White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1920-06-13
JURY O|SAGREES
IN MARIE HEALY
MURDER TRIAL

After legal battle OF four days III
tho case Oh Marie NJ. Healy, tried In
he district court on charge of mur.
der In the first degree, the jury
could not reach an agreement In
could not reach an agreement in
more than sixteen hours of dellbera-
ion and were discharged by the
court Friday morning.
Marie NJ. Healy was charged on
information by District Attorney ii.
W. Edwards with the deliberate and
premeditatod killing OF her husband.
!. c. Healy. at their home Ia Central
ely on the evening of the seventeenth
cf last May.
The trial began in the district
eourt before Judge c. J. McFadden
last Monday after every legal ad'
rantage had been taken by G. A.
Whitciey. attorney for the defense.
and finally oyerruled By the court.
The action OF Attorney Wbiteley
in presenting a motion for Dismissal.
caused a stir among the legal lights,
presenting as II did a feature that
had not been considered by the attor-
neys in past cases. The motion was
based on the claim that no prelim-
mary hearing had been held for the
reason that Justice j. NJ. Collins, be-
fore whom the purported hearing
was held. had no judicial power 10
conduct sucn hearing. owing to the
fact that the justice was holding a
federal office and a county office n
the same time, which under the state
constitution disqualified him for the
position of justice Of the peace. The
court overruled the motion basing its
ruling ON the fact that the acts OF
the Justice We're. in legal terms. de
tacto. and that the preliminary hear
ing was regular.
The opening day of the trial was
spent In selecting Jurors and before
me preemptory challenges OF the at
torneys had been exercised the yenlrc
Of jurymen was exhausted and with
eleven jurors In the box the court de-
clared a recess until an additional
venire could be drawn.
The eleven jurymen were locked
mp over night and Tuesday morning
the new venire answered the roll call
in court and the panel was com
pleted.
The state, represented by District
Attorney Edwards. presented a strong
case. based on the theory that the de-
fendant lured the husband 10 the
house and deliberately fred TWO
shots from .3s calibrc Colts re-
volver in the back of her husband
and then poured sulphuric acid upor
herself as an excuse for committing
tho crime. Exhibits introduced by
the state were the coat of the muir
dered man, the gun, bottle haif
hlled with sulphuric acid. the acid
burned night gown of the defendant
and other articles found In the room
where the shooting took place
The court room was crowded io
capacity when the case of the defend
ant was presented by Attorney White
ley. The gentler sex were very much
in the majority and followed the trial
with diligent attention. The inter
eat reached the climax when the de-
PENDANT. Mrs. Marie NJ iieaiy, small
fiark-eyed woman, took the stand In
the defense of her own life. All
through the trial the defendant ap-
reared TO take q keen interest In the
testimony of each witness, but did
not display at any time any outward
sign of emotion. During her tesu-
mony on the stand Mrs. Healy was
extremely pale and gave an impress
sion to the battery oil eyes turned
upon her of q person suffering great
mental anguish. When telling CT
hearing the man In the dark groan
and fall the defendant lost control OF
her emotions and. covering her face
with her handkerchief. she bowed
her head while her frail body shook
with sobs
The ticking OF the court room clock