Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-05-26
THE DEACON TRIAL OPENS
Story of the Crime as Told by
the Prisoner.
REVENGE FOR A RUINED HOME
Deacon Evidently Anxious
Over His Probable Fate.


fr1al OF MI. EDWARD Harker Deacon LOT tne L
shooting of NJ. Abeille approaches, public |
interest in the case is revived. Alexander |
Dumas has written letter, in which he |
reminds Mr.. Deacon that the divorce law |
has existed in France for the past decade. |
The crime, NJ. Dumas holds was without |
legal excuse. He does not, however. insist |
that Mr.. Deacon should be condemned for |
his crime, if juries are really resolved not |
TO again condemn prisoner for an offence |
of that character, but, he says, for the sake
Of principle, Mr.. Deacon might be con-
demned under the Beranger law. He
points out that, if Mr.. Deacon was con-
victed under this law, he would only be
Obliged to undergo his sentence in the
event of his repeating his offence This
would be equivalent to an acquittal, for
the records do not yet mention case of
husband killing second lover of his wife.
M. Dumas adds that husbands would thus
be warned that they have only the right to
repudiate unfaithful wives, and that If
they shed blood they are liable to be dealt
with as ordinary assassins.
Deacon, after the final interrogation by
the judge d'instruction to-day, held con-
ference with all his counsel. The line OF
defence was arranged for to-morrow's trial
NJ. Gorand opens for the accused, and NJ.
Demange, whose powerful eloquence has
potent INFLUENCE over lurIes,. will close for
the defence. Nj. Goirand will present the
legal aspects of the case. The defence will
be justifiable homicide.
Deacon, when under examination by
the justice, rather prejudiced his case by
4 expressing regrets for the death of Abeille,
adding that he was ready to and thought
he should stand some form of punishment
He probably made the statement unaware
of the fact that, unless acquitted verdict
Of murder with excavations implies at
least three years imprisonment. His
counsel, who are confident of his acquttal,
consider that this indiscreet admission,
made under strong emotion before the
judge will not prejudice his case.
An extraordinary instance of the Justices
discretionary powers is reported as occur
ring when Deacon and his wife were
together under examination. Deacon up
braided her in English for bringing dis
grace on the family. The wife appealed to
him to cease his reproaches, admitted her
guilt with Abeille, and repeatedly pleaded
with her husband to forgive her. Deacon
eiterated, mo, never"
The Justice allowed the scene to proceed,
listening with open ears. The deacons, I'M
aware that he knew English, spoke out
what they knew aud felt. For some good
reason the justice has not takep full adj
vantage of what he heard. Both she wifc's
deposition and Deacon's acte d'accusation
are prepared from direct questioning. he
Justices specially acquired information
only slightly influencing theluestions.
The acte d'accusation recites a number of
facts already known. The most striking
feature is the favorable manner in which
the case is put for the accused. Abeille is
described, after his introduction to the
family, as losing no time in becoming init
mate with Mrs Deacon. His assiduities
says the acte, became so indiscreet that
they forced the husband to suspect that
Apeille deceived him. The husband saw
details which convinced him that his wife
was deceiving him.
At midnight Deacon goes to the door of
his wife's room andahears a noise which
convinces him that she is not alone. He
returns to his own room to get revolver.
AT the same time he warns the secretary of
the hotel, who goes with him. AT madame
door they wait three minutes. Madame
opens the door in her night toilette, hold
ing candle in her hand. She tries to
cain her husband, but in vain. Thinking
il his duty, he enters, despite the resistance
of his wife. He discovers a man whom he
recognizes as Abehle and fires al him thrice.
The acte in concluding says that the
accused pleads no intention to kill, hut
that the fury with which he fired thrice at
his victim does not admit this allegation
Although the inquiry of the justice proved
that there was much to set aside the aggra
Walton of the circumstances Of premedita
ton, the proof issue is sufficient 10 Justify
the charge Of voluntary homicide, which
is punishable by articles 295 and 3O4 of tn,
Penal Code.
NICE, May 20.-The Deacon trial opened
at $40 O'Clock this morning before tn
assize court Of the Alpes Maritime. Tn
court was crowded. Mr., Deacon's answe
to the questions put to him by the iudg
were in accord with the statements mad
by his brother in a recent interview, til
details of which were cabled TO New York
Whatever the verdict may be, there is IL
chance of reconciliation between Mr., an
Mrs. Deacon. The former is determine
70 applyto the Paris tribunal for deliver
anoe.
Mr.. Deacon was brought into the coul
room by two gen darmes, who escOrte
him to the prisoners bench and then too
up their position one On each side Of hin
AS he entered the room all ewes were d
rected upon him. The stories that ha,
long been current as to his indifferent
over the killing or as to the results of h
trial were belied by his aspect. PABLO
caused either by anxiety or i'll healt
marked his features He looked Moth,
to the right nor to the left, but conceI
trated his attention upon the judci
bench.
Mr.. Deacon is about 80 years old. lie
tall and his thin hair is showing gri
about the temples. That he was nervou
was declared by the frequent spasnod
contraction of his eylids and his mout
tones and with thorough ease he
sponded, in perfect French, to the gu,
lions.
Mrs. Deacon, who had been formal
cited TO appear, was not present. All t
other witnesses replied as their nam
were called. Mr.. Deacon recounted /
y relations with his wife from their maria
until 1880 Their life, he said was hap
, one until they made the acquaintance
Abeille. That was in 1857 Achilles Wis
= the Deacon home were at first rare, /
" subsequently became so frequent ii
bjected. Finally these visits led to t
ing Of the happy domestic relate
cen himself and his wife.
AS the questioning was continued y
Deacon made bad breaks in his fren
and his language became less accurate
J court thought it better to secure the scrv
of an interpreter, and thereafter Deac
gave his evidence in English
c Continuing his testimony he said Il
after his suspicious were aroused vol
scenes between himself and his wife
came frequent. His mother-in-law Q
his brother-ln-law were Informed as to
state of affairs. They said that iralo
was at the bottom Of the trouble and 60
selled moderation. Acting on their
vice, he renewed his amicaDle relai
with Mrs. Deacon. but at the same time
resolved to watch her closely.
Mr.. Deacon told detailed story Of
attempt to induce his wife TO put an en-,
her relationship with Abeille and Of
failure TO so influence her.