Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-12-17
SEES WIFE
KILL HIS SON BUT
MUST De SILENT
Rule of Law That Husbands
and Wives Cannot Testify
Against Each Other Forces
Dismissal of Charge
Especial Dispatch to The Journal)

Especial Dispatch to The JournaL)
CAPE GIRARDEAU, Mo-, Dec. H.
Richard Lively stood silent in a mag
istrate's court here as the slayer Of his
son, Harry, was dismissed because he
was not permitted to describe the homi-
eide, though he had witnessed it. The
incident furnishes a very unusual case
OF the application Of the long establish
ed rule of law that husbands and wives
cannot testify for or against each other
Richard Lively had told States Attor-
ney Doris how Myrtle Lively, his nine
teen-year-old wife, in an outburst or
temper had plunged a butcher knife
into the heart of his son, Harry, aged
twenty-three, but helpless to defend
himself, because Of a broken arm.
Possessed of this knowledge, but le-
galIy bound not to apply it, public pros
ecutor and parent were powerless to
stop the dismissal
The next remarkable phase of this
unusual case will occur at the January
term of court when the prosecutor will
attempt to build around Mrs. Lively a
net of circumstantial evidence or prove
beyond a doubt the story that he has
heard under such unusual circumstan-
ces. With this object in view he caused
the immediate rearrest of the dismiss
ed prisoner and is summOning her
neighbors and others who have talked
with her since the homicide in an eff
fort to reconstruct the Story.
He will have one satisfaction that is
denied most prosecutors who work on
this Ineory, when his net is completed
he will know that he has reached the
hight conclusion and is not convicting
an innocent person. Mrs. Lively was
married ooce before and has child two
years old by a former husband Since
she married Lively she often has given
way to violent outbursts of temper.
REMAINED OVER NIGHT.
Her husband took her to a party and
they remained over night When they
reached home in the morning she saw
a duck running around the yard and
began to scream with rage because
some one had allowed it to get loose
after she had penned it up the night be-
fore.
Mrs. Lively demanded that her hus-
band drive at once to Allenville and
sell the duck, but he refused, saying he
had work to do on the farm.
Harry Lively, with his broken arm in
a sling, was standing near where mis-
father was unloading corn from wag-
on when the father went to the house
for a drink of water A few minutes
later the parent rushed out of the
house, pursued by Mrs. Lively, who
was carrying butcher knlIe.
Lively reached the garden gate and
slammed it shut to stop his wife AS
he stood holding the gate Mrs. Lively
made lunges at him with the knife, &C
cording to the story he told to the
prosecuting attorney. He also says
that when mis- wife managed to fight
him away from the gate and get
through, she rushed at Harry, who had
approached the scene, and drove the
butcher knife into mis- heart.
The story of the tragedy has been
told to his neighbors by Lively, but
the law prevents him being sworn and
placed on the witness stand to repeat
the story to a jury because testimony
Of husband against wife is incom-
petent.
Lively says his wife changed from
violent anger to violent sorrow when
she found she had killed her stepson.
Keeling under the knife blow, the
young man exclaimed:
''Father, she has killed me-" He died
in his fathers arms.
William Schuette, one of the neigh
bors early on the scene, testified TO
hearing the hysterical screams of Mrs.
Lively lust before the killing. His was
the only testimony offered at the first
trial.
Certain admissions said to have been
made by Mrs. Lively after the killing
are being Investigated by the prose-
cutor, and will be used to supplement
the circumstantial evidence.
Mrs. Lively is a good-looking young
woman and is in Jail, not being able
to furnish the $4,000 bond required on
the second charge.