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The Trial of the Hearnes 

HERIFF PRATT arrived on the Brookfield accommodation at 10:55 a. m. with Dr. and Mrs. J. C. Hearne.  The train stopped at Fourth street, and the prisoners walked from there to the court house in charge of the officer.  The Case of the State vs. Frances C. and Joseph C. Hearne, indictment murder in the first degree, was called.  Dr. and Mrs. Hearne entered the court room in the custody of the officers and accompanied by their attorneys, Col. R. E. Anderson and Geo. M. Harrison[38].  The case will be called on the first day of the Pike County court in November.

D. A. Ball, of Louisiana, has been employed as additional counsel for the defense.  Col. Dryden was not present.  The attorneys for the state will be Ras. Pearson, prosecuting attorney for Pike county; H. Clay Heather, prosecuting attorney for Marion county; Champ Clark[39] and Dick Giles.

Dr. Hearne and wife were taken to the grand jury room and remained there until noon, when they were taken to the Park hotel.  One table was set apart for Dr. Hearne and wife, Harold Stillwell and Mrs. Virginia Todd and her sister, of Bowling Green.  Dr. Hearne and wife will be taken to the Bowling Green jail as soon as the transcript has been  completed.  The prisoners were taken to Palmyra this afternoon.

Dr. J. C. Hearne and wife, under indictment for the murder of A. J. Stillwell, the pork-packer of Hannibal, in 1888, were brought to Bowling Green yesterday on a change of venue from the Marion county circuit court and lodged in jail to await trial, which is set for the first week in January.  The prisoners appeared to be well and cheerful, though Mrs. Hearne seemed a little nervous.  She was neatly dressed in a blue skirt and hat, with white shirt waist and white bow at throat.  The doctor was attired in black and wore a Masonic pin in his lapel.  The prisoners entered a carriage and were driven direct to the jail, where Sheriff Daugherty took charge of them.  Dr. Hearne was placed in a  steel cell, but not in the cage.  His room is 6 by 15 feet, contains a stove and cot and has new matting on the floor.  One grated window admits a dim light.  Mrs. Hearne fares better.  Her apartment is not a part of the jail proper, but is a brick room on the second floor, a part of the sheriff’s residence, and is tastefully furnished.  Brussels carpet, with a pretty design of vines and roses, oak chairs and table, one rocker, bedstead, washstand and dresser, the latter with French plate mirror.  In Marion county, Pike county has the reputation of not convicting prisoners of murder in the first degree, and the impression has gone out there that the people of this county are rather opposed to capital punishment.  Whether this is true or not, it is undoubtedly the reason that the Hearnes asked to be tried here.  Dr. Hearne is getting tired of confinement.  He said he was anxious to get back to his business and did not believe he would be confined much longer, so he evidently believes that Pike county will hold to her reputation and clear him without much trouble.  Mrs. Hearne still manifests that stony indifference and silence she has shown from the beginning. 

The Trial 

Bowling Green, Mo., Dec. 11.

Court opened at 10 o’clock this morning and the Hearne party was brought in by Sheriff Dougherty, accompanied by W. T. Hearne, of Independence, Mo., who is an uncle of the doctor, J. W. Hearne, of Chicago, also an uncle, and Frank P. Hearne, of Alton, a half-brother, who is here to stand by Dr. Hearne and furnish all the money required to fight the case to its bitter end.  He believes in the innocence of the doctor, notwithstanding all that has come out tending to the contrary.  Mrs. Susie Hayward has expressed herself as not wanting to come to the trial to testify.  The jurors to serve on the case are all farmers except one, who is a druggist, and all are married men.  Daugherty and Hearne spend all of their leisure time in abusing newspapers and patting each other on the back.

The witnesses who will be first called to testify will be H. Clay Heather, Richard H. Stillwell and Sample Birch, for the state, and Mrs. Hearne, Rufus Anderson and Miss Virginia Hearne for the defense, and they will be permitted to remain in court by agreement, but all other witnesses will be excluded.  G. Dick Biggs has arrived in the city with the ax with which Mr. Stillwell was murdered, and the blood stains are still upon it.  Excitement in this case is raging and there is considerable speculation as to what the final outcome will be.

Court was called to order again, when Prosecuting Attorney Heather submitted a list of new state witnesses.  H. Clay Heather then began his opening statement, and said:  “I will now unfold to the court and jury the fatal assassination of one of Missouri’s best and wealthiest citizens,” and after dwelling to some extent on the character of Amos J. Stillwell, went on to say that “Dr. Hearne’s wife had killed him, and that the validity of the indictment devolved upon the character of the Marion county grand jury.”  He went on with his opening address and made a concise statement of the case.   Mrs. Hearne remarked to friends that she had been hypnotized by the wily doctor.  Attorney Heather went on to say that he expected to prove a deep conspiracy on the part of Dr. and Mrs. Hearne.  It  was the effort of Heather’s life and made a good impression on the jury.  When court opens tomorrow it is expected that more sensational developments will occur. 

Dr. Hearne to Face the Music First 

N. C. Dryden, attorney for the defense,  called up the motion for a severance, and suggested that Mrs. Hearne be tried first.  Prosecuting Attorney Heather objected to this and asked that the doctor be tried first.  The court decided that the doctor should be tried first making first victory for the state.  Champ Clark, co-counsel for the prosecution, asked how many had visited the Hearnes at the jail.  This move was made a basis for disqualifying jurors, but Judge Roy ruled that the simple fact of having visited the jail would not be sufficient to disqualify, unless a conversation had been held with the Hearnes.

Bowling Green.  3:30 p. m. - Harold Stillwell, oldest son of Mrs. Hearne, arrived at noon.  When he entered the court room his mother called him to her side.  He looked at her and hesitated.  Then he entered within the railing and sat by her side.

On examination, five jurors from the second panel of twelve were excused on account of having visited the jail and conversed with the defendants. 

A Defiant Sheriff 

At the time of Hearne’s arrest, and in fact till he came into Mr. Dougherty’s keeping he was crestfallen.  This has all disappeared and Hearne is himself again.  He made an open threat in the  court room against a representative of The News and crossed Prosecuting Attorney Heather.  Mr. Heather was standing between the doctor and his daughter addressing the court, when Hearne said:  “Get away from here.  Don’t stand between us.”  The state’s attorney replied in a caustic manner:  “Who appointed you officer of this court?”  Mrs. Hearne is improved in looks, having gained in flesh since she has been in Bowling Green.  She wears a cloth skirt and blue shirt waist, gray cloak trimmed in fur and a pretty little bonnet.  When looking at her adversaries the fire snaps out of her eyes, but she is usually laughing and talking with friends in the court room, not seeming to realize the situation.

