Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-06-11
FOLEY'S FATE Is IN THE HANDS OF
TWELVE MEN.
CLOSING ARGUMENTS HEARD.
JURY RETIRED AT $50 YESTERDAY
AFTERNOON.
Foley Sat With His sisters During the
Arguments and Was Moved to
TeRrs-Great Crowd Present
at the Close of the
Trial.

The fate of William S. Foley, tried al
Liberty for the murder OF his mother. Mrs
Elizabeth s. Foley, on the night of No
vcmber Il. 1886. now rests with the Jurors.
They retired at $40 o'clock. No verdict has
yet been reached.
The morning session of the court at Lib
erty began at S:i5 yesterday. An hour be-
fore that time every seat in the court room
was occupied by men and women. boys and
girls In the crowd were many of the So
ciCty women of Liberty, both single and
married. The crowd Increased constantly,
and by the time the judge took his place on
the bench and order was called, it was i'm
possible TO obtain standing room. At the
afternoon session the crowd was equally
large.
Those who looked for the prisoner dis
covered that he was not in the usual place
at the long table facing the judges bench.
He had changed his seat, and was seated
upon bench just inside the railing, about
fifteen feet back from where he mad been
sitting Beside him were his sisters. Mrs.
A.nie Morrow and Miss Amelia Foley.
On the same bench were his brother-in-
law. J. J; MORROW, and nus cousins Dr.
7. Ricketts, of Moscow. Clay county
Prosecuting Attorney w. II. WOodson
read the instructions upon behalf of the
state as soon as court convened. be was
followed by ex-senator II. +. Simrall,
senior counsel for the defense. Before the
TedQlnE OF the lnStFUctlOnS' was NDlSneu
Foley began wiping tears from his eyes.
His sister, Amelia. who had displayed an
astonishing degree of fortitude up to that
bIoidered handkerchief.
The instructions We're for murder in the
first degree or acquittal. As the crime was
ishment than hanging for the murderer, If
convicted. Judge BrOaddus defined reason
doubt in the mind of each juror as to pre-
vent him from arriving at the conclusion
that the defendant was guilty. II the jurors
regarded the circumstantial evidence in
tTOduced by the state as complete and con-
elusive, they should bring in verdict of
guilty.
Attorney J. ]. Williams, of Kansas City,
made the opening speech for the state. He
reviewed the evidence and called the atten-
tion of the jurors, all of whom are farmers.
TO the fact that murders committed upon
farms are usually unavenged. because of
the fact that farmers live so far apart that
there are no witnesses 10 the killings. He
then dwelt upon the familiarity of the
slayer of Mrs. Foley and her daughter with
the Foley premises. and called attention to
the fact that the weapons used belonged TO
Foley. From the body Of Mrs. Foley was
taken bullet of 4 peculiar construction.
at the time of and after the double muir
der, and which he borrowed from Bob"
Williams, were three cartridges in which
were the same kind of bullets. Foleys own
revolver, which was found in the house the
night OF the murder, contained exactly the
. same kind Of cartridges. The defense had
attempted TO find cartridges like these in
Liberty, Kansas City and other cities and
had not succeeded. They had brought into
court cartridges similar, but when closely
examined they were found to be different.
Bob" Williams had testified that when he
loaned his revolver to Foley 1t contained
cartridges of a recent make that are easily
. obtained,
TO the attempt of Foley to make his friends
relieve the murders were committed by
Earl Hoover, an ex-convict who, was on
a farm near Princeton, ILL.,, at the time
He also referred to the trouble I'm the Fo-
ley home, and to the prisoners statements
who killed the two women. The crime was
not committed for the purpose of robbery.
Foley's movements upon the fatal night
were not satisfactorily explained.
Frank II. Trimble, Senator Simrall's law
aTtnfF the fo9%ed for tse eoSs Sefens Tsye F0sy
good character and said his home life
had been pleasant. At the conclusion of
Senator II. F. Slmrall made the conclusion
for the defense. He took up the evidence
and handled ii in detail. He said the state
had failed to prove that Foley was at his
home at the time of the commission of the
crime. 1t could not be proven beyond a
reasonable doubt that he was there or that
he had killed the two women. The evidence
for the defense had. he claimed, shown
conclusively that Foley had not returned to
his home on that fatal night until after his
mother and sister were murdered.
II was incumbent upon the state to prove
that the defendant was either present when
his mother and sister were killed or had
planned and Conspired with some one else
for their slaughter. II had not done so.
defendants witnesses were almost the same
as those that were found in Foley's revolv-
er after the killing
Senator SimraIf scored Attorney Will
iams and Detective, Thomas. speaking Of
them as imported.
Major John Dougherty followed for the
defense. making fits closing speech He
spoke upon the same lines as Mr. Trim
Die and Senator simrau. going over the
evidence and arguing that II was not suf-
ncient to justify the conviction of Foley.
He pleaded with the Jurors not to consign
the prisoner TO an ignominious death upon
the scaffold.
The closing speech for the state was
made by Prosecuting Attorney W. II
WoodsOn. He declared that If the Jurors
solely by the law and the evidence they
could do but one thing. and that was bring
IN verdict finding the defendant, William
S. Foley. guilty of the crime for which he
was on trial, the murder of his aged moth
er. He would be glad If Foley could prove
his innocence, but he could not.
AT the conclusion OF Prosecuting Attor-
ney Woodson's speech the jurors retired 10
deliberate upon their verdict.
Looks Like n Hung Jury.
At 10 O'Clock last night the Jurors were
taken to the home of Sheriff Hvrner In ac-
cordance with the order of Judge Broad
dus. 1t was rumored that they had taken
several ballots during the three and a haIf
hours that they were locked up in the iury,
viction and five for acquittal. There was
no way Of verifying or disproving the ru-
NOR. They will be brought to the
court house again at o'clock this morning
and II they do not agree by 6 o'clock fhiS !
evening they will be discharged.
"The Best PHI I ever used'' is the fra
9uent remark of purchasers of Carter's /
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will say the same.