Omaha daily bee., 1883-04-30
The DALI BEE -COUNL,L BLUFFS IOWA MONDAY APRIL 80
FAY'S FATE.
Instead Of Being Hung BE Gets
Only Ten Years in
the Pen.
A Small Penalty for q Brutal
Murder.

What Ia known a. the Fay murder
trial has come 10 q close. The bloody
ARRAY occurred at Carroll last fall, and
the particulars as brought out by the
witnesses indicated Q very brutal mur
der. Fay kept q saloon there and
Msher, his victim, handled freight to
and from the depot. Msher had de.
livered some kegs of beer to Fay, and
stepping into the saloon he asked Fay
to either pay the freight or step down
to the Office and sign the book. Fay
declared he would do neither, and as
Maher insisted Fey invited him to
step outside and they would see who
wal the best man. Maher agreed and
started to open the screen door leading
outside. He remarked II can't open
It," and Fay replied that he would
open 1t, and as he started from
behind the bar to do 80 the
witnesses saw him mako the motions
as II opening q clasp knife. A, Fay
reared Maher, 1t is thought that the
latter saw the knife in his hand, for
he sort Of started back and threw up
one hand, aud In doing so his hand
just touched Fay's breast. Fay at
once struck at him with the knife, cut
ting down through his hat, and b..
sidea a rcslp wound, nearly severed
ono of Makers ears. Maher stepped
back and Fay struck again, cutting
him over one eye, and then as Maher
stepped back, Fey mado o lunge and
stabbed him In tho abdomen, at which
bow Maher fell, and from the effect
Of which he soon after died. The wit
nesses claimed that each time Fay
struck his victim he gave a demon.
iacal yell, and seemed more like
Q wild beast than a human being.
After being arrested Fay admitted
that he had two rows with Maher be.
fore, and remarked that the third time
was always "the charm" and he OK.
pected 1t would come to this. When
told OF bis victims death he remarked
that he expected that 1t was all up
with him too, and In other ways
aeemed to feel that he had committed
On out and out murder and that he
had made some preparation for this
bloody meeting, indicating cool pre-.
meditation.
About the only attempt that could
be made In his behalf was that Of CON.
vinoing the Judge and jury that he did
the act In an almost insane moment,
In the heat Of passion, and the attempt
to excite sympathy, not merely for
himself, but for his wife and three
children, who appeared In court, and
who made q rather favorable impress.
sion by their n and mien, The
widow OF the murdered man was also
In court with her two children, and
no little sympathy was felt for them.
District Attorney Connors prose-
cuted the case and Colonel Daley de.
Tended. The jury were nearly unani-
mously In favor of finding the prison.
or guilty Of murder In the first de.
gree, but one protested 90 strongly
that as o last resort tn, agreed on q
verdict finding him guilty In the SEQ.
ond degree, and recommended him to
the olemenoy OF the court. Judge
Reed sentenced him to ten years in
the penitentiary, the lightest penalty
that could be given him.
He was naturally much pleased at
getting eff so lightly, and will proba.
bly, be content to let the case 40 rest,
without making any attem pt to secure
a nav trial.
Fay Is represented As q man of vio-
lent passions, and when under the in.
iuenoe of drink to be uncomfortable.
He may we'll congratulate himself on
having q little longer lease of life,
In view Of the terrible crime he com
mitted.