Champ Clark, of the attorneys for the state, made a remarkable statement today that if Dr. Hearne was not hung it would not be because he has not said and done everything he could to give out the impression that he committed the murder, except to confess it.  The state will attempt to show that Dr. Hearne was at the bottom of the prosecution started in Hannibal some time ago against Dr. Vernette for assaulting the Hawkins girl, knowing that at some time Vernette might be a valuable witness against him and with the view to forever discrediting him.  In examining jurors Champ Clark took a delight in asking them if they had called at the jail and been introduced to the Hearnes by Sheriff Dougherty.  Many answered in the affirmative that it became a joke.  One juror Champ Clark asked:  “Have you been down to the jail yet to pay your respects to the Hearnes?”  Senator Ball, of the defense, objected on the ground that the question was improper, and he was sustained by the court.  One juror when asked if he had met Dr. Hearne, replied that he had formed the doctor’s acquaintance in the post office some weeks ago, and since that had met him several times on the streets.  The sentiment here in Bowling Green is divided.   More than half the people in Bowling Green have called upon the Hearnes personally and have been introduced by the sheriff, who never loses the opportunity to present these “distinguished guests” in the best manner.  Mr. Dougherty is defiant.  He is in bad repute with the best citizens here and is probably serving his last term as an officer of Pike county.  The doctor has come to the conclusion that he was mistreated by Sheriff Pratt and has sent word to that gentleman that among those he is going to kill when he gets out are Dick Stillwell and Sheriff Pratt. 

It may be true that the defense wanted to try Hearne first, but it is also true that the state wanted to try him first.

Bowling Green.  Dec. 12. - The Hearne trial has opened in earnest and with all parties on their mettle.  Much interest is now centered in the jury.  It is composed of three young men, five middle-aged and four aged men.  All are good, substantial and intelligent men, who will, it is believed by both sides, decide the case honestly.  They have families and can realize what it is for a man to work a life-time, accumulating a competency and rearing a family, and then while enjoying the fruits of his labor in old age, to have a villain step in and murder the man and cast a shadow over his children that will remain for life.  If it can be proven that Dr. Hearne was the villain in this case, there is no question about the sense of justice and the action of the jury.  The fate of the Hearnes now depends upon the evidence.  As to the trial, much depends on the court.  Judge Roy ruled, while Mr. Heather was making his opening statement to the jury, that the domestic infelicity attending the marriage of the Hearnes of the Hearnes divorce, re-marriage, etc., was not relative.  Judge Roy simply made this ruling in so far as the opening statement was concerned, and it is not believed that he will exclude such material testimony.

Charles Bonfils was the first witness to testify in the case.  He had made a map of the Stillwell house and surroundings, which was admitted in evidence, and marked “Exhibit B.” 

W. A. Munger on the Stand 

W. A. Munger was second on the stand.  His testimony was about the same as his deposition in the DeYoung case.  He said Hearne had told him that he had gone directly to his office from Mr. Munger’s house and from the office to his home and did not come out that night.  The state expects to prove that Dr. Hearne was out again that night and was seen coming from the direction of the Stillwell mansion.  Col. Dryden cross-examined Mr. Munger to quite an extent. 

Dr. Gleason testified about the condition of the body as he  found it and indicated to the jury the length, breadth and depth of the wound.  Mr. Heather was in fine spirits and said the state would prove all that had been stated and more.  The state is not relying altogether on Dr. Vernette to prove that Dr. Hearne was seen on the  street after one o’clock on the morning of the murder.  It  will be proven by a man whose testimony cannot be impeached that Dr. Hearne was seen on the same night after Dr. Vernette had seen him.  This will be in the nature of a surprise to the defense, as they have not been expecting it.  The skies are brightening for the state.  Mr. Heather says he realizes all the disadvantages he has to contend with in the case in that much of the most convincing evidence which has been talked for years will not be admissible and yet, taking all this in view, he expects conviction. 

A Card from Dr. Hearne 

To the Public:

After a continuous tirade of abuse, heaped upon me by H. B. Hull, of The Evening News, when we came to Bowling Green on Monday last, he presumed to speak to me when I entered the court house.  I refused to recognize him.  Smarting under his deserved rebuke, he further vents his spleen in his issue of the 10th inst. by concocting and publishing in his “chump” paper the following language:  “Hearne has been so well treated at the hands of Dougherty that he has come to the conclusion that he was mistreated by Sheriff Pratt, and has sent word to that gentleman saying that prominent among those he is going to kill when he gets out are Dick Stillwell and Sheriff Pratt.”  I take this opportunity to denounce said charge as being made out of whole cloth.  I have neither entertained nor sent any such threats, and am forced to the conclusion that the said H. B. Hull is a constitutional liar, whose natural talents for mendacity are only equaled by his impudence, and that he would receive the application of a cowhide with the cringing humility of a cur, to which he has more than a striking resemblance.


(Signed)                J. C. HEARNE, M. D.


The above statement was handed out last night by counsel for the defense for publication.  The News representative’s informant about the matter was Richard Stillwell, who said today that Sheriff Pratt told him of it and would verify the statement.  But certainly it is no discredit to be publicly denounced by Hearne, the man who stands indicted as the murderer of Amos J. Stillwell.

Dr. Gleason finished his evidence.  He said that Stillwell did not move after the blow was struck.  The evidence of Dr. Gleason was very damaging to Hearne.  Dr. Gleason said that the victim might have moved convulsively after the blow has been struck, but that he believed that he did not.  It was shown that Anderson had said at the time of the murder that there was no necessity for a post mortem examination.  Dryden asked the witness if he had ever seen a chicken’s head cut off, and asked if the chicken did not jump around pretty lively.  Gleason stood the cross-examination well, and gave testimony damaging to the defense.  The state will attempt to prove that Col. Anderson, as prosecuting attorney of Marion county, stood in the way of an indictment.

W. T. League was called to the stand and rehearsed the story of Mrs. Stillwell crossing the street to his house and awakening the family with the statement that Mr. Stillwell had been murdered, and that she was dressed in her night clothes and was barefooted.  During all of Mr. League’s testimony Dr. Hearne’s eyes were riveted upon him as though he were trying to exert some hypnotic power over the witness.  At the conclusion of Mr. League’s testimony Dr. Hearne helped him on with his overcoat, and manifested a great deal of friendship for him.  Jake Kornder gave his evidence this afternoon, which is substantially the same as has been published in his depositions.  The trial will likely be more sensational tomorrow. 

