CHAPTER
IX
Dr.
and Mrs. Hearne Indicted
JURY composed of the following gentlemen: Sam Withers, Robert Kerrick,
S. F. Roderick[31],
Henry Elzea[32],
Elijah Hawkins, John H. Davis, H. C. Herlich, W. B. Pettibone[33],
A. G. Hamlin, Fred Bassen[34],
George W. Dulany[35],
Thomas Robinson[36],
returned an indictment against Dr. and Mrs. Hearne,
charging them with the murder of Amos J. Stillwell.
Armed with the capias, Sheriff Pratt started for the residence of W. T.
Perkins, where Dr. Hearne and wife have been stopping since they came from
California. He found Dr. Hearne
standing on the street in front of the house engaged in a conversation with a
representative of the Journal. “I
suppose,” said the doctor, “you have come to arrest me.”
“Yes, sir,” responded the sheriff.
“Well, I am here and subject to your command,” replied the doctor.
The doctor invited the sheriff to enter the house.
He did so and read the warrant to Dr. Hearne and his wife and placed them
under arrest. Just before leaving
for Palmyra the doctor manifested a feeling of uneasiness.
He was fearful of a mob and told the officer so.
The sheriff informed him that there was no danger and that he would
protect him even with his own life.
The prisoners arrived at Palmyra about 10 o’clock and were placed in a
jail. Mrs. Hearne was given a room
with Mrs. Virginia B. Todd, who is accused of murdering her daughter, and Dr.
Hearne was placed in a cell with Doug Roland, charged with grand larceny.
It was expected by many that when the time arrived for Dr. Hearne and
wife to start to Palmyra to enter prison that Mrs. Hearne would break down, but
she tripped out of the house as spryly as a young girl, and entered
the carriage apparently perfectly unconcerned.
She had made up her mind to make the best of it and her bravery was
remarkable. Dr. Hearne took a seat
by his wife in the carriage and bade a cheerful good bye to those present.
Sheriff Pratt arrived at 10:30 o’clock, having in charge Dr. J. C.
Hearne and wife, charged with the murder of Amos J. Stillwell.
When near the home of Dr. F. W. Bush[37],
a reckless driver ran into the surrey driven by the Sheriff and containing the
prisoners, breaking the pole and smashing up the vehicle considerably.
It was so badly wrecked that another conveyance had to be sought. The occupants were not injured at all and walked to the home
of John Bush, where they attempted to secure a spring wagon.
Mr. Bush hadn’t a spring wagon and Sheriff Pratt went to the home of
Robert Sarson and secured one. They
arrived at Palmyra about an hour behind time.
There were about 100 people at the jail to see Dr. Hearne and wife.
When the party arrived at jail Mrs. Hearne was calm and
collected, but the doctor was agitated.
The doctor seemed very nervous when the door was unlocked to admit him to
prison life. Dr. Hearne and wife
brought their bed clothing with them, and Mrs. Todd kindly arranged a cot in her
cell for Mrs. Hearne. Dr. Hearne’s cot was placed in the corridor down
stairs along with Doug Roland, in for robbery.
The doctor still maintains his innocence of the crime with which he is
charged and says that he will demand a speedy trial.
“I want it tried quickly and right here,” he said.
They arranged to have their meals sent in to them from the Mitchell
Hotel. They will be kept in prison
until the September term of court. The doctor was subjected to trial by the Kangaroo court,
composed of fellow prisoners. The
charge was breaking into jail. John
Nelson, who is under sentence, officiated as judge, Doug Roland as sheriff and
Ed Feeney, prosecuting attorney. The
prisoner was found guilty and fined one dollar, which was promptly paid, and promptly invested in tobacco for the common use of
the prisoners. Dr. Hearne inquired
of Deputy Wachendorfer as to the spare room in Sheriff Pratt’s residence,
being confident that he and his wife would be given quarters outside of the jail
proper. The idea was quickly
dispelled when he was ushered into one of the two iron cages and introduced to
his colleagues.
There is a rumor that a telegram was sent from Quincy by an attorney to
Dr. Hearne immediately after the divorce had been procured by Mrs. Hearne,
something like the following: “Re-marry
at once; trouble ahead.” There
are all sorts of wild rumors and there may be no truth in the statement.
Mrs. Hearne had evidently made up her mind to meet any emergency.
Her friends thought she would show some emotion when the charge of murder
was formally made against her. But
she did not shed a tear. During the
trip to Palmyra the doctor was very talkative, but Mrs. Hearne was silent.
The
Indictment
State of Missouri, County of Marion.
In the Hannibal Court of Common Pleas, May Term, 1895.
