The news on this date in 1914 was that S. A. Burns was being charged with the murder of a McKenzie County homesteader who had been missing from his ranch near Schafer for four months. The odd thing was that Burns was already in jail – charged with the same murder.
Months earlier, Burns produced a deed to Henry Sexse’s land and told people his neighbor had signed over his land prior to abruptly moving to Canada. It appears people didn’t believe it, and when a corpse was found floating in the Missouri River, officials felt it had to be the remains of Henry Sexse. When it was determined that victim had been shot, the blame was laid on Sam Burns, who was also alleged to have sold some personal articles belonging to Sexse.
But then another dead body was found. This one was deep in a ravine near Sexse’s homestead. The skull was crushed, and the jaw was shattered.
Officials now thought the victim in the river was actually killed in Mondak – and not by Sam Burns. The Bismarck Tribune said, “S. A. Burns, charged with murdering Henry Sexse…had 15 minutes freedom between arrests … the defendant made the point that he couldn’t be tried for the charge based on the first find, and that charge was dismissed. [But] minutes later Burns was again in custody on the new murder charge.”
The evidence against Burns was largely circumstantial. Of primary concern was the state’s determination that Sexse’s signature on the deed was forged.
The case drew so much attention that Burns asked for a change of venue, and the trial was moved from Williston to Minot. Judge K. E. Leighton tried the case before a capacity crowd. At least 45 witnesses testified. In the end, Burns was found guilty and given life.
Now, we jump forward to 1935, when the Bismarck Tribune reported, “A sentence of life imprisonment was commuted to 21 years with the pardon of Sam Burns, whose crime startled the state two decades ago.”
Dakota Datebook written by Merry Helm
Sources:
The Bismarck Tribune. 2 Sep 1914; 29 Oct 1914; 19 Nov 1914; 5 Dec 1914; 7 Aug 1935.
