WILLIAM L. CLEMENTS LIBRARY University of Michigan WALDRON AMOS J. STILLWELL THE STILLWELL MURDER O A S00IETY CRIME MINNIE. T. DAWSON CopyRIGHTED, MAY, 1907 PRESS OF McMEIN PRINTING Co., QUINCY, ILL. Preface critics that I should devote my humble efforts to portraying such a hideous crime. It is not my desire to degrade the tastes of the public or give them a distorted view of Society. I believe in this there is a sermon—a warning. These characters are not por- | PRESENTING this work it may displease some trayed in a manner to make their course a tempting one. We cannot cure evil by concealing it. The best remedy for crime is punishment. It is impossible to cure it by ignoring its existence. I earnestly hope and believe that there will come a time when both men and women will be honest and moral, not through fear of public sentiment, but with a love for what is pure. Morality so weak that it trembles at the very sight of sin is not true morality. An account of this gruesome murder appeared in various newspapers, to which the writer is indebted for important information. In writing this history, the writer has not been influenced by prejudices. There are many versions, and for the purpose of supplying those who desire it with a true history of the tragedy, in a convenient form, this volume has been prepared. Dedicated to the Memory of AMOS J. STILL WELL CONTENTS PAGE CHAPTER I THE MURDER - - - - - - - 9 CHAPTER II THE Coron ER’s JURY - - - - - . 15 CHAPTER III THE SEARCH. For THE CRIMINAL - - - - 25 CHAPTER IV SESSIONs of THE GRAND JURY . - - - . 31 CHAPTER V THE TRIP To BATTLE CREFR, MICHIGAN - - - 34 CHAPTER VI THE LIFE of AMos J. STILLwRLL - - - . 40 CHAPTER VII HEARNE-DEYoUNG LIBEI, SUIT - - - - 43 CHAPTER VIII MRs. SUSIE Hayward’s DEPoSITION - - - . 112 CHAPTER IX DR, AND MRs. HEARNE INDICTED - - - - 116 CHAPTER X THE TRIAL of TRE HEARNEs - - - - . 121 CHAPTER XI THE HEARNEs Acquirred By THE JURY - - - 152 THE STILLWELL MURDER CHAPTER I THE MURDER and most esteemed citizens of Hannibal, was murdered in his bed early in the morn- ing of December 30th, 1888. The victim of this horrible crime was asleep in a room occupied by his wife and two children, the oldest child, a daughter, being away from home at that time. This dark deed was at first supposed to have been committed by a burglar, and various persons have been arrested on suspicion of being implicated in this hideous crime. This murder caused great excitement, as no case like this was ever known in this quiet little town. On Saturday night, December 29th, 1888, Mr. Amos J. Stillwell and his wife, Fannie Stillwell, attended a card party given by Mr. and Mrs. W. A. Munger, of North Fifth street. (Mr. Munger was at one time mayor of Hannibal.) There were quite a number of invited guests, and among them was Dr. Joseph C. Hearne, the Stillwell's family physician and a frequent visitor at their house. About 12 o'clock the guests left the Munger house. Mr. Stillwell usually regretted going out at night, but seemed to enjoy himself that evening and spoke of his pleasure. He praised Mrs. Stillwell's dress and said some nice things, which pleased her very much. They played euchre that even- ing at the party and Mrs. Stillwell won the first prize. There had been, some days before, a serious disagree- ment at the breakfast table, in which a coffee cup had been broken; so Mrs. Stillwell was very much impressed by her husband's kind speeches, as they completed the re-establishment of their former relations. Mr. and §%$3. º Asºº 10 THE STILL WELL MURDER Mrs. Stillwell occupied a large room in the center of the house, on the second floor. There were two beds in this room—one occupied by Mr. and Mrs. Stillwell and the other by the younger children, Harold and Earl. The children had been put to bed by the servants and were sound asleep when Mrs. Stillwell went into the room. Mollie, the oldest child, was in Quincy visiting relatives. Mr. Stillwell was the last to enter the chamber. He remained behind to lock the front door. When they were disrobed, Mr. Stillwell asked his wife to lock their room door opening on the hall. She started toward it, but the children were disturbed by their talking and cried out, so she went to the little ones' bed and, being tired, went to sleep there. She does not know how long she slept, but she was awak- ened by her husband saying, “Fannie, is that you?” Opening her eyes, she saw a man crouching at the foot of her husband’s bed. As she looked she saw the man raise and swing an ax. She says that she heard a whir- ring noise and the thud of the blade as it struck her husband's head. Fearing that it would be her turn next, she covered her head with the bed clothes and fainted. Recovering from the swoon, she got out of the children's bed, turned up the gas and discovered a most horrible sight. She found her aged husband dead with a horrible gash across his face. Mrs. Stillwell says that she did not make any outcry, nor any examin- ation of her husband. She took the youngest child and carried it into the servants' room, and told one of the servants to bring the other child. “Mr. Stillwell has been murdered by a burglar,” she said, “and I do not want the children to see him.” This unnecessary precaution has never been fully explained, as she did not take time to examine her husband nor even make an outcry. Having placed the children in the servant's room and locking the door upon them, she ran down the front stairs, found the front door open, ran across Fifth street to Mr. League's wearing nothing but her night- dress, her feet being bare. She rang Mr. League's door-bell violently, but they were slow to respond and she then ran to Dr. Allen's. The doctor responded THE STILL WELL MURDER 11 immediately. She said: “Oh doctor, Mr. Stillwell has been murdered by a burglar, and is lying in a pool of his own blood.” Dr. Allen told Mrs. Stillwell that he would go over immediately, and as soon as the doc- tor and his wife put their garments on they ran over to the Stillwell house. Mrs. Allen took Mrs. Stillwell in charge and was putting some clothes on her when she fell into a cataleptic state. Dr. Allen and an employe of Mr. League entered the room where Mr. Stillwell lay. Dr. Gleason, who lived across the way, soon went over and the two physicians made a careful examination of the body. Mr. Stillwell had been killed by a blow from an ax. The examination of the body revealed some strange facts. The wound was four and one-half inches in length on the left side of the head. It began at the cheek bone, severing the lobe of the ear, opening the carotid artery and bruising the spinal cord. The doc- tors said the blow produced instant death. Mr. Still- well's feet protruded from the bed and blood had flowed through the mattress to the floor. There was not much blood under the body, and that part of the night- shirt which was under the body of the dead man was not blood stained, making it plain that the body had been moved after death. The physicians think that the mur- derer struck his victim while he was lying on his right side. It was a mystery how his feet had gotten out of bed, as the blow must have stunned the victim and there could be no convulsion at death. When the neighbors entered the house they found three or four chairs set against the children's bed, with pillows piled upon them, between the two beds. The door of the nurse's room was locked, with the key on the outside. Mrs. Stillwell says that she placed the pillows on the chairs to prevent the children from seeing the body of their dead father and the blood, but as she had removed the little ones to the servant's room that precaution does not seem necessary. Some of the assembled neighbors marveled at things they saw. Her intimate friends remembered that Mr. Stillwell insisted that his wife wear canton 12 THE STILL WELL MURDER flannel night-dresses. The one Mrs. Stillwell wore was of fine linen, trimmed with lace. Messengers were sent for the police, John E. Still- well and Richard Stillwell. When they arrived the body was rigid. The body was quite cold when Dr. Allen arrived. He estimates that Mr. Stillwell had been dead about half an hour. Before Mrs. Stillwell became unconscious she asked them to send for Dr. Hearne. He arrived about the time John Stillwell and the police got in the house. The master of the house lay