Morning journal and courier., 1892-05-05
THE DAVIS MURDER TRIAL ENDED.
ILLINOIS REPUBLICANS CONVENE.

| IALtHUIO TILT VUk1VaUo UUNu6NE.
 Wisconsin Democrats In- d0rse Cleveland. MURDER IN THE FIRST DEGREE.
 Amy Must Die on the Gallows in May of 1893 - Chief Justice Doe Pro.
 nounces the Sentence The Addf. l. tional Evidence Brought In the Case
 Not Sufhcient-The Murderer Says
 the Act Was Not Premeditated.
 PLYMOUTH, N- H., May 4-Murderer : Amy was shackled and handcuffed and
 was brought into court at 9 a. m. Chief
 Justice Doe announced that the case
 against Almy had been opened for further
 evidence as to whether the murder was
 premeditated. The testimony offered by
 by the dc 'ense related entirely to the
 wound inflicted by Amy upon the lower
 portion of Christie Warden's person. It
 has been claimed by the state that this
 wound was inflicted while the muzzle of
 the revolver was inserted in the victims
 body. Amy has always denied this and insisted that the wound was caused by the accidental discharge of his revolver during the struggle in the bushes.
 ] After several witnesses had testified the last article in the petition was taken up briefly, after which the state and Almy's l counsel rested, whereupon Judge Doe, at 11:40 a. m., adjourned the court till 2 p. | m., when brief arguments by both sides l were made.
 During the hour and ten minutes occu- pied by Hon. Alvin Burleigh in his clos 1 ing argument for defendant he called at tention briefly to the experiments of the expert physicians testifying to-day, also to Drs. Frost and Bartlett's testimony relat- | ing their not finding the terrible wound that must have resulted from a revolver | placed in the position they claim. He l closed by giving the judges decisions of letter Christie wrote Amy from Manches- ter.
 At o'clock Chief Justice Doe said the | court would take a recess until decision was reached, when the parties would be notified and come into court, the deputies escorting Almy to his prison cell. After being out one hour Amy, with an anxious look and guarded by deputies, entered the court room for the last time, followed
 
 Chief Justice Doe then read the decision of the court. The judges had carefully considered the new evidence presented and found Frank 0. Amy guilty of mur- der in the first degree. The additional evidence brought in had some bearing on the case, but was not sufficient and the court believed him guilty in the first de- gree beyond a reasonable doubt.
 Attorney General Eastman then moved fnh hor, {l.,, r;e Justice Doe asked Amy if there was any reason why sentence should not be pro nounced on him. Amy said: "Only one word: The murder was not premeditated and the first shot was accidental, and l hope your honors can believe this."
 Judge Doe then sentenced Amy to be imprisoned in the state prison at Concord until the third Tuesday of May, 1892, and on said day, between the hours of 10 noon, within the walls of said prison. to be hanged by the neck till dead.
 Judge Doc then ordered the court room cleared, which was done at once. Amy will be taken to Concord tomorrow morn ing on the 8:10 train ili charge of High Sheriff Brigham and Deputies Mccoy, Hawkins and Clark. The prisoner is very quiet this evening. TREFETHEN FOUND GUILTY. Tho Davis Murder Trial Ended for
 the Present-smith, the Condemn
 cd Mans Alleged Accomplice, Ac.
 quitted-The Jury Out Nearly Two Hours and Kalf-Ex-Governor Long Announces His Intention of
 Filling Exceptions. BOSTON, May 4-After Prosecuting At torney Pillsbury had concluded his argu- ment in the Trefethen- Smith case for the murder of Tena Davis, a recess was taken, following which at 1850 p. m. the judge begun his charge to the jury.
 At 3:4s p. m. the jury retired to con- slider it's verdict, and after being out two hours and twenty-five minutes returned verdict of murder in the first degree against James A. Trefethen, who was charged with killing Deltina J. Davis on December 25 last, and a verdict of not guilty against his brother-in-law, w. H. Smith, who was charged with being accessory to the crime. Ex-Governor Long immediately announced his intention of filing exceptions in the case of Trefethen do so. If these exceptions should not be sustained Trefethen will be sentenced at the June term of the supreme court. Otherwise the case will go over until November. The verdict caused surprise, both to the public and other interests, for | notwithstanding the strength of the cir l cumstantial evidence offered by the gov attorney general it was generally felt that the principal fact-the actual commission of murder-had not been made out. The jury, however, was but comparatively short time in reaching a verdict. The first formal ballot on the count charging Trefethen with murder in the first degree stood Il to for conviction and the second was unanimous for convic-
 ton. Smith was only considered on the charge of being accessory, the first ballot in his case standing 10 to 3 in favor of ac- quittal, the second bein g unanimous. The l scene in the court room when the result | was made public was one which those
 present will never forget. The accused,
 manacled to each other, were brought in
 by deputy and locked in the iron cage
 that serves as the prisoners dock in the
 old Middlesex county court room. Judges
 Mason, Blodgett and Hammond occupied
 the bench, and counsel and spectators
 were on tip-toe of expectation. When the jury arrived the clerk asked:
 "What is your verdict as to defendant, J. A. Trefethen-guilty or not guiltyg"
 "Guilty," replied the foreman.
 ''And what is your verdict as to defend
 ant, W. H. Smith-guilty or not guilty"
 "Not guilty"
 Trefethen displayed not the slightest
 change in feature or demeanor, but re-
 mained calm, as he has throughout the
 trial. Smith heaved sigh of relief. Then
 the court discharged the man who, after : seventeen weeks imprisonment, had been
 declared innocent by jury of his peers
 He shook hands with the man who has |. been his fellow prisoner and the iron door was soon between them.
 l, The wife of the freed man, who Is a sis
 ter of Trefethen, met her husband as he left the dock, her eyes swimming in tears of joy for his release and of compassion ! | for the brother. Then Trefethen leaned over . theiron cage and kissed his sister and his F aged mother, who, as she left the building, could not seem to realize that the trial was l over and that it had brought her nothing = but disappointment. Her grief was quiet,
 but there was no mistaking its poignancy. a Trefethen was removed to the county jail in charge of a deputy, the jury wal dismissed and the court room was quickly - cleared of its occupants.
 THE LOYAL LEGION.