Interest Growing in the Trial

Dr. Hearne occupies a seat in the group of his attorneys and stares at the witnesses as though he were trying to exercise an undue influence over them.  This was especially true while Lizzie Julius, the colored servant at the Stillwell home, was on the stand.  Every time she would catch the eye of Dr. Hearne she would become frustrated and stammer as though frightened.  She stated that the ax that struck the blow was locked up in the wood shed on the night of the murder - that she locked it up herself.  She was very positive on this point.  Mrs. Hearne occupies the same seat every day on a bench immediately back of the press table.  Dr. Hearne’s two daughters and her son Harold sit with her.  No intelligent person who knows the history of this case believes there is a single spark of affection existing between them.  Champ Clark gives it as his opinion that if by accident these people should be set free, divorce proceedings would be begun immediately and that they would get as far away from each other as possible.  In the event that Dr. Hearne is acquitted, it has been stated that the case against Mrs. Hearne would never come to trial because it has been alleged, certain parties fear her.  Mr. Heather said:  “Hearne will never be acquitted, but if he should be I will try Mrs. Hearne just the same.”  The state’s attorney shows that A. J. Stillwell had been dead nearly an hour before Mrs. Stillwell gave the alarm.  Senator Ball intimated in a remark to the court that the defense would prove how this time was spent.  A big effort will be made by both sides on this point, as it is very material.  Dr. Hearne is seen about the hotel lobbies nearly every evening.  While Lizzie Julius was on the stand Prosecuting Attorney Heather exhibited the ax.  Lizzie is superstitious and said:  “I don’t want to touch that thing.”  Mrs. Hearne was amused and laughed, as much as to say “That won’t hurt you.”

Mrs. Gleason said that she had resided in Hannibal about thirty years and knew Hearne and wife and A. J. Stillwell.  She described the location of the residence.  She was called to the Stillwell house the night of the murder, about 2 o’clock.  She went over and saw Hearne there.  She was surprised to see him there when she arrived, as she hurried so.  Dr. Hearne said he had not been in bed.  As he was coming down the steps at Munger’s he met A. J. Stillwell, who asked him, “Why are you, a young man, going home so early?”  Hearne left Munger’s and kept just ahead of Mr. Stillwell and wife to Broadway.  Hearne made this explanation to witness soon after she arrived, even before she went up the stairs.  After talking to Dr. Hearne witness went up the stairs.  Dr. Hearne remained with Mrs. Stillwell being there all night.  Witness heard Mrs. Stillwell addressing Dr. Hearne, “Don’t leave me.”  Mrs. Gleason says she looked at the body of Mr. Stillwell and was surprised that it had been removed from the place where the blood was, which was on the south side of the bed, while the body was on the north side.  Mollie was in Quincy that night.  Mrs. Gleason remarked that Mollie was surprised to get permission to go away from home.  Witness said Mollie and her children were very intimate.  While the attorneys for the defense were on their feet crying, “Object,” Mrs. Gleason raised her voice and said her children told her that Mrs. Stillwell’s children told them that they were sent away on occasions when Dr. Hearne called.  Col. Dryden cross-examined witness.  Witness said Dr. Hearne visited Mrs. Stillwell frequently, and she knew of it because Mollie would invariably come over to her house.  The state scored some good points in Mrs. Gleason’s testimony and it was perceptible that an impression was made on the jury. 

Court Called to Order

R. H. Stillwell was the first witness placed on the stand this morning when court opened, and as he took his seat Mrs. Hearne changed from her accustomed seat and took a position directly in front of him and stared at him throughout his examination, but if she had any effect on him it was not discernible.  Hearne glared at him occasionally and showed more than ordinary concern.  In relating the crime Mr. Stillwell lay upon a table to show the jury how his father was found dead; said that the body had evidently lain in the middle of the bed until all of the blood had run out, and then been moved to the side of the bed; said this was the first time Mollie had ever been away from home over night that he knew of.  Witness said that his step-mother had told him that she  cared nothing for his father - her husband; that she thought he was too old for her.  She  also said that she wished she had married a young man.  Mrs. Hearne was peering into witness’ eyes and was half smiling and half  crying.  Witness testified that his father had made a will leaving the entire estate to him in trust for twenty years.   Mrs. Stillwell set about breaking the will, and did so; shortly afterward Stillwell was murdered; that Mrs. Hearne got a child’s part.  He said Anderson had the grand jury reports in his office and Dr. Hearne had free access to said reports.  Anderson was prosecuting attorney for the county at the time and had complete control of the grand jury.  Col. Dryden cross-examined the witness.  Witness said his step-mother had repeatedly told him that his father was too old for her and that she wished she had married a younger man.  All this was said to him before his father was murdered.  Witness said that Dr. Hearne was never employed in the service of the family with the consent of his father.  

Sensational Developments 

Bowling Green, Mo., Dec. 14.

R. H. Stillwell got some good work in for the state last evening while on the stand.  A letter which had been written by him to his step-mother while she was in Battle Creek was read by Col. Dryden for the purpose of cross-examination.  The letter was full of comfort.  The state’s attorney objected to the letter being read, but consented with the understanding that witness should have an opportunity to explain it.  There were two letters.  Mr. Stillwell’s letters were to the effect that there was nothing in the accusation and that he believed in Hearne’s innocence.  Then Mr. Stillwell dropped the bomb.  It was to the effect that he was the last man in Hannibal to believe that his step-mother and Dr. Hearne committed the crime.  He explained how natural it was that he should feel as he did.  His step-mother had always treated him kindly.  She was the mother of his father’s children, whom he desired to protect, but recently evidence had come to his knowledge which had changed him completely.  When the second letter was read and Mr. Stillwell’s time arrived to explain it, he simply said these words:  “The very fact that those letters have been preserved by them through all these years is convincing evidence to my mind of their guilt.”  Why did those people preserve the papers for seven years unless they thought there was a possibility of their arrest?

Harry Nichols, who resided in Hannibal at the time of the murder, testified that he set his watch at 1:15 o’clock on the morning of the murder and walked to the opera house in company with Harry Nash and Dana Hubbard.  When they arrived at the opera house witness said it must have been 1:10 or 1:15 o’clock and that he saw Dr. Hearne pass.  Hearne was going north and turned the corner of Center, going towards his home. 

