The Providence news. (Providence [R.I.]) 1891-1906, 1892-10-17
TIMOTHY DAILYS TRIAL
For The Murder of His Wife With a
Flat Iron.
THE INDICTMENT WAS FAULTY
But The Court Ruled IL in and Tho jury
Was Empanellcd-The Defence Will
BE a Plea of Insanity-A Very Brutal
Crime.

The trial OF Timothy Daily, alias John
Doe. charged with the murder of his wife,
Elizabeth Daily, was begun in the Court
Of Common Pleas this morning before
Judges Wilbur and Rogers. Daily is the
man who killed his wife with hat-iron
on the Goth of last February. The
woman was ironing in her husbands
tenement on Kossuth street in this city
when she was suddenly struck by her
husband with fiat-iron from which in
jury she died the next morning at the
hospital Immediately upon receiving
the blow the woman ran down stairs
where she told the people there what had
happened.
The Court was few minutes late in
sitting. and it was nearly 9:45 o'clock
when the prisoner was brought in. He
is man of medium build and wore a
heavy dark brown monstache. His face
was rather thin and bore a careworn.
mingled with sleepy expression. He
listened attentively to the reading OF the
indictment, and when asked if he still
insisted in his former plea of not guilty
he answered in the affirmative, and took
a seat by the side of his counsel, Dennis
II. Sheehan.
The jury as empaneied is as follows:
Henry L. Hail, PROVIDENCE; Silas M.
Lackey, North Providence; William c.
Mason, Cranston; Herbert w. Mowry,
Cranston; Samuel $. Brown. Smithfield:
Scott o. Barnes, Smthfield; Benjamin
Stockweatber, North SmIthfield: Charles
Arrmann. Pawtucket; Samuel Anderson,
Pawtucket; Thomas H. Jollie, Lincoln:
Hxya rfl lay
Curran. Cumberland Mr.. Lackey was
appointed foreman. and the trial pro-
ceeded
The Attorney General opened the case
for the State, and while explaining the
case to the jury, he found that both
date of the death of the woman were
wrong. The assault was committed on
tie 10Th Of February and the woman died
the next morning, the first of March. The
indictment stated that the assault was
committed on the 30th Of February. and
that death resulted on the 3Oth of March.
Mr.. Sheehan asked for the ruling of the
court on this matter, and after some
arguing, during which IL was learned
that the Indictment had been drawn by
the assistant attorney general and that
the attorney general had not seen IL be-
fore, it was held by the court that the
indictment was good il the State could
prove what it alleged-that between Feb
ruary 20 and March 80 the assault had
caused the woman's death. Mr.. Shee-
hans exceptions were noted.
Medical Examiner John W. Keefe tes-
titled that he was called TO view the body
OF Elizabeth Daily on the lst of March at
the RHODE ISLAND Hospital. He subse-
quently made an autopsy and found some
black and blue spots on both arms, an
abrasion on the nose, and a scalp wound
on the left side of the top OF the mead ex-
tending for four or five inches to the back
OF the head.
There were black and blue spots on the
right upper eyelid aud the upper lip was
swollen. Between the scalp and the
skull was quantity of blood extending
over the whole skull, indicating some
severe violence to the head. Beneath the
bones of the skull was clot of blood on
each side OF the head.
=, There was also general congestion OF
the brain itself and n rupture of the
middle cerebral artery of the brain. The
skull was fractured in several places.
There was nothing abn ormal in any other
parts of the body. Death was caused by
compression of the brain, due TO the
pressure OF the blood aud clots, aud prob
ably some pieces of bone.
In cross examination he said he ethought
possible that such wound could be pro-
duced by person falling upon the cor
ner OF stove. The woman weighed
about 40 pounds. lie thought it more
likely that the wound was received by
the application OF some external source.
DR.. Edwin B. Harvey employed at the
RHODE ISLAND Hospital testified To see
ing Elizabeth DALEY in the accident room
of the 18th OF February, soon after she was
brought In. "A superficial examination
revealed tue scalp wound and a fracture
at the base Of the skull. She was uncon-
scious and remained so until her death
apout midnight He dressed the wound.
In cross-examination witness said he
attended Mr.. Daily about this time. lie
was suffering from a wound in the throat.
not lost a great quantity o not