The Grand Jurors for the state of Missouri, summoned from the body of
Mason and Miller townships, in the county of Marion and state of Missouri, duly
empaneled, sworn and charged to enquire within and for the body of Mason and
Miller townships, in said county of Marion, state of Missouri, and true
presentment made upon their oaths present and charge that Fannie C. Hearne and
Joseph C. Hearne, on the 29th of
day of December, A. D., 1888, with force and arms at the township of Mason,
county of Marion, state of Missouri, in and upon one Amos J. Stillwell
feloniously, willfully, deliberately, premeditatedly and of their malice
aforethought, did make an assault, and that she, the said Fannie C. Stillwell
with a certain ax, which said ax was then and there a deadly weapon, and which said ax she, the said Fannie C. Hearne, in both her
hands then and there had and held, then and there feloniously, willfully,
deliberately, premeditatedly and of her malice aforethought, did strike,
cut, thrust, penetrate and wound him, the said Amos J. Stillwell, in and
upon the left side of the head and neck of him, the said Amos J. Stillwell, then
and there with the ax aforesaid, by the stroke aforesaid, in the manner
aforesaid, in and upon the left side of the head and neck of him, the said Amos
J. Stillwell, one mortal wound of the length of five inches and of the depth of
four inches, of which said mortal wound he, the said Amos J. Stillwell then and
there instantly died. And that the said Joseph C. Hearne, at the time and place of
committing the felony and murder aforesaid, by the said Fannie C. Hearne, in the
manner and form and by the means aforesaid, feloniously, willfully,
deliberately, premeditatedly, and of his malice aforethought, was then and there
present, aiding, helping, abetting, assisting, comforting and maintaining the
said Fannie C. Hearne the felony and murder aforesaid to do, commit and
perpetrate. And so the grand jurors
aforesaid upon their oaths aforesaid do say, that the said Fannie C. Hearne and
Joseph C. Hearne him, the said Amos J. Stillwell, then and there in the manner
and by the means aforesaid feloniously, willfully, premeditatedly and of their
malice aforethought did kill and murder, against the peace and dignity of the
State.
And the grand jurors aforesaid, upon their oaths, do further present and
charge that at the time and place aforesaid Joseph C. Hearne and Fannie C.
Hearne, on the 29th day of December, A. D., 1888, with force and arms at the
township of Mason, county and state aforesaid, in and upon one Amos J.
Stillwell, feloniously, premeditatedly, and of their malice aforethought, did
make an assault, and that he, the said Joseph C. Hearne, with a certain ax,
which said ax was then and there a deadly weapon, and which said ax, he, the
said Joseph c. Hearne, in both his hands then and there had and held, then and
there feloniously, willfully, deliberately, premeditatedly and of his malice
aforethought did strike, cut, thrust, penetrate and wound him, the said Amos J.
Stillwell, in and upon the left side of the head and neck of him, the said Amos
J. Stillwell, giving to him, the said Amos J. Stillwell, then and there with the
ax aforesaid by the stroke aforesaid, in manner aforesaid, in and upon the left
side of the head and neck of him, the said Amos J. Stillwell, one mortal wound
of the length of five inches and of the depth of four inches, of which said
mortal wound he, the said Amos J. Stillwell, then and there instantly died.
And that the said Fannie C. Hearne, at the time and place of committing
the felony and murder aforesaid by the said Joseph C. Hearne, in manner and form
and by the means aforesaid, feloniously, willfully, deliberately, premeditatedly
and of her malice aforethought was then and there present, aiding, helping,
abetting, assisting, comforting and maintaining the said Joseph C. Hearne, the
felony and murder aforesaid in manner and form aforesaid to do, commit and
perpetrate.
And so the Grand Jurors aforesaid, upon their oaths aforesaid, do say
that the said Joseph C. Hearne and Fannie C. Hearne, him the said Amos J.
Stillwell, then and there in the manner and by the means aforesaid, feloniously,
willfully, deliberately, premeditatedly and of their malice aforethought did
kill and murder, against the peace and dignity of the State.
H. CLAY HEATHER.
Prosecuting Attorney,
Marion County, Missouri
A True Bill:
ELIJAH HAWKINS, Foreman of the Grand Jury.
Witness
for the State
R. H. Stillwell, W. A. Munger, Lizzie Julius, Dr. Allen, Dr. Vernette,
Mrs. J. H. League, Jake Kornder, John E. Stillwell, Benjamin Rodison, S. J.
Miller, James Abbey, Tom Winters, W. O. Rose, J. E. Johnson, Mrs. R. H.
Stillwell, Mrs. Susie Hayward, Josie Brown, Dr. Gleason, W. T. League, George
McCartwright, W. C. Modisett, Ed Herring, J. F. Davidson, Don C. Brown, Albert
Briggs, Stanley Clark, Dr. Gleason.