, 1891-06-30
KILLED FOULKS
Chas. P. FiIIebrown Acknowledged
TO be the Slayer.
A Sensation Caused in Open Court
by the Statement.
Self Defense Will be Alleged in Fill
Iebrown's Favor.
Taking of Testimony Commenced
blythe Prosecution.

blythe Prosecution.
IF Charles p. Flllebrown, who stands
charged with the murder of Hiram
Foulks, can convince the Jury that his
story is the truth there seems to be little
doubt as to what the final result of the
trial will be, for it is a story which will
appeal most strongly to the sympathies of
any American jury. The story, as 1t will
be related by the defendant, was told yes.
terday BY Mr.. Stoll, in the opening for
the defense. 1t created no little sur
prise, and was the theme Of general con-
versation about the streets during the re-
mainder of the daY.
Court convened at 9 o'clock, and Mr..
Clark Immediately commenced the open
ing statement for the prosecution. He
placed before the jury the facts upon
which the state would rely for a %convic-
ton. 1t was quite plain from his state
ment that it could be proved beyond
much doubt that Fillebrown was the man
who killed Foulks. The condition of the
pump house, the position of the body.
the location of a revolver which was the
defendants property, were all shown.
Then Mr.. Clark followed the defendant
through his trip south, showing to what
points be had gone, what he had done,
and how he had on one occasion stated
that he had killed a man in Wyoming.
Mr.. Clark was followed by Mr.. Stoll,
who Immediately placed before the jury
the line of defense. He dwelt at some
length upon the law governing cases of
homicide, and distinguished clearly be-
tween the different kinds of homicide. He
emphasized very strongly the law of self
defense, and it was soon evident that the
killing OF Foulks was to be admitted.
Having at length explained the princi-
pies governing self defense, he stated that
this was TO be relied upon by the defend
ant in the present trial. ''Who killed
Hiram Foulks?" said he, in tones of
thunder: Il will tell You.
CHARLES p FILLEBROwN ~
lie then went into the details OF the
case. Fillebrown's early history and good
training were related. Coming down to
the characters of the two men he claimed
that il would appear that the defendant
was of a most peaceful disposition; that he
was never known to be in any quarrel
whatever. Foulks had two traits, a con-
sideration of which would be most i'm
portant in this trial. He was a prize
fighter; and had been on more than one
occasion in the prize ring. He was quar-
relsome, and had more than once been IN
brawls with different people His other
trait was a belief that no woman was
proof against him; hat he could do as he
pleased with married woman alive.
On the morning Of February 10, the day
of the killing, Foulks and Fillebrown
had some converg alton concerning the
formers relation with women. Foulks
during the conversation claimed that he
could get away with any married woman
who ever lived. Fillebrown remarked
hat he Foulks) was too fly for this
part OF the country" With that the
deceased ioully
sLANDERED THE DEFENDANTS SISTER,
whercuDon Hllebrown turned around and
shouted, Hiram Foulks, you are a
damned liar." Then the deceased Jumped
upon him, beat him brutally, and knocked
him to the floor unconscious. When
FIllebrown regained consciousness he
staggered to his feet and at once started
for the pump house, intending to leave
the place at once. On his way to the
door he took down his revolver from its
customary place on the wall. During the
affray a few minutes before Foulks had
said: There, you - @, take
that; I'll use the buggy bar on you
When Fillebrown reached the kitchen
door he saw Foulks coming from the
coal room with a shovelful of coal. and
saw him drop the shovel asd start toward
the defendant. He believed that the de-
ceased intended to get the buggy bar and
strike him with it, and to save his own
life he snot and killed Foulks.
IMMEDTTELY AFTER I'll KILLING
Fil!ebrowne, realizing what he had done,
thought that he would 20 to his father
and tell him the whole matter. But ne
remembered hat his father and mother
had cautioned him against living with
Foulks, and he could not make up his
mind to go to his father and tell him