The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-02

dow in chair and vsst to sleep having bee. up
q: the ',sss before; q: I,l:r came .ad trisd !:
Mr.. and Mrs F,lsr wanted to play game OF cards
with them; he ia the room When vest ia, AMI
too sisspy 70 play cards. and they both sails ssd
better come sonx and play; few minutes after ~sat
o. 70 We plays. o1q o. the gam:
about o'clock; MIRA psIer and did unosrstsnd
ss h.s soo. sesf ~. 70
and to bed leaving Fyler and wife ID tbs sitting.
room; ,bs was taking candle from the mantle psss.
s.n D., bo. left the door, but was in tbs habit ct
.i,h M. ~ ard noshing until F,lsrs tis boy woke me
mn cryipg he In the eli ting room; get up heard
nothing said before got mp; vent to the bec 40
saw F,er In the strg ROOM one else asked him
what the matter was he told me TO 60 ba,k, and wsnt
back With the boy to Bad heard him say ncfhng ese
door Vas shut, don know whether by Fylsr; he
knocked my bedroom door three or four times and
got mp and vent to the door, heard no words before GOT
there can't say whether he or opsaed the door; saw
nsot burning and sav it, reassioa; he saii he VA.
say shat be told me; that heard whispering in tbs
micdls ROOM tolt him yes" and thai Hsary said In
nv bedroom that his mama said "D,n't Aired, ne
told tina. must tell henry thai he aid not understand
It, and that his mother was calling his father soid him
would; be told me must say that heard him halo
he told me that must cay hsard shot; sad that
hear nothing and he said that said that he would be
hung; told him would say anything to save my own
and told me I must 60 back to bed till he ha'losd
murder; told him AFRAID TO stay In tho house. and
he ssis th,re nothing to happen to me; wsn osck
to red and my heed; heard noss for
much o half hour; then heard him holloa " mur-
m.ut,a s.o m.p e.ms in; Fysr and Fred came in, and
there Their In toe III tchen got up and r.ssed
vent into the sitting rom; opened the door bsse VS.
stcckpgs where she was dead Fylr WAS standta over
his wife crying and + ed stood the hoor with koe
who killed his wife be sat down In . chs'r oy ths
stove he told me t. get him clean pair OF s'ockiogs,
and get them ont Of his drawer In the bures in ths
parlor the Of the bureau A pulled out; his
shirts and olo'bss kept In drawer; iont Know
what in rhs other drawers gave the stockings to h
ard be put them on put his dirty ones into the bel
room ~nsre slept; when out he ,ois to bull
FIRE; he vas crying ! sss kindlns wood and started
Fes; they said they would TO mud the robbers
Boil back in about halt hour; NJ. Wilbur
hack with Mr. White two Misses Wits Aad Miss Smith;
out AFTER and others ed Fyer didn't
say any thing; Fred took out FLYERS pansloons With
stick something from the bedroom whore she
hons as al robbed and tos. b. ads;s sSrs for his
money; he tad something about 500, whioh did not
understand was scared; he said hs had some
in hs pantaloons and Aso In the straw tick under his
pillow; did not Fylsf into the parlor or the ned
when Fred brought psntaIoons out somebody put
bis hand into the pockets spd found buckle; whsa
went The the Srst time while ths liits boy
cry saw light which appeareo to b. Ia the ting
room saH's swsar pow Fyer vas dressed wasn he came
sitter went to esd, to the tins be knocked as my
bedroom door; frat her when ont, After he
he said he her killed. lying on her facs at
h-r bedroom door with her feet out 10 tbs sitting
and her head inside the door sill my bedroom
iEo the sitting room; whom he tslkipg 10 stosd
inios the door sill door swings into sitting room; Fysr
do not, 10 kno~ledgs change Of his clothes that
night except Lis slo koss: We body sy in tie sans
sitiop the second time weat into the sitting the
first time did not b GOD the boys oosnes
SAY no bedclothss which bloody. sxcsps whsre
Wa m 1 he. I'd
murdered nom The little nos did not hear the report
Of the pittol; have heard Fer say that no was not
going to al his Gays with his wife; heard him say
this last bonoAs he SAID 1t TO the kchsS did net
say snythisg more ct thas tint, Wednesday Ars
came und the stove And took ths cover of this pot
Hrs out Of the sitting and took the Pot of
the stove and put It into the butefy abs poured out
coffee into DO H. drar and left ia the
bowl xr, and Mrs. 2, Ter oiuner; Alter dinner
~'nt pts the battery and drank two mouthfuls of che
coffee Fl ler who in the sink a,ked me II l
hso oisnk any OF the coffee; It'd him had and he said
Lad better throw 1t up; he gays tobacco out
Of his tox and tolo me 10 snov it which did and
went Anc tnrew 1t mp then washed the dshss. when
Mr. Fyler wanted me to 90 to the barn with him aud
get some eggs; Fyier told me to empty the coffee
io,o The inl; do not know before vent to bsd hat
Fyer going to kill his wife that he yo,n, 10
SHOULD f.pd the ehdr to tbs her house and he saa
yst vh'D went into the buttery and going 10 b.
