Los Angeles herald., 1910-07-29
BLAMES GASOLINE
STOVE FOR Deaf H
Witness TeStifieS Mrs. SkeIIy
Said She Filled Tank with
Burners Lighted
ATTORNEY TILTS WITH COURT
Woman Declares Lawyer Told
Her Not to Report Dying
Words of Victim
ATTORNEY TILTS WITH COURT

SANTA ANA, July 2S.-The defense
in the trial of Frank F. Skelly, charged
with the murder of his wife at West
minister, May 6, called its first witness
to the stand this morning and drew
out the first statement that has been
made charging Mrs. Skelly with being
the author of the horrible accident that
caused her death. The statement was
made by Mrs, Harrison Frost of West
minister, who testified that in reply to
her question: "Mrs. Skelly, how did
this happen?" Mrs. Skelly replied:
"Oh, filling the tank while it was lit.
On cross-examination Mrs. Frost said
she was a stranger to Mrs. Skelly, ana
went into her room only on call from
Mr.. Skelly, who was badly burned; that
the first words she heard Mrs. Skelly
utter were: "Oh, Frank, you have
murdered me-" Skelly not replying.
This was the only other statement she
heard from Mrs. Skelly besides the one
first testified to.
Mrs. Frost testified on cross-eXamin-
alton that while in the district attor-
news office she told him Of Mrs. Skel-
ly's statement about the fire happen
ing from her filling the gasoline tank,
and that he told her to keep still about
1t.
SLIGHT TILT OCCURS
DR.. Violet of Garden Grove, the first
physician to reach the Skelly house on
the morning of the burning, testified as
to Mrs. Skellys burns, also those OF
Skelly. He testified that Mrs. Skelly's
sufferings were most excruciatlng. Or;
Violet testified that Skelly walked
about excitedly, and once fell prostrate
on the floor; when Mrs. Skelly ex-
claimed: "Oh, Frank, Frank" Skelly
replying: Never mind me. Attend to
Ethel"
Counsel Rutan of the defense inti-
mated that there had been favor shown
to the prosecution in regard TO adnis-
sion of evidence. Judge West said he
should be too courteous to so charge
the court" Following up the little tilt,
Attorney Rutan made an exception TO
the courts remarks.
Earl Frost, son of Mrs. Harrison
Frost, corroborated his mothers testi-
nonv as to Mrs. Skelly's admission that
the fire came from her filling the tank
when lighted; he heard Mrs. Skelly
say: Frank, why did you do it?'' and
Skelly's reply: "Ethel, didn't do it
ON cross-examination Frost said he
stood behind his mother when she
questioned Mrs. Skelly; that he lett
for Seattle and Lake Cushman on May
o. that he was brought back by the
penses: that some money in the mat
ter was vet coming to him, being de-
posted in the bank to be PAID at the
end of the trial; that the amount he
was to receive was his fare and one
months wages; that he had not told
anv- person in California between May
6 and Nav 20 that he had heard Mrs,
Skelly's statement; that he had writ
ten his mother he believed Skelly was
innocent and that he knew something;
that he did not tell what he knew for
fear the letter might be lost
GIVES OWN OPINION
Attorney Fleming here remarked;
Here was a man charged with mur-
dering his wife, and you had this evil
dence, yet were afraid to write II 10
your mother"
''Yes." replied the witness.
Frost denied having said to Frank
Phillips and his mother in a conVersa-
tion with them at Hansen, in reply to
a ouestion as to what he thought of
Skelly being guilty: IT hate to say 1t,
but it looks awfully funny to me that
If he were innocent he would not de-
fend himself against what his wife
said. All the time she was accusing
him the only words he said were: No,
dear, 1 dropped it.
The prosecution expects to prove that
Frost did make such a statement.
Mrs Bertha Grant gave evidence
that she heard Mrs. Skelly say, while
suffering, on the morning she was
burned: 'Oh, Mrs. Grant, Frank has
murdered me. Frank, why did you
do it?" and that Skelly said: why
Ethel, I didn't do it."
on cross-examination Mrs. Grant tes-
titled to hearing Mrs. Skelly repeat her
accusation a dozen times, but did not
hear Skelly say, "I dropped it, or i
didn't know it was gasoline
She said she saw Mr.. Patterson take
the gasoline tank either from CHAIR
or the floor. ,,.-,-
Mrs. Sarah Flower, intimately ac-
ouainted with Mrs. Skelly, said she mad
seen Mrs. Skelly fill the gasoline stove
three times while lighted, saying the
last time she saw such an occurrence
was two years ago 80
She denied ill-feeling between herself
and Mrs. Skelly, and also that she had
reneated a story about Mrs. Skelly
causing expense by staying in hos
nital when not necessary. She SAID
She was on Skelly's note for $500 as
indorser. -. .o
The defense expects to rest it's case
tomorrow. The jury will be taken to
westminster to view the Skelly house
and premises.
-e-s-$---