The morning call., 1893-11-07
in A JORYS HANDS
Nellie Horizons Case Now
Submitted.
NO SPEECH FOR THE DEFENSE
Eugene N. Deuprey Deprived of
His Chance.
HEYNEMANN'S CLEVER MOVE.
The Defendant Gives Way Under the
Strain and Is Obvious of All
That Happens.
NO SPEECH FOR THE DEFENSE
HEYNEMANN's CLEVER MOVE.


yesterday and her fate is in the hands OF
twelve men. sworn to weigh the evidence
carefully and decide whether or not she
should be punished for the killing of
Charles r. Hagans on July 9 last.
When court assembled yesterday morn
| ing it was expected that the who day
would be consumed by Attorney Heyne-
mann in an elaborate rhetorical effort to
clear his client of the charge placed again st
her. Eugene n. Deuprey, special counsel
for the prosecution, was there prepared to
follow Mr.. Heynemann with an Grafton
that would leave no room for reason able
doubt in the jury's minds of the guilt OF
the prisoner. But an unexpected move on
the part of the counsel for the defense in
terfered with these arrangements and sent
the case to the jury at least twenty-four
hours earlier than it otherwise would have
gone.
Mr.. Heynemann addressed the court
and stated that he did not propose to an
swer the opening speech of Assistant Dis
trict Attorney Black, but was prepared to
submit the case without further argument.
He cont" nded that under the circum-
stances Mr. Deuprey should no: be per-
mitted to deliver the closing address.
There was brief consultation among the
attorneys concerned, the result OF which
was that the case was declared closed, and
submitted without further harangue.
This unexpected turn in affairs took
Judge Wallace by surprise and caused him
to order recess to be taken until the
afternoon, as he was not prepared to de-
liver his charge TO the jury. Mean while
the defendant sat beside her sister. in an
apparent state of complete Dervous pros
tiA ait hnr v,,nu od M ND
many sympathetic as well as curious
| glances were directed at her by the assem-
bleG throng of spectators that crowded tn e
courtroom.
In the afternoon Judge Wallace entered
court armed with formidable sheaf of
| fooscap, from which be read an eloquent
and carefully prepared charge to the jury.
He outlined the case briefly, and dwelt for
moment on the question of Nellie Hor-
tons insanity at the time she committed
the fatal deed. Then upon the question of
sef-defense the Judge dwelt for some con-
| siderable time. cautlOning the jury that if
they thought from the evidence that the
defendant killed Hagans in defense either
Of her life or her person, verdict OF &C
quiital must ensue. His Honor dwelt
rather long upon the superstition that the
defendant would Of necessity be just as
likely to perjure herself on the witness
stand as the relatives of the deceased who
testified for the prosecution; but in the
end he put the law of the case very clearly
before the jury.
The jury retired at half-past to DELHI
crate. and as when haif-past had struck
there were vet no signs of an agreement
Judge Wallace, remarking that the evil
dence in the case was most volumnouS and
would theref re take long time 10 sift
ordered the jury into the charge OF two
deputy Sheriffs, with Instructions thai
they were TO be made comfortable for the
night
at 10 o'clock last light the Jurors were
taken to the Baldwin Hotel, where they
will be kept until court opens this IN orn-
ing. II was reported at that hour that
seven OF the jurors were in favor of ac-
quittal.
During all this time Nellie Horton sat,
pale and inert. Her sister. Mrs. Cum
mngs, in vain attempted to rouse her.
She could neither move nor speak. But
when the court bailiff attempted to az
prOach her in order that she might under
stand that it was time for her to be re-
moved TO the Branch Chunty Jail, the poor
woman's nerves gave way under the ter
rible strain and she went into another fit
of hysteria. Her screams were pitIful, and
when at length the friendly faces bending
over her and friendly arms around her
had restored her to to some degree of con-
seriousness she would but clutch fran
tically at each person she recognized and
murmur. "Oh, my GodW
Finally. after brief consultation be-
tween Attorney Heynemann ana the
deputy Sheriffs it was agreed that Miss
Horton should remain at her sisters house
Tor the night under surveillance, of course.