The sun., 1898-05-28
THE TRIAL OF
BERT TRUSTY
Testimony All In and the Court
Will Charge the Jury
Today.
THE ARGJTNFNN AE COIrNSET
THE ARGUMENT OF COUNSEL
Weak Address Of Mr.. Walker
for the Defense.
Chief Justice Lore Announces that
AllLiquOr License Cases Presented
by the Grand Jury Will be Con-
timed Until the Next Term
OfCOurt.

ofCourt. ..
The trial of Albert Trusty was re-
sumed yesterday morning in the Court
of Oyer and Terminer and the
the court ruled that the uues.
tion asked by Attorney Cooper of Marths
Duckery. relative to the statement made
to her by Fanny Kelley was admissi
be.a
Martha Duckery was then recalled
and stated that she had seen Trusty or
the night Of the accident. She said he
came down from the second story and
was told of Fannie's condition. After
asking if Ulysses King was at home he
left the house. The witness stated that
King was "her man."
On being cross-examined the Duckery
woman said that she and Fannie had
met Ruley at ''The Shoot" a saloon near
Front and Market streets.
The burnt clothing and a portion of
the lamp alleged to have been thrown
were then introduced in evidence bv
Mr.. Cooper and identified by the wit
ness. Attorney Cooper then stated that
the date of the Indictment was a mistake,
he having named April y.
Police officer Maloney testified that
April 9TH, was the correct date upon
which the occurrence took place.
Harriet johnson stated that Fannie
Kelley said to her on the particular
night in question. ,"Tm going to die,
can't pray" When asked what else
she had said the defense objected, but
was over-ruled, and she said that Fannie
had told her that Trusty had thrown
the lamp at her but she "ducked' her
head and the lamp fell down stairs,
that he had pushed her and she fell on
top Of 1t. --
On cross examination Mr.. Walker
asked the Johnson woman who told ner
what to say when upon the stand. She
pointed to Attorney White. This
created laugh in the court, but on a
direct examination, she explained that
she meant that when Attorney White
asked her questions she could answer
them.
Martha Duckrey being recalled by the
State, was asked to tell what Fannie said
to her. Objected to by the defence.
Judges Lore and Grubb ruled that the
testimony was admissible. Judge Spru-
ance dissented but later withdrew his
opinion. Martha stated that she heard
Fannie sHy she was dying and could not
pray.
Lee Ruley testified as to his where
abouts on the night Of the 5th of April,
and Sergeant Lucas testified as to Trus-
ty's arrest, and officer Kelley to sending
Fanny to hospital.
Captain Chambers stated that Trusty
had told him that he was III bed and
that Fannie came home drunk. She
cursed him and made him mad, and he
pushed her and she fell, knocking over
the lamp, which was sitting on the floor.
Detective Witsil testified that Trusty
told him about the quarrel over pair OF
shoes, and that he had pushed Fannie
and that she fell, knocking over the
lamp. Sergeant Evans testimony was
substantially the same.
DIR. Palmer stated that Fannie was un-
conscious when brought to the Delaware
hospital. He also described the nature
of her injuries and said that death was
due to the shock. The State rested at
l2.4o and Trusty was put upon the stand
for the defense.
He testified that he was in bed when
Fannie came home drunk. She swore at
him and called him vile names AMI
to put him out of the house.
He got up from bed and while putting on
his trousers she struck at him. He was
then standing upon one foot. lie pushed
her away and she fell knocking over the
lamp. He then ran down stairs, before
getting his trousers on, carrying them on
his arm. He went out of the house De-
MED that he had thrown the lamp.
While being cross examined the court
adjourned till go p. m.
At the opening OF the afternoon ses-
sion the prisoner was recalled and qucs-
toned relative to his actions on the
night of the 18th. Percy Coursey was
called and testified to the fact of 1'rustv
being arrested in his house. John D.
foreman of the Coroner's
jury for the defense testified to the size
of the room in which the crime was said
TO have been committed, and also to the
nature OF the burn on the stairs. When
asked if he had h,ard Martha Duckerv
say where she as sitting when she said
.he saw the light shining down stairs.
The defense objected and was over.ruled ,
The witness stated she said she was sit. !
ling in the lower room and could see the
reflection plainly down the steps.
Charles Whann testified to the burns
IN the stair steps. ID. II. Lewis and j. b. /
Sisler were called to prove the character
If the prisoner The latter did not know
lim. The defense rested at 1925 and At |
,orney General White opened for the
state in all argument.
He stated that no matter what Ian .
yuage the woman used, the prisoner had
no right to lay hands upon her. He
spoke ten minutes and was followed IN a |,
weak address by Mr.. Walker for the de-
lense. He finished a fifteen minute
statement by adding that "there was no