The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-11-02

TR CKa> H.
The Trial of Marshall X. Evans for
the Murder of His Father.
Court Of .Qyer and Terminer - Judges Peirce
and PA


This morning the prison dock contained single
inmate, Marshall X. Evans, who was before the bar
OF the Court to answer for the life OF his father
Thomas L. Evans which it is alleged he took felon-
Ously in August last IN Tenth street, below Pine.
This prisoner is young man of medium stature,
fair complexion, sandy hair and beard, and soft blue
eyes, and O ind, gentle looking young man His
manner bespoke q respectable and refined breeding,
his dress was neat, and he conducted himself
with the greatest composure and apparent self-con
troll. lie represented by General G. H. 7. Coils
and Judge William s. Strong.
The questions of conscientious scrupeg upon the
subject Of capital punishment Indicated that the
commonwealth would ask for verdict of guilty OF
There was but little challenging, and jury was
Obtaiaed from he regular panel and sworn TO try
District Attorney Gibbons opened the case for the
Commonwealth, stating the facts of the case as he
expected to prove them On the oath Of August last
Thomas J.. Evans was living at the house OF Mrs
Belcher No. BOG S. Tenth street, and soon after
breakfast on that morning the prisoner ms son. ap-
discharges into his body, and he expired in g feg
moments. This wa5 one OF the sa@dest events tnat
had ever occUrred in this community, the case of a
son cooKy and deliberately taking TIRE life of kind
and indulgent father; no proyocatlon had been
given, aud the last words spoken by the dying man
were words of affection and s0llcituCe for his son.
TO this charge the prisoner had pleaded not guilty,
and it was not for the commonwealth to anticipate
his defense; the witnesses would Therefore be q;
once examined and the circumstances Of the re-
voting deed be laid before the jury,
DIR f. D. shapeigh, Coroners physician, sworn-I
Thomas L. Evans on the oath of August last and dis
covered five gunshot wounds; four OF these wounds
were in the trunk of the body, two OF them neces
sary fatal, and two very dangerous, though not ne
cessarily mortal; the fifth wound was in the middle
OF the right foot, and not mortal the abdomen was
filed with blood, and the Immediate cause OF death
was hRmOrThage and the shock received by the
system the deceased came 70 his death by violence
caused by the wounds have described; made the
examination early in the forenoon, and believe the
corpse was not entirely cold.
Joseph SAMSON, interpreter Of this court, sworn
knew the deceased, and have frequently seen the
prisoners he was q son OF the deceased; / was pre-
sent at The post mortem and recognized the body
as that of Thomas l.. Evans.
Miss Celina A. Belcher sWoTn-l lived at NO. BOG
South Tenth street In August last; Mr.. Thomas l..
Evans was the head of the family was there
about 20 minutes of O'Clock on the morning of
August "a last when he lost his life: we were all at
the breakfast table when the prisoner came down
to breakfast Thomas L. Evans, Mary L. Evans
Rachel and Julia Evans his daughters ana myself
were at the table in the dinlngrOOm down stairs in
the back building; the Kitchen was right back of
the dinng-rOOm: this house had three stories and
attic the back building had two stories and attic;
we had just sat down TO breakfast, but had finished
breakfast when Mr.. Evans was shot; | was in the
pantry, which is right OF the dnlngrOOm at the end
of the hall leading into the dinng-rJom; while was
in the pantry heard the shooting going on; heard
four or five Shots | came right out and saw Mr..
Thomas i. Evans hol ling on to the pantry door he
held on but a few moments and fell to the door; /
saw only his son Marshall there at the time; he
standing in the entity outside the diniugroom door;
he looked very Wild his eyes looked arg than usual
but didn't speak Word he was looking at me
trying to support his father; he had pistol in his
hand still aiming it at his father; | supported the
dying man uuti. two men came and helped me to
carry him into the pa1l0r, where he died; he lived
perhaps twenty minutes; can't tell.
Cross-eXamincd-l had charge of the household;
the door of the pantry opened in the entry towards
the dtUng-roOm; Thomas l.. Evans occupied the
third-story front room immediately under NlarshalIs
room; the prisoner is a married man; his wife had
been staying at my house Oh end of few days at a
time, but was not there that morning
Rachel s. Evans sworn-l ain a sister OF the pris-
oner; | saw HIM on the morning my father lost his
life; was at home that morning; heard the report
of firearms in the house ABOUT twenty minutes be-
fore eight O'Clock; | heard at least 1Our shots, and
ran from the kitchen INTO the dlning-room and saw
father in the Vestbule and Marshall ring; by yesti
bule mean the space between the front door and
the entry; also saw my father at the dining-room
door two or three minutes afterwards; did not see
him go from the Nest6ule to the dlnlng-room door;
when saw hin at The latter place Marshall was
standing at the mantelpcce IN the dninS-room;
Miss Belcher and colored man We're with my
father; between the times that saw father at the
vestibue and at the diningroom door, was in the
yard; when | saw Marshall firing he was in the
Vestibue few steps from father my father was be-
tween him and the door, and Marsha was firing at
him; had seen my father about five minutes before
this and he was perfectly well then
Cross-eXamined-M father was dressed to go out
and had his hat on; ran into the yard to get help
Mary S. Evans sWorn-I was at home on the morn
ing my father killed, and heard firing; [ was
then in the kitchen rushed into the dlningroom,
and saw father standing in the vestibule and Mar
shall standing near him firing at him four or five
times; there was no other firing in our house that
and beckoned' for help l was gone about three
minutes, suppose; returned into the house and
saw Miss Belcher supporting father, assisted by
cOlOred man.
No cross examination
Here the commonwealth closed.
The Defense-Insanity.
General Coils opened the case for the prisoner
reading from our penal code the definition of mur-
der, which says that the perpetrator in order to be
liable TO the penalty OF DEATH must be aperson of
sound memory, VIII, and discretion Though, tax
ing the as most strongly against his client, he
would admit that the jury must primarily presume
him to be sane, yet 1t would be shown by the most
conclusive proof that at the time OF this heart-rend
ing occurrence he was raying madman, and unac-
countabe for his acts.
General Coils then proceeded to give the follow
ing grephic narrative OF the prisoners malady;-
Marshall Key Evans is about 2S years of age, During
more than half of his life he has been afflicted with chronic
rheumatism, which has crippled him to partially
prve bm of the of both feet This physical nrmiy
diseased %G IN S s the has
assumed the character OF hallucnaons and delusions
e ps % hs ms he Sas IN
business with Mr. Charles NJ DerrcEson at the corner Of
Ridge avenue and Spring Garden street. Mr. Derrckson
Will tell you that at that time 50 alarming became his
the a his fnyS h sHCnG fhasc
ss to call for and take his sou home in the evening aud
condition Of his mind At this period his insanity mani
da ~ who desired to take his lire do him
oiterng in the Streets and armed himself for his
He grew better, howeve~ own
traces Of dise"" aua although occasionally
Nhe" -,y,, mind were observed by those who
mark until about the time the death OF & his only child
pr Post the physician who attended the child in ITS last
dences Of insanity which he developed during the period
81 sS Syod ali SOa6t ha
M mind M & n St Sao s Sranss aS
Of the prisoner that occasion which so impressed
opinion that he was insane For some time after this
the prisoners mind filed with the idea that certain
parties to obtain of his childs body
went TO Laurel Hill had the lid Of the coffin removed and
6ere He did not tell the at the SrS Sem s
terry why he did this but with all the cunning Of unat
assumed that il simply to satisfy faherly
the remains of his child; he did, however, confdt