Mrs. Susie Hayward 

Mrs. Susie Hayward was placed on the stand this morning.  Witness stated that she had visited Mrs. Stillwell more than a year before the murder occurred, and from the beginning related her knowledge of the doctor worming his way into the Stillwell home, and went on to say how she had followed Mrs. Stillwell to Dr. Hearne’s office and found them locked in a back room.  Witness said that on one occasion she went over to the city park and watched for them to come out of the doctor’s office; that she saw Dr. Hearne come to the front door about two hours after she had seen Mrs. Stillwell enter the office, and look up and down the street as though looking to see if anyone was watching, and that shortly afterward she saw Mrs. Stillwell  come from the office.  Witness said she approached Mrs. Stillwell and said, “Fannie, I know where you have been;” that they went to dinner together, and that during the conversation that followed Mrs. Stillwell said to her that she was very unhappy, and that she could see nothing but trouble before her; that she studied more and more about the matter and had made up her mind that she would break up the family ties between herself and husband.  Witness said that she remonstrated with Mrs. Stillwell and advised her not to do it.  She further said that Mrs. Stillwell had asked her to go and have a talk with Dr. Hearne, and ask him to desist from his attention to Mrs. Stillwell and in reply to her Dr. Hearne said that he would not give her up.  “The fact is,” said he, “I want her to get a divorce from old man Stillwell and marry me.”  Witness told him he could not support her and she did not see what he wanted with her.  Dr. Hearne replied that she could get alimony, and with the assistance he could take care of her all right.  Witness said to him:  “Well, but she would lose the alimony when she married you.”  Then Dr. Hearne said he could have Mr. Stillwell slugged for $2.50.  Dr. Hearne further said to witness:  “I suppose you know about me being in the house one night, about 1 o’clock when Stillwell returned from St. Louis?”  Witness replied:  “Yes; suppose he had seen you?”  “I would have shot him.”  “Then you would have been hung.”  “Oh, no.  It would have been thought that a negro burglar had gotten into the house, and upon being discovered, had done the work.”  “Then you will not give Mrs. Stillwell up?”  “Remember, I visit her professionally.  Physicians and preachers are never suspected.”  “Suppose I should tell?” said witness to the doctor.  He replied:  “I would kill any one standing in my way.”  Witness said this was all she knew about the case; that she had not talked with Dr. Hearne from that day to this.  The court ordered Col. Dryden to refrain from pointing his finger at Mrs. Hayward, on an objection from that lady.  She said she would not object if he pointed both hands at her.  Witness said she had not disclosed these secrets sooner because of her love for Mrs. Stillwell; that she wanted to protect her.  Hon. H. Clay Heather asked witness if an attorney for the defense had not been to Tennessee to see her, in an attempt to induce her not to appear at this trial?  This question brought both Dryden and Ball, of the defense, to their feet with objections.  The objection was sustained by the court, but it had its effect on the jury, just the same.  Mr. Ball charged witness with having been prompted by her husband, and asked that he be excluded from the room.  The court refused to exclude him, on the ground that he had not been subpoenaed before taking the seat he then occupied. 

Ollie Cole 

Ollie Cole was placed on the stand this afternoon.  He told of the conversation he had heard over the telephone which took place between Dr. Hearne and Mrs. Stillwell.  The conversation took place on Dec. 22, 1888, just a few days before the murder.  He said the talk was as follows:  “Hello, Fannie, is that you?  Where is A. J.?”  “He is across the river.”  “What  time is he coming home?”  “About 7 o’clock.”  “I had better come over, hadn’t I?”  “No, I guess not.  Somebody might see you.”  “I can come over by the back way.”  “All right, come ahead.”  Soon after the murder the doctor was met in a drug store where he made the threat to witness that he would kill a d__d telephone spy or two, if they should ever say anything about him.  Cole was the only telephone man present at the time. 

Dr. Hearne Out of Danger so far as this Trial is Concerned 

Bowling Green, Mo., Dec. 10.

As the trial wears on Dougherty grows more defiant and irregular in his conduct of the office of sheriff.  He has sacrificed his political ambition for the Hearnes.  When the jury of twelve was secured Judge Roy turned them over to the sheriff and instructed him to keep them together.  He also warned the jury about reading newspapers and talking to outsiders.  Dougherty secured the parlor of the Emerson house for the jury.  It was expected that they would not have callers and that no communication would be sent to them.  A correspondent of the News sat in the hall, in view of the parlor door for thirty minutes.  During that time Dougherty was bobbing in and out of the room.  Two little girls were admitted, and one juror was permitted to go out with a man. 

Mrs. Hearne's Father 

Mrs. Hearne’s father is living in Kentucky, and is a high-minded, respectable old gentleman.  Some have wondered why he is not here standing by his daughter who needs friends so badly.  Perhaps the Kentucky lady could tell.  Her aged father attended the funeral of A. J. Stillwell and returned home to Kentucky a broken-hearted man.  He said when questioned about the murder and funeral:  “Fannie’s levity was worse to me than her grief.  I never expect to see Fannie again.”  Mrs. Hearne looks into the face of her boy Harold as though he were all the world to her.  Harold is like his brother Dick in one respect.  The expression of his face is always the same - no matter whether the testimony is good or bad.  Dr. Hearne’s daughters always look pretty in court, and everybody is anxious to see them.  Much sympathy is felt for these innocent victims of circumstances.  Nothing but sorrow is written on their young faces.  Some say that Col. Anderson is nearly as much on trial as Hearne.  He has been accused of using his official position while prosecuting attorney, to shield Hearne.  The state will attempt to sustain this charge. 

John E. Stillwell

John E. Stillwell was the first witness placed on the stand today.  He testified that he attended the Munger party on the night of the murder.   He noticed that Mrs. Stillwell looked morose toward the end of the party.  Dr. Hearne and Mr. Stillwell and wife left the party at 11:30.  Dr. Hearne kicked the money in the alley with his foot and called witness’ attention to it.  Prosecuting Attorney Heather:  “Did you know the condition of Dr. Hearne’s eye-sight?”  Witness:  “Yes; he was near-sighted.”  In conversation with witness Hearne said:  “Either a burglar killed Mr. Stillwell or Mrs. Stillwell knows all about it.  Now is the time for her friends to rally around her.  My name has been connected with hers and the only way for me to stop it is to do some shooting.”  Mrs. Hearne shed her first tears since the trial began, while John Stillwell was testifying.  Dr. Hearne noticed it and asked Senator Ball to speak to her.  He did so and she replied:  “All right, I’ll try to stand it.”  She afterwards braced up, but looks unusually sad.  She is apparently suffering the tortures of hell.  Witness said that he was surprised to see the calm and peaceful expression on his uncle’s face, as though he had fallen asleep.  He had expected to see the terrible expression of one killed in a struggle with a burglar.

At the afternoon session George D. Clayton[40] testified that he attended a party at A. J. Stillwell’s in the latter part of November, 1888, and that Dr. Hearne and Mrs. Stillwell remained up stairs for fully thirty minutes.

Charles Clayton swore that Mr. Stillwell and wife and Dr. Hearne left the Munger party at 11:30.

Dr. Vernette was then called to the stand and testified that he saw Dr. Hearne after 1 o’clock on the morning of the murder.  Col. Dryden cross-examined him and an attempt will be made to discredit him by other witnesses.  Mr. Heather says the state’s case is made and that the state may rest at any time.