cold in death and his wife unconscious. The coroner, Wallace Armour, was summoned, but did not make a careful examination of the circumstances. He glanced hastily around and then permitted the body to be removed. Before daylight every evidence of the horrible crime had been removed from the room. The sheets were put away, the bedding taken out and the body embalmed. The servants do not remember exactly who ordered this unusual thing to be done. The murder occurred between one and two o'clock and by five o'clock the room had been cleared. This blundering has been kept up ever since. Police were almost convinced that rob- bery was the motive of this horrible crime, but the fact that the ax was taken from their own barn leads to the belief that it was premeditated murder. The deceased was a very careful business man as regards money affairs, and rarely carried much money about him, so it was a matter of general surprise that any one would attempt to rob him, when they must have known that very little money could be obtained. SEARCH OF THE HOUSE On the stairway was found a trail of burnt matches which led out into the yard and the woodshed. The front doors, which were bolted and chained at night, had been opened, but not by any violence. Not a door or window was even scratched. Money was found scattered from the back door to the alley gate. One of the back doors was found open, but the bolt showed no signs of violence. Nothing was found amiss in the THE STILL WELL MURDER 13 room. The silverware was found on the mantel in a cloth bag, where the family usually kept it at night. This bag had not been touched. Mr. Stillwell's watch was found where he usually kept it and some silver was found in his pants pockets, but his pocketbook was missing. The alley gate was found open. The two- edged ax was not to be found. The amount of money found near the alley and Church street was about $40. It showed that the burglar had but little regard for money. The burglar must have been out for his health or for pleasure, as he had not the slightest curiosity to know whether there was anything of value in the house or not. He did not even open a drawer. He did not make an investigation of the drawing room. He used no violence on the doors. The doors through the house and the back doors were all open and no marks showed on any of them. Burned matches were found in quantities. These matches had the appearance of having been burnt before they were carried into the house, as only one end could be found. They could not have been used to give light. Near the alley gate a silver quarter was found. Five dollar bills were found in a bundle and some more silver was found, and then the missing pocketbook, and a little further on the missing ax was found covered with coagulating blood. This ax was usually kept in the woodshed. The streets seemed to have been deserted by the police at that particular time, but had an officer passed at the time of the murder he would have been of little service, as no outcry or screams for help came from that direction. The assassin was compelled to pass within a few inches of Mr. Stillwell in order to reach the door lead- ing into the hallway. The space between the chairs on which the pillows were lying and Mrs. Stillwell's bed did not exceed eighteen inches. The chairs and pillows were placed at that particular spot to prevent the child sleeping on that side of Mrs. Stillwell from falling off onto the floor during the night. It may be well to state that there were only two children in the room, and they were sleeping with Mrs. Stillwell. 14 THE STILL WELL MURDER There are no indications that any of the doors or windows of the house were tampered with or that the slightest effort was made to force an entrance. THE FUNERAL Mr. Amos J. Stillwell was buried on New Year's day, 1889. Mrs. Stillwell was still under the care of Dr. Joseph C. Hearne. They were in a room upstairs together while the parlors were crowded below. Dr. Hearne came down and told the persons in charge of the funeral to hurry the services, as it had a bad effect on his patient. About I :30 o'clock the friends of the family began to arrive and half an hour later not only the house but the yard and pavements of the street were crowded with sympathizing friends. In the front parlor were the remains of the murdered man, seemingly resting in peace, in a beautiful casket which was laden with lovely flowers. The face of the dead man appeared as though he slept. At about 2 o'clock the Rev. John Davis took a position near the corpse and read the beautiful lesson of the Episcopal Church. This service was followed by prayer. It was then announced that all those wish- ing to view the remains could do so. The remains were then taken to Mt. Olivet cemetery and laid to rest. CHAPTER II THE CORONER'S JURY £ºlor ONER WALLACE ARMOUR was sº summoned. He made a hasty examination of the body and surroundings. He had recently been elected to the office and perhaps was not fully conversant with the duties of a coroner. At any rate he did not then make a careful examination of all of the circumstances. Before he made a second examination the bed had been taken down and the bedding taken out, and all of the evidences of the horrible crime had been removed (with the exception of the body). Early on Sunday morning the coroner summoned a jury of six and David Dubach was elected foreman. The physicians were all examined. Dr. Joseph C. Hearne stated that he had left the party at Mr. Munger's house at 12 o'clock (Mr. Munger was also on the coroner's jury). Dr. Hearne had gone to his office, which is on Broadway, between Fifth and Sixth streets, and near the Stillwell back yard. He transacted some business there and then went to his home on Bird street. He was then summoned to attend Mrs. Stillwell, who was too ill to be examined at that time. Drs. Allen and Gleason were called upon to tell what they had seen and how the body was found partially out of bed. They described the blood- stains in the bed, and the position the body must have occupied in relation to the stains before it was partially pulled out of bed or in the agony of death had thrown itself out. The servants gave their testimony. The finding of the burnt matches, the unlocked doors, the scattered money and the bloody two-edged ax were all put on record. The jury was compelled to adjourn until Mrs. Stillwell could appear and be examined. “That lady,” Dr. Hearne said, “could not be examined. Her nervous condition would not permit it.” Five days 16 THE STILL WELL MURDER later Dr. Hearne, who had been constantly attending Mrs. Stillwell, announced that the coroner's jury might examine her. He stated that the lady was not well and was liable to faint at any time. The jury assembled in the Stillwell mansion and with the greatest caution the questions were asked the widow. She told the jury about seeing a man at her husband's bed and how she heard that singular whirr of the ax, and how she fainted. She told of the silverware on the mantel not being molested. She swore that she found the front door wide open when she ran down stairs and across the street. The lock on the front door was of a variety that a most skillful expert could not open from the outside. She was asked why she had placed pillows on the chairs beside the children’s bed. She replied that they might not see the body of their father. She gave but little information that was of any value. She faltered when asked to sign the statement. She wrote the first part of her name with a trembling hand and when she came to the word “Stillwell” she quivered and fell in a faint as she made the last letter. The coroner's jury found that Amos J. Stillwell came to his death at the hands of some person or persons unknown. The coroner's jury was so consid- erately conducted that some very important facts had been left undeveloped which the grand jury would liked to have had explained. January 1, 1889. DETAILS OF THE CORONER'S JURY Coroner Wallace Armour, assisted by a jury, has examined a number of witnesses, but no new facts have been brought to light. MRS. STILLWELL’S STATEMENT Mrs. Stillwell's statement is, in substance, that when first awakened she heard Mr. Stillwell ask, “Fannie, is that you? Is that you, Fannie?” She then partly arose and saw that Mr. Stillwell had raised up in bed and at the