The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-02-23
FIRSTBLOODFOR MRS. PIERCE
Mrs. Weaver Enjoined from Removing
the Remains Of the Departed Texan.
Some Interesting Testimony Before the At
lanta Court-Mr. Weaver and the Rela-
lions with Mrs. Eden Brought Out.
Atlanta Constitution. Sunday.

Atlanta Constitution. Sunday.
Judge Marshall j. Clarke has decided that the
observation-disclosures body at Westview Cemetry
belongs to Mrs j. W. Pierce. and has issued an
order restraining Mrs. j. P. Weaver from re-
moving or otherwise interfering with the corpse.
The decision of Judge Clarke, however. has
not satisfied the mind of every one as to whose
husband the dead man was. When the Superior
Court met yesterday morning at 9 o'clock the
courtroom was well-flled with spectators. Mrs.
Weaver entered the room with Mr.. Elgin Loeb
rane. one of her counsel. She was neatly dressed
in black and wore heavy cloak. She is an in
fellgent looking lady, light hair and gray eyes.
A few moments after Mrs. Weaver came ID the
room, Mrs Pierce entered with her son and SON.
in-law, J. n. Thompson, who carried in his arms
. pretty three year-old girl, with light, curly
hair. Mrs. Pierce was in deep mourning. and
for some time did not remove the veil from her
face
At twenty-five minutes after O'Clock Gartrell
and Ladsen, counsel for Mrs. Pierce, announced
fheirreadiness to proceed. The bill praying for an
Injunction was read by General GartrelL It asked
the court to restrain Mrs. j. P. Weaver from re-
moving or interfering with the body of J. w.
Pierce. now inferred in Westview Cemetery. In
reading the bill General Gartrell mentioned the
fact of j. p Weaver going to Fort Worth, Tex,
and living with one Mrs Eden. This was too
much for Mrs. Weaver. and she began to cry.
When General Gartrell had finished, Judge
Lochrane read the answer of the Westview Gem
etery Company, one Of the defendants in the
case. The company admitted that on the 9th
day of February they informed Messrs. Gartrell
and Ladsen that after thorough investigation
they were satisfied that the body in their GENE
terry was that of ]. P. Weaver. and that as his
widow was here they would turn the body over
2 her, as she contemplated removing the
mains to Indianapolis. This letter was
Etten by Mr. E. P. McBurney, secretary of
e company. The company had every reason
believe the body that Of J. p. Weaver. The
Notice was given in good faith and with view
@ enabling them to take all legal or proper steps
hey might deem necessary to test the matter
And settle the same by judicial decision.
MRS. Viewers answer to the bill for injunction
WAS read by Judge Lochrane. The answer asked
that the complainant be put on strict proof as to
the marital relations alleged in the bill The an
swer denied every statement and averment in
the bill. She claimed the body most emphati
eRlly as that of her husband. She said there
could be no doubt of the identity of the body
and she desired to have the body inferred near
the home Of herself and children at some future
day, but such was far from her desire at the
present time. She desired the court to give d.
reetion to the administrator on the estate to have
the body properly inferred in Westview Gene
terry, to remain until all and every litigation
growing out of his decease and cause thereof
shall be fully ended and determined She re-
cited in the bill for Injunction restraining all
ties from having the body removed without per-
mission from the court. When she first arrived
Ia the city she visited the cemetery and recog-
nized the body as that ct her husband. She
6rst learned of The death of her husband by let
ter received rnaiieii on the Western and Atlantic
z6ad This letter simply inclosed clipping from
the Constitution and the business card of her
husband when he was in the undertaking bust
ness in the city of Indianapolis The party
mailing the clipping and card must have known
all about her husband. She came to Atlanta,
feeling satisfied that it was her husband who had
been killed, as she knew he was in this part of
the country, as on the 18th Of November he had
mailed a letter to her father He desired to keep
secret his whereabouts on account OF the trouble
with Eden. and by his request, she addressed him
as j. w. Pierce. She was married TO j. P.
Weaver by John s. CULVER, pastor OF the New
England Congregational Church, Of Chicago. HI
In 1867, on Feb %. Weaver removed to Texas
in 1883, taking with him about $8, 600. He re-
turned in February, 1884. and was shot by
William Eden, the husband Of the woman with
whom he had gone off, The wound was in the
back of the neck. DR.. Leroy s. Henthorne
ined the body when it was exhumed at West
view, and recognized 1t as that of j. p. Weaver.
her husband. She referred to the affidavit of
Dir. Hedges, the undertaken with whom Weaver
Of Weaver. Mira Weaver said that while her
husband was sick she had suspicion Of his fidel-
ity aud kept watch upon his correspondence. She
sncceededin getting hold OF letter to Mrs. Eden.
and. handing the letter to him. charged him
with his infidelity. He acknowledged all and
Ia w In n
with COL G. FL. Murdoch, running the Grand
Central Hotel at Fort Worth. When he recov-
cred sufficiently he went to Fort Worth, and
there she found him living with Mrs. Eden. He
was going under the name of j. w. Pierce. She
had him arrested and he was fined 81, 900, of
which amount she received $500.
Mr. Ladsen, for Mrs. Pierce, read a number of
nfidavits.. G. W. Belton, who was with Pierce the
might of the wreck. testified that he had known
deceased some time. and that the body in the
cemetery is that Of j. w. Pierce, of Texas.
Pierce could not read write
Mr. Lovelady. Of Texas testified that he knew
J. w. Pierce we'll. He never kept hotel at Fort
Worth, and could not read or write. He went
TO the cemetery and recognized the body OF de-
ceased as that Of j. w. Pierce.
The affidavit of r. l.. Jones showed that he
had written several letters for Pierce. He wrote
to John Answorthy in reference to Gypsy, the
Arabian mare, which Pierce had bought. He
had found him an honorable and agreeable gen.
teman
Fl. A. Purtell book keeper at Lowry's bank, said
that in dealing with Pierce, Pierce always sign
cd his name with a cross. John Lucky. clerk of
the county court, from Green county, Texas.
said he had known Pierce for the past FIVE years
He had never kept hotel at Fort Worth, and
sould not read or write. A. w. Littiepage had
known him since 1882 j. w. Hawthorn had
known him for the past four years. S. 0. Daily
for three years, H. Enerick for several years.
and a number of Others all following in tho same
line as to his being iliterate and never running
o hotel at Fort Worth
by consent of counsel. the two ladies were al
lowed to take the stand and testify. But before
doing this, Mr. Ladsden read the marriage
HcsDse showing that j. w. Pierce and Mrs A. B.
Dec. 10. 1879, by Rev. j. P. Massett
Mrs. Pierce was conducted to the stand and
said: Il was born in Tennessee, and moved to
Texas in 1855 My first husband. Joe G. Hardy
died in 1874 and married j. w Pierce in De-