The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-27
MUST Be TRIED OVER
Jury in the "Badgering' Case
Fails to Agree.
FAYNE STRAHAM : MOORE
Though Never Such a Sinner,
Has Been Sinned Against.
FAYNE STRAHAM : MOORE

New York Dec 2s.-After twenty-five
hours elaboration, the jury in the Fayne
Straham-Moore robbery trial failed 10 rem
der verdict and reported the fact or
their disagreement to Recorder Goff at
1o:15 o'clock Sunday morning, and was
discharged. The jury was locked up
at o'clock Sunday morning. 1t was ru-
mored at that time that they stood Zine
for conviction and three for acquittal.
and il was also rumored, though it cannot
be authoritatively stated, hat, al the
conclusion the jury stood seven for con-
viction and five for acquittal. All night
long the twelve men argued, sending out
communications twice TO find out the ac-
cording penalty, and also TO state they
could not agree. Recorder Golf then lock-
ed them up, and at O'Clock Sunday morn-
ing they went TO breakfast. the foreman
sending word to Recorder Golf that they
could not reach an agreement and that
they were utterly worn out.
Recorder Goff came to the court house
at 10:I5 o'clock, and Immediately sent for
the jury, and discharged it with thanks.
The recorder remanded the defendant I'M
Ill Tuesday morning at 1880 o'clock.
when, after a recess until then, the date
OF a new trial will be set. The prisoner
was then taken back to the Tombs.
Mrs Straham-M Moore is accused Of COM
plicity with her alleged husband in
'badgering'' a wealthy man named Ma
hon. out of a large sum. The alleged
husband has already been convicted. Mrs.
Strsham- Moore compromised herself with
Mahon, when the woman's partner sud
denly appeared with a revolver and works
ed the injured husband" game. Mahon
paid we'll. and then Immediately instituted
criminal proceedings.
Mrs Moore's appearance in court on the
last day of the trial is thus described:
With eyes like blue flowers. and face
as passionless as marble, Fayne Moore
sat in the witness chair last night and
told the story of her life
1t was a story of adversely, OF trust,
and of bitter wrong at the hands of Ma
hon, tie man who she alleges was the
cause OF her downfall Was /: true? I he
jury apparently thought so.
She was dressed as simply as wood!
flower, and possibly with purpose. There
was a dreamy brilliancy in her eyes, that
sometimes flashed into anger, or gloom
ed into remorse. She seemed a small pale
rose. wilted in the clay pot of the Tombs-
Grief nor Imprisonment infidelity, ca
lamity, nor tears, seemed to have left
any impression on her face save that OF
paleness. 1t was smooth aud white and
shadowless.
She listened to every question with
sharp ears and a keen understanding, but
in her eyes there was neither fear nor
apprehension. She answered with affable
ard winning words, and entirely without
affectation.
II her answers were falsehoods they
were trippingly told. One could scarcely
doubt lies uttered so charmingly. She put
herself on record as a traduced wife,
saving that she never had any intention
of robbing or helping to rob Mahon.
II had been day of reiteration until
Mrs. Fannie E. johnson took the witness
chair. She had kept the apartment house
To which Martin Mahon had taken Fayne
Strahan.
She was large and portly, red faced,
coarse voiced. and with diamonds like lei
cles dangling in her ears. Telling her
story she wept tropically. And as she
wept F'ayne Moore grew brave. wills
pering to her lawyer that she piued her.
In tears Mrs Johnsons hat got cooked
over one ear, and perceiving the dowdy
effect. Fayne Moore tooff of her own hat
and sat with bare brown head during the
remainder of the day.
While the witness was weeping. Record
er Golf, with a face long and solemn
as ST. Anthony's. looked fixedly at the
desk before him. The prosecution forti-
fed its case but little through Mrs. John
son.
About O'Clock in the evening Miss
Tense. was called She is rather pretty
attendant in the Tombs. AS Mrs. Moore
listened to her first witness she grew pert.
and a faint pink came into her cheeks.
She was having her innings.
Miss Fitzgerald told of Mrs. Moore's
life in the TOmbs. She was savagely
c1oss-questioned by Mr.. Mcintyre without
material effect.
The next witness for Mrs. Moore was
the minister who performed her marriage.
He was the Rev. Mr. Romans. pastor
OF St Matthews Episcopal church In
Eighty-fourth street He testified that ne
had married the defendant 20 Mr.. A E.
Moore on April g 1857.
Moore was sent for in order that the
identified ton might be complete He
came stalking no from the rear OF the
room as defiant and unconquered as ever.
His face was lean and pallid. and dark.
and full Of force as head OF Salvat )r
Rosa, except for the nose which was
pug and savage. ike that Of a bulldog
He looked true wolf Of fortune as
he stood gazing sombrely al the recorder.
New York. Paris and London have only
ccmbed his hide and given him a silken
coat Under it there is ready Wit. steady
nerves ard indomitable resolution.
And after the fashion of women Fayne
Moore knows he loves her because he Is
cruel 70 her.
She glanced timidly at her frowning lord
and master. who glowered back al her
Then. the Identification being complete.
ne stalked heavily away.
I'D 70 n O'Clock the ronotonous voices
of the opposing lawyers breathed upon
the shifting strings OF good and evil.
pains and pleasures. hates and loves, and
the consequences OF evil deeds.
Then the court adjourned. and the pale
seif-possesSed defendant was allowed 20
GO.
And strung along the railing on the
outside OF the court room. waiting for her
20 pass. was q Sado OF faded Toues. diet
tante 81 the Tenderio!n. men 70 be l0ath-
cd and pitied as healthy men feel a dis
g1sred compassion for disease Their
faces were psIud and so5den: their eyes
were ringed Ike Saturn. with THE blue
circles OF dissipation; their noses were
red. Ike Mars and .heiT blood he'd nor.
OF brandy than Of healthy c0rpuseles-
All Of which Is written about. no: a.s a
matter 81 public import but as pubic
lesson. from which endless sermons may
b drawn
Mrs Moore went on the stand a. s-f7.
She was questioned by her personal coun-
81 Mr. Hill These are the responses
she made % the questions
Il was born II oregon. On February =.
~ Nv father was Reuben Stock Sfrz-