Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-12
MAG|LLS FACE
JURY FOR
MURDER
STATE CLAIMS VICTIM
WAS CH0KED TO DEATH
Prosecution Scores Accused
Banker and Woman He We'd
ded Before His Former Wife'S
Body Was Cold,

! GBy Morning Journal Special Leased Wire
Decatur. H.. Oct fi-Assistant
States Attorney Mitchell. of Dewitt
county, opened the actual trial OF
Fred and Fay Msgill this morning
when he began outlining the states
case to the jury. He spoke briefly
and according to his opening state
ments the prosecution will endeavor
10 prove that Fred Magill murdered
his first wife, Mrs Pet Candy Magill.
by strangling her after he had given
her chloroform and that his present
wife, Mrs. Fay Graham Magill was
an accessory before the fact The state
viii also seek 10 show that the Pet
Magill letters were forgeries and will
place particular emphasis on what Il
known as the seventh and eighth
letters The seventh was the one in
which Magill was urged to marry Fay
Graham. and the eighth" was the
To have been an acknowledgements by
Pet Magill to her parents that she
was IN love with another man than
her husband. Judge COchrane has or
dered the witnesses for the defense to
be on hand Monday morning at 3
O'Clock.
Mr.. Mitchell. in his opening state
ment made much OF the fact that
Magill failed to call neighbors on
discovering the body OF his wife, and
that a doctor living ten blocks away
was first summoned. The prosecutor
alleged Magill had practieed series
Of deceptions on the public 10 keep
the facts of his wife's death secret.
Prosecutor Mitchell admitted Pet
Magill had bought chlOroform and
strychnine, but he declared that they
were for killing cats. lie asserted
Magill took advantage Of the presence
Of chloroform to murder his wife.
"Magill." said he. was constantly
with Fay Graham from the time OF
his Vife's death until the time OF the
funeral Relatives had to remonstrate
against their scandalOus conduct
The state alleges that Fred Magill
feared everything and everybody for
days after the tragedy. He repeat
edly said he feared he would be tried
for murder" The state made a point
of Pet Magil's near-sightedness and
the glasses found in her husband s
bedroom. Pet Magill could not IL
was asserted by the prosecutor. have
found poison and mixed II without
glasses.
Judge G. X. Imam. Of clinton,
stated the Magill ease for the de-
Tense. lie admitted that there had
been close relations between Fay Gra-
ham and the Magills. This was at
the earnest request of Pet Magill. The
defense contended that II was owing
to the unfriendly relations between
MagilTs relatives that Pet Magll was
driven to suicide Also that II was
these unfriendly relations that forced
Pet Magill to make an Intimate of
Fay Graham. for Pet had to go out
side the Magill family 10 get her
friends
After a brief statement by the law
vers for each side the Introduction of
testimony was begun. Wesley Davis,
a tenant on Magilrs farm. testified
that he heard Magill say that "he fell
a rope around his neck and ne wanted
to die" He also listened To Magill
read the letters alleged to have been
written by Mrs. Pet Magill Mrs. Da-
Wis testified that she had asked Ma
cill as to when his wife had retired
on the night Of her death, and on be-
ing told at II o'clock, remarked that
she must have been kept busy writ
ing letters from then until she had
killed herself Magill's response was
that some of the letters were written
"A long time before MS VIE idh hiiifh
herself. Maude Taylor of Chicago,
described a visit paid her last July bv
Fav Graham now Mrs. Fred Magili!
The young woman talked freely OF the
Clinton affair and said whether Pet
Magin had lived or died made no
difference because Fred had deter
mined TO get a divorce I'm order To
marry her. Miss Nettie Carr. who
went to he Magill home after the
death Of Mrs. Pet Magill TO remain
after the funeral, testified that she
and Fay Graham slept together and
that Fred Magill occupied bed on
the floor In the same room.
She heard him say that he had been
watching Pet Magill for some time %
prevent her from committing sui
eide.
Or Myers. the principal witness for
the state, admitted on cross-eXamina-
ton that he treated Mrs. Pet Magil
for heart disease and that "A person
with a weak heart would succumb tv
with less struggle than q
healthy parSou. He was familiar
with Pet Magilrs handwriting and be-
Iieved that the note pinned TO her
gown was genuine and also the letter
that Fred Magill had shown. The
prineipal difference between her
and that Of Fred Magin
was uniformity In the formation OF
letters Mrs Magills penmanship
was rather masculine IN its general
a appearance.