Bowling Green, Dec. 17.

During the course of Dr. Vernette’s testimony it developed that the state board of health had revoked his license to practice medicine while Dr. Hearne was its secretary, and while Dr. Vernette resided in Montgomery City.  

“Do you know William Gilchrist?” asked Col. Dryden.  
Witness:  Yes, sir.

What did you call him?  
Mr. Gilchrist.

Didn’t you call him Gil?  
I don’t think I did.

Didn’t you tell Mr. Gilchrist, in your office in Montgomery City, that you would get even with Dr. Hearne?  
No, sir.

Never said anything of that kind?  
No, sir.

While your office was in Hannibal, on Broadway, and Dr. Hearne was driving by one day, didn’t you remark to Lucy Hawkins, in the presence of H. O. Hawkins, that you proposed to get even with him?  
No, sir.

Didn’t you send Lucy Hawkins to the Eclectic college in Cincinnati?  
No, sir; I did not.

On re-direct examination Mr. Heather asked witness why his license was revoked.  The reply was because he advertised.  “Who was the prosecuting attorney when you first testified before the grand jury?”  
Col. R. E. Anderson.

George Harrison asked the witness if he did not meet Dr. Hearne on the street one day, after he had gotten into trouble with the Hawkins family, and say, “You have gotten me into trouble with the Hawkins family, and by G___  I propose to get even with you if it takes a life-time?”  
Never made any such statement in my life.

Did you arouse anybody to get into your office when you arrived home from St. Louis that night?  
No, sir.

Were you on friendly terms with Dr. Hearne before the murder?
I was not on unfriendly terms.  I have no ill-will towards Dr. Hearne. 

Mrs. R. H. Stillwell

Mrs. R. H. Stillwell went on the stand at 4:30 o’clock yesterday.  She began with the trip to Battle Creek, Mich., which she made in company with Mrs. Amos Stillwell, Dr. Hearne and the Stillwell children.  Left Hannibal Friday and arrived at Battle Creek Saturday afternoon.  Nearly all of that day Mrs. Stillwell and Dr. Hearne were alone.  On Saturday or Sunday she found Mrs. Amos Stillwell and Dr. Hearne alone together in the latter’s room with the door locked.  On Tuesday or Wednesday Dr. Hearne went back to Hannibal, after telling witness that he intended to propose to Mrs. Amos Stillwell after the proper length of time had elapsed.  Two weeks later Dr. Hearne returned to Battle Creek, and one morning sent a note to witness saying he wanted to see her without Mollie Stillwell’s knowledge.  She met him and he showed her a copy of a Chicago paper with allegations against Dr. Hearne and Mrs. Amos Stillwell.  He said he had been sent to Battle Creek by Dick Stillwell to keep Mrs. Stillwell from reading the papers.  Witness said she understood she was in Battle Creek for the purpose of doing the same thing, and Dr. Hearne replied that he knew it, but thought it wise for him to be the one - that Dick Stillwell had sent him.  On that day Mrs. Stillwell was brought back to the sanitarium from the hospital, where she had been almost ever since her arrival, recovering from the effects of a surgical operation.  That night Dr. Hearne returned to Hannibal.  Mrs. Amos Stillwell returned to her home and Mrs. Dick Stillwell to hers.  Witness visited the widow twice a week for some time, seeing Dr. Hearne there on one occasion and at that time in a room with her behind a locked door, alone.  Mrs. Hearne was said to be sick, suffering from one of her “spells.”  On the night of the murder, when Mr. and Mrs. Dick Stillwell reached the house of death and Mrs. Dick Stillwell went to the room of Mrs. Amos Stillwell, she found the widow lying on a wicker couch, wearing a fresh, clean Mother Hubbard gown, made of muslin, with trimming at the neck.  It struck the witness that the gown did not look as though it had been slept in.  Witness testified that it was the custom of Mrs. Amos Stillwell to sleep in a very plain common flannel night-gown.  Closing the examination witness testified that the widow had told her some months previous to the murder that she wished she had a young, handsome husband.  Col. Dryden began cross-examination by asking a question that provoked merriment, and caused witness and her husband some embarrassment.  “Didn’t you ever say that you wished you had a young, handsome husband?”  Mrs. Stillwell blushed and replied, “I think I have.”

Aha, you think you have.  
I mean that I think I have a young, handsome husband.

Then Mr. Stillwell blushed.  In the cross-examination witness admitted that she had not been friendly toward Mrs. Amos Stillwell for some time prior to the murder, nor to Dr. Hearne since his marriage.  She said she understood Mrs. Hearne was an epileptic and had seen her in one fit.  She admitted that she saw Mrs. Stillwell faint at her husband’s coffin.

Dr. E. D. Ireland testified as to having heard Dr. Hearne call up Mrs. Stillwell often and tell her when he would be at liberty.

T. B. Morris[19] testified that Dr. Hearne on one occasion said to him:  “By G___, suppose I did kill Stillwell.  Let them prove it.”

Jim Abbey was called to the stand and told about searching the Stillwell vault and finding a pair of men’s drawers and a woman’s heavy night-gown, besmeared with blood.  Col. Dryden did not cross-examine Abbey.

Richard Stillwell  was recalled and Dryden asked him:  “Do you remember Dr. Hearne telling you not to take the things out of the room?”

Stillwell:  “No, sir.  I think he was glad to get them removed.” 

State Rests upon Failure to Get Important Evidence Before Jury 

The refusal of Judge Roy to admit as evidence Mrs. Hearne’s petition against the doctor for a divorce and the re-marriage episode was another ruling in which the state got the worst of it.  Mr. Giles read the divorce petition filed by Mrs. Hearne against her husband in San Diego, last August, alleging cruelty and abuse and an endeavor to force her to deed to him her property, which petition Mr. Giles contended has direct bearing on the intent of the defendant to acquire the property of A. J. Stillwell secured by his wife by deed of murder, claiming that their re-marriage was prompted by the fear that in case the divorce was allowed to stand the woman might be compelled to testify against her divorced husband.

Mr. Giles was followed by Mr. Ball, who ridiculed the proposition set up by the state that the divorce and remarriage and the unhappy life of the pair were evidences of murder.

Champ Clark followed with a speech on the sacredness of the marriage tie.  He quoted “Hamlet” in speaking of the hasty marriage of Dr. Hearne and Mrs. Stillwell, saying, “The funeral baked-meats were used to eke out the marriage feast.”

Mr. Heather followed in a short exposition of the position of the  state in the matter, and Nat Dryden wound up the discussion in a few words, in which he stated to the court that the only object of the divorce testimony was to cast a suspicion on the defendant.  The attorneys for the state consulted for a few minutes and then Mr. Heather announced that the state rested its case.

