Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1894-09-15
HOW FOLEY WAS KILLED.
The Defendant in the Murder Case
Describes the Scene.

| to have Foley sign paper ackho"-
| ledging the paternity of the child
ETC., she continued. Mr.. Foley came
into the room and seated himself on
the lounge, she sat in the rocking
chair facing him. She told HIM she
had been expecting him every day
and asked him what decision he had
arrived al concerning her. He re-
piled that his decision was the same,
that she must 60 to Salt Lake and
that in a few days he would follow
her and make arrangements. She
told him that the paper must be
signed and witnessed, that she would
only ask him to do what was right
and no more. He replied that he
would not trust anyone in that mat
ter. She suggested some mutual
friend, but he would not consent
She told him she had consulted Mr..
Dodge without mentioning any
name.
He advanced towards her and
struck her twice on the shoulder say
ing, "why have you told Mr., Dodge,
if you make trouble for me | will buy
some men with few twenty dollar
pieces to testify to anything" She
retreated from him and took the
pistol from the shelf, and he still fol-
| lowed her. She backed into the rear
room and he was standing over her
| with the chair appraised, and she fired
| the second shot while crouchiDg
down He dropped the chair to tho
floor and Strengthened up saying,
THAT settles it, it has gone through
me-" She replied, saying Il am sorry
you have driven HE to this. | will
give myself up to the officer" He
answered, No, no! Wait. She
opened the door for him to 90 and
he went out on the landing; she fol-
lowed, saying, Il will give myself
up" He m.tione d her back, saying
NO! no! Go back" He went
down the stairs, the defendant fol-
lowing. She saw Mr.. Dodge III the
hall and went directly to him, told
him what she had done and requested
him to 90 at once for the Sheriff.
At about $40 o'clock DR.. p. t.
Phillips went to Mrs. Hartley's side
and spoke to her. He then spoke to
Judge Cheney who Immediately ex.
cused the defendant from the stand.
She had been on the witness stand
five hours, and when she was finally
, excused she was almost exhausted.
| Notwithstanding her condition, she
E never uttered word of complaint,
although it was plain to be seen tina
she was suffering intensely during
the last part of her examination.
She was not spared during her cross
examination and at times she wa
,, compelled to strain every nerve t.
retain her calmness and answer tn,
questions intelligently. Her condi
, ton is pitiable one; it was remarked
. various times that few men could G.
a, through the ordeal that Mrs. Hart
ley passed through yesterday an'
. hold themselves to as close a line a
she did in her testimony.
i DIR. ?. 7, Phillips then took tn
stand and testified as to Mrs. Hart
ley's physical condition, and that sh
! would soon become a mother.
Reno, Sep. l4.-At 11:30 A NJ
and shortly after Woodburn com
pleted his rigid cross-examination
Mrs. Hartley rose from her chat
- trembling, and rushed from tn
: courtroom, crying and sobbing. TIL
Sheriff escorted her to an adjcinln!
: room, where she fell on the floor
=, frothing at the mouth. Recess wa
n then taken till 1:30. The morning
- session was devoted by the State
attorneys to reviewing testimony a.
II ready reported in an endeavor t
~ shatter her testimony on direct e1
animation, which they failed to dc
i'd and WOODBURY., with a deep draw
H. .igh, said that's all.
Her lawyer, Goodwin, the
brought forward chair for her
identity, which she said Foley raise
over his head aud threatened hs
- with. 1t was at this point that Mr.
- Hartley began to sob aud rushe
- from the courtroom. Her hysteric
Nc sobs could be plainly hoard IN tt
courtroom.
to Omaha railroad men are muC