same time discovered the form of a man THE STILL WELL MURDER 17 standing at the foot of Mr. Stillwell's bed. The man was in a crouching position, and springing forward, struck Mr. Stillwell what proved to be the fatal blow. Horror-stricken at the awful sight, she fell back into the bed and covered her face and head with the bed clothing. Recovering to some extent in a few moments, and realizing the desperate situation in which she was placed, she unlocked the door leading into the room of her absent daughter Mollie, and hurrying to the door of the servants' room awakened the two negro girls; told what had happened and directed one of them to light the gas and the other to come with her. Going back into her room, she took one of the children in her arms and telling the girl to do the same with the other, she led the way back to the servants' room, where the two children were placed on a bed, both of them being, fortunately, still asleep. After telling the girls to lock the door, she then ran across the street and aroused the neighbors, including Dr. Allen and W. T. League, all of whom, as speedily as possible, responded to her call, and upon arriving at the scene of the murder found everything as has been described before. When Mr. and Mrs. Stillwell went to the party Saturday evening they left the front door unlocked, Mr. Stillwell remarking that as the lock was hard to turn they would leave it as it was until they returned. This, of course, strengthens the theory that the assassin entered the house during their absence. Mrs. Stillwell is quite positive that Mr. Stillwell locked the door when they returned from the party. One of the servant girls, Lizzie Julius, states that she locked the back door of the house at 7 o'clock Saturday evening. This jury is composed of D. Dubach, W. A. Munger, Jas. A. Nelson, John T. Holme, W. R. Pitts and S. A. Birch. The jury will continue its investi- gation with closed doors. January 4, 1889. 18 THE STILL WELL MURDER FULL REPORT OF EVIDENCE TAKEN BY CORONER MRS. STILL WELL I am the wife of the deceased. I was awakened by hearing Mr. Stillwell say, “Fannie, is that you?” I was not fully awake, and I heard him say, “Who is there?” I raised up and saw a dark figure, as I thought, crouching at the foot of the bed. The figure sprang and raised something in his hand as if to strike and I buried my head in the bed clothes. I only saw the figure's back and could not tell who it was. He then sprang and ran towards the top of my bed and I could not see him. I do not know how long I laid there. Two chairs were at the side of the bed to prevent the children from falling out, so that I could not see very well. After awhile I felt as though I must get some one there. I got up and saw Mr. Stillwell lying on the side of the bed. When he spoke I only saw his head raise, as the pillows prevented me from seeing good. When I discovered Mr. Stillwell's condition, I ran to the girls' room; we had a candle in the room, but it gave only a small light. I unlocked the door between my room and the next room. The girls unlocked the door to their room. I told them what had happened and they lighted the gas. The smaller girl began screaming. I did not lock the door of our room leading to the hall before we retired, as I was working with the baby, which was coughing, and fell asleep, forgetting to lock the door as was the custom. I think the man who struck the blow had a large hat drawn over his face. He seemed to be a large man. The cook and I went into the room and took the children. She carried one and I the other. I told her to stay in her room with them and lock the door. Then I came out and ran down stairs; both front doors were open. When we went to the party we closed both doors. They were closed but both were unlocked. We returned a little after II o'clock. I suppose Mr. Stillwell locked the front doors when he THE STILLWELL MURDER 19 came in. When I ran down stairs I crossed the street to Dr. Allen's first; rang the bell and he was so long coming that I rang all the bells near there. I did not hear the man leave the house. When I first saw Mr. Stillwell he was lying on the side of the bed. Jacob Kornder came across the street with me. We went up stairs and afterwards lighted the gas in the hall and sitting room. By that time Mr. Will League had arrived. He tried to telephone Richard Stillwell and Dr. Hearne, but could not raise them, so Jacob Kornder went after Dr. Hearne. In the meantime Mrs. Dr. Allen had arrived. The ladies took me upstairs and that was the last I knew. FANNIE. C. STILL WELL. JOSIE BROWN I live at Mr. Stillwell's. Have been there four weeks. Was there last night with the children. Mr. and Mrs. Stillwell came home about II:30. Lizzie Julius was in the house also. Lizzie went to bed first. The kitchen door was locked when we went to bed. I heard Mr. League say the door was wide open when he came over. Mrs. Stillwell came and knocked on the door and called Lizzie, who got up, went to the door and answered. Mrs. Stillwell asked her to open the door and light the gas. Lizzie did so. Mrs. Stillwell came in and said to Lizzie: “There is a burglar in the house; he has knocked Mr. Stillwell down and I believe he has killed him.” She told Lizzie to come and get the children. I then got up and started in, but Mrs. Stillwell told me to go back, as she was afraid I would make a noise. Lizzie went in, got the children and brought them to our room. This was a quarter of two o'clock. We have a clock in our room. Mrs. Stillwell said she would go across the street and get some one, but she did not say wino. She got Mr. League, who came in and lighted the gas in the lower part of the house. I heard them say that Jule Sanders is the name of Lizzie's beau. He lives in Palmyra. If he was in town last night I do not know it. He was to go home 20 THE STILL WELL MURDER on Friday night. She was with him at Mrs. Jackson's, on Palmyra avenue, to a party on Friday night. We were in the servants' room and the children in their room while Mr. and Mrs. Stillwell were at the party. There was no noise, and I did not hear Mr. and Mrs. Stillwell come home, but Mrs. Stillwell came and told us we could go to bed. Sanders accompanied Lizzie home from Jackson's. I have never seen him in the house at any time, but have seen him at the door. When we go out Lizzie carries a key to the door on the south side of the house, but if we go down town simply, we hide the key. After supper we were together all the evening in our room. I was sleeping part of the time, but she was sitting up. Lizzie locked the back door of the house. I saw her when she came in with a load of wood and locked the door. I have known Lizzie about a year. She stands well with the colored people, so far as I know. Matt Bell sawed wood there last week. I think Mr. Stillwell locked the south door before he went to the party. One night when I went to the Tabernacle I came in at the front door, which was unlocked. Mrs. Stillwell did not scream, but trembled violently. There is no help besides myself and Lizzie. Matt Bell was there on Friday. (Here the ax was shown the witness but she did not recognize it). We used the ax to split kindling. I was in the barn yesterday but did not go through. I don’t think Lizzie went down stairs after she came up for the night. JOSIE BROWN. LIZZIE JULIUS I live at Mr. Stillwell’s house and have been there about five months. About II:30 p. m. Mr. and Mrs. Stillwell came home from the party. I did not hear them come in, but Mrs. Stillwell came and said: “Lizzie, I’ve come; you girls can go to bed.” She told me to push the door to. We then went to bed. I went to bed first and Josie came in about ten minutes later. About I :45 a. m. Mrs. Stillwell knocked on the - THE STILL WELL MURDER 21 door and said, “Lizzie.” I roused up and said, “What is the matter?” She said, “Strike a match and light the gas.” I lighted the gas and opened the door. She said, “There is a burglar in the house; he struck Mr. Stillwell, and I believe he has killed him,” and then said, “Come in and get my little baby.” I went in after the baby, and Mrs. Stillwell brought Harold. Mrs. Stillwell went into the room first. She said, “Don’t let Josie in ; I am afraid she might scream.” Mrs. Stillwell was in her night clothes and was bare- footed. She usually keeps a candle burning on the