The Cairo bulletin., 1907-10-19
MAG|LL JURORS
SAY NOT GUILTY
JUDGE COCHRAN DECLARES
STATE FAILED TO PROVE
CORPUS DELlcTL
INSTRUCTED THE, JURY
To Return Verdict Of Acquittai---l,i-
tcresting and Decisive Evidence
Brought Out On Last Day.

instructions from Judge Cochran, th,
Jury tonight returned a verdict ac
quitting Frederick Magiil and his wife
Faye Graham Magill, Of the charge o
numbering Mrs. Pet Magill first wifi,
of Magill In his instructions to tht
jury, the Judge said the state hae
failed to prove corpus delicti.
On May 81 last, Mrs. Pet Maglll was
found dead at her home in Clinton
III. A post-mortem examination held
six weeks after her death showed that
she had been suffocatcd by chloro
form. On July In Denver, Colo,
Frederick Magill, her husband, mar,
ried Miss Faye Graham, young
woman who had been close friend OF
Mrs Magill, Four days later. in San
Diego, Cal, Magill and his second wife
were arrested ON charge Of murder.
ing the first Mrs. Magill. In the trial
the state claimed that MagiIl and Miss
Graham, by their conduct, had driven
Mrs. Magill 10 suicide and were there
fore guilty Of murder. The defense
introduced lotters written by Mrs.
Magill shortly before her death IN
which she complained of "unbearab,e
headaches" aud the constant mag
cling" Of her husbands relatives,
Witnesses also testified that Mrs. Ma
gill had often talked OF committing
suicide. In a letter to her husband,
written the day before her death, Mrs.
Magill asked him to marry Faye Gra-
ham in case anything should happen
to her Magill was employed In the
bank at Clinton, H., chief owner OF
which is vaspasian Warner, United
States Commissioner Of pensions.
YESTERDAYS PROCEEDINGS.
Decatur, ILL.,. Oct. 1S--At the open
ing OF court today in the trial of Fred
and Fay Magili for the alleged murder
of Magill's first wife. Pet. the attor-
neys for the defense asked the court
to instruct the jury to return a yer.
diet of not guilty. because. they con-
tended, the letters found after Mrs.
Magill's death had been proven to be
in her handwriting, and they had been
lio testimony that they were not.
Whats the use of spouting oratory
all day?" argued the attorney. There
Is no proof of murder"
Judge Cochran refused to instruct
for an acquittal and the arguments be.
gan
w. T.. Redman made the opening ar,
gument for the state. He read a de-
rision of the supreme court OF Illinois
u the effect that If person knows
another intends 10 commit suicide.
md II he aids, abe{s or encourages
'uch person In that act. he is guilty
y murder. He argued that Fred Ma
ill knew his wife was contemplating
uicide and that he encouraged her.
dding to her despondency by his at
entions to Fay Graham.
In this Magill mystery there are
everal elements well known to the
awyers on each side. but which can
ot under the rules OF evidence. be
aid before the jury. Thus, a possible
eason why Fred Magill married Fay
;raham within FIVE weeks after the
cath Of his wife was only hinted at
efole the jury yesterday Fred Ma.
IN testified that up to the time his
rife died he had no love for Fay.
Were you in love with her when
our wife died?" he was asked.
Il was not" he answered.
Then why did you marry herr"
ursued the prosecuting attorney.
ITO please Marguerite. to carry out
ny wife's dying request and to pro-
cct her from scandal and gossip"
fas his answer.
The lawyers in the case say the alb
clnte truth is that Fred Magill did |
ot wish to marry ray Graham. he |
eclared positively that he would not |
carry her. He wished to take his IL
ear-old daughter as far away from the
ossiping tongues Of Clinton as he
ould and he sold everything he
wned. and with the $1,000 thus real.
red he planned to go to California.
,sving Fay behind. Then Marguerite 1
at down her foot She said: You
III marry Fay and take her with us
= you will go without me. Mamma
ut me in care Of Fay. She told yuu
, marry Fay. and you shall do IL
This is the story as Marguerite has
Id II in confidence to her fathers
iwyers and they believe H. II Il j.
ne it explains many things hithertoi
nexplained in this tragedy.