The sun., 1879-06-20

manuscript novel which he says was written by
Miss Duer hut ne declined to show IL He also
refused to say where he had found II. / am
told. by ons who read the opening chapter. that
Il descri hes two men-a blond and brunette
in glowing terms asked whether the author
made these men fall in love with each other.
but could get no reply. -
The strongest evidence against Miss Duer
was tho dying girls statement. When Il was
offered by the prosecution the Judges ruled that
u was not enough that Miss H"arn should
believe that she was about to die, but that she
must be- in actual danger. Actual danger was
not enough without belief. The prosecution
then got from pr: Truitt an opinion that che
Mrs. George Truilt testified that she sat up with
Ella on Tuesday or Wednesday before she died.
Miss Ella Bohm was there that night Miss
Hrarn said that she knew she was about to die.
No chloral had been given her that night, She
said she wanted TO- tell just how LII" had
On the night before she was shot. when sne
visited the Duers with her sister Louisa Lii"
repeatedly urged her to 90 into the woods on
Finally " Lii got awful mad" saying. Before
Almighty God, Ella Hearn. II you don't 20 into
the woods with me tomorrow wont ever ask
you to 20 anywhere again" Llinn was so
angry that she went into the house and slammed
the door without bidding her visitors good
night Elias statement thus far was confirmed
by the testimony Of LOusa. her sister. who was
present and heard the conversation.
Mrs. Trultt sworo that the dying girl told hor
that after she went out IN the hall with Liinn
on the day OF the murder, Lillian started for
home. sho had reached the gate. suddenly she
up to Ella and tried to kiss her. Ella indignant
ly pushed her and she fell 70 tho floor At this
Ella burst out laughing. Lillian arose. saying.
" You pushed mo hard, and you've hurt me q
little" Ella then told her,to 20 home and lot
her alone. Lillian said; You love Ella Foster
d." Lillian stepped back and said Repeat
that and will kill you" Her face was liyid
with rage. She drew her pistol and pointed II
nt Ella who threw up her arm, Tho weapon
was discharged. Her arm was blackened with
powder, and the bullet struck her IN the face;
The dying girl also told Mrs Truitt that she had
previously had narrow escape from Lillian.
They were in the woods. Lillian became angry.
end shot at her twice. missing her both times;
Elias escape was due to her knocking the pistol
from Lilian's hands.
Such was the story told by the dying girl as
sworn TO by Mrs. Iearn. 1t WAS confirmed by
the testimony OF Mr.. Hearn. He swore that on
the Sunday before her death his daughter said
| saw when LII stepped back. from the cx-
shoot me-" Mrs. Indiana Dennis sworc that
she was with Miss Hearn tho most Of the time
until she died She was deirious during tho
first week. She started up and cried: Don't
dare 70. do IT,, Don't shoot me. am not de-
cettul;'", In tho third week she said; " Mrs;
lndi. it's n great pity she did not kill me deRd
when she shot me am suffering so much, and
have got 70 die after ALL can never get well
aga again. Perh%aps % though 1t is better that did
To Offset the effect of the dying girls words.
tho defence put Ia counter statements made TO
danger OF death. Mrs. Truitt had sworn that
Ella Bohm was In the house on the night ihat
TIE dying girl made her revelations. Miss
Bohm testified that she passed only one night
with Ella when Mrs. Truiit was there. and that
WAS on Wednesday. ten days before her denth.
Mrs. Trultt slept the most Of the time. II Miss
Bohm's story is true. the revelations sworn to
by Mrs. Trutt uuder the judges ruling were
not edmssihIG h. as hey T9re made made more than q
as TO time wns backed by twoQ or three witnesses.
Thus there was \ question OF veracty between
Mrs. Truitt and Miss Bohm.
HANDLES IN THE WOODS.
