The morning call., 1892-05-20
DEACON'S DEFENSE.
His Case to Be Heard in the French Cour
TODAY


To-Day.
NICE, May 19-After the final interroga-
tion by the Juge d'Instruction to-day
Deacon held a conference with his counsel,
and his line of defense was arranged for
to-mOrrow's trial. The defense will be
iustifable homicide. When under examina-
tion Deacon rather preiudiced his case
by expressing regrets for Abeille's
death, adding that he was ready to
and thought be should suffer some
form Of punishment. He probably made
this statement unaware of the fact that un-
less he was acquitted of the verdict of
murder, with extenua ting circumstances"
it implies at least three years i'm
prsonment His counsel, who is confident
Of his acquittal, thinks this indscreet ad-
mission viii not prejudice his case.
During the examination Deacon and his
wife conversed IN English. Deacon up
braided her for disgracing the family.
His wife appealed TO him TO cease his re-
proaches. She admitted her guilt and pleaded
with her husband for forgiveness. Deacon
reiterated, No never" The Judge, under
standing the English language, obtained
considerable information, but took no ad-
vantage of what he thus learned.
The acte d d'accusatiOn Tecites the facts al
ready known and puts the case favOrably for
the accused. Abeille is described as after his
introduction to the family as losing no
time in becoming friendly with Mrs. Deacon.
His assduities, says the acte, became
so indiscreet they forced the husband TO
suspect that Abeille was deceiviDg him.
The husband saw details which con-
Yinced him that his wife was deceiving him,
and instead Of taking strong measures him-
self be was disposed 10 get the police to in
terfeTe, but tie difficulties he encountered
Obliged him to abandon this course.
The accused arrived at Cannes February
- to join his wife and family. On the 18th
they went 10 Cannes, stopping at Hotel
Splendide. The incidents Of that eventful
night are consecutlvely narrated At mid
night Deacon goes TO the door Of his wife's
rooms and hears a noise which cOnvnces
him that she is not alone. lie returns to his
own room TO get his revolver. Mt the same
time he warns the secretary of the hotel,
who goes with him. At Madame's door
they wait three minutes. Madame opens
the door in night toilet holding 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, discovered
man whom he recognizes as Abellle and
fires at him thrice. Whilst Abeile raised
himself from the floor the accused asked the
secretary to note the material facts estab-
fishing his case"
The acte, in concluding, says: THE
accused pleads no intention to kill, but
the fury with which he fired thrice at
his victim does not admit Of this allegation.
The only disputabe point in the deIense is
whether, as he pretends, he really sur
prised his wife with Abelle. Mrs. Deacon
denies it, Abeille either was not able or
did not desire TO furnish any explanation.
Although the inquiry of the Judge proves
that there was much to set aside the aggra-
waiting circumstances. the proof Of pTemedi-
tation is sufficient TO justify the charge Of
voluntary homicide, which is punishable by
articles 295 and 304 Of the Penal Code"