mantelpiece, but I don't know whether it was burning or not last night. She came back with Mr. League. She was only gone a few moments. When I went into Mrs. Stillwell's room I did not see anything because I was so badly scared I did not look. Harold did not sleep with Mr. Stillwell, but with Mrs. Stillwell. I locked the door in the barn about 5 p. m. I locked the back (kitchen) door about 7 p. m. after getting a load of wood. Mr. Stillwell went into the kitchen and got some water after he came home from the party. I am 22 years of age; my sweetheart, Jule Sanders, lives in Palmyra. I was with him at Mrs. Jackson's party on Palmyra avenue, on Friday night. We came home about II:30 p. m. He did not come in the yard. He left saying he was going home that night. I have known him about a year. (The witness identified the ax as being the property of Mr. Stillwell.) LIZZIE JULIUS. JACOB KORNDER I am employed by W. T. League as a florist; I met the "Long Line” train on the night in question at | 20 a. m. and I returned to the house at a quarter before 2 o’clock; I sat down in the green-house to read, as I am compelled to sit up till 5 a. m. to keep up the fires; just after I heard the clock strike 2 o'clock, I heard Mrs. Stillwell and went around to see what was the matter. When she told me, we went over to the house together; she told me to make a light; we went 22 THE STILL WELL MURDER to Miss Mollie's room and then into Mrs. Stillwell's room. Mrs. Stillwell said, “There he lies.” There was no light in Mrs. Stillwell's room; the candle was in Mollie's room; the servant girls were standing in their door; I lighted the gas in the hall and sitting- room; I saw the body of Mr. Stillwell by means of a match, which I struck while in Mrs. Stillwell's room. The body was on the side of the bed next to the hall door. JACOB KORNDER. W. T. LEAGUE I reside immediately opposite the Stillwell resi- dence. Last night about ten minutes to two the bell rang. My sister went to the window; I heard Mrs. Stillwell say: “Mr. Stillwell has been murdered and is lying in a pool of blood.” My sister then called to me at once and repeated Mrs. Stillwell’s statement. I told my mother to call Jacob Kornder, my florist; I went down the back stairs, around the house, crossed the street, found the gate at Stillwell's open; went up stairs and found the door of Mr. and Mrs. Stillwell’s room open; I stepped into the room; found Mr. Stillwell lying in a kneeling position, with his head lying on the bed with the left side up, with a wound beginning at the temple and running four inches towards the neck. There was a small candle or a taper in the room. I stepped to the head of the bed and took hold of Mr. Stillwell's hand, which was lying on the bolster; I felt it twitch; I went down stairs and crossed to Dr. Allen's and found that Mrs. Stillwell had been there; I went to Dr. Gleason’s and H. F. Dakin's also, and from there diagonally across to the gate and met Dr. Allen at the door, who said, “Mr. Stillwell is dead.” I asked him to go back up stairs, which he did. The gas had been lighted in the hall and sitting-room. I went into the sitting-room to telephone for the police. Mrs. Stillwell, who was standing in the room, said, “Mr. League, telephone for Dick.” Several neighbors came in and took charge of Mrs. Stillwell, who was in a terrible THE STILL WELL MURDER 23 condition. Officers Reiman and Connery arrived shortly afterwards; the house was open; each door back to the lattice work. W. T. LEAGUE. DR. ALLEN I am a practicing physician in this city. I live nearly opposite the Stillwell residence; I was aroused by the ring of my door-bell in a somewhat excited manner; answered the call; Mrs. Stillwell stood at the door in her night--dress wringing her hands; she said: “Oh, doctor, come over to the house, for God's sake. Mr. Stillwell has been murdered and is lying in a pool of blood.” I replied that I would come as soon as possible; my wife and I went over; it was then about 2 o'clock; the front door was open and Mrs. Stillwell was standing at the foot of the steps in her night clothes. She was then alone; we all went up stairs and my wife quieted Mrs. Stillwell as much as possible. Mr. Stillwell was in a kneeling position across the edge of the bed, his feet barely touching the floor, with a horrible wound on the head; we wanted to light the gas, but there were no matches in the match safe. Mr. Stillwell was pulseless and there was a pool of blood in the bed; the body had the appearance of having been moved from the position in which the fatal blow was struck, and there was tallow on the bolster, as if some one had been examining the wound with a candle. (The witness was here shown the ax.) The wound has the appearance of having been made with this ax. A. L. ALLEN, M. D. DR. GLEASON I was called and went to Mr. Stillwell's. The body was lying a little to one side with the left hand on the pillow and the right hand under the head or body. The limbs were on the floor and the left was over the right. The lower portion of the body was just over the edge of the bed. I examined the wound with a candle which I took from the mantelpiece; found the wound to be four and one-fourth inches in 24 THE STILL WELL MURDER length, reaching from above the frontal bone through the temporal bone, severing the external carotid arteries and probably the jugular vein also. The portion of the wound near the spine was very much deeper than the front. By inserting the finger, the vertebrae of the spine could be felt. I then went with others out into the alley, found a whole match on the kitchen floor, which was similar to those on the mante'. Found in the alley four five-dollar bills done up smoothly together and a five-dollar bill four or five inches from the other money. A few feet further towards Church street saw part of the handle of an ax sticking out from behind a plank which was leaning against the stable south of the Stillwell barn. Took the ax up stairs and discovered blood stains on the blade, which were much deeper towards the handle, corres- ponding with the wound, which was deeper towards the spine. The pants were on the floor at the foot of Mr. Stillwell's bed, while the other clothing was on a chair near the alcove. J. L. GLEASON, M. D. DR. HEARNE The testimony of Dr. Gleason having been read, I confirm the statement of Dr. Gleason as to the character and the location of the wound on the person of deceased, and further state that, in my opinion, the death of Amos J. Stillwell was produced by the infliction of said wound. - DR. J. C. HEARNE. VERDICT OF CORONER'S JURY “We, the Jury, find that Amos J. Stillwell came to his death from the stroke of an ax in the hands of some person to us unknown.” CHAPTER III THE SEARCH FOR THE CRIMINAL lº HERE were two negro women who lived - in Hannibal at one time, but left and went to St. Louis. They worked for their º living, but did not bear good reputations, although they worked in good families. One was named Bertha Miller and the other Esther Dick. Bertha Miller lived in a dingy little house and Esther Dick visited her frequently. They occupied a front room. The room back of them was rented to an old colored woman who took in washing. The old colored woman was sitting in her room one night, resting after a hard day's work, and through the partition which separated her room from the front room, she heard Bertha Miller and Esther Dick discussing the Stillwell murder. The old woman put her ear to the crack and listened to the horrible story of the murder. Next morning she went to the house of a lady for whom she had worked and told what she had heard. A negro man by the name of Stanley Kendricks at that time lived in Hannibal and worked as a servant or at anything he could get to do. He fell sick and had no money. Dr. Hearne gave him medical treatment, supplied food, lodging, in fact he supported him during his illness. Stanley Kendricks recovered slowly, and when he got well he came to see Esther Dick and offered her inducements to assist him in committing a crime. Kendricks knew this woman well. He did not tell her exactly what he intended to do. Securing her, he persuaded a negro who had been employed by Stillwell to join him and through him he secured the assistance of Bertha Miller. Kendricks finally told them that he intended to kill Mr. Stillwell. They