Mr. Ball then made his opening statement dealing with the facts as the defense expects to prove.  “We expect to show the gentlemen of the jury that Dr. Hearne was early enlisted in the Confederate army in Kentucky, and at the close of the war entered Columbia college in this state and graduated.  He then spent three years at Jefferson college in  Philadelphia and then took up his residence in Hannibal, where he had a large lucrative practice.  His first wife was Miss Fannie Brown.  He was the family physician of R. H. Stillwell and Amos Stillwell, as well as their intimate friend.  We expect to show that Dr. Hearne went directly from the Munger home to his office.  We expect to show that the testimony of Dr. Vernette and Harry Nichols cannot be true.  We expect to show that Vernette’s testimony was prompted by malice.  We expect to show that Mrs. Anderson, the mother of Mrs. Stillwell, now Mrs. Hearne, insisted on Dr. Hearne going to Battle Creek with her daughter, and that Dr. Hearne went against his will.  In  December, 1889, Dr. Hearne and Mrs. Stillwell were married.  R. H. Stillwell and wife and the prosecuting attorney of Marion county were present.  We expect to show that the story of Cole, the telephone man, was an infamous lie.”

Dr. Hearne and his wife will go on the stand late in the trial.  Mrs. Hearne will be on the stand at least a day. 

Defense Commences to Establish the Innocence of Hearne

L. P. Munger was the first witness called for the defense.  Witness said it was 12 o’clock when A. J. Stillwell and wife and Dr. Hearne left the Munger party, and that it was between 12:15 and 12:30 when he took Virginia home.  Witness was asked how long it would take to walk to the Hearne residence from the Stillwell house and replied, “three minutes.”

Miss Virginia Hearne then told of her father unbuttoning her dress, talking to her grand-mother and going to bed.

Ed Tomer testified that he was on the corner of Fifth and Broadway at 1 o’clock on the morning of the murder for five minutes, but did not see anything of Dr. Hearne.

H. C. Graham and John Hollyman testified to the good character of Dr. Hearne prior to the murder.

Bettie Blackwell, a nurse, testified that pleasant relations existed between Stillwell and his wife, and that Dr. Hearne had only been there twice except when called professionally.  The defense introduced a wooden model of the room where the murder was committed.

Dr. Crewsdon testified that the blow which killed Stillwell caused convulsive movements of the body.

Gov. Ball asked David Dubach if Col. Anderson had performed his duty as prosecuting attorney.  Witness said Anderson was given the cold shoulder.

W. A. Munger was the first witness who ever publicly announced that Dr. Hearne was suspected of murdering Amos J. Stillwell.  At the time he was on the stand Mr. Munger testified that the only person he knew of who did not believe Dr. Hearne had something to do with the murder were Col. Garth and Charles N. Lee.

Dr. Lucy Hawkins was called to go on the stand to impeach the testimony of Dr. Vernette.  Dr. Lucy was positive that Dr. Vernette was at home sick on December 29 and 30, 1888, and that he was not out of the city.  The witness said that Dr. Vernette was sleeping in the back parlor and that she saw him every fifteen minutes up to 12:30 o’clock on the night of the murder and gave him his medicine.

“What kind of medicine did you give him?” shouted Champ Clark.  
“His own medicine,” was the reply.

But what kind of medicine?  
Well, if you must know, it was whiskey and opium.

Then he was drunk?  
“Yes.”  Witness said she had rheumatism at the time and seldom slept.

What school of medicine do you practice, doctor?  
I am a Vitapatch.

You mean you cure people through the advice of the spirits?  
Yes, sir; I do sometimes.

Was George Harrison at Springfield to see you?  
Yes, sir.

There to talk about the Hearne case?  
No, sir; he wanted to know where Fred Vernette was.

Didn’t you know Vernette was in Hannibal?  
No, sir.  Witness Stated that Dr. Vernette had threatened fifty times to get even with Hearne for revoking his certificate to practice medicine.

H. O. Hawkins, father of Dr. Lucy, followed her on the stand and corroborated what she testified to.  On cross-examination Hawkins could think of but little except that Vernette was home sick on the 29th and 30th of December, 1888.  Champ Clark accused the witness of looking at Dr. Hearne before answering questions and after that Dr. Hearne turned his head in another direction.

Clark Price and Press Winn were put on the stand and testified that they had made a test of standing in the shadow of the electric light tower on the corner of Fifth and Broadway, and standing there they swore they were unable to distinguish a white man from a negro in the middle of Broadway on an average night while the electric lights were burning.  On cross-examination Mr. Winn said he thought the shadow was not the same every night.

David Dubach, foreman of the grand jury in 1891, was put on the stand to prove Dr. Hearne’s good character prior to the murder.  Mr. Heather asked him who was prosecuting attorney at the time he was on the grand jury.  “Col. Anderson,” was the reply.  Mr. Ball then asked if Col. Anderson didn’t do what he could in the way of giving the grand jury assistance.  The reply was that the members of the grand jury gave the prosecuting attorney sort of a cold shoulder. 

All for the Defense 

George Leake was the first witness called.  His testimony corroborated the evidence of Price and Winn.  John Patten testified to the good character of Dr. Hearne prior to the murder.

M. L. Franklin, Dr. Hearne’s book-keeper, introduced his books and showed that A. J. Stillwell’s account was $39, also charges of $75 and $140 for the Battle Creek trips.  This account was credited in Dr. Hearne’s handwriting, proving a victory for the state.  William Gilchrist, of Montgomery City, testified that Dr. Vernette had threatened Dr. Hearne in his presence.

Wes Butler testified that Dr. Hearne had assisted him to arrest a man, and had gotten blood on his sleeve.  Dr. Hearne then went to Munger’s to attend the party.  He went up stairs and washed the blood off.

Mrs. Dr. Allen testified that she went over to Stillwell’s on the night of the murder and found Mrs. Stillwell shivering and placed her on a couch and covered her up.

Dr. Hays thought that convulsive movements might have thrown Mr. Stillwell from the bed.

An adjournment was then taken.

The court room was packed this afternoon on account of the rumor that Dr. Hearne and Mrs. Hearne would take the stand.  Will League testified that Mrs. Stillwell was very much excited the night of the murder.  She crouched down and said, “There he is,” several times.

Mrs. Briggs stated that she knew Mrs. Stillwell after the murder and said that Dr. Hearne visited the Stillwell house professionally only.  Did not know of Mrs. Stillwell ever going to Dr. Hearne’s office except when accompanied by witness.  On cross-examination witness said she positively knew that Dr. Hearne never made a social call on Mrs. Stillwell until three weeks before marriage.