Tho defence tried TO prove that when Ella
aud Louisa visited Lillian on the night bciore
the shooting. II was Ella. and not Lillian. who
desired To 40 into the woods on the following
day. Young COrhin sworc that he followed the
three girls TO the door opening from the pnrlor
into tho hallway. and overheard their conver-
saiiQn. He heard Ella say: Lii. I've been
out here three times, and you promised 10 20
out and walk with me. and every time come
that Jim Corbn's here, Now. want you to bo
sure and come around tomorrow and go out
When the girls first met in the Duer house that
night Ella said: Lii, I've come here to have
you take walk with mo. but / see you've got
replied: No, il don't suit This latter part
OF Corbin's testimony was corroboratcd 10y that
OF Miss Ducrs sister and Mr., Hughes. her
suitor who heard tho words. The talk at tho
door, 1t is claimed. WAS heard by Corbin and
asserohs % enIh in oo Is Ceygbp Hny AND iI Ss S
sweetheart, Miss Ducr. on ono sid aud
Louisa and her dead sstcr on the other. The
reputation for truth. The defence tried to null
lify Mrs TRUTHS testimony concerning the al
that Lillian gavo him her pistol the jth of sep
tember. and that no did not return IL until
Nov. z He stuck to his dates. but could givo
no good reason for remembering them, and
his testimony was torn In bits ON n cross-eXam-
nation.
shooting she heard n. fall whllc the two girls
were in the hallway. The cause Of this fall was
made plain in the dying girls statement 10 Mrs.
Truiu. Tho defence tried 10 deaden the effect
OF this testimony by Mr.. Duer's testimony. lie
swore that his daughter Lillian was weak In ono
knee, and that this knee m quently gave way
without warming. Lillian, when on the stand.
said nothing about n fall. and. singular as IL
may seem. the prosecution did not cross exam
inc her.
Tho strongest point made by the defence was
their effort to prove death the result OF unwisc
medical treatment II was shown that repeated
doses OF cLlOral Were administered. Two thou
sand grains were sent 10 the Hcarn house by
an apothe.a AIRY while Ella was suffering under
her wound DIR. Truit swore that death was
the result Of nervous prostration caused by the
bullet. Another physician swore that in his
opinion denth resulted from an excessive use OF
about evenly balanced. Several witnesses
swore that DIR. Truitt had expressed surprise
at her DEATH and said that hc could not account
Viewed in the light OF the law. there seemed
10 be no bottom 10 the case. There were scores
ofpegs on which conscientious Juror could
hang his doubts.
The trial was enRthened by the lack OF a
court stenographer., Three-quarters OF the
posing lawyers. They frequently disagreed on
the letter OF the evidence that had been taken.
The senior counsel for the defence WINS ex-
Congressman John W. Crisned now "a yenra
OF age. His son was tho leading lawyer for the
prosecution. At first the young man seemed In
be too much for his father. but the old man
chung TO him with the pertinacity OF bulldog
and In the end carried nearly all his points
The Judges were old-iashioned fellows. Their
rulings were prompt and lucid. One took snuff
and have reason To believe that both play
poker. The Jury wero intelligent men. and
was not allowed TO separate during the trial
sawdust. and the apartment itself minded me
OF q Roanoke cock pit.
THE VERDICT.
Snow HILL. Nd, june 19-The Jury entered
the court room at 9:l5 this morning. and the
prisoner followed. leaning on the arm of the
Sheriff. The panel was called and. in reply Ia
the question OF tho clerk. the Jury announced
that they had agreed upon n verdict The fore
man. when called, answered "Guihy Of MUIR
der with recommendation TO the mercy Of the
Court"
Judge Wilson said that the verdict must be
formal, ana that II must be Not guilty OF muir
der, but guilty OF manslaughter."
The panel was pOlled. and the formal answer
was made OF Guilty OF manslaughter," until
tho name Of Edward T. Causey, the eighth
Juror, was called. He answered distinctly.
Not guilty"
That reply created stir in the court room.
Judge Wilson then said as tho Jury had not
agreed they must again retire Tho Jury there
upon retired.
Lillian Duer occupied the same seat within the
bar in which she has sat since the beginning Of