asked him what Mrs. Stillwell had done to him. He replied nothing, but said that he had been asked to do it and was going to do it for the man who had asked him. They discussed their plans. Kendricks 26 THE STILL WELL MURDER told them that they would have no trouble in entering the house, as that would all be arranged. They met about midnight and sought the Stillwell neighborhood. Kendricks stationed one of the women in the alley near Broadway, the other in the alley near Church street. They were to remain as guards to give warning in case any one approached. Kendricks and Rhodes entered the yard and they saw no more of them for some time. Then they heard their steps; they were running; they called the women away. Kendricks carried the bloody ax and was covered himself with blood. He carried the ax down the alley and tore a board from the shed and threw the ax in. They all hurried on to a certain house and there they found spots of blood on Kendrick's coat, which were impossible to remove, so the women helped to destroy it. Esther Dick says that Kendricks gave her a ten dollar bill and also gave Bertha Miller the same amount. Esther Dick kept her money, but Bertha Miller became frightened and tore hers into fragments. Afterwards Esther Dick became frightened and thinking she would be discovered she bought a railroad ticket and went to St. Louis. Kendricks fled. THE HUNT FOR KENDRICKS Stanley Kendricks has been up and down the Mississippi river and has friends in all of the cities. When a detective started on his track he was said to be in St. Louis, but when the detective arrived, he had just gone. Some one said that he had gone to Mem- phis. When the detective arrived at Memphis he had returned to St. Louis. Later it was discovered that he was at Cairo, but he had just left there and gone to Memphis. He then left Memphis and went to New Orleans, and then to Keokuk, Iowa. Finally he was heard of at Peoria. November 22nd Kendricks was located in a colored saloon, where he was preparing a coon supper for the negroes of Coon Hollow. The detectives entered the saloon and requested one of the proprietors to let them see the coon they were cooking. º º º : % º % º º MRS. A. J. STILLWELL 28 THE STILL WELL MURDER He consented and led the way to the kitchen. A negro woman ran to the kitchen as soon as they asked permission to enter it. A detective hurried past one of the men just in time to receive the fleeing Kendricks in his arms. The detective asked the woman if she was Kendricks' wife; Kendricks replied that she was. The proprietor and the woman said that she was not. Kendricks was placed in a cell in the city jail, and was asked who his associates were in the murder at Hannibal. He pretended not to know where Hannibal was, said that he never was in Hannibal, also denied having been in St. Louis. He denied knowing Bertha Miller and Esther Dick. A woman claiming to be Kendricks' wife called to see him about an hour after his arrest. In an interview she gave an account of Kendricks from July, 1888, to the present time, except a few weeks. She did not know just where he was, but said that he was in the west and not in Missouri. Stanley Kendricks, who has been followed from one part of the country to another, is a light- complexioned, freckled-faced, colored man, who dresses well. During the time he was pursued, he followed the profession of a gambler. He is not known in Hannibal by the name of Kendricks. TWO STANLEYS Stanley Kendricks, who is under arrest, lives in Keokuk, Iowa, but has been in Hannibal several times. Stanley Christopher is a freckled-faced colored boy. He has at different times been employed as a roustabout on steamboats. The question is, did the colored woman in St. Louis mean Christopher or did she mean Kendricks? | SAM RHODES Sam Rhodes has been in the employ of Stillwell & Co. for over ten years and bears an excellent reputation. Rhodes is a married colored man and was not accustomed to associate with such characters as Bertha Miller and Esther Dick. THE STILL WELL MURDER 29 Rhodes was interviewed by a reporter. Rhodes was not averse to talking on the subject. He stated that he knew Bertha Miller and Esther Dick, but had never associated with them. He said that he knew Stanley Christopher. Rhodes said that he would not have any trouble to establish an alibi, as he could prove that he was at his home on North street after 7 o'clock on the night of the Stillwell murder and did not leave the house, excepting when he went for a bucket of beer. | ESTHER DICK ARRESTED Esther Dick was arrested in St. Louis. She denied all knowledge of the murder. She said she had not even heard of the Stillwell murder, until she was arrested. She left Hannibal about three years ago and went to St. Louis and has not been here since. STRONG PRO OF OF INNOCENCE Bertha Miller was sentenced December 3rd, 1888, by a justice of the peace at Canton, Mo., to thirty days in the county jail and a fine of $15 and costs for stealing shoes. This proves that she was in jail at Monticello December 30th. She says she was told about the Stillwell murder by the jailor's daughter. The jailor's wife brought her a paper containing an account of the murder. She afterwards went to St. Louis and boarded with the old colored woman and left owing her a dollar and a half board bill, but left her trunk as security. DR. HEARNE INTERVIEWED Dr. J. C. Hearne was indignant that his name should be used in such a manner, and stated that he had placed the matter in the hands of an attorney, with the expectation of bringing suit for damages. Some people had an idea that the toughs of the levee knew something of this horrible crime, but the good people of the town do not think for a moment that any 30 THE STILL WELL MURDER one as poor as those people living in squalid shanties along the river bank would be so cold-hearted as to murder a man for his money, and then have so little regard for values as to overlook them, and especially to throw $40 to the winds, as they could easily have gotten away with their ill-gotten spoils, as no outcry came from that neighborhood. Strange that a burglar would depend on finding a weapon in the wood shed and would then take the precaution to carry it out and hide it. - ºnmann ~ º- - ſ jś º THE STILL WELL MANSION CHAPTER IV SESSIONS OF THE GRAND JURY the jury stood eleven to one in favor of an indictment, but a change took place in the minds of some of the jurors. What made the change, no one seems to know. So the result of the change was understood to be seven for returning an indictment and five against it. The jury adjourned and prepared a communication to Judge Bacon where they request that a special grand jury be empaneled and a special attorney be appointed to further investigate the case, as certain evidence could not be obtained by the present grand jury. THE JURY'S RECOMMENDATION To the Hon. Thos. H. Bacon, Judge of the District Court: We, the undersigned, members of the grand jury, now in session in your honorable court, sitting in the City of Hannibal, respectfully beg leave to report: That we have made an effort to thoroughly, fairly and fearlessly investigate the murder of Amos J. Stillwell, which occurred in the last of December, 1888, in this city. That in so doing we have labored under some very considerable disadvantages, in that we have not had the benefit of competent legal counsel and advice, nor the hearty co-operation and assistance from those most interested. On the contrary, we were the recipients of a very insulting communication from Mr. R. H. Stillwell, (which is herewith submitted) doubtless intended to discourage and discredit the labors of the grand jury in their efforts to discover the murderer of his father. That we have, nevertheless, obtained some important evidence, which we have sealed up and herewith turn over to the custody of the court, and recommend that it be preserved for the use of any future grand jury, but that we are satisfied there is 32 THE STILL WELL MURDER other material evidence attainable, which is not in the power of the grand jury to procure. We would respectfully recommend that a special grand jury, composed of the best citizens of Marion and Miller townships should at some future and convenient time be empaneled for the especial purpose of investigating this case, and that such a grand jury