9/1/2005:
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 – already 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 to him prior to abruptly moving to Canada. It appears his neighbors didn’t believe it.
When a corpse was found floating in the Missouri River, officials felt it had to be the remains of Henry Sexse. When the victim was found to have been shot before being thrown into the water, the blame was laid on Sam Burns.
Then, another dead body was found. This one was deep in a ravine near Sexse’s homestead and was determined to have been killed by blows to the head. His skull was crushed, and his jaw was shattered.
On September 1st, the Bismarck Tribune reported, “Developments made public indicate that both Carl Radintz of Minneapolis and Henry Sexse, McKenzie county homesteader, were both murder victims.”
It was one of those good news/bad news moments for the accused. Officials now thought the first victim was probably killed in Mondak – but not by Sam Burns.
The story read, “S. A. Burns, charged with murdering Henry Sexse...had 15 minutes freedom ‘between arrests’ as a result of his objection to trial on the charge made by the McKenzie county authorities... Burns was arrested charged with the murder of Sexse, such charge being based on the finding of a body, which was later identified as the remains of another man...
“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 fifteen] 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. Burns’ attorney, D. C. Greenleaf, asked each prospective juror, “If you should decide that the defendant is guilty, are you willing to consider the life imprisonment feature and not go into the box and consider only the death penalty?” Only those who were willing to consider life in prison were chosen.
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, as his attorney hoped.
Now, we jump forward to 1935. 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. He was a homesteader near Schafer, married and with five small children. He was tried in Ward County in December 1914, and evidence showed he had slain H. Sexse, his neighbor, in May [and] stolen his watch, which he later pawned, and had obtained possession of Sexse’s property by means of a forged deed.”
Sources:
The Bismarck Tribune. 2 Sep 1914; 29 Oct 1914; 19 Nov 1914; 5 Dec 1914; 7 Aug 1935.
Dakota Datebook written by Merry Helm