recalled to be sworn he SAID must cay what ssid b.
fore; when cav Fyler he looked 1t me that
afraid Of him; have been twice bsiors the
nert jury; old have this time, besauss
raid Fyler would Hill me; afraid Of him b..
capte ali alote; have had o. imipal o,nnsotion
With Fylsr; It commenced at blackberry time lest
sum nsr; The lsst time ,as on Monday last
In Kitchen wnsn Fyle and my youngest brother
shooting With it, three -four weeks ago; don't
part OF the time don't where it at the time
OF the murder; ddn { know there ary money 10
FLYERS house; cont know that my brothers did, Fysr
owned large white handled knife did not see il that
night; say pext morning the Dor In me bedroom,
the head Of the body saw n, other knife that had
blood it, sometimes Fy er would have sick and crazy
spe)s sould BE- out Of his head; can't tell the certain
time h. had the last OF these spells, bat 1t abons
three weeks ago whom he sold hts horse to Alfred dow
lett evening altar supper he tolk out koifs TO
Kill him eli; he u1kuttonsd mis- shirt and vssr I'D put
tn. point o. DIS nal,s 70 a,s s,ssss called 70 H ~
take the knife away from hi Mrs Fyer her anssr
hrs he cid try t, resist tstng toe nfe from
him. he SAID noAins he says nothing when he has these
Mr. HJs said the defense WAS not prepared to 70 on
with the Cross exaniDati ton.
AT tvo O'Clock the case was adjourned until three
O'CLOCK
Later Non the re assembling Ct the o,urs II
M said that after Of the counsel for
TIE defence it agreed that they would At thi
tiEns cake cr,ss-exAnipaion OF hsrv Cummings They
placed credit In her story felt entirely Abs to
show her statements TO be uursissls.
Mr. Andrews had other witnesses then for examua.
tiop he had opposed that the Ton OF
Nary Cum ninas sould oc,upy this DAY Out. as had
Other ssd i'm porsst witnesses thai he desired TO PM
the vloW 81 thete fAcS and engagements
court this week he suggested the pro2rsty Of ourn
ens lii next week.
Mr. Nye could not the necessity for further exAm
ration. Enons h had been ecrtsd TO variant the oon
initial Of tbs prisoner, and with this the dssacs would
be fApt6ed
re Justics thought 1t necessary AMI proper that full
snrsiion should be had BE adjourned the nina
iiou iil Wednesday of week, at 10 A. ~ In the
Court House.
Wife Mus dcrcd by hcr Husband In New
Orleans
ri he Ne Drira I
Ore OF MOI attocious ard unnstorAl urdsrs that
has ever earkers cd the iusl records OF ci.y
psryetr sed on Sunday evenipg last by q man usnsd
Frsut Smith upon the person Of his sfs Cath srins
smitn Smith lived In . small Isolated skSpty on Com n
,irest rear tie Scamp about e:f 4 rile beyoad the
Cn.riy Hospital The hous- stands by issslf . sooi
tift.rse removed from shy other buusipg 1t Ia ssd
pst spi'h his lite (tns mu dered womsn) 10th
ibc pKb,g Of ting drunk occasionally bat cannot
eh FOR the Of this report The wona did
the stpesrance Of person steicted TO inteu
rance The husband, however was ssid was shs,tly Ia