should be provided with a competent and zealous prosecuting attorney of whose assistance and counsel they could avail them- selves at all times when desired. DAVID DUBACH, Foreman. Signed under protest as regards the part reflecting on R. H. Stillwell. PETER Essig, VAN. B. LEFEVER, JosłPH BRINKMAN, WM. A. GOODRICH, BENTON COONTz, JAMES PLOWMAN, JAMEs F. DAVIDSON, THOMAS H. RICHMOND, JAMEs W. WHALEY, GEORGE W. PINE, STEPHEN GLAscock. Dated—Grand Jury Room, Hannibal, Mo., February 18th, 1890. . MR. STILLWELL’S LETTER Hannibal, Mo., February 5th, 1890. To the Grand Jury: Gentlemen:-I hereto append a list of names which I represent to your honorable body as having been present at my father's house at the time or very shortly after his murder. They are mostly neighbors and employes and are in possession of facts and circumstances of much importance touching the case. If you are disposed to continue your investigation and make it thorough, as an interested party, I must insist and do most earnestly entreat your honorable body to subpoena and closely interrogate every party herein mentioned (together with such others as you may elect). If this request impresses the minds of your honorable body as being in accord with justice, I believe compli- ance will ensue; if not it should seem, if indictment is found, it should state on its face: Though especially THE STILL WELL MURDER 33 entreated, we have declined to interrogate the following witnesses, who (here names) are represented to us as knowing most of the merits of the case. If this request impresses your honorable body as being unjust, may I ask expression from you with reason for same? In any event, it is my desire that this paper shall form a portion of your records of investigation, and be filed in clerk’s office with them. Very respectfully yours, R. H. STILL WELL. Following are the names of witnesses suggested by Mr. Stillwell: Mrs. League, W. League, Dr. Allen, Mrs. Allen, Dr. Gleason, Mrs. Gleason, Prof. Packard, Mrs. Packard, Mrs. R. H. Stillwell, Wallace Armour, R. H. Stillwell, S. J. Miller, Jacob Kornder, Dr. Hearne, Matt Bell, Maria Sanders, (washerwoman), Lizzie Julius (cook), Josie, (nurse), Walker Bryant, Mrs. Briggs, (housekeeper) Morris (editor of the Post) Wm. Wood, (detective), Mr. John E. Stillwell and Mrs. John E. Stillwell, St. Louis, Mo. The request of the grand jury was granted by Judge Bacon and the communication was filed as the proceedings of this grand jury. The third grand jury has taken the matter under consideration with about the same result as those previous. Among the witnesses summoned was Mrs. Fannie Stillwell. She appeared and retold her story, but when it came to cross-examination there was trouble. One of the members of the grand jury was not on friendly terms with the widow, and when he asked her pertinent questions she answered in a very wrathful manner. Just exactly what occurred has never quite leaked out, but this quarrel caused the wreck of that examniation. At the time Mr. Davidson was drawn on the jury, Mr. R. E. Anderson, prosecuting attorney, was reported sick in bed and unable to attend to any business. Thus they were left with some legal questions confronting them and no legal adviser. Judge Thomas H. Bacon made himself conspicuous by his absence when his legal advice was much needed. CHAPTER V THE TRIP TO BATTLE CREEK, MICHIGAN rigidity of the muscles, were due to a serious injury and could be cured only by the use of the knife. Mrs. Fannie Stillwell, accompanied by Mrs. R. H. Stillwell and Dr. Hearne, went to Battle Creek, Mich., to have an operation performed, which was borne heroically by Mrs. Stillwell. She was away a month or more, and after she did return, went very little into society. Before Mrs. Stillwell returned she wrote her attorney, R. E. Anderson, asking him to make arrangements to rent her house, as she intended to travel and remain away from Hannibal for a time. Before the house was rented, she changed her mind and returned. The operation was not entirely successful and she was not completely restored to health. She saw, while passing a hardware store, one day, a double-edged ax in the window and fainted. Some people were unkind enough to say that she was acting a part, but they were willing to admit that she did it well. While at Spaulding Springs, with her children and Dr. Hearne's children, she was taken suddenly ill and Dr. Hearne was immediately sent for. She was constantly under his care. He seemed to have wonderful power over her nerves. While he was Mrs. Stillwell's physician, T)r. Gleason was called in when Mr. Stillwell or the children were complaining. ANNIVERSARY CELEBRATION One year after the murder of Amos J. Stillwell, on December 28th, 1889, Dr. Joseph C. Hearne and Mrs. Fannie Stillwell were married on the anniversary of the night of the murder. The marriage took place, at 4 o'clock, at the residence of the bride on South Fifth street. The wedding was a quiet affair. The persons present were Mr. R. H. Stillwell, Mr. and Mrs. W. T. Perkins, Mrs. Brown, Mrs. Stillwell's children THE STILL WELL MURDER 35 and Dr. Hearne's children. The marriage was performed by Rev. John Davis. The happy couple jeft on the C. B. & Q at 5 o'clock for Chicago. They went from there to New Orleans and from there to Florida. This marriage created great excitement and the streets were crowded with men, women and children. They were followed to the train by a mob and many insinuating remarks were made to them as they got on the train; such as “Fannie, is that you?” and “Hit him in the head with an ax and ax me no questions.” Dr. Hearne was very much interested in Mrs. Stillwell before the murder and remarked at one time “that if Mrs. Stillwell should ever become a widow he would only be too happy to make her his wife.” DEAD BUT NOT FORGOTTEN Less than a year ago the citizens were startled by the announcement that one of their best and wealthiest citizens had been horribly butchered in his bed at home. The question is asked almost daily, Why is not some- thing done? Why do not the members of the family further investigate the case, and why do not the citizens take hold of the matter and offer a suitable reward? Why do not his friends and business associates take an active part? An investigation will hurt no innocent person; it will only remove suspicion from the innocent and re-establish their fair name. The citizens held a meeting and Col. Dan Dulany offered $1,000 reward or $10,000 if necessary. Mr. Voorhis, a relative of the Stillwell family, said that it was not necessary, as the family had ample means to offer a suitable reward themselves, so the good citizens dropped the matter, leaving it in the hands of the Stillwell family awaiting the result. John E. Stillwell, a nephew of the deceased and a member of the Stillwell firm, was anxious to force a thorough investigation, but the prosecuting attorney refused to render assistance, believing in the innocence of Mrs. Stillwell. Mrs. Stillwell forced John E. Stillwell to retire from the firm. They are now mortal enemies. 36 THE STILL WELL MURDER MURDER T REWARD ! Hannibal, Mo., Aug. 25th, 1890. On Sunday morning, Dec. 30th, 1888, (a little after midnight) the residence of Mr. A. J. Stillwell, at 112 South Fifth street, was apparently entered by a burglar seemingly with intent to pillage. At about 1:45 o'clock a. m. Mr. A. J. Stillwell was awakened by a noise in his bed-room. He roused, called his wife, (who was sleeping with her two children in a separate bed in the same room.) She awoke and saw the form of a man standing at the foot of his bed. Through fear she covered herself and children with bed clothing. While concealed in bed she heard the man strike a terrific blow and quickly leave the room. This blow was struck with an ax and proved fatal, causing instant death to Mr. A. J. Stillwell. The ax, Mr. Stillwell's pocket- book and twenty-five dollars in money were found in the alley at the rear of the residence, with the barn doors and the kitchen doors in the rear of the house all open. The burglar is supposed to have obtained about $60 and in his flight dropped the above $25. Circum- stances warrant the belief that more than one person was engaged in the crime. TEN THOUSAND DOLLARS REWARD Ten Thousand Dollars reward is hereby offered for the arrest and conviction of the person or