The Portland daily press., 1881-01-19

court salu ne snould not keep the jury under
the charge of an officer but would allow them
to separate, but cautioned them not to al
low any conversation about the case to take
place in their presence, not to converse with
any one about the case and not to read the re-
port in the papers.
AFTERNOON.
Joseph A. Pickett and John Massure, police
oihcers, who arrested Farr, testified as to the
arrest, the declaration of the prisoner at the
Tune as testified to by the former witnesses and
identified the revolver produced in court as
Inc one found by the body and with which
Farr did the shooting.
! The revolver has now four empty cha mhers
aud three loaded
DIR. Charles W. Bray was next ca lied. He
examined the body of Mrs. Farr. He found
three wounds; one entering the inner angle of
the left eye and running back into the brain /;
another at the nostril, which he could not
PROBE; the third entering the cheek passing
downward and backward to the base of the
brain. In his opinion either the first or third
was sufficient to produce death.
Andrew j. Rich and Charles Westman were
called to identify the body or prove the corpus
deficit, but this was admitted by counsel for
| defendant
NELLIE A. BRITTo, called by State:
| Am the daughter of Eliza Farr by her first
| husband; was ten years old when mother mar
ried Mr.. Farr; am now 10; came to Portland
| from Rockland the next Monday after mother
died Saturday; saw Farr in the station said,
20! John, what have you done you miserable
thlng what do you think of yourself to do as
you have?" The only reply he made was, 81
think am poor miserable thing, and have
got to die as your mother did,
This closed the testimony for the govern
ment.
DEFENCE.
Elliot King, Esq, then opened for the de-
fence. After commenting briefly upon the
law he said that at the time of the homicide
Farr was laboring under such provocations as
to destroy or dethrone for time his rea-
son, overthrow his manhood and feeble intel
iect His wife was false to him; although he
mad used all his means to induce her to live as
pure and good wife, she was inclined to go
astray. Ii, said Mr.. King, he did not have the
power to overcome this irresistible tendency to
do the act, if he did it under the maddening
lhnuences that were brought to bear and work
upon his feeble nature by her own wilfull acts,
see no way for the jury to find verdict of
iAAoOi' LII btllS iudLuSr llD0rGV OF VIII and
action are absolutely necessary to the consum-
nation OF crime He claimed that at the
most the Jury could only find him guilty of
manslaughter.
The first witness called was Dr. Charles G.
Berry, assistant surgeon at the Marine Hospi-
tai, where Farr worked eight months last year
as cook. During that time he was quiet,
peaceable man.
JOHN g. FAIR, the defendant, testified:
was the husband of Eliza Farr: we were
married in 1872. follow cooking and stew
arding, both at sea and on shore. During the
last three years my wife had been living at
service in different places. worked at the
Marine Hospital eight months last year. My
wife did not live with me then. She has lived
with me ten or fifteen days at time, and then
l would go to sea again.
Was your wife in the habit of leaving you
for the society of other men? Objected to;
excluded)
| arrived in Portland the Monday before I
did the deed. didn't see nv wife until Fri
Gay afternoon, when 1 met her on Middle
street, but did not speak to her; before that
tried to keep out of her way, because thought
there was no good coming from her towards
me. For seven or eight months tried to keep
out OF her way, but she was continually follow
ing me. Friday night 1 saw her at Cola
more's, and we walked up through the Park
ana up Congress street: l told her didn't
want TO stand on the street and talk, and
asked her to go down aboard the vessel. We
Went down and talked the evening there's
gave her my childs picture. She asked me if
would forgive her, and said if would she
would come back. told her it was hard to
take her back after she had tire ated me so so
many times. Said l: "Eliza love you, and
you know it as well as do" She said: eyes,
John, know you do, and if ~ will take me
back will be good wife to you.'' I asked
her If she would board in Portland She said
no, she would go to Rockand to her sisters 1
told her would pay her board there, and we
would live together again. l gave her what
money l had. She said she was living on
State street. Asked her if I should go to the
house with her. She said no, she was living
tnere as single woman, and If l did it might
make it bad for her. 1 told her if she would
come down and see me the next evening
would give her some more money. She said
she would. If she didn't come there she
would meet me at Collamore's. told her if
she didn't come should go to her house. She
said did't know where she lived. told her
did if she lived where she did last winter
She said she didn't want me to come there.
The next night, Saturday, stayed around the
vessel till about eight o'clock, then went
ashore and up through State street, think to
the head OF Congress street, then down to Col
lamore's, and asked if my wife had been
there. They said no, and asked me in, 1
went in and stayed about four or five minutes.
L
meet her again, if 1 10 will give her good
talking to if am hung" AS for shooting, or
anything of that kind, I did not say it. 1
thought would find out where she did live,.so
went to the Friendly Inn and inquired, and
they told me, and wrote the address on a piece
OF paper. went to the place, but before GO
ing in went into the store underneath and
inquired. | bought cigar and lighted it, and
went up stairs. Saw two ladies sitting at
table, with two lamps on it. 1 asked one of
" ha nor
OF Miss Farr boarding there. She said there
is. said would like to see her privately.
she said she would go and see if she was in,
for she didn't know. She took lamp and
went up stairs and [ walked along behind
She Knocked at the door and called my wife,
My wife answered and opened the door. I
was then on the turn of the stairs, going up.
When got up, my wife saw me and slammed
the door, or tried to, in my face, put nv
knee against the door and says, 'no you don't,
this has gone far enough" I pushed the door
open and made about three strides into the
room. The lady stood outside of me, and my
wl1e stood at the back part, behind the door.
AS entered the room 1 saw man on the bed,
i'll his pants and shirt sleeves, no shoes on, I
can't say whether there were any chairs in the
room or not My wife was in wrapper and
her stocking feet 1t kind of excited me and I
trembled. 1 stood still with the trembling on
me. Ny wife says, ''Let me get out" I said,
| mo, Eliza, don't go, we will have no trouble,
l want a few words and l will leave" She
made rush by me. and by so doing, put m
left hand in my coat pocket, like that, drew
revolver and fired it, and ran after her down
stairs. really can't give the occasion
why shot her. There was no fore
thought or malice about it. MY wife
spoke to me in the room down below. I re-
member well how she spoke. She said
John" [ said, ''What is it Eliza?" NY
hand was then all of tremble, and the re-
volver was cooked, and as was speaking back
to her it went off and she fell dead, and 1 fell
over against the bed and the revolver dropped.
I saw the lady (Irs. Roberts) look into the
room and then her husband. I came to my
self. went to pick up the revolver and the
man said no, let it be. l said, go and get a
policeman and take me, or do something with
me, for d )n't know what to do" and laid
back on the bed again. The policeman came
and asked who done the deed | said, 1T was
me and there is what L done it with on the
floor. 1t is her fault that caused me to come
here and do it, just as was leaving the
house knelt down and kissed my wife, I
felt bad l didn't know then whether she was
dead or not, although they told me she was !
said, ELIZA, you lied to me and deceived me-
and that brought me here tonight to do deed
1 little believed | was guilty Of" 1 was al
ways in the habit of carrying pistol or re-
volyer l have only the natural use of nv
left nand. When left nv vessel that nipht