The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-12
NELLIE Is FREE.
The Slayer of Hagans
Acquitted.
UPON HER SECOND TRIAL
A Jury Decides That Her Act
Was Justifia bic.
EXCITING SCENE IN THE COURT
Spectators Heartily Applaud the
Verdict While Nellie Goes OFF
Into a Fit of Mysteries.

verdict of jury in Judge Wallace's court
at a late hour yesterday afternoon.
l. is now little more than thirteen
months since the tragic scene took place
which ended in the death of young HagaDs
at the hands of the young woman who
loved him so well.
About midnight on July 9. 1898, Sun
day night, the policeman on the beat at
the corner of Market and Eddy streets
was startled by the sound OF pistol shot
close by. He traced the sound 10 the
clearinghouse at 207 Eddy street, kept
by Mrs. Annie Schwartz, and, entering the
house, found young woman standing at
the top of the stairs, her hair disheveled,
blood upon her hands and dress and APP
parently in a very excited state. I've
killed a man in THERE" she said, pointing
to an open door. I'LL find the pistol
on the mantel" The officer entered the
room, and there found the dead body OF
young man with three pistol bullets i'll his
body.
1t proved to be Charles R. Hagans, a
young mOtorman in the employ OF the
Oakan Consolidated Railroad Company,
and the son of respectable parents in the
city. He had been killed by Nellie Hor-
toe, young woman with whom he had
lately been keeping company, and whom
il was generally believed that he was going
TO marry. His slayer had nothing to say
when arrested, but afterward she had a
piteous tale to relate of outraged honor.
blighted hopes and the despair consequent
upon the knowledge that the man she
! loved did not intend 10 keep his promise to
her.
| Nellie Horton was brought up for her
| preliminary examination before Police
| judge Campbell, who after hearing the
| evidence and taking into consideration
! the fact that the verdict of the COrOneI's
| jury was that Of justiiable homicide. hsid
! the woman to answer on a charge of man
| slaughter only.
The trial took place in October last be-
fore Judge Wallace and II jury. Nellie
was defended by A. HeyDemann. while
! Eugene Deuprey assisted Assistant Dis
trict Attorney Black as special counsel for
| the prosecution. 1t was sensational
! trial, chiefly owing to the nervous condl-
! ton of The prisoner, who went into Ire
! quent fits OF Mysteries, especially when
| ca lied upon to tell her story of her wrongs.
! in the end the jury disagreed, two jurors
| only being In favor of a convection.
Such a result In the face of the evidence
presented on behalf OF the State almost
/ convinced the District Attorney that an
other trial must only result in the acQut,al
of Nellie, consequently he made no oppo-
sitiOn TO an application for a considerable
reduction in the amount of bail required,
the sum asked before the first trial being
more than the girl's friends could raise.
! Judge Wallace scented 10 the request and
ever since Nellie Horton has walked about
| San Francisco a free woman under nom
inal bail of $1,000.
One more attempt, however, was made
on behalf of the State TO secure a cnnvic-
! ton in this case, and ten days ago Nellie
/ Horton was once more placed upon her
! trial. This time Mr.. Black was unaided
/ in the prosecution, while eX-Judge Robert
| Ferral and Burnette G. Haskell were en-
gagged for the defense. Nellie Horton
| surrender ed To her bail, looking vastly i'm
! proved from the wretched and woe BECOME
! appearance she presented at the first
| trial. AS before, her sister, Mrs. Cum
mings, sat beside her throughout the pro-
| ceedings.
Nellie Horton kept her cOmposure won
derfully during this second trial. She
never gave way TO any hysterical fits, al
! though once, when on the witDeSs-s stand
| she had 10 acknowledge her intimacy with
the dead man. she broke down and sobbed.
Ever watchful of all that was going on,
| she sat like a statue, Outwardly indiffer-
ent, though iDwardly far from such, il the
scene that took place after the recording
! of the jury's verdict yesterday afternoon
| can be taken as IA criterion.
| The very same evidence taken before
the Coroner, in the Police Court and at
the first trial was gone over again before
this new jury. MIR. Black conducted his
prosecution with his accustomed fairness,
but with desire to see the proceedings
| conducted strictly according to law. Fer
raj was cool as usual, suave to the Judge
and jury, and never missed an opportunity
! of getting in one OF his humorous stories.
I
| Judge made Mr.. Black the subject of Que
| Of his jests. but the Assistant District
| Attorney got even when it came to his
! turn to close the case, saying that he
| knew he had heard FerraPs joke before,
as his speech in this case was Identical
with that given in defense of Mrs. Worth
| ingtop, the slayer of Harry Baddeley
At IL o'clock yesterday morning Judge
! Wallace started to charge the jury. His
charge was carefully prepared and re-
| sembled in most points the instructions
| given at the first trial in October last. He
| reminded the jury that Nellie Horton had
no right to take the life of Hagans merely
| because she was disappointed woman, or
| that at some time In the past Hagans had
| taken advantage of her weakness.
"a person brooding over wrong must
not constitute himself or herself Judge
Jury and executioner Nor il irres stible
! impulse any excuse or any showing of tenn
! porary insanity. Ii this woman was CON-
scious OF the impulse, however irresistible,
such cannot be taken as an excuse for this
! crime of maDslaughter." In conclusion.
his Honor cautioned the jury not TO allow
| their sympathleS 10 Interfere with their
rational Judgment. IF YOU think the law
| in this case has been broken, you are bound
| to say so. under your oaths. A juror who
does not obey this law is guilty of moral
! perjury" Eventually, after charge last
! ing over one hour, Judge Wallace dis
missed the jIrY TO deliberate.
Luncheon came and went, and the long
| afternoon wore on, yet it was not until 3
o'clock that any indication was mani
tested of how the jury stood. At that
hour they filed into court for further in
structions. A juror asked whether or not
! IL Miss Horton were nscious at the
| time when Hagans assaulted her on the
night of the killing, and did not wake up
| for half an hour, >ha would have been
! justified in killing Hagans at that time'
His Honor was bound TO say that Miss
| Horizons conduct under such circum-
stances would have been justified, and the
| jury once more retired. But 1t was AT
once seen that convection was impossible
| now, and the only question considered
! was whether disagreement or an acquit-
| tai would be the result Mr. Black made
| no secrets of his belief that an acouittal
was coming, and both the prisoners coun-
! sci were as confident as could be.
| The clock had struck and people were
wondering what was to be done, when the
| bell rang from the jury-room. A verdict
at last. Judge Wallace was summoned
| and the jury filed in;o court.
| Clerk Twohig called the jury. Gentle