persons guilty of the murder, or for information leading to the arrest and convic- tion of the guilty party or parties. Any infor- mation given will be treated in confidence if so desired and proper protection guaranteed to any one furnishing information. R. H. STILLWELL, Administrator. THE STILL WELL MURDER 37 DETECTIVES DISCOURAGED The marriage of Fannie C. Stillwell to Dr. Joseph C. Hearne caused much discussion. Immediately after the murder detectives took the case in hand, but were somewhat unsuccessful in their efforts to find the guilty party or parties. They arrested several men who lived in shanties along the river. Several negroes were also arrested on suspicion and detained for a number of days, but no proof could be found against them, so they were discharged. It is claimed by reliable persons that the detectives were not allowed to follow up clues that pointed in the right direction. The detectives traced it to the house, but Richard Stillwell told them that if it implicated any member of the Stillwell family he would not pay out another cent. His friends say that he would give $50,000 to see his father's butcher dangle at a rope's end, but that he loves his sister and little brothers too well to see them suffer for a crime of which they are innocent. Before Richard Stillwell offered a suitable reward, he imposed one condition— that the detectives should not conduct an investigation upon the theory that the murderer gained entrance to the house through the assistance of some one on the inside. Being thus discouraged the search was finally given up and this horrible crime was allowed to pass as a mystery, although Hannibal's good citizens were never fully satisfied. A TRIP THAT WAS NOT TAKEN Dr. Hearne and his wife had the outward appear- ance of being a happy couple. The doctor seemed very much devoted to his wife, but the world soon saw that all was not happiness in their home. This sensa- tional story came from a New York paper: A lady came aboard the Bremen steamer “Spree” with passage for herself, two children and a nurse. She requested that her presence on the ship be known under no circum- stances. She did not wish her husband to find her. She said if her instructions were not obeyed she would leave the steamer and go abroad by another line. The 38 THE STILL WELL MURDER lady retired to her state-room. Shortly before the “Spree” was to sail a heavy-set man, inclined to be florid, came aboard. He seemed very much excited and demanded to see his wife without delay. Per- mission was at first refused; he then stormed and raved, running from one state-room to another, calling: “Fannie, Fannie! Only one word with you and you can go. Please grant it.” He was finally conducted to his wife's state-room. When she opened the door he took her in his arms and showered kisses upon her face. Two of the ship's officers stood close at hand, fearing violence, but the doctor had no such intention. He seemed to have a remarkable influence over his wife, as she immediately consented to leave the steamer with him. The nurse then came upon the pair. When her gaze fell upon the man she got livid with anger; she abused him, calling him a liar and a scoundrel. After the girl quieted down, preparations were made to leave the ship, the girl going with reluctance. The husband and wife proved to be Dr. and Mrs. Hearne; the supposed nurse was Mollie Stillwell, daughter of Mrs. Hearne; the children were hers by her first husband. Mrs. Hearne stated to a reporter that she had started to Europe with her daughter, who desired to complete her education in Germany. The doctor was opposed to this idea. Taking advantage of the doctor's absence at Decatur, Ill., where he was attending a convention, Mrs. Hearne purchased tickets and started for New York. Her husband in some way learned of her departure and followed her. Dr. Hearne telegraphed Richard Stillwell to meet him in Chicago and take charge of his rebellious sister, which he did. Mollie Stillwell was placed in an academy for young ladies in Indiana. Dr. and Mrs. Hearne went to St. Joe. In a few weeks they and their children went to Los Angeles, Cal. Various reports have come from there. One was to the effect that Mrs. Hearne's mind was giving away; another that she was going to sue for a divorce. The doctor wrote to a Hannibal friend stating that he is delighted with the climate and that they are THE STILL WELL MURDER 39 living among white people and the children are attending school. MRS, DR. HEARNE GRANTED A DIVORCE Recently a statement was made on the street to the effect that Mrs. Dr. J. C. Hearne, of San Diego, Cal., had been granted a divorce from her husband on the grounds of cruelty and failure to provide. The com- plaint was filed July 21st, 1894, and a judgment of divorce on the ground of cruelty and failure to provide was granted August 1oth. Mrs. Hearne resumed her former name of Fannie C. Stillwell. Dr. Hearne insisted that the principal ground of disagreement between himself and wife has been incompatibility of temperament, and says that his wife's daughter, Mollie, has had a most disturbing influence in the household. It was stated by friends of Mrs. Hearne that the doctor told his wife that he would directly charge her with being the murderer of her husband, Amos J. Stillwell, if she persisted in seeking a divorce. She defied him and told him to tell all he knew, warning him that he stood on dangerous ground. After the complaint was filed by his wife he went to La Jolla and called at the cottage occupied by Mrs. Hearne and children. He was denied entrance, but forced his way into the house and going to the door of Mrs. Hearne's room, which was locked, burst his way in with an ax. They first located at Los Angeles, but the story followed them there and they finally went to La Jolla. MARRIED AGAIN Shortly after securing a divorce, Dr. Joseph C. Hearne and Mrs. Fannie C. Stillwell were re-married by a justice of the peace. Mrs. Stillwell was plainly dressed, while Dr. Hearne was ostentatiously attired in black broadcloth. CHAPTER VI THE LIFE OF AMOS J. STILLWELL ;3|MOS J. STILL WELL was one of the oldest 3. and most esteemed citizens of Hannibal. He was the senior member of the pork- packing firm of Stillwell & Co., John E. Stillwell, a nephew of the deceased, and Richard H. Stillwell, a son, being the other members of the firm. Mr. Stillwell had been married twice. Richard Stillwell was the only child of his first wife. Mr. Stillwell had three children by his second wife— Mollie, aged 14 years; Harold, 8 years, and Earl about 4 years. Mr. Stillwell was 57 years old; his second wife was about twenty years his junior. Mr. Stillwell was one of the most solid and one of the wealthiest business men in Hannibal, being both honest and influential. He was not a member of any church, but attended the Episcopal church and contributed to its support. He resided in Hannibal for many years and lived in a handsome residence on Fifth street between Broadway and Church streets. The house is one of the finest in the city. This house was elegantly furnished, but the better portion was added after Mr. Stillwell was murdered. Mrs. Hearne, who had come into her share of her late husband's estate, spent money with a lavish hand. With all of his indulgence, he had never provided anything like the luxury with which his widow surrounded herself. She had the room in which the murder had been done overhauled and occupied that room herself, which seemed inconsistent with her nervousness. Mr. Stillwell was a Kentuckian by birth and was quite a young man when he came to Hannibal from his native state. He had some money left him by his father. He went into the pork-packing business and prospered, and in the course of about fifteen years he amassed quite a fortune. Before leaving Kentucky he married a beautiful Kentucky lady, but it was rumored that she was ruled by her husband. Mr. THE STILL WELL MURDER 41 Stillwell was kind-hearted, but was a very positive man. One child blessed this union, and not a great while afterward, the wife died. Mr. Stillwell remained a widower until 1870. He was a very plain old gentle- man, and did not go much into society. He was honest in all of his dealings and had but few active enemies. ROMANCE OF THE CRIME The second Mrs. Stillwell's maiden name was Fannie Anderson. She was considered