The sun., 1898-05-27
DEATH WILL
Be HIS FATE
William Fisher, Colored, Ad-
judged Guilty of FeIo-
nious Intent.
THROWN ON COURTS MERCY
This Will Have No Effect in the
Sentencing of the Prisoner.
Alfred Trusty, Charged With Causing
the Death of Fanny Hill, Now
on Trial for Manslaughter.
The Testimony of the
.. Witnesses.
THROWN ON COURTS MERCY

with telOnlOuS intent. The sentence
for this crime is death. Upon the OPEN
ing of the Court Of Oyer and Terminer
Yesterday morning the case of William
Fisher was resumed, and Mr.. Nields, his
attorney concluded very able argu-
ment in behalf Of his client.
Deputy Attorney Cooper closed for
the State and the charge to the jury
was delivered by Judge Grubb. Eoth
the state and the defense expressed their
qualification at the impartial manner
in which the judge rendered the charge.
The jury retired at 1912 p. m., and
court reconvened at 2.30.
1t was concluded to wait for an hour
in order to give the jury an opportunity
to render verdict.
At 3.O7 p. M, they came in and asked
the court 'if the prisoner was found
guilty as indicted, would the penalty be
DEATH" Judge Grubb replied that it
would, 10 matter if the alleged attempt
was committed or not. The jury then
retired.
In the meantime the case of Alfred
Trusty, colored, charged with the killing
of Fanny Kelly, at No. 8 Lord street,
this city, on the night of April II, by
throwing lighted lamp at her head,
was taken up.
The jury drawn was as follows: Rufus
S. Broadbent, foreman; Alexander
Stephens, Robert Andrews, Lewis Ball,
Leroy Roberts, Charles Hunt, J. G.
Adams, George p. Ward, John Craig,
Harvey Cranston, David Smith and
George A. Hollis.
The panel was exhausted and the last
two jurors were obtained from the spec
tators in the court room. Trllsty was
represented by Julian Walker, Esq, who
was appointed by the court. In opening
the case Deputy Attorney Cooper cited
it's nature but stated that on account of
lack of evidence the State would aban-
don the charges Of murder in the first
and second degree and ask for verdict
of manslaughter. F.
Martha Duckrey was the first witness
called by the State and raid she lived at
302 East Sixth street and that she had
known Fanny Kelley during her life
time. On the night in question, the
Kelley woman, Lee Ruley and herself
had been "out" and were down on the
coast" They returned to Miss kelley's
dUUttt l. d. liz dllu NCiC lu'ltCA III.
Trusty, who was Fanny kelley's man."
was up stairs in bed and Fanny called to
him.. Receiving no reply she went up
stairs and the witness then heard an
alteration between the two regarding
the manner in which he, Trusty, had
spent money given him by the woman
to buy shoes with. She claimed he had
bought secondhand pair and appropri-
ated the balance to buy beer with.
She heard the decea ed say, "you can
sleep, this will be the last night you'll
sleep here.
The baliff at this juncture announced
that the Fisher Jury were ready to render
verdict and at 44O they came in the
court room. The verdict rendered was
as follows. "We, the jury do find the
prisoner at the barguilty, in manner and
form as he stands indicted but recon-
mend him to the courts mercy
Mr.. Nelds asked tor a poll of the
jurors which was called by clerk Foard
and all answered in the affirmative.
Under the circumstances of the case and
in view of the fact that but one sentence
can be imposed the jury's verdict was
But one similar recommendation has
been made and that was in the case Of
a man by the name OF Willis some two
years ago.
The penalty of Fishers crime is death,
and the recommendation for mercy made
by the jury can have no weight except
with the Board of Pardons,' ii an ap-
peal for clemency is made to that body.
No move was made by Council Nields
for new trial and the prisoner was
awaiting sentence, the jury
being discharged until this morning.
Throughout the entire trial the jury
stood seven to five for conviction, and .
the recommendation for mercy seems to
have been given through misunder-
OF the penalty
At 445 Martha Duckrey resumed the
stand in the Tfusty case and said that
she heard a lamp fall in the second
story and that sholtly afterwards FANNY
Kelley came down stairs with the body
OF her dress Oh fre'cryng 'I'm burnt to
death" She ran in the yar'I and witness
and put out the flames by
means of rag. She took Fanny into
5he house of Harriet Johnson, adjoining,
and seated her upon sofa. She asked
ior glass of water, which was given her
oy Daniel Green, who was there.
Mr.. Cooper then asked the witresg
what the Kelley woman said about the
throwing of the lamp, but was promptly
net with an objection by Mr.. Walker OH
he ground of the length of time that
had ELAPSED since the deed was COM
mitted. Numerous cases were cited by
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