Evening journal., 1898-05-27
APPEAL FOR FISHER.
His Case to Be Taken to the
Supreme Court.
TRUsTY Oh TIE WITNESS STAND

HE Is TELLING THE STORY OF dIIS |
QUARREL WITH FANNIE KEEL
UEY-TWO MONTHS FOR NAH
LON FOSTER.
William Fisher, colored, the man in |
dicteG for breaking and entering the
house Of William Hunt, in this city, |
for the purpose of feloniously assault |
ing Mrs Hunt, was convicted yester-
day by jury in the Court of Oyer and
Termner. After being out four hours
the jurors returned a verdict OF guilty
with recommendation OF mercy, which
will not avail the man, for, unless his
attorney takes steps for new trial, the
court must sentence him to the death
penalty, it having no discretion in the
matter.
TRUSTY'S TRIAL ON.
| The trial of Albert Trusty, colored,
| indicted for murder in the first degree,
was begun yesterday afternoon.
The allegation is that he caused the
death Of Fannie Kelley, a colored girl
at No. 10 Lord street. by hitting her
| with a lighted lamp on the night Of
1 a
from the burns she died. Julian G.
Walker represented the prisoner.
Jury was drawn after the defence had
challenged seventeen men, and the
state seven. Three were excused be-
cause they had conscientious scruples,
and one had formed an opinion, which
could not be changed. The panel was
exhausted, and Sheriff Finn drew four
talesmen from the crowd of spectators,
The Jury follows: r.. S. Broadhent,
Alexander Stevenson, Robert Andrews,
Lewis Ball, lie Roy Roberts, Charles
: Crumpton, John c. Adams, George b.
Ward. John Craig Harvey Cranston,
3 David R. Smith and George II. Hollis.
2 In opening Deputy Attorney-General
Cooper said that although the prisoner
e was indicted for murder in the first de-
gree he would abandon that and only
} ask for a verdict of manslaughter.
4 Martha Duckery, colored, testified
e she and Lee Ruley arrived at Fannie
Y | Kelley's house, No. 10 Lord street
i | about / O'clock The Kelley woman
- went upstairs and began upbraidins
l Trusty about spending for drink money
= she gave him to buy her shoes. Sh'
afterward heard the lamp fall and th'
S Kelley woman came running dowI
> stairs in a blaze. She and Lee Rule!
@ extinguished the flames. They carried
a her into an adjoining house and pu
her on a lounge.
* Deputy Attoney-General COOpe
asked the witness what the burne
" woman said to her. Mr.. Walker oh
II jccted. The question was still being ar
gued when court adjourned until thi
morning.
This morning the court sustaine
70 Mr. Walkers objection to Marth
N Duckery, reclting the statements mad
- by Fannie Kelley after she wa
n iburned.
II Under cross examination She denle
ts Chat She and Fannie were intoXicate
X on the night of the killing. She admi
"a | ted that SHE HAD been drinking.
Ss Harriett Johnson, aunt of the VII
~ I'm of the tragedy, told the jury Oh.
~ she saw Fannie Kelley prior to h'
III. death and had conversation with he
oT. She said that Trusty threw the lam
at her. She dOdged it and Trusty pusl
ed her down the stairs into the Durl
ing oil. Fannie told her she was gOir
% to die, and that she was unable to pra
- The statements were made in her pre-
~ ence alone The object OF the sta
.et was to establish am aute-mOrtem stat
N. ment by tine deceased.
IT Mn Walker who is putting up
II pretty stiff defence, asked the witne
NJ who told her to make these stat
si, ments on tine witness stand.
,e- THE Encouragement, ," she replied
Mr.. White protested, and on redire
examination she stated that he h.
merely asked her questions and s.
.oa had answered them.
he Martha Duckery was recalied, al
.n again asked what statements the bur
~, ed woman made to her. Mr.. Walk
80 again objected, but Martha was perm
of ted to state that Fannie told her S
eet was going to die and cOnversed wi
Ne her before and after that stateme
oiv Then the state endeayOred to get
ali | the balance of the conversation. n
Walker objected, and a majority of
court decided that the statemel
should be admitted Judge Spruar
'aS dlss5nted.
an Judge Spruance said that he was !
ilaay satisfied that when the statements W,
al made Fannie was under apprehensi
a. Of death.
III III Mr.. Walker noted an objection to
ITO ruling Of the majority of the court
Witness-"She went and put
arms around me- We were sitting
the lounge. She laid back on my al
set- l said: My, Fannie, you are burr
ate, terribly She says: Yes, Martha
/. & am going to die l said: Pray, f.
;Old ME She says: I can't Then, al
cilc that, Mrs. johnson gave her anot
drink of water, and she was still ly
on my arms when the officers came
the house. She said Bert threw
'E. lamp at her head and missed her
the throwed her into the fire. She told
are that in the presence of Mr.. Green.
hon Mr.. Cooper-"Did she say anyth
JUS else to you before she was put on
ICES stretcher?"
ton NO, sir"
What else did she tell you after
was on the stretcher?"
"She told me, after she was on
+hts stretcher, to take her things"
90 Lee Ruley, colOred testified to Trl
psr and Fannie having the quarrel {
sar the shoes. Then she came dOwnst
90 in a light blaze. He ran out at I