The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-19
so PRONOUNCED THE JURY.
The Court Gave Instructions to
Acquit.
CALLED A WRETCH.
1t Is Claimed That the Murdered
Woman's Husband Conspired to
Convict der Relatives.

SANTA Rosa. Dec. 1S.-With several
| sensational scenes the trial of Mrs. Eliza
beth Bryan, charged with being one of the
| murderers of her sister, blind Nancy"
Meagher. came to au end to-day and the
accused became free woman.
Judge Crawford granted a motion to
| instruct the jury 10 dismiss the charge 0u
the ground that the evidence was insuffi-
cient to warrant this jury in returning a
verdict Of guilty of murder In the first
degree.
Now the residents of Sonoma County,
| who were so stirred up over the brutal
butchery of the blind woman and the
serious woundng of her husband on the
night of January % last, are wondering
If the guilty person or persons will ever be
punished for the fieudish crime.
Densely crowded was the courtroom
when the trial of Mrs. Bryan was resumed
this morning. The prosecution closed its
side of the case at noon. Fred Bryan, Joe
Bryan and Mrs. Sarah Straub were re-
called.
j. M. Streining, gun expert who made
experiments with the gun found at the
Bryan house the day after the murder,
was the most important witness during
the forenoon. He showed by blocks of
wood and boxes into which he had shot
with the gun that the right barrel shot
closer than the left. The object of this
was to prove that Meagher was shot first,
as the shots in his head were scattered
more than those found in Mrs. Meagher,
and that the left barrel was used on him.
Also to show hat the shooting must have
been done with the same gun.
After the examination of Stening
counsel for the defense asked the Judge to
| dismiss the case on the ground that the
evidence offered was not sufficient TO war
rant the jury in returning a verdict of
murder in the first degree. Counsel con-
tended that Meagher's story about hear
| ing Mrs Bryan and Mrs. Fowler's voices
in the house short time after the murder
was only haliucination. the effect OF the
terrible wounds he mad received.
This ended the morning session of the
court.
you miserable wretch. You are the
man who has been prosecuting me nearly
a year, and who wanted to cruelty me.
You knew l was innocent OF the murder of
my dear sister all the time," cried Mrs.
| Elizabeth Bryan as she pointed her finger
| at John F. Meagher. the prosecuting wit
ness in the famous Meagher murder case,
this afternoon. The excited woman tell
| into the arms Of her weeping sisters and
| became almost hysterical.
This was the dramatic scene when the
jury. according to Judge Crawford's in
structions, returned verdict of not guilty
of the charge OF being an accompice in
the brutal murder OF her blind sister. Mrs.
Nancy Hardin Meagher. The court
granted the defendants motion for dis
missal on the ground that the evidence
was not sufficient to warrant a jury in
| 10 the first degree.
| When Mrs. Bryan heard the words that
lifted The charge from her she rushed to
the jury, and after than king them turned
toward Meagher and called down impreca-
ti0ns upon him.
| The sudden termination of the trial
does not surprise anybody who has been
| following the case closely. The trouble
between the Meaghers and Bryans was Of
| long standing and of such bitter character
that suspicion was at once directed toward
the Bryans and Mrs. Fowler. A great
deal of evidence was offered by the prose-
cu,ion to show conspiracy and i'll feeling
and that foul murder had been commit
ted. but there was none 10 directly connect
Mrs. Bryan with the atrocious offense.
| The defense say they are sorry the case
could not have been tried all the way
through in some regards. They say that
evidence would have been produced to
prove that Meagber, inspired by Detective
PhliD Fltz. who had been promised con-
siderable money by Meagher should he
succeed In convicting the defendants, had
coolly undertaken to fasten the crime on
Mrs. Bryan, Mrs. Fowler and johnnie
Bryan. They claim that evidence would
have been introduced to show that the
tracks about which so much was said by
the detectives we're made by Joe Bryan a
number of days after the murder and that
Phlin Fitz knew they were made by him;
also, that the bits of fur and handkerchief
found near the bridge were placed there
by Detective Phlin Fitz for the purpose of
laying the foundation for evidence against
the sisters; that Meagher said nothing
about having heard the voices of Mrs.
BRYAN and Mrs. Fowler until it was sug-
gessed to him by Fitz. The defense also
say they would have shown by the evil
dence that Meagher wanted to hire Pblin
Fitz to take the murdered woman's watch
and bury it In Mrs. Bryan's yard, TO cast
suspicion upon her. Phlin Fitz fed. they
say, to avoid arrest and trial on charge of
perjury.
The cases against Johnnie Bryan and
Mrs. Fowler have not been set for trial.
1t is likely that both will be dismissed, as
it is reported the evidence is no stronger
aine e< tha, 4 et Mra