Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-10-11
mUsBAND AND WIFE.
stirring Scene In n New York
Court
ECur Ban Saved GrOIss DessIs On
the SCaHOId.

From the New York Herald Attn Inst.l
About half-past three O'Clock on the
morning Of the 2i day of August, 1866,
a young lady, about twenty-fOuF years
OF age, NJ Miss Ellen Hicks, was shot while
standing nc the door Of her residence at
Thrcg's Neck, ABOUT two and a half
miles from Fort Schuyler. She died in
about three hours afterwards. The par
ties charged with the commission OF the
crime were ThOm0s G. Fitzgerald, Cor
pOral OF company II, First United States
artillery (; Orderly Sergeant John DJran,
snd privstes Charles Burke, Michael J.
Canty and Michael Martin. The salient
points Of the testimony offered at the
trial proved that the prisoners DoraD,
Martin and John G.. and Charles Burke,
two newly arrived recruits, were in
tavern near Westehester, when one All
exander Elliott, the cousin, and Richard
Hicks, the brother of Ellen Hicks, ar
rived at the door il a wagon. Elliott
en- tered and invited the soldiers to drink
Elliott was under the influence of liquor,
and upon the soldiers declining to drink
WrsBgle began, and Elliott was hustled
around the place, tut was saved from di
rect violence by DOrsn. Elliott and
Hicks left, and some Witnesses say that
about twenty minutes afterwards the
soldiers left also. The road taken by the
two men to their homes lay in the direc
ton afterwards taken by the soldiers, TO
Fort Schuyler, but Elliott and Hicks
were ove:taken by the soldiers, and
another fracas ensued, in which It ap-
pears Elliott knocked John G. Burke
down and D0TRn subse quently broke
EtIiottis arm. According to their own
testimony, Elliott and Hicks walked
very slowly down the road, their harness
and carriage being broken by the horses
running accidentally against post, aud
Elliott, anticipating an attack, also led
off ia this second encounter. Elliott and
Hicks went home and the soldiers seat
| tered, taking the direction of the fort.
EHiotLls arm was attended 10 and he
went to bed about one O'Clock, and was
aroused by noise outside the house st
about three O'Clock in the morning
Looking out Of the window he saw the
soldiers who were. indicted sndeavoring
to enter the house, armed with nUskets
and bayonets, and they attempted TO
batter down the door. He ran down
stairs and was seen through the window
by. some Of the soldiers, but he shortly
ran up stairs again and they burst ia the
door, leaving one man, Charles Burke,
outside. Elicit had heard them say to
his mother, In the yard, that they we're
going to shoot him, and he dropped from
an upper window, near which, outside,
Burke was standing, and fl id. The house
IN which Miss Hicks mother lived, to-
get1er with Eliotps sister Alice, was
situated diagonslty across the yard from
EliiOtt's resjd nee, and Alice and Ellen,
aroused by the noise, were standing at
the open door In their night dresses.
When Elliott escaped Burke ran around
into ElllOtPs house. and told the soldiers
who were all inside, that he had gone
out OF the window. Fitzgerald ran out
TO the yard, and as The witness, Alice
Hicks, and man named Volts testi1ied,
raised his rifle, aimed atone of the girls,
fired, and Ellen fell m0rtaIIy wounded
through the body. Shs was at the time
under engagement to be married In q
fieg days. All the other soldiers were
N the house at the time the shot was.
nFsd, except Fi,Sgersld. The soldiers
then fed to the fort, throwing away
their arms and were arrested IN 8 few
hours afserwerds. It also appeared in
evidence that during the affray on the
road, RboHb eleven o. clock, ] J0hn-C. Burke
became separated from his companions
and did not return to the fort. He was
arrested about half past six o'cloek 10
the morning, while passing Elliott's
house on his way to the fort, but had not
participated in Cne murder, oaaa1 li-t -ii
At ten minutes past ten the Jury en-
panneled to try Doran retired to delibeE-
ate. The judges left the bench for rest,
and the lsTgescrowd of elegantly attired
fAdiesi in Che gallery, as we'll as the audi
encs ia the body of the court, opened
buzz Of conveTsation and comment upon
the proceedings and the probable result
80 sn1iously aYsited. When half an.
hour had eispsed, numbers Of those pres.
ent began 10 grow weary Of " waiting for
the verdiet,h and louugei in and out Of
the courtroom and vesnblle, Lawyers
sat haddied In groups on the tables, the
officers Of the court assumed an air OF
abandon and lonDged back in the chairs,
and the knowing Onesp predicted q
disagreement of the Jury. Doran sat at
the end OF the table, attlred, in new
suit of United States artillery uniform,
the slee YES OF his coat decorated with the
cheurOns OF sn orderly sergeant and. his
enlistment stripes. He 10 q tall, fine-.
looking and well formed young fellow,
with pleasing and decidedly soldier
a.s aaf elt lIsilH y q tlH-l