a very handsome girl. She lived in Maysville, Kentucky. She had beautiful, dark flowing hair and a lovely complexion. Being well educated, an accomplished musician and a brilliant conversationalist, she could fascinate when she chose. Her mother died when she was quite young and her father married the second time. She and her step-mother could not agree. When she was old enough her father placed her in a convent, where she graduated. Upon her return home her relations with her step-mother were not improved. She finally resolved to return to the convent and take the veil. The Anderson family were much opposed to this idea. Her father remonstrated; relatives and friends advised her not to throw her young life away. She then decided not to carry out this intention. She then went to Greencastle, Ind., to live with her uncle, Eli Ander- son. Her beauty soon made her a favorite in society. One day Mrs. Anderson, who is a sister of Amos Still- well, received a letter from her brother, stating that business called him east and that he would stop and make her a visit. When he arrived at his sister's he seemed to forget that it was business that called him east. He fell in love with pretty Fannie Anderson. He remained a few weeks and then went away. It was announced that Mr. Stillwell would stop on his return to Missouri, and when he returned a wedding took place at the Anderson home. When he resumed his journey he was accompanied by a young girl, his bride, formerly Fannie Anderson. Mrs. Stillwell, being young and pretty, soon assumed the leadership of 42 THE STILL WELL MURDER society. She was about twenty-one years of age. She had a high temper and a will of her own, and the old pork-packer did not always have his own way. Remembering the sufferings of her early life she was very kind to Dick Stillwell and often interceded in his behalf. In fact, she was so kind to him that he grew to entertain a very strong liking for her, much stronger than the most of sons usually have for a step-mother. The good people of Hannibal are still anxious that the murderer of this good old man be brought to justice. DR. JOSEPH. C. HEARNE Dr. Joseph C. Hearne was a widower with two daughters. His first wife was Fannie Brown, daughter of Dr. Marion Brown, now deceased. Dr. Hearne was tall, erect and had a commanding air about him, in fact he was rather inclined to be domineering. He was popular and kind to his friends. He understood his profession. He was several times appointed city physician of Hannibal. The doctor at one time ran for mayor, but was defeated by a large majority. He was appointed chief surgeon of the H. & St. Joe R. R. *S* CHAPTER VII THE REWARD WITHDRAWN # HE motive that led Mr. R. H. Stillwell to withdraw the $10,000 reward for the apprehension of the murderer or murderers of his father has been investigated. Mr. Stillwell has experienced a change of mind. He held tenaciously to the robbery theory, but recent developments have served to convince him otherwise. He will now follow up a more plausible clew, and those who have been his most severe critics will soon applaud his course, as he is determined to bring the guilty to justice, no matter who they are. A very important witness resides in Chicago, and this witness has hinted facts that opened the eyes of the murdered man's son. The murderer of Amos J. Stillwell is nearer to the gallows now than ever before. Mr. Stillwell does not believe that it is necessary to expend $10,000 to catch the villain who murdered his aged father. He will now take the matter in his own hands. HEARNE-DeYOUNG LIBEL SUIT Dr. Joseph C. Hearne brings suit against the San Francisco Chronicle asking $200,000 damages. Efforts to keep the separation of Dr. Joseph C. Hearne and Fannie Hearne secret cause the facts to be made public. Following is the article Dr. Hearne claims to be libelous: [Special Dispatch to the Chronicle.] San Diego, August 25:—It has just leaked out that a divorce was granted on the Ioth inst to Fannie C. Hearne from Dr. Joseph C. Hearne of this city. The prominence of the principals in social circles here, as well as a certain incident in their career at Hannibal, Mo., makes the separation of more than passing interest. Mrs. Hearne was at the time of her marriage to the doctor, four years ago, the widow of Amos J. Stillwell, a wealthy pork-packer of 44 THE STILLWELL MURDER Hannibal, whose murder less than a year previous to her second marriage was one of the most exciting events in the history of that city. The complaint was filed on July 25th by her attorneys, W. T. McNealy and Conkling & Hughes, but the matter was kept secret by mutual consent. The charges were cruelty and failure to provide, and were made, it appears, on an understanding that no defense would be presented when the case came to trial. Persons cognizant of the feelings existing between the doctor and his wife have long been looking for the institution of a suit for legal separation, their disagreement being of common report. Indeed it was stated by friends of Mrs. Hearne that she had been deterred only by fear of personal violence from filing a complaint long ago, containing even more sensational charges against the doctor than that of cruelty directed against herself. The couple have been residents of this city for some years, Dr. Hearne being one of the best-known physicians in this city. They lived in a fine house at the corner of First and Laurel streets until the present trouble led to a breaking up of the family, since which time the doctor has made his home at the corner of Fourth and Ash streets, where his offices are located. Mrs. Hearne, or Mrs. Stillwell, as she now is called, for she was permitted to resume the name of her former husband at the time of granting the divorce, is spending the summer at La Jolla with her daughter Mary and two sons. Dr. Hearne's two daughters, the fruit of a former marriage, are visiting their old home at Hannibal, where the marriage just annulled took place. No children were born of the union. At the trial evidence was elicited showing the doctor to be a man of most ungovernable temper, the use of profane and abusive language being one of the offenses charged, but such incidents as hurling of dishes at his wife when engaged in arguments were referred to by witnesses for the prosecution. These wild out- bursts are said, however, to be merely a suggestion of the evidence which it would have been possible to intro- duce in case there had been a contest. Intimate DR JOSEPH. C. HEARNE 46 THE STILL WELL MURDER relations alleged to have been sustained by the doctor with various women of San Diego, it is said, would have afforded material for racy charges. The doctor wisely allowed the suit to go by default. Mrs. Stillwell had been contemplating a trip to Europe for some time past, but has been prevented from leaving by the severe illness of her daughter. Dr. Hearne insists that the principal ground of disagreement between himself and wife was incompatibility of temper, and he says that his wife's daughter Mary has had a most disturbing influence in the household. It is known, however, that he was averse to a divorce and certain threats of a sensational nature are said to have been made by him to prevent the filing of the complaint. After the filing of the complaint by his wife, the doctor went to La Jolla and calling at the cottage occupied by her and her children, he was denied entrance. He forced his way within and going to the door of Mrs. Hearne's room, which was locked, burst his way in with an ax. These circumstances were well known to persons staying at La Jolla and led to an inquiry regarding the cause of disagreement. The antecedents of the entire family were investigated, with the result that all the details yet known regarding the tragedy at Hannibal have become known to those interested. It is with reference to them that the greatest interest is felt. The newspapers published at Hannibal and Kansas City at the time of the murder say that late on the night of December 29, 1888, Mrs. Stillwell is said to have appeared at Dr. Allen's house barefooted and in her night clothes to give an alarm on account of the murder of her husband, whose body she said she had found in a pool of blood in a room adjoining her own. Being awakened by a disturbance, she had arisen to find that he had been killed