The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1888-03-16
= UILTY OR NOT GUILTY.
Myra COnley, COL, on Trial for
the Murder of Samuel
Sumner.


Summer. was called for trial.
Messrs Jones and Shuford and
Hvury Hardwicke appeared for the
accused. y bile Solicitor Moody, as
sisted 10y Garland ). Ferguson, rep
resented the State The special We
nire Of one hundred mep were AL
ready in court and the selection OF
jury 10 try the HARse was begun
| with. The regular panel WAS eX-
hausted after three jurors had been
accepted, and Ia: special veaire was
sworn IN. At fifteef ,.ninutes%past
one o'clock Tie jury had been CONS
pleteG, and was comp"as Il Of the
following: Robert Owcn!'y, Il. W.
{. Hughey, J. W. Elanp, W. 5.
| Couk. J. NJ. Davies, D. H. Wild, J
7. Spivey, NJ. NJ. Sluder, A. f. IngIe,
J. n. Hyatt, NJ. r. Roberts and A.
H. Frlmet. The jury wa then en-
pan4led and the bill of indictment
read 10y tie Solicitor.
At this juncture the court took a
r-cess until 2.3O O'Clock.
At 2:3O o'clock the case was
opened by the Solicitor introducing
Dr. J. A. Burroughs rs FIST witness
for the State. Dr.. Burroughs testi-
fed as to having been the physi
cian in attendance upon Mr.. Sum
ner; made eXami alton il about
twenty or thirty minutes atlel
wound had been inflicted; dIscoY
| cred Il wound, apparently made by
knite. about an inch III length U-t
| below left shoulder il, hact; OF de-
ceased; stitched up w"und; SAW the
lrce.ss d ext day: discovered that
the lun2 had been injured; pus was
forming ii large quantity; cHt one
stitch TO allow discharge OF pu>; in
troduced NJ s drainage catheter to
aid in tn" drainage Of puS, etc.
Cross. examined at length by coun-
sci for the defence. Made fail ex~
PLANTATION of nature and character
"l wound, particularly desert Ding
treatment, etc, etc.
+. A. Sumner was next sworn.
testified 10 having heard dying Gee
laration of his futtel; father had ex-
pressed but few regrets at dying, but
hated to have been killed by a ne
r. woman; this declaration was
made hetweem 4 and o'clock Fr
day afternoon; father died at 9
O'Clock Saturday morning; witness
went To Hend-rsnn> lille that n'g t;
resides there: chi q was sick with
Group: witness returned next d.,y 1T
, o'c.uck: father had died; knew
,o,hjug ilylher about The case.
{ rrs<-s xtiuin>d witn-ss stated that
| me had i.&. conversation with Dr.
| Burroughs: WAS told that his father
cou;J nur live long; wanted to get
! diving declaration because he
| though: tAis thing Che mugder)
would come up il court, and he.
witness, wuuId hG wanted as i wit
ness iii tie trial; had not been he>
fore grand inry; told Solicitor about
decla1atio Oh Saturday previous 10
court; knew nothing more concern
ing the affair
Jesse Dial, c0lored, teing sworn
said: Was emp. Dyed by the decd
| III his restaurant at the time OF The
homicide; was present when alter
cation ers ed lew w-rn de~
tend n and deceased defendant h d
come IN after o, sters, accomps MED
by Fannie Lawson; Myra didn't
eat any oysters; was G'larreliiug
with Fillmore Erwin. the cook; de-
fenuant drank IA goblet OF whis!i' Y
given her by William Gillespie, a
waiter; Mr.. Sumner t I'D him to tell
defendant and the Lawson woman
to get through and get out, that he
wanted to close up; deceased Lad
told witness that he would send out
Tor beer and treat the boys (mean-
ing his employts); defendant started
out; deceased picked up piece OF
stove. wood and started toward
| door. Next thing witness saw was
Myra's arm upraisrd IN striking no-
sition; saw something like knife
blade in her hand; pushed deceased
through partition door with one
hand, and thrust defendant aside
( with the other; defendant then
went out, and deceased went over to
| beef market; deceased came back
shortly atterward accompanied by
his son, I. J. Sumner, and said he
believed he Was cut; witness pulled
of bis shirt and found stab below
lIeit shoulder. VIII eSs describe ]
tie position Of defendant ard de
ctase;: at time blow mas struck.
| Vim. Gillespie was mex: sworn
whose te.timouv WAS materially
the same as that Of the previnu:
witness, with the exception thai
af'er the fuss he had gone to Bur
Greeniee's house with the defendant
aud she had thee said she haC
raised h-lI at Summers and wa.
going to raise h-ll here" Green
lee's) Witness testified On cross
examination, that he had had NJ
conversation with other parties il
which he had said "if it had no
been for me Sumner would hav
killed Myra with the stick of wood
or cut off her head with q butche
knife"
/ The State then at ten minute
| past O'Clock, rested its case, ant
the testimony for the defence wa
; begun with Lou Grimes (colored1
: on the stand.
Witness testified that Gillespl
, had told her that If it hadn't bee
: for HIM the deceased would hav
cut Myra's head off with a butehe
knife; this was sunday after th
homicide; witness got in bugg
with her husband and came I
il town. On cross-examinatIon wi
ness said she had been in Ashevil
five years, came here from States