. |
Appeal from recorder's court of Detroit; GEORGE S. SWIFT, Judge.
Information against William Burns, alias Walter Young, for breaking and entering the store of one Alderman in Detroit, Wayne county Michigan, about 11 P.M., November 2, 1884, and stealing therefrom 30 dozen pairs of suspenders valued at $260, and belonging to Alderman. There was a presidential election in November, 1884. The trial occurred September 17, 1885. The evidence in the case was as follows: The evidence for the prosecution tended to show that, between 6 P.M. on Saturday November 1, 1884, and 11:30 P.M. on Sunday, November 2, 1884 some one had committed the breaking and entry charged, and that, in addition to the suspenders, three sample cases, into which the stolen suspenders were evidently put, were taken the total value of the stolen property being about $280. The store had been entered by breaking the glass in a back door and had been closed and fastened between 5:30 P.M. and 6 P.M. of November 1, 1884. About 15 dozen pairs of suspenders were afterwards taken from one Anspach, and from persons to whom he had sold them, and these suspenders were identified by prosecuting witnesses as part of those stolen. Alderman was a prosecuting witness, and identified one particular pair by the way the stitching was done, and the quality and manner of the work. One McDonnell, a detective and a prosecuting witness, testified that he knew defendant many years, as William Burns, and with another detective met him in the company of one Stone on October 25, 1884, and then stood and talked with them; that in November, 1884, he and another detective saw defendant half a block distant, and defendant, seeing them, turned and ran, and witness and companion ran after him, but couldn't catch him; that witness and two others arrested defendant asleep in bed, with his door locked, in a house of ill fame, and defendant resisted all he could, and had a revolver under his pillow; that at that time defendant said nothing, but afterwards asked what it was for, and that afterwards witness told defendant that there was a warrant out for him in this case; that witness arrested Stone on November 5, 1884, and found on him goods stolen from the store of one Mabley, and $50.25 in money, and a pair of new suspenders. These suspenders had been used in evidence on the trial of Stone, hereinafter mentioned. Witness also testified to arresting one Commeau on election night, and found a pair of suspenders, which he identified, and which the witness Alderman had identified as part of the stolen property, and that, on the morning after arresting defendant, he got from Charles Gannon's house, 58 Brewster street, a pair of pants, and produced them, and testified that they were in the same condition as when he got them, including the name Walter Young on the watch pocket. The evidence for the prosecution further tended to show that, in October before the Alderman burglary, defendant and Stone rented together a bedroom at the house 134 Larned street, and said that they would take it for all winter; that Stone there claimed that he was engaged in selling silverware, and his partner in selling cigars. The evidence also tended to show that on November 1, 1884, Commeau was introduced by Stone, and rented another bedroom in the same house; that one O'Leary came to share Commeau's room the next morning; that neither defendant, Stone, Commeau, nor O'Leary occupied their rooms on the night of November 2d. One prosecuting witness testified that defendant left the house about 6 P.M. of November 2d, and that Stone, Commeau, and O'Leary left together about 7:30 P.M. The evidence further tended to show that all four of them were in the house on Monday, November 3d; that Stone and O'Leary came in about 8 A.M., and defendant alone soon after, and that defendant afterwards asked to have some mud on the floor of his room removed; that on the next Wednesday Stone offered suspenders for sale to Anspach, and that Anspach started with Stone and defendant for the house on Larned street, and on the way were joined by defendant; that Stone called defendant his partner, and defendant talked about selling the suspenders, and said they were at the depot. Defendant told Stone to take Anspach to their room, and wait for him. Defendant returned to the room with samples of the stolen suspenders, and the stolen suspenders were sold by these samples to Anspach for $50. Stone delivered them at Anspach's side door the same afternoon, and got the money. The evidence further tended to show that O'Leary was seen by a private watchman about 10:30 P.M., November 2d, walking up and down about half a block from Alderman's store. About 11:30 P.M. the watchman heard glass breaking, and in a minute or two found Alderman's back door open, and the glass broken out of it, and the back gate open, though he had found it shut half an hour before, but saw no burglars. Hattie Gannon,...
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