Burns, James

An investigation is being conducted by county officials into the death of James Burns, 42, who was shot and killed by Deputy Constable Dan Davis, Sunday night at his home in Riceville, two and one half miles northwest of Galena Kansas. Sheriff William Harvey, county attorney Leo Armstrong and Coroner J. S. McAuley of Columbus Kansas, came and conducted a probe into the killing. McAuley announced that an inquest over the body will be held at 1 o'clock Wednesday afternoon in the district court room at the city building. Davis was placed in the city jail, was released Monday, and later taken into custody again and taken to the county jail at Columbus, where he probably will be held until after the inquest. The shooting has created unusual interest, because of Burns' wide acquaintance, gained through his long residence in Riceville. He was a hard rock lead and zinc miner. Deputy Sheriff Joe Powell, Davis Link and Fred Link who had been deputized had gone to Burns' home with a warrant, to search the place for liquor. Burns was asleep when the officers arrived. Entering the house through a rear door and going to the room in which he was sleeping, the officers placed Burns under arrest. Mrs. Burns, it is alleged, left the room and followed by Powell, who caught her in the act of emptying a quantity of whiskey from a bottle. Following Burns' arrest, according to Powell, the officers had consented to leave him at home until morning because of the delicate condition of his wife. Leaving the house, the officers assert that when they neared the gate at the road, Burns was seen at the front door of his home with a revolver drawn. Davis, who was nearer the gate than any of the others, according to the officers' story, immediately drew and fired a shot that killed Burns. The bullet entered Burns' left breast near the shoulder, passing through his heart and lodging in his back beneath the right shoulder blade. According to Mrs. Burns, her husband died instantly and without speaking.