The daily gazette., 1879-06-04

. Snow HILL, Nd, June Sin Couit
met at o a. IN. Mr.. j. U. Dennis APP
peared with counsel for defense.
Mr.. Crisfield offered the bills OF exccp-
ton and hoped they would meet the ap.
probation OF the Court. The Court said
they would 60 ON with the examination
Of witnesses and look over the excep-
tions at their leisure. :,
Mr. James Hearn was then recalled
by the State and repeated his testimony
~ to the conversation with his daughter
N the Sunday before she died, arising
from a scar on her arm. On his cross
axamipation Mr. Hearn said he was not
An eye-witness of his daughters death.
He was then questioned as to the locali-
ty and appearance of the scar, and said
Il .looked more like burn than a
cut and at The time of the conversation
vas nearly healed up. Witness does
not ,recollect whether he asked his
daughter why she raised her arm, but
might have done 50 as the question
would have been natural one.
Mrs. George fruit: was called by the
Safe, She had a conversation with
her during the last week Of her illness.
Ella said sue was going to die and want
Cd to tell me just how Lii had treated
her. Ella said it was not an accident.
She said the night before she went
around to Lil's with her sister Louisa.
Lii wanted her to walk in the woods.
She told her he could not go. Lii got
awful mad, and she came out Lii came
up to her and said: before Almighty
God, Ella Hearn, if you don't go into
the woods with me tomorrow I'll never
ask YOU to 90 anywhere else" Next
day Lii came around; she got up to
leave two or three times and snatched
her work out of her hand her ma told
her to 90 to the door with Lil;Lil started
10 the gate and came back again once or
twice; then she came in and shut the
door. went up to her and asked her il
she would take back what she had said
and attempted to kiss her; she (Ella)
pushed her down and then laughed; Lii
said she hurt her little, for she pushed
her real hard Lii got up again and
commenced talking; Ella told her to go
home and leave her alone.
Mr.. Cristield asked what further
conversation there " as between them at
that time.
Mr.. Page said he would object to any
conversations between the witness and
his daughter, unless they came within
the scope of dying declarations or had
reference to the way the shooting was
done. The Court overrulcd the obiec-
ton and the witness said he interrupted
his daughter to break the conversation
by telling her to hush, he would take
her to the city when she got better. She
then told me she would never get better;
was too late she certainly must die
Witness told her 10, s,ie ould get bet
ter. 1t was the last time witness heard
her speak of the shooting. IL. had Civ.
en- the exact words she used, but there
might be little informally in the form
Mr.. Hearns voice Was husky and he
was much moved.
The witness thinks Ella said that Ii
asked her if she loved Ella Foster bette
than her, and she answered YES" an,
that Lill stepped back and said: "Re
peat that and I'll kill YOU" Witnes
here said to her (lIlla): "Perhaps Lii
was only trying 10 frighten you," and tn
reply was, "You would not say tha
Mrs. Truitt, if you had seen her count,
nance and the rage she was in." I'll
then showed me her arm aad said, :"
my arm had got little higher perhaps
not have killed me-" The first day {
two after the shooting, tie mark locke
like smoke or a powder burn, and ~
like dark shade of blood
r. At this point Mrs. 1rutt became fail
and not recovering after sitting a viii
at the window left the room and Sc,
back message that she was too unwe
to return.
The State u eli call d Clara Field
colored, by whom it was proposed
show what was said by those pr sent
The room imm. di .tely aitert { shootiit
Mr.. Page objected and = long areume
snsued. / +" as hnall agle d that Il
the testimony should he hra d b. Il
Court and they would ru'n whether
wal adm 'ssible or hot, tie jay in
mean tine going to Vi her Witness sa
Mas Duer came IN oul Of the hall al
Mr.. and Mrs. Clarke calur in aoout ii
minutes after. Mrs. Caik- asked NJ
Ella what was tie matter, but got no a
swer. Miss Duer tLc4 touched NJ
Clarke on the shoulder and SAID 81 q
1t; did it with this Here she tool
pistol out Of her pocket, it was in +
nannel bag. She said sic did it ac
dentally. Mrs. Cla Ike said : My! l.
what are you do Z wi Ii anyth'n Ii
that? ?" Miss Duer replied: There is
any danger have earned it TOR yea
AT the afternoon session Mrs. Tru
was called aud cro.s-examined. She 81
that after the talk about he shoot
and dying brg,n Ela would talk of no
Ing else. Witness tod her she must
talk abOIt that then she woglti ais,
and 60 back to it asan. W tness u
repeated her testimony er,tofor> alb
he shooting.
Ella also said to her thai 1t was n 7
row scape she made when l. | shot
her In the woods. She shut at her Il
times and Ella knocl I'd o. took the
tol ont of her hands. ELL did not
her fa, her because she was afrail ."
would do something he would have
suffer for" that he would have killed
before she left the house. At ano
time she said she suffered so much.
didn't she kill her at once? God did
Intend she should die right off; it
meant she should live to tell all abou
Remember also she spoke OF its b.
hard for her her; that her little 81
had been been burned to death, and
she .wAv shot. What made me Il
Mis- Hearn was delirious was, she
talking and did not think she k
what she was talking about; she was
most always going On; the night wit
sat up with her she also talked of sh
ing, but that Digh she knew everytl
her eyes wtre mostly always cl
whom talking urine the first week.
0r. Bayley.a colored woman,