The record-union., 1892-05-20
KILLING or ABElLLE.
LINE OF DEFENSE IN THE TRIAL
OF DEACON.
Facts Connected With the Case as
Recited III the Ac-
cuSatiCn.
SpecfaI to the REcoRn.uNGoN-

Special to the RECORD-UNION.
NICE, May I9.-After a final interroga-
ton by the Judge de instruction to-day
Deacon held a conference with counsel
and the line of defense was arranged for
to-mOrrow's trial. The defense will be
justiiable homicide. When under eX-
animation Deacon rather prejudiced his
case by expressing regrets for AbeilIo's
death, adding that he was ready to and
thought he should suffer some form of
punishment. He probably made the
statement unaware OF the fact that unless
acquitted verdict Of murder with ex-
tenuating circumstances implies at least
three years imprisonment. The counsel,
who were confident of his acquittal. say
the indiscreet admission will not preju-
dice the case.
During the examination Deacon and
his wife conversed in English. Deacon
upbraided her for disgracing the family.
The wife appealed to him to cease the re-
breaches, admitted guilt with Abeille
and pleaded with her husband for for
giyeness. Deacon reiterated mo, never"
The Judge, knowing the English
language, obtained considerable informa-
ton, but took no advantage of what he
learned.
The accusation recites facts already
the accused. Abeille Is described, after
an introduction to the family. as losing
no time in becoming Intimate with Mrs
Deacon. His aSsiduities, says the acte.
became so indiscreet that they forced her
husband TO suspect Abeilie had deceived
him. The husband saw details which
convinced him that his wife was deceiy-
ing him. Instead Of taking strong meas
ures himself, he was disposed to get the
police to interfere, but the difficulties he
encountered obliged MIN to abandon the
course.
The accused arrived at Cannes on Feb
ruary 18th, to Join his wife and family
on the 18th they were to go to the Splen-
did Hotel. The incidents of the eventlul
night are consecutively narrated. At
midnight Deacon goes to the door of his
Wife'S rooms, and hears u noise which
couyinces him that she is not alone He
returns to his own room, gets revolver,
and at the same time warns the secretary
of the hotel, who goes with him. At
madame's door they wait three minutes
madame opens the door in her night toll
cite, holding a candle in her hand She
tries to calm her husband. but in vain
Thinking it his duty, he enters, despite
the resistance of his wife. discovers a
man whom he recognizes as Abeille and
fired at him three. Whilst Abeilie
! raised from the floor the accused asked
! the secretary to note the material facts,
! establishing in 1lagrante delicto adultery.
/ The acte, in concluding, says: The ac-
| cused pleads no intention TO kill, but that
the fury with which he fired thrice at the
! victim does not admit of the allegation
| The only disputable point in the defense
is whether, as he pretends, he really sur
! prised his wife in fagrante delicto. The
| madame denies it. Abeille was either
not able, or did not desire, to furnish any
/ explanation.
Although in the inquiry the Judge
proved there was much to set aside the
| aggravation of circumstances of premedi-
tation, the proof was sufficient to justify a
! charge Of voluntary homicide