Mrs. League testified that Mollie Stillwell visited her daughter at Wither’s Mill twice between ten and twelve years ago.  Witness could not remember Mrs. Stillwell saying to Dr. Hearne, “Don’t leave me.”  The witnesses for the defense were generally surprised.

Mrs. Fannie Hearne was placed on the stand at 2:30 o’clock.  She drew a long breath as she stepped upon the stand, but was never more composed.  She said when they came home from the party Mr. Stillwell went to the back part of the house and got a drink of water.  She then stated how the family slept.  Mrs. Hearne grew dramatic when she was asked if she knew who killed her husband.  She drew herself up to her full height, and with a firm voice said:  “No, sir.”

Did you see Dr. Hearne there that night?  
No, sir.

Did you ever tell Susie Hayward that you did not love your husband?  
No, sir.

Did you tell her you were intimate with Dr. Hearne?  
No, sir.

Witness said that she had been subject to queer spells since the birth of her first child. 

State Introduces More Testimony in Rebuttal 

John E. Stillwell swore that he was positive there was no snow on the ground that morning in rebuttal of Tomer’s evidence.  R. H. Stillwell testified that he had never paid any of Mrs. Stillwell’s bills to Dr. Hearne.  W. J. Roth spoke words of praise for Dr. Vernette.  S. A. Birch swore that there was no snow on the ground that morning and that a man could be identified under the electric light at Fifth and Broadway as sworn to by Dr. Vernette. 

Evidence All In

There was something pathetic about the closing hours of the Hearne trial.  Dr. Hearne seems morose.  Apparently he is not confident that he will be acquitted.  Senator Ball’s pathos in describing Mrs. Hearne’s pitiable condition did not move her.  She surely has a heart of stone and iron nerves.  The society women of Bowling Green have been much in evidence at the trial.  “It was cold-blooded murder in the first degree, without a doubt,” said Mr. Giles.  “The question of the guilt of this defendant is left in your charge.  The law does not require you to know that Joseph C. Hearne killed Amos J. Stillwell.  It  is simply necessary for you to believe it beyond a reasonable doubt.  This is a case of circumstantial evidence, not a case where the crime was observed by eye-witnesses.  The assassin does not carry his witnesses with him.”  A description of events leading up to and following the murder was given.  After describing all this, Mr. Giles said:  “Now the question is, who committed this murder?  The jury must have arrived at the same conclusion that it was either a burglar or that Mrs. Stillwell knew all about it.  I will go a step farther and say that it was not a burglar - that Fannie C. Stillwell knew all about it.  Burglars don’t kill if they can help it.  They don’t burn matches all over the house.”  He advanced  illicit love and the greed for Stillwell’s money.  Illicit love he quoted as the most powerful motive in the world inductive to crime.  “Mrs. Hearne did not go to bed that night with her husband.  The bolster shows only one indentation, made by one head.  She arranged the house.  Her own evidence shows it.  I am willing to believe that when she saw the man sneak into the room with the horrible instrument of death in his hand, that she hid her face from the awful spectacle of the murder.  I believe it, for she is a woman.”  Senator Ball made a strong argument for the defense.  He was followed by E. W. Major, a young attorney from Bowling Green. 

A Night Session

The court house was crowded last night with the best people of Pike county.  Mr. Major was followed by H. Clay Heather.  He made a master effort.   He was once Dr. Hearne’s best friend and is now sworn to use his best efforts to secure a conviction.  He knows the story of the Stillwell murder mystery from beginning to end, and he knows it well.  In closing, Mr. Heather expressed sympathy for Mrs. Hearne.  He said Dr. Hearne’s hands were not only stained with the blood of Amos Stillwell, but with the disgrace of Fannie C. Hearne.  The disgrace and stigma on her children he was responsible for.  Mr. Heather concluded by thanking the jury, “and when your verdict is returned,” he said, “I hope a message will flash over the wires that will enable grand old Marion to say that her fair and proud name has been at last set right and that the foul assassination of Amos J. Stillwell has been avenged.”   Probably the strongest point in Mr. Heather’s speech was his closing words in which he charged  that Dr. Hearne has ruined the life of Mrs. Stillwell, which might have been a happy one; that he had disgraced her and cast a stigma upon her children which would stay with them through life.

E. P. Hicks, of the  defense, followed Heather in a short speech.  George M. Harrison, of Hannibal, was the next orator for the defense.   He started in to explain Dr. Hearne’s war record.  He worked entirely to bolster up the alibi and to discredit the testimony of Dr. Vernette.  Ras Pearson, prosecuting attorney of Pike county, made the opening statement for the state.  It was a good argument and was well received.  The attorney jumped on the war record of Dr. Hearne.  He appealed to the sentiment of decency of the members of the jury who fought for the lost cause for their opinion of a man who would for sympathy claim the honorable distinction of having been a soldier at such an early age that the fact if true, would make him a hero.  The speaker placed Dr. Hearne in an extremely bad light before the jury.  Col. Nat Dryden followed for the defense.  Col. Nat Dryden appeared wearing his blue and white seersucker coat. 

