Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1872-10-24
The Acquitted Murderess.-Con
ciusion of the Trial of Laura ID.
Fair at San FranciscO.--Verdict
:. of Acquittal and the Closing



of Acquittal and the Closing
Scenes of the Trial.
From the San Francisco Bulletin of Oct. L.
The most remarkable criminal trial
in the history of the State terminated
yesterday with a verdict of aequittal.
The history of the case is briefly this:
On the Sd of November, 1870, Mrs.
Laura D. Fair shot and killed Alexan-
der P. Crittenden on the Oakland boat.
The parties were well known in the
city and the tragedy created great ex-
element. Mrs. Fair was arrested on
the spot and brought to the city, inn
prisoned a short time in the city prison
and then in The County Jail. A grand
| jury indicted her for murder. She was
arraigned, pleaded not guilty, and her
trial was fixed for March q, 1871. On
that day the trial commenced. The
prosecution was represented by District
Attorney 81. II. Byrne and Alexander
Campbell; the prisoners counsel were
Elisha Cook and L. Qnint
Much trouble was experienced in
procuring a jury, but one was finally
empanneled, and the taking of the tes-
timony was bugun. The trial occupi-
ed the entire attention of the Fifteenth
District Court from the 9th Of March
till the 25th of April. In the course OF
the trial the prosecution against the OBJ
jections of defendants counsel put in
issue 'theicharter of the prisoner. An
exception was taken in the ruling Of the
Court admitting testimony on that
point. The defense also claimed that
under the law they had the right to the
closing argument. This was denied by
the Court, and defendants counsel took
an exception. t
After the verdict of the jury of Guilty
of murder in the first degree" mo-
tion was made by defendants counsel
for a new trial. The motion was deni-
ed, and the Court sentenced the pris-
oner to death. An appeal was taken
and an order procured from the Sup
RENE Court staying the execution. The
! appeal was argued, and the Supreme
Court reversed the judgment and or
dered new trial on the points above
stated, holding that by no principle OF
law could the prosecution ever asSail
the character of prisoner unless the
defense first puts it in issue and that,
under the law, the defensein in such cases
| is entitled to the closing argument. Mr..
Cook, who was suffering terribly dur
ing most of the trial, died of the disease
which afflicted him then, and shortly
afterwards Harry Byrne also died. Mrs.
Fair employed n. Greene Curtin of
! Sacramento, and he became the associ-
ate of Mr.. Quint in her defense, and
District Attorney Murphy came to the
side of Mr.. Campbell in the prosecH-
ton. a eit3.t fat
THE LAST TRIAL. :
Three weeks ago yesterday, the sec
ond trial commenced in the Fifteenth
District Court, Judge Reardon presid-
ing in place Of Judge Dwinell, who was
disqualified from sitting in the case by
reason of illness. Panel after panel OF
Jurors was exhausted, and not till 500
men were summoned and examined
was ajury for the present trial obtained.
The line of the prosecution and defense
was in some respects different from
that pursued on the former trial. No
i proof was introduced as to the relations
between Mrs. Fair and Mr.. Crittenden,
beyond the evidence offered by her
counsel that these relations were those
of friendship and intimacy. The char
acter of the prisoner was put in issue
and none of the extensive cOrrespOn-
dence between the parties, read in evil
dence on the former trial, was intro
duced or even alluded to by the wit
nesses. The trial was, consequently
| much shCrter and less laborous that the
first one. The only issue in the present
trial was whether at the time OF the
homicide the prisoner was sane or in
sane. On this point the two attending
physicians swore positively that IN
their opinion she was insane at the
time, and on the other hand eight OF
nine physicians, including some who
rank first in their profession, testified
that assuming all the testimony to be
true, they were of the opinion that she
was sane at the time.
| On Friday afternoon last this trial
lcame to close. The jury received the
| charge of the Court and retired todeH-
berate upon verdict. When they had
been out seven or eight hours it was
thought they would not agree, Satur-
day morning they asked to be present
ed before the ourt again, and many
expected that they would announce a
verdict. The COURTROOM was throng-
ed and Mrs. Fair, with her counsel,
Messrs. Curtin and Qnint, and the Dis
trict Attorney, Mr.. Murphy and Alex.
Campbell, were present. The jury,
however, had not agreed on a verdict,
and asked further instructions from the
Court on the question of the burden and
preponderance of proof of insanity. The
Court charged them that it was for the
party alleging insanity and offering il
as defense. They again attired and
remained in close confinement all Sat.
urday night, yesterday and last night
tia this morning.
AN AGREEMENT AT LAST.
At an early hour yesterday, it was
whispered about that the jury had
agreed upon a verdict and would an
nounce it at nine O'Clock. No one
knew what it would be, but various re
ports were rite, one that it was YER
dict of conviction, another that it was
compromise verdict, and another thai
they had agreed upon verdict of ac
, quittal. H
At9o'clock A. NJ. Mrs. Fair came
J into the court room leaning of the arm
of Mr.. Curtis, and accompanied by Mr.
Quint and deputy sheriff.
THE VERDICT PRoNoUCED. 8
The crowd was kept back as much al
possible, and when the critical momen
arrived profound stiffness reigned il
, the courtroom. Mrs. Fair stood at the
side of Mr.. Curtis, and when the Clert
asked the jury if they had agreed upor
a verdict, and the foreman, Mr.. Bying
ton, answered "we have" and hand
/, ed slip of paper to the, Clerk, Mrs
, Fair tried 10 hide her face; and when /
was read, "We find the prisoner no
guilty" she swooned in the arms o
, Mr.. Curtis. He supported her to sea
, and in few moments she recovered
, her consciousness. The jurors returned
| tn thair seats and cannnad dnonl,r af