Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1886-06-28

there. He didn't provide victuals fit TO eat and
took some of her things and sold them.
q. Hsu wrote his daughter Matte some pref
ty bad letters, didn't yOus
A. Then let her behave herself She was
putting the devil into her father
Q. How many letters did you writer!
4. Two.
Q. Nice letters weren't they? Didn't say any
thing hurting anybodys
A. No; told her she'd better stop stealing
my things. He took my shawl and other things
and gave them to her.
@. Would you have hurt them if they had
come to your house:
A. No; they did come and were as good as pie.
IF there is anything in the letters about hurting
them they scratched it in themselves.
She described their last fight in detail.
She said Tyrell kept an ak setting at the head
of his bed, but she had set it out in the Kitchen
where he grabbed it and threw it at her in the
quarrel May "a. He slept down stairs and she
slept up stairs. He tied the door between them
not with a rope, but string. There was a new
ak in her room. He put it there.
O. He was afraid you would come in and kill
himf
A. May be so, but he was mistaken.
O. Didyou ever get up in the night and 90
down TO his doorY
A. No; but he came into my room and put his
hands on my face, and l smet something like
whisky and he was trying to chloroform me-
couldn I sleep any more that night. / sat up on
the bed all night. thought he was going to kill
me.
q. But he never did kill you You lived with
him eight years and had many fights and got the
best OF him. You could handle him very easily?
A. Notyery
He tried to poison me. He got bottle of dirty
stuff he said he got of DIR. Zegler, and wanted
me to take it but l wouldn't, because l didn't
know what it was He pretended to pour some
INTO teacup and take some himself, but he kept
1t behind MIN so couldn't see him pour it, and
| saw the teacup, after he pretended to drink,
and 1t never had had any medicine in it.
q. Did that make you think of killing him!
A. No; never thought of killing him till
just did to save my life.
q. Why didntyou go to the neighbors to save
your lifes
A. Folks told me to stay at home and not let
MIN drive me off. Mr.. Orr's partner told me So
z. You were not very much afraid of hims
A. No; thought would defend myself or
spill my hearts blood
The cross-examination was carried on
to greater length, but lack of space
preludes our giving any more of it.
The examination of Mrs. Tyrell
closed the testimony in the case. The
counsel on both sides said they did not
wish to argue the case.
Justice Baldwin said he had expected
argument, especially on the distinctions
between the degrees of manslaughter.
This case was evidently not murder.
There was no evidence of premedita-
ton. Nor did it seem that the woman
had any particular fear of the man.
The question arises whether it is iusti-
fable homicide, whether she exercised
more violence than was necessary to
get away. Of course, some allowance
must be made for her excitement. He
thought that point which jury
ought to decide. That some violence
was justifable this court will not (and
he thought no jury would) deny. 1t is
evident that Tyrell intended great bod
lily harm. The question whether she
really meant to kill him is question
this court will not decide. If it was in
voluntary killing it would be man.
slaughter in the fourth degree. He
thought it his duty from the evidence
to bind the woman over to appear at
the circuit court to answer the charge
of manslaughter.
After some argument by the counsel
as to whether the justice should define
the otfense for which the prisoner was
to be committed, the matter was re-
ferred to Judge Clementson. The
woman was bound over to appear at
the next term of the circuit court and
answer to the charge of manslaughter.
The bail was fixed at $1,000 and was
given by o. j. Day, George Day and
F. S. Kidd.
E. |. Kidd was appointed special
administrator of the estate. A general
administrator will be appointed.
The bill for the relief of Fitz John
Porter was ,.aachad in tho Conoto