Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-06-10
HE WAS THE LAST WITNESS IN HIS
OWN BEHALF.
A DISAGREEMENT EXPECTED.
NOT BELIEVED THAT THE JURY
WILL REACH A VERDICT.
Evidence in the Great Clay County
Murder Case Closed Yesterday
without a Line of Direct
TestimOny-FOIey Was
Very Cool.

The state finished its testimony yesterday
afternoon in the case of William S. Foley,
on trial at Liberty for the murder of his
mother, Mrs. Elizabeth Foley, on the night
of November Il, 1896. Despite the fact that
there was no evidence given directly impli-
eating the prisoner in the crime, the state
made strong case against him. The cir
cumstantial evidence was of such a nature
as to convince many persons in Liberty
who have known Foley for many years.
and who also knew his dead mother and
sister, of his guilt. 1t is generally believed
by those who have heard all the evidence
given by the states witnesses that Foley
did not commit the crime alone. His state
rrents to two of the men who testified that
he knew who killed his mother and sister,
and that he would reveal the murderer S
name at the proper time" has convinced
some that there was another man impli-
Gated in the crime.
The court room was crowded during the
day, many of the auditors and spectators
being women, both young and old. Foley,
as on the preceding days of the trial, sat
beside ex-senator Simrall, one of his at
tOrneys. He is of medium height and build
and has smooth face and dark hair and
eyes. Since the trial began he has worn a
neat fitting brown suit. At no time did he
manifest any special interest in the pro-
ceedings until yesterday afternoon, while
Major John DOugherty was making the
opening address for the defense. Major
Dougherty dwelt for some time upon the
horrible scene that Foley saw when he en-
tered the room where the bodies of his
mother and sister were lying, and Foley's
ewes filed with tears Putting his hand
kerchief TO his eyes, he bent his head upon
his hands and sobbed for several minutes.
Prior to that time he had sat almost as
immovable as a marble statue while in
court. keeping his eyes firmly fixed on the
states witnesses while they were testify
ing and saying nothing to his attorneys or
Foley's two sisters, Mrs. ]. ]. Morrow
and Miss Amelia Foley, have been in court
constantly, occupying seats among the
black hats and black capes. Neither has
shown any emotion. They have listened
calmly to all the details of the butchery Of
their mother and sister with eyes un-
dimmed by tears. Mrs. Morrow is slim
little woman with small sharp features.
Her sister. Miss Amelia Foley, is heavier,
with large black eyes.
HOover's Whereabouts.
A. J. Beckett was the first witness at the
morning session. He testified that Earl
Hoover was at his home on his farm near
Princeton, H.. on November II, 1896. and
for several days befoIe and thereafter.
Hoover is the eX-convict whom Foley
claimed to have seen few days before his
mother and sister were killed. and whom
he said he believed had committed the
double crime. ...
DIR. John H. Rothwell. of Liberty. testi-
fed that he made an examination of a
large pocket1nife found in the Foley home
after the tragedy. This knife belonged to
Foley. DR.. Rothwell examined it under
microscope. He found particles of iron
along its blade. 1t is claimed by the pros
ecution that a screen door was cut by the
murderer TO enable him to get at the latch
on the door on the porch leading into the
room in which the women were sleeping.
DIR. Rothwell brought his microscope into
court. and by order of Judge Broaddus, the
members OF the jury inspected the knife
blade with it.
No. who served for four years in the Con-
federate army, testified that the shotgun
found upon a bench outside the Foley
home the night of the tragedy, was of an
unusual pattern. The state attempted to
prove by this witness that It would be diff
cult for anyone who had never handled this
style of gun to break 1t in the dark. The
gun had two empty shells in il when found
and IL is claimed by Prosecuting Attorney
Woodson and his assistants that this gun
was fired more than twice by the murder
er. necessitating its breaking" and re-
loading. The defendants attorneys OBJ
jected to the witness giving his opinion,
and the court sustained the objection.
Mrs. Douglass Carver talked with Foley
at his home the morning after the killing.
Foley asked her to describe Earl Hoover
to detective who was present. In SUBJ
sequent conversation at which others were
present, Foley said there had been no clue
would be any found to the murderer of his
mother and sister.
Emmett Ligon was recalled. He said that
upon his return from Kansas City the
morning following the tragedy, he went to
Foley's home and told him that he had
hired detective. Foley exclaimed:
"Oh, a detective can't do any good"
Mrs. Mary ]. Griffith, widow of Granville
Griffith. said that Foley told her on the
mystery would never be unraveled.
sheriff Hymer's Story.
Sheriff ]. II. Hymer told of his visit to
the Foley home the night of the tragedy.
He described the appearance of the prem
ises and told where the bodies were found.
He also told Of a conversation with Foley
in which Foley made the same statements
made by him to others.
Sheriff Hymer followed with some state
ments that Will be used by the attorneys
for the state in their arguments 10 the
jury to convince the members of that body
while he and Detective r. / Thomas were
examining the bed clothes of the bed in
which Mrs. Foley and her daughter were
sleeping when the assassin broke the win
dow and fired at them, they found some
cookie burrs, attached to which was some
black hair. They then went out in the lot
where the horses were and examined the
black horse that Foley had ridden the
night before. This horse belonged to his
sister, Fannie On ifs name. tail and sides
prosecution that while making one of his
trips that fatal night Foley made a short
cut, leaving the, road and going through
timber and weeds.
Sheriff Hymer also testified that the re-
volver borrowed by Foley contained three
old style cartridges. and that Foley's own
revolver, which was found while making
a search OF the premises on q shelf in the
womens sleeping room. contained two OF
the same kind of cartridges. The bullet
taken out OF Mrs. Foleys left breast came
out of the same kind of cartridge.
During the cross-eNamination Of Sheriff
Hymer, he was shown by Senator SimraIl
a number Of revolver cartridges of vart-
Gus makes. and asked concerning the
brands and the rifles" made by bullets
object of this was to show that there We're
various makes and styles of revolver cart
ridges and bullets. This fact was not made
very clear by either the witness or the
attorney.
Brack Laud testified that he and George
Talbot talked with Foley in the petit
jury room in the court house at Liberty
about three weeks before the grand Iury
indicted him. Foley was asked if he sus-
pected anyone except Earl Hoover He
replied that he did. Mr.. Laud urged him to
make known the name Of this person. He
replied that he would at the proper time,
adding that the people Of CLAW county
dicted. Mr.. Laud asked IL he could produce
evidence to convict the man he suspected
and he said he believed he could Mr.
Laud then asked him about the time he
left Ligons house the night of the muir
ders. Foley said he couldn't tell exactly
he had heard no shots. TO which Foley re-
piled mo. didn't hear any shots"
George Talbot CorrobOrated the state
ments of Mr.. Laud concerning this CONVEX
sa;Ion. He said that on November IL he
met Foley at the stock yarls in Kansss
ffN~ haV har