The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-08-14
TARDY TESTIMONY TAKEN.
EVIDENCE WHICH MIGHT HAVE
SAVED IL. =. PERRY.

Her by Lanier for which She says
Perry Shot Him-The story Is
Vouched For and the Governor
VIII Act In the Case.
Atlanta, Ga, Aug. 13.-Her face buried
in her hands and with difficulty CONTROL
Ing her emotion. the wife of H. 5. Perry.
the murderer sentenced to be hanged next
Wednesday, sat in the governors Office
this morning and listened TO the descrip-
lions of the alleged assault upon her by
Lanier, the dead man, which the COVER
nor was told was the real cause OF the
tragedy.
Mrs. Perry had made affidavit to the
narrowing allegations and as she appear
ed. with her old father by her side, in the
life and death drama being enacted in the
executive office, it was picture calculated
10 move the sympathy Of any man. In
order to save her husbands life the faith
full wife and the mother of Perry's chill
dren consented to the terrible ordeal
The condemned man, according TO this
side Of the case was standing in the shad-
ow Of death because he defended his wife
and home from the spoliation Of the ser
pent and she argued it was but small
return that she should Ace the gaping
crowd and listen to the account Of the viii
lains assault in order to save him from
the gallows, if possible.
At the conclusion of the hearing the
attorneys for the condemned man felt
sure they had produced an effect upon
the governor that would result in COM
mutation Of the death sentence.
The governor announced that he would
consider the case very carefully and an
nounce his decision tomorrow.
In the affidavit from Mrs. Perry, 1t was
set forth that Lanier, who was boarder
at her house. on the Friday before the
killing took place on Monday, called her
TO his ROOM saying he had the earache,
asking her to apply a remedy. When she
went to his room II is alleged he made an
improper proposal to her and as she at
tempted TO leave he caught her and forci-
bly, assaulted her. In the struggle she
received bruises which her husband saw
when he came home, and was otherwise in
iured and shocked so that she kept her
bed for several days.
When Perry learned of the occurrence
he Immediately wrote a note to Lanier tell
valued his life. Lanier did leave, but
Perry followed him and Monday overlook
him near Decatur on the Georgia train.
He tried to kill him then, but Lanier ran
and officers interferred. Both men were
placed in a wagon and carried to the De-
catur court house, where Perry pulled a
pistol from his pocket and shot Lanier
down. Lanier fingered several days. Be-
fore he died he made state
ment in which he said the cause
of the killing was that he had apprised
Mr. Perry of her husbands relations with
a disreputable woman of Atlanta, with
whom he was infatuated. This was the
accepted theory on the trial and Perry
was duly convicted. His wife could not
be introduced as a witness to tell of the
assault and there were no other witnesses
by whom to prove it. According to the
statement of the lawyers to-day, she had
declined to speak of the matter to the
newspapers upon their advice, and then
Ianier's statement of the cause was al
lowed TO go TO the public practically I'M
contradicted. The lawyers said that the
public mind of the community was great
" agitated on account of the Flanagan
and other murder trials and that Perry
did not get fair trial They declared
that he killed Lanier for despoiling his
home and that while he was technically
guilty Of murder, no jury in the world
would have condemned him 10 death for
his act if the facts could have been put
before them.
An affidavit from a man named Trout
was also produced. Trout swore that At
torney Cooper for the state himself told
the governor that if Mrs. Perry had told
her story to the jury and il was be-
leved, Perry would now be a free man.
Lanier, after leaving Atlanta upon re-
ceipt of Perrys note, confessed to him
that the cause of the trouble was his as
sault upon Mrs. Perry. Trout's character
was vouched for by a number Of good
citizens of the county. Mrs. Perry has
also borne the best reputation, no breath
having ever been uttered against her.