The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-05-27
.TRUSTY CASE
is CLOSING.
Defense Will Open Its
Case This Afternoon.

Oyer and Terminer Cour. resumed its
hearing Of the Trusty case this morning.
Immediately the court ruled that the ques.
ton which Mr.. Cooper asked Martha
Duokery yesterday afternoon regarding
the statement made to the witness by Fan.
mic Kelley, the dead girl, was inadmissa.
BILE.
Martha went on the stand again and in
cross-examination went over the testi-
mony as given yesterday afternoon. The
only new testimony was her denial that
either she or Fannie had been intoxicated
the night of the murder She admitted,
however, that she had been drinking
HARRIET johnson, an aunt OF the dead
girl, told of seeing her before hor death
and Of converslng with her Fannie said
Trusty had thrown the lamp at her She
dodgedit then Trusty pushed her down
the stairs into the burning lamp. The
witness also told of Fannie talking about
dying and OF her inability to pray. The
witness said the remarks were made In the
presence of the witness alone. TIC states
object was to establisha dying doclara.
ton.
In cross examination Mr.. Walker asked
the witness who told her to testify as she
did. Harriet pointed to At orney Gen
eral White. wherreupon the court and law
yers laughed. Mr.. White was evidently
embarrassed but when he got tho oppor-
tunily ne removed the impression created
by demanding of Harriet what he had
told her to say. you said had the right
to answer them" This explanation was
satisfactory, and Harriet left the stand.
Martha Duckery followed her, and was
asked what Fannie said to her about
dying.
Mr. Walker objected to an answer but
the court thought the question admissible
and Margaret replied that Fannie told her.
the witness she was going to die. Fannie
also said Trusty had thrown the lamp at
her. then pushed her down the stairs.
On cross examination Margaret denied
that she had said before the coroner's jury
that Trusty had struck Fannie, or that she
said that she went for an officer to arrest
Trusty.
with Fannie and Martha DuckcrJ, He
remained down stairs with Martha while
Fannie went upstairs where conversa-
ton was INDUCED in by Trusty and the
woman over IL pair of shoes Trusty told
the woman to keep quiet, as it was no
time to make disturbance A short time
aftcrward the witness heard scuiile then
saw Fannie fall at tho foot of the stairs.
Her clothing was aiire. She ran through
the house and into the yard where the
witness caught her and extinguishcd the
fire by means Of blankets. Lee gave no
other testimony, Mr., Walker letting him
leave the s,unl without being cross.ex-
amined.
Sergeant Lucas and Officer Kolley testi
fed to visiting tho house after tho affair,
but they did not hoar Fannie mako any
statements.
Detective Witsil and Sergeant Evans
gave testimony. The state then closed.
Mr.. Walker opened the defense by putting
Trusty on the stand. He testified that he
went home at 10 o clock to go to bed when
Fannie Kelley came in drunk, swore at
him and said she would put him out.
Trusty jumped cut Of bed and a,t,mpt-
cd to get his clothes. He had words with
Fannie Shn got tho lamp and told him to
get his clothes and get out. She made
threatening moves toward him when he
told her to keep away, AS she again np--
preached him he pushed hcr away: size fell
on the lamp and down stairs.