Statewide County AZ Archives Obituaries.....Burns, Mrs. Joseph 1901
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/az/azfiles.html
************************************************

File contributed for use in USGenWeb Archives by:
Elizabeth Burns burns@asu.edu and D. Joshua Taylor http://www.genrecords.net/emailregistry/vols/00006.html#0001358 July 4, 2005, 6:28 pm

Arizona Republican-February 8, 1901
Another killing was done at Yuma yesterday of which the 
only facts known are that a man had murdered a woman and 
that it must have occurred late in the day and the county 
jail was not deemed strong enough to save the murderer from 
the indignation of the citizens.

A telegram was received by governor Murphy last night from 
Sheriff Guy Livingston of Yuma County, asking the governor 
to warrant the commitment of the prisoner to the territorial
prison for safe keeping.  The requested instruction was 
forwarded to Superintendent Brown.

An effort was made by the Republican to get details of the 
tragedy, but on account of the disordered condition of the 
wires late last night communication with Yuma could not be 
established.  This is the second atrocious murder there 
within less than two months.  

Killing of Mrs. Burns
February 9, 1901

Mrs. Joseph Burns was shot and killed in a dispute over a 
piece of land about fifteen miles southwest of Yuma 
yesterday.  The Burns family has been occupying the land 
for the past seven years but various complications in 
title had prevented them making entry on it by reason of 
a relinquishment from parties claiming title.  A man 
named Miller made a homestead filing on the land and was 
endeavoring to take possession of it when Mrs. Burns was 
killed.

It is almost impossible to get at the truth of the story 
of the killing, but from what can be learned a constable 
by the name of Marion Alexander accompanied by two other 
men went to the Burns home while Burns was absent attending 
to business in Yuma, and attempted to drive stock from the 
place for the purpose of impounding it.  Mrs. Burns 
undertook to prevent it being interfered with and during 
the controversy Alexander killed her by shooting her 
with a load of buckshot.

A coroner's jury found that she had come to her death at the 
hands of Alexander "under circumstances not entirely 
excusable" but under mitigating circumstances.  By many 
the killing was considered to be an unjustifiable murder.  
Alexander surrendered himself to the authorities and to 
save him from a threatened lynching, he was placed in the 
territorial prison for safe keeping.

Mrs. Burns is a sister of Frank King, formerly a newspaper 
man of Phoenix and Nogales and she was a very highly 
respected lady.  Her death is deeply deplored.

The Yuma Tragedy
February 10, 1901

Frank M. King, the cattle broker, this morning received 
word of a terrible tragedy which was enacted near Yuma 
yesterday morning.  

Mr. King's sister, Mrs. Joe Burns was shot twice in the 
breast by Constable Alexander and she died instantly.  
Parties who came up from Yuma today say that Alexander 
went out to the farm where Mr. and Mrs. Burns live, which 
is twelve miles west of Yuma, to serve papers ousting them 
from the land.

Mrs. Burns was in the field with her children and unarmed.  
As the constable approached he engaged her in conversation 
but what was said is not known.  The constable pulled his 
gun and fired twice at Mrs. Burns and her dead body fell 
at the feet of her children.

It appears that the constable had made a previous trip to 
the farm to serve the papers, when Mr. Burns was not at 
home, but Mrs. Burns drove him off with a Winchester.  
He was accompanied to the house on the second trip by 
Frank Miller and Jim Fayne, who were present during the 
shooting.

All three men went back to Yuma and gave themselves up at 
the territorial prison.  Mr. King will probably go to Yuma 
tonight and as he holds Miller and Fayne as responsible as 
well as Alexander for his sister's death, there is liable 
to be trouble if Miller and Fayne are liberated.

Mrs. Burns has a sister here, Mrs. Powell, a sister at 
Tombstone, Mrs. M.C. Benton and Frank King, her brother, 
who resides in Tucson.

February 13, 1901

Mulford winsor, assistant chief clerk of the assembly, who 
returned from Yuma yesterday morning says that nothing more 
is known there than in Phoneix about the killing of Mrs. Burns 
by Constable Alexander last Thursday.  Alexander is in the 
penetentiary for safe keeping, and Miller and Fayne, who
were with im at the time of the tragedy are detained in the 
county jail.

None of them has done any talking except to say that Mrs. 
Burns was not armed at the time of the shooting, though the 
day before she had bluffed Alexander with a winchester.  
Alexander's reputation in Yuma had been very good until 
now so that it is the general opinion that he got rattled 
and did not know what he was doing.

Miller is also a man of good reputation.  Some of Mrs. Burns' 
relatives are inclined to hold him responsible for the 
killing, but her father, Mr. King, though heart-broken 
over the death of his daughter, sent word to Mrs. Miller 
the other day that he had no feeling against her husband 
and did not regard him was being in any way resonsible 
for the shooting.  He added that he hoped nobody would 
get excited.  He intends to prosectue Alexander 
vigorously.  The course of Mr. King has occasioned a 
great deal of surprise.  Though a good citizen, he has 
been known to be a dangerous man when roused.

The land over which the fatal dispute arose, belonged to 
Mr. Powell, a brother-in-law of the murdered woman and 
she and her husband had occupied it for some time.  
Miller had lately made a deal with Powell for possession 
of it and it put him in the position that the constable 
had accompanied him to it.

File at: http://files.usgwarchives.net/az/statewide/obits/b/burns107gob.txt

This file has been created by a form at http://www.genrecords.org/azfiles/

File size: 6.1 Kb