The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-04-04

She found him living, under an assumed
name, with the Carroll woman, he having
also bid gOod-by to Mrs. Cawley, and events
led up gradually to the homicide. After
the usual preliminaTies Mrs. Failing was
tiled, but the jury failed to agree. Her sec
ond trial ended yesterday and more favor
ably.
The arguments of counsel were concluded
at o'clock in the afternoon. Judge Van
Reynegom then delivered long and elabor-
ate charge, and at 4 :55 o'clock the case was
given to the jury and in exactly five minutes
it returned with verdict
A DESERTED COURTROOM.
When the jurors filed into their seats the
courtroom was almost deserted. By the
defendant sat her young daughter, bright,
rosy-cheeked girl, who has been in court
every day since the trial began. Through
cut the case she has manifested the deepest
interest in the proceedings against her
mother.
Immediately behind Mrs. Failing were
seated, in semi-circle, about dozen of her
close friends. They have also been con-
slant attendants. and their presence seemed
to give the defendant hope. a few loung-
ers were seated in the lobby drawn there
out OF morbid curiosity over the possible
fate Of woman accused Of the highest
crime known to the law.
There was deathly stiffness in the court
room when Clerk Days called out, in dis
tinct voice, the names of the jurors who had
sworn to do full and impartial justice. AS
the names were told off Mrs. Failing moved
forward in her chair, and was visibly agi-
tated. Her face was CHASTITY palloT, and
her lips trembled as she awaited the answer
to the clerks query;
ANNOUNCING THE VERDICT.
'Gentlemen, have you agreed upon a
verdict?"
I'VE have"
Every ear was strained to hear the reply
fG the OOpStipO " biia tba 1aTa dar "a
eyes were dOwncast.
What is ito"
Here one of the jurors handed the clerk a
piece of paper.
ground OF insanity read the clerk in a
loud voice.
The defendants little girl listened in
tentlv, seemed daZed, and then, evil
IDENTITY misconstruing the purport of the
verdict threw her arms about her mother
My mamma! Ny mamma! 1 can't let
them take you'll"
She then tainted, but in a moment re-
viyed and cried:
"Oh, mammal Oh, mammal" but the
sentence remained unfinished. She had
fallen into swoon, cIinging convulsively
to her mothers neck.
Water was applied to the girls head AID
lips and she regained her senses, only to
fall into another spell. Her limbs suddenly
faded, and with lifeless thud she fell to
the floor, dragging her mother with her In
the tall.
CONSERVATION CREATED.
The intense strain of the trial and the
dreadful miseonception of the child worked
so on Mrs. Failng's sensitive nature that
she too suddenly fell over. All the vitality
IN her seemed to nave flown, and in a mo-
ment she lay as stiff and dea:h-like as her
daughter.
BY this time all was CONSERVATION in the
courtroom. The affection of the Child so
pathetlcaliy shown was too much for the
soft natures of Judge, jury and attorneys,
and their eyes glistened with moisture But
the sadness OF the scene gave way soon to
apprehension that some serious result might
ensue, and dozen hands assisted in re-
YlYlDg the unfortunate pair.
My child Oh, my child is dead p
lamented Mrs. Failing on regaining her
senses.
No, here l am, motherp' replied the
girl, and then they Rugged each other con-
vulsiyely.
When both were fully restored they began
to cry, and sobbed, leaning on each others
shoulders. Mrs. Failing was again seized
with hysteria and fainting, and complained
OF her heart. Once more the blood left her
cheeks and she tainted. At length she re-
covered sufficiently to thauk the Jurors
through her sobs and was then led away.