The weekly herald. [volume] (Cleveland, Tenn.) 1876-1888, 1879-06-12

Wnefc was VIII not lell
This answer was twisted, as il could easi-
ly be by the excited community, iuto broad
strands of guilt, and the young man was
remanded by the magistrate for regular
trial at the next term Of court.
There were few who believed that he
might be innocent. When it became gen
orally known, that he had been sultor for
Eva Buskirk's hand without the sanction of
her father, revenge was added to the motive
of the murder. Ellen Milligen's word was
believed she was girl Of violent passions,
but her yeracity in this case was not drag
ged into question. She acknowledged that
she loved Abner Tenney-IIence her reluc-
tance to testify; and after the preliminary
examination, she said that she regretted
having revealed the secret.
But ii was out now, and the young man,
lying in the county Jail, reiterated his inno-
cence, but still he refused to make known
his whereabouts and occupation, on that
night.
Ii was strange that Ellen Milligen's testi-
mOny should remain uncorrOborated in its
essential particulars but there were sever
al parties who had seen the accused near
the scene Of the crime at that late hour of
the night.
He did not deny this, but persistently re-
fused to explain his presence there.
His father visited him, and begged him
to unburden himself; but to him he invari-
ably returned the same reply:
Were | to tell you, you would feel AS
badly as though had committed the muir
der"
The young man was visited by many ac-
quaintances, to whom he would net reveal
his secret, and it at last became more than
half suspected that he had accomplices who
had concealed the money, not one dollar of
which had, as yet, been found.
Ellen Milligen continued to reaffirm her
statement. She was confident that she had
heard Buskirk call on Abner Tenney in
tones that left no doubt in her mind that he
addressed his murderer. As the time for
the trial approached, she lost her reluctance
and openly declared that she k1etU that the
accused had committed the crime.
Her brother, not having been at home on
the night of the murder, was not summoned
as witness Ii was known that he, too,
had visited the Buskirk homestead as a
suitor for Eva's hand, but that of late he
had turned his attention to another lady, ITO
whom he was paying his devoirs.
The excitement consequent upon the
farmers violent death and Abner Tenney's
arrest did not for one moment abate during
his sojourn in jail. TO young man who
visited him he said:
"Spare me, John. You know where
was that night you know what | was do
ing. If escape this time | will be better
man. The murder of my honor would send
my father to the grave as quickly as the
shedding of my blood by the law. Do not
ra,me forward and try 10 save me by sacri-
,,tng my honor"
"a They will hang you if you do not tell
alE was the reply. 'Iet us swear to the
thrh. DO not let Eva believe that you
Killed her father
tThe last sentence drove Abner Tenney to
the wall of his cell with a groan. 1t tseemed
TO lnnerve him.
''She will never believe it !" he cried a
moment afterward. "'In her eyes / will
evar remain glultess of her father murder,
even though they hang me for the crime. :"
The young mans visitor left, and joined
two other men of his age in the corridor of
the Jail.
"What does he say now2" was asked
witt eagernesS
'GIe is still obdurate, and declares that
we must not expose him."
''Can we save him without the expos
ure2'
"1ge must We shall /"
The trio were youths of respectable
,arents, but considered fast young men.
fhey had of late been Abner Tenney' COM
llnions, much to the regret of the few pous
pIople who had noticed the familiarity.
l'Look here said one, addressing his
companions, 81 hold myself in part respon-
sible for Abner's present situation. We
ltp him into the habits that have fastened
themselves upon us. We must save him !"
The spokesman of the dissolute party
was young student of medicine, and it
was not long afterward that learned medi-
cai gentleman of Cincinnati came to the
county. The body of Zimri Buskirk was
exhumed and examined.
John French stood by and watched the
professor.
"Nell ~ he said at last.
'you soy that she swore to hearing Mr..
BusKifk cry out after the thud of two
blowsln A.
$50 she swore. "
"The first blow must have produced in
stant oeath 1t drove pieces of skull into
the brain. A stab in the heart could not
prove more instantly fatal than the initial
blow"
''rhat is your opinion2"
81 will swear toit :"
The young man was satisfied, and the
body, minus the head, was returned to the
grave.
'lf he will not sacrifice his honor to save
his neck, will save it for him, and his
father need not know the truth. "
These words passed from John French's
lips as he passed from the house with the
Professor.
From that day the young student and his
two friends were not idle. They made many
trips from the county, and compared notes
on their return.
The trial came at last, and the accused
plead ''not guilty." in firm voice.
Ellen Miligen repeated her testimony so
damaging to the defense, and adhered to 1t
through rigorous cross-questioning to
which she was subjected. She had heard
the cries after the blOwsi she was positive
Of this.
The other evidence offered by the State
was merely circumstantial. The defense
introduced the Professor, who explained the
nature Of the wounds, and swore that the
first blow had produced instant death. This
produced sensation in court. II staggered
Ellen Milligen's testimony, until that hour
believed invulnerable. The blows that now
followed from the defense were hard and