The Speech of Col. Dryden 

In an easy conversational tone, the speaker announced the positive innocence of Dr. Hearne, and then with startling suddenness, broke into a beautiful description of the joys of Christmas time, of the coming of the Christ child, the atmosphere of love that pervades the season, the reuniting of home ties, the hanging up of the stocking, “the peace on earth and good will toward men.”  When the eyes of the jury were dewy and blinky there came a request, a hope from the speaker that as a Christmas present to Dr. Hearne and his beautiful daughters, his sorrow-stricken wife and his friends, the jury “would give relief from as bitter a persecution as exists in history.”  Col. Dryden then went at once into the case and the evidence.  Concerning the evidence of the state he affirmed that it forbids the belief for an instant that Dr. Hearne was present, no matter who struck the blow.  Drifting over to circumstantial evidence, he announced that sometimes the “surest things on earth are the most uncertain,” and to illustrate the fact he gave a most realistic and appropriate illustration of a supposed game of three card monte.  It  was an illustration that went home.  After reading a portion of the court’s instructions, Mr. Dryden started in to explain what part the newspapers have played in the case, and then naturally, got to Mike DeYoung, of San Francisco, proprietor of the Chronicle, which paper Dr. Hearne sued for libel.  He announced that he would show the mercenary hand and mind of Mike DeYoung, eager to avoid the payment of money and eager to make a sensation, running through the case.  He called attention to the unreliability of testimony concerning alleged allegations made by Dr. Hearne and Mrs. Hearne to others years ago, and to the blighting influence of gossip, to the vagaries of memory.  Then he asserted that the one and only point the jury had to consider was the fact that it rested with the state to prove that Dr. Hearne was present at the time the murder was committed, and unless this was done without leaving a reasonable doubt an acquittal must follow.  He then brought in a little bit of pathos that filled the room with sobs.  It was a simple, chaste description of the retirement of little Virginia Hearne the night she came home from the Munger party.  With his voice trembling he described how the father unbuttoned the dress of the child, how she disrobed and put on her white night-gown, how her poor little head throbbed and ached and how she asked her father to please stop talking.  He went on and described home ties.  He appealed to fathers and mothers with sentiments full of heart interest and family love, using Virginia Hearne and Kittie Hearne and Dr. Hearne as illustrations.  Quickly he shifted to the awful responsibility resting on the jury in determining not only the guilt of Dr. Hearne, but the future of his children.  “Think,” he said, “of the blighting, withering shame that will follow these children, these lovely girls, wherever they go, even to the fastnesses of the Rockies, if you say their father is a murderer.  Think of the curse that will bar them from the doors of good people and crush them under this awful weight.  Think of the mountain of responsibility that rested on this child Virginia when she went on the stand, the life of her father and her own future.  Think of what she might have gained by lying.  But she did not lie.  She told the truth.”  Then he talked again of the home of Dr. Hearne on the awful night, of Grandma Brown and little Kittie, then a baby, until Dr. Hearne, Mrs. Hearne, Kittie and every mother and father and nearly everybody in the room was crying with more or less feeling.  The stoicism of Virginia Hearne was illustrated in this incident.  While hundreds of handkerchiefs were out in the room, rubbing and hiding hundreds of eyes, she sat with her head bowed in the same position she had maintained all morning.  She did not sob nor moan nor use her handkerchief, but down her cheeks coursed teardrop after teardrop and off onto her black wrap, where they glistened.  She made no effort to remove them and long after the others had dried their eyes the tears continued to flow.  Following the exposition of the alibi, Col. Dryden devoted some time to Dr. Vernette, John Stillwell, Mrs. Hayward and other witnesses, pointing out impossibilities.  He went extensively into the impeachment of Vernette’s testimony, showing how much dependence the defense is placing on the alibi.  He appealed to the jury to act as a sympathetic body, not with a sickly sympathy, but with that broad sympathy that would enable them to suffer with Dr. Hearne and his dear ones every pang of body and soul a verdict of guilty might entail.  He went back to the time of Christ and painted a picture of the character of the Savior, using it as an illustration of an ideal life.  He asked the jurors to do as Christ would do, to be merciful, to be kind.  Then he talked of home and mother and babies, and pathetically described the troubles of Mrs. Hearne.  “He’s yours now,” he concluded; “you can tell him to kiss his little ones good bye, to have his hands bound and his neck bared to the loathsome fingers of the hangman.  You can tell those children their father will be hung, a black mass between the earth and sky.  You can disgrace and curse those children by your verdict.  But I will not entertain such a thought.  I know you will deliver your verdict in accordance with the evidence.  I know you will not give to Mike DeYoung as a Christmas gift the life of a man he has hounded to this court room.  I know you will rather give that life to his wife and his sweet little girls.”  When the speech was completed the sound of muffled sobs was heard on every hand.  Col. Dryden carried the audience and the prisoner and his wife and family from the depths of horrible fear  to the heights of hope.  As he bowed to the jury, Dr. Hearne, with streaming eyes, had his arms around the swaying form of his wife, and his daughters sobbed as though their hearts would break.  Two of the jurymen were powerfully affected.  Court adjourned for an hour.

Mr. Clark made a great speech.  It was not the same sort as that of Col. Dryden.  It was forcible, bitter, denunciatory, strong.  He scored Hearne most unmercifully and Rufus Anderson, if possible, more unmercifully.  It was said to be the strongest prosecuting speech ever made in Pike county.  After an extended introduction, he cried down the theory of the defense that the prosecution of Dr. Hearne and his wife was due to the Hearne-DeYoung libel suit.  He wanted to know why Dr. Hearne, if he was so sensitive to slander, did not sue the Chicago Herald for slander in January, 1889, when it printed the same story that appeared in the San Francisco Chronicle.  He answered himself, “Because he was a afraid it was too close to the murder - it was too fresh in the public mind.”  “They ask us,” said Mr. Clark, “why the prosecution has been delayed for nearly seven years.  I’ll tell you why, and the reason is a disgrace to the noble profession of the law.  Suppose while you were in the army, down in the forest swamps of Tennessee somewhere one of you pickets gave your enemy the countersign and they were allowed to sneak in and slaughter you?  What would you think of that sentinel?  That’s what Rufus Anderson did, though sworn to maintain the law in the high office of Prosecuting Attorney - Rufus Anderson, the son of an illustrious sire and an illustrious grandsire.  If the shades of his ancestors take any interest in earthly affairs what must be their feeling today when they see the degradation of the descendant?  Judas Iscariot betrayed his Savior for thirty pieces of silver.  Benedict Arnold endeavored to betray the American army.  Their place and the place of Rufus Anderson in history is side by side.  Take the day when Mrs. Hayward sat in the park at Hannibal and watched Dr. Hearne’s door for two hours, waiting for the appearance of Mrs. Stillwell.  Who was it  came and spoke to her for ten minutes?  Rufus Anderson, and he had never spoken to her before in his life.  Why?  Because he wanted to detract her attention from Dr. Hearne’s door long enough to allow Mrs. Stillwell to escape.  That’s why.  They have made a combined attack on Vernette.  They attacked him front and rear.  Dryden attacked him with mortars.  Ball attacked him  with his rifled cannon and Harrison brought up the band of guerrilla Hawkinses from the Ozarks.  Ball nearly burst his throat yelping and howling at me to know the reason why I didn’t impeach the Hawkinses.  I didn’t have to impeach ‘em.  Old man Hawkins impeached ‘em both.”  Following this came a scorching denunciation of Dr. Hearne, lasting over an hour.  The speaker then started in on a defense of all the witnesses contradicted by Dr. Hearne, and in this defense he handled the evidence, now and  then taking a good hard jab at Nat Dryden.  The Colonel sat in the court room awhile and then went out with a disgusted expression on his face to the clerk’s office, where he smoked his pipe all the rest of the afternoon.  “If you hang Dr. Hearne,” said Mr. Clark, “you will do more in the interest of law and  order than if you hanged all the poor devils in Pike county.  If he had been a poor man without money or friends, he would have died the death of a felon six years ago.  If you acquit him you give the well-dressed scoundrels of this country assurance.  Dr. Hearne is not alone on trial, the petit jury is on trial.  I demand at your hands under the evidence and law in the case a verdict of conviction.”

The jury retired at 4:20 p. m.

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