The evening times., 1896-02-26

Miss Flagier, who spent u few hours In
jail yesterday and paid $500 fine for The In
voluntary killing of Ernest Green, son OF
| Richard Green, the messenger for Secre-
| tary Carlisle, could not be seen today a her
fathers home on California avenue. the
scene OF the tragedy in August last.
Miss F1agier from the day OF the shooting
has scarcely thought or dreamed of anything
| except the tragedy. 1t has seriously ar-
| fected her erneryoussystem, AMI at timesthere
have been grave fears for her reason.
Since she was indicted and admitted to
bail She has been kept in seciusion, and
been seen only by her family and physi-
clans. 1t Is declared that she is still in
very critical condition. and that the doc
tors are by no means certain that she viii
ever fully recover from the strain of the last
few months.
Her friends say that her life has been
shattered. Her doctors assert that her rea-
son is threatened.
1t is Eoped. however. that the secrecy
OF the trial and the light punishment in
flisted will tend to restore her TO health.
One OF Miss Fiagler's counsel in reply
to a question whether or not he thought
Miss Fiagier's sentence n remarkable one,
replied:
Not at all. 1t was Just the kind of
sentence that the law has provided shall
be imposed In such cases as this. Miss
Flaglcr was either guilty OF murder or
she was innocent.
I'VE know, the district attorney knows
and the court knows that she did not will
fully shoot the boy. The machinery of the
law was not created to punish in such cases
You might as well use a gtiiliotine to Kill
fly. 1t was seen long ago that pro
vision would have TO be made for Just such
emergencies.
THE LAW IN TIE CASE.
"At one time the laws OF all States
recognized only two degrees OF homicide
murder and manslaughtcr. A maximum
penalty WAS fixed for the latter of ten
years in prison and 81 900 fine and a min
immn penalty OF two years Imprisonment
and not TO exceed 81 GOO fine.
I'm course OF time ii became necessary
in Justice TO those who had accidentally
killed some one that the minimum punish
mcnt should be wiped out, and the court
left to impose, where the absence of all in
tent to Kill was evident, imprisonment for
one minute and a fine of one cent, if it
chose.
Knowing that Judge Cox knew all the
facts, and that the District attorney was
aware that we had defense which. IL
there were a trial, would triumphanty
acquit Miss Flagler, we decided in con-
sideration Of all the circumstances sur
rounding her to have her plead guilty of
involuntary manslaughtcr.
I'VE went into court quietly simply to
avoid publicity, which was the motive that
actuated us in indorsing Miss Fla gler's
plan of pleading guilty.
1T would be an awful thing to have ar
raigned the girl for trial in a criminai court.
She would have been acquitted. but il would
have been worse than death for her As she
is innocent of an intent to kill, the SEN
tence imposed meets all the requirements
OF justice, and should satisfy everybody.
1t ends the ca 81, but the record stands. A
trial would have left no record except
acquittal."
A SURE DEFENSE.
"what would have been this sure de-
fense?'
That the ball glanced before ii entered
the boys body" replied the lawyer, smil-
ing. land therefore it was accidental shoot
ing. You will remember that Miss Fiagler
fired two shots from the sccoId-stury
window at the boy Green and his compan-
ions. The boys have testified that the
second shot whistled past them. When the
first shot was fired, the testimony agrees
that they were standing up near the pear
tree.
"Now. Miss Flagler was twent y-three
feet higher than the boys. Careful eNami-
nation of the wound by several expert sur
geons OF national reputation proved that
the ball, although 1t struck n rib after it
had entered ut the back came out in front
several inches higher than the point of en-
trance. If it had not struck the rib the
hole in front would have been foot higher
than the hole in the back.
This could net possibly have happened IL
Miss Flaeler hsS, aimed directly at the boy.
for In that case, as she was at an ele-
walton OF twenty-three feet and the boy
was standing up. the hole wheresthe bul-
let entered In the back would have been
much higher than where il came out in
front. Its course could not have been
otherwise than downward.
Miss Flagler says she fired at the ground,
and, as the course OF the bullet in the boys
body was upward, it must have struck
a stone or something and glanced before
it hit him. There is further expert tes-
tim0ny TO show from the nature of the
hole first made by The bullet that it
was a glance shot. This would have been
Miss Flaglcr's defense, and it would have
cleared her. But her friends and physicians
have decided that a trial would kill her,
and she preferred the course we look
Mrs. Green. the mother Of the boy. is still
very much broken in body and mind as a re-
suit of the shooting. When seen concerning
the verdict and sentence. she said:
Il am willing" she moaned, ITO leave
her to God"
1T isn't for poor colored folks" she
half sObbed, 'to say what should be done.
I have no bitterness in my heart. 1 only
know 1 loved my boy, and he is gone. If
he had been bad boy. 1 would raise my
hands and say it was better thus.
"But he was good boy. and Hooked for
ward to his future with great pride and joy.
Then came this woman's shot. And am
told that she is free. That she paid the law
some money and sat in the jail parlor. Per
haps Miss Flagier and her friends feel that
she has been fully punished. 1t will take
I,<.I f-f., ,t,t..