Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-04-20

NneTe Il uON4IuS uIOD BTSctcU liIcni,
| pulled their clothes, Knocked andthreatened
| to lynch them. But they were lodged
| safely in the jail of the town where they had
! formerly been the leaders of society and re-
manned there q number OF mouths during
the preliminary hearing, and until they
were afterwards taken 20 Greeley, where
! they made application for change of venue
and for admission to bail.
Bail was not granted them, but when
they were finally removed 10 Denver they
We're permitted to return TO their old home,
| where they are now living in the custody
of d deputy sheriff. The deputy lives with
them as their guest and they seem 10 be en-
joying life very well, considering the cir
cumstances in which they are in.
The prosecution had succeeded in draw
| ing about the prisoners net of clrcum-
stances from which there seemed no posi-
bic escape. But still the evidence was
purely circumstantial and the defense has
been fully equal to the emergency. The
defendants tell a rather remarkable story.
Long before the prosecution had pre-
sented their case IL had begun to appear
that the evidence. particularly in regard to
the relations of Mrs. Avery and her lover.
was made up for the most part Of the Fort
Collins gossip Witnesses testified that
before Mr. Averys death Mrs. Avery
had been engaged in making a large
amount of underwear that she kissed Frank
Millingtcn's picture; that Ollie Wilmington
ate arsenic for her complexion; that she
had come to Fort Collins in disguise; that
Frank AlillingtOn's favorite flower, the
jaCqueminote rose had a prominent place
among the floral offerings at Mr.. Averys
funeral; that Mrs. Avery had dreamed of
her husbands death. and that a fortune
teller in Omaha had told her that she was
not to live always with Mr.. Avery
The fact of the finding OF the poison,
however, seemed the one thing it was i'm
possible 10 explain.
In inswcr to all these the defense told a
long and strange story. Mrs. Avery said
her husband was cruel. Her little daughter
Pearl, thirteen years old. corroborated the
story. She said she had long contemplated
a divorce: that she and Niliington had
been in love for more than year. In June,
1859, they had confessed their love, and
recognizing the anaGolOus position in
which they were placed had broken of with
each other and Millington had left the
country
But Millinoton returned. Avery's cruelty
increased, ii was finally agreed between
them that Mrs. Avery should get a divorce
and they should marry Mrs. Avery says
that she went TO Denver to consult law
yer. but finally returned TO her husband an
other month with the understanding if at
the emf OF that time she could not live with
him he was to permit her to secure
divorce amicably under the loose laws of
TO wait until the divorce was granted.
While he was absent he induced his sister
to act as an cmissarv between him and
Mrs. Avery. It WAS while he was East and
whie Mrs. Avery was waiting for her
promised month of probation to end that
Mr.. Avery was taken sick and died II was
during that time that Ollie Millin.ton,
passing between Mrs Avery and her home,
Went 10 Fort Collins in disguise. 1t was
during this time that the kilograms upon
which 50 much stress has been laid passed
between Mrs. Avery and Millington through
Ollie Millington.
When Mrs MillingtOn went On the stand
she told Il remarkable story Il story so
human, so natural, so full of pathetic Incl
dents that members of the jury broke down
and cried. II exhibited her as 4 woman
misunderstood, woman of true instincts
afcctoudte, kind, but with all the mistakes
aud fOllieS of 4 sentimentalist. Her devo-
ton to her husband during his sickness has
been unquestioucd. The last words he
Sa'd to her We're: BE good TO Mary
Il felt deeper SORROW she said, when
Mr. Avery died than l would if we had al
ways lived happily together. But when he
uied | was left alone-all alone His people
always hated me. They all turned against
me when he was gone. Perhaps l should
not have gone to Denver to see Mr. Milling
ton if they had not all deserted me-"
She admitted that she had been at fault,
but plead that her fault was human
And then AlillingtOn went on the stand
and told his version of the affair. He had
4 friend in Fort Collins. That friend came
TO him in Denver, slept with him. drank
with him and to him AlillingtOn told all his
story, that he had loved Mrs. Avery;
thai he hoped some day 10 marry
her. This friend advised him
strongly 10 marry her. He told him that
she was suspected of poisoning her huG-
"a = "a bgt ba
should marry her to protect her. At this
time Millingtur did not imagine that he.
too, was supected. He went to Mrs. Avery
and urged her to marry him. He used the
arguments his friend had put in his mouth.
With u woman'S sense of propriety she in
sisted the marriage should be kept a secret
until the difficulty actually came, then he
could announce the marriage and step for
ward as her protector.
Il thought said Millington. that for
one could show the people of Fort Collins
did not think her guilty.
So one of the most convincing links in the
chain of circumStances-the marriaEe-was
forged about them. the man who had acted
as Frank AlillingtOD'S friend, but had in
fact gone there as he confessed on the
stand in the double person OF friend and de-
tec;lVe.
In regard to the finding of arsenic, the
defense tell strange story The first ex-
animation of the body discovered no ar
seuiC. The viscera that remained after
this examination were buried in the college
yard. After they were dug up and re-eX-
amined it was learned that icy had been
heated with sulphuric acid to h the stencil
while they We're rotting in the ground
The sulphuric acid it was proved con-
tanned arsenic. The earth about the yiScera
was also found to contain arsenic
With regard to the arsenic found in the
bones and muscles, il appeared that there
was arsenic in the embalming fluid: that
there was considerable more arsenic in the
muscles next to the femural artery where
tine fluid was injected, than in other por-
tons of the body. The theory was that of
the post mortem injection of the poison
This IS the story upon which the de-
Tense rest their case. If it is true,
young Frank Millington, his wife and this
young girl, his sister, are the victims of
one Of the most remarkable series OF cir
cumstances in the annals of courts.
If 1t IS not true, and these persons are
guilty of murder, the Alillington murder
trial offers an instance of one of the
Strangest poisoning cases that the books
record.
II is expected that the trial will close next |
week. There is the most intense interest
in the case all over the state. 1t is said that
the expense OF the long trial will well nigh
bankrupt Laramer county III which Fort
Collins is situated.
The majority of the state papers are I'M
hesitating in pronouncing the trial a farce
and piece OF legal persecution.
Laramer county is, however, convinced
beyond 4 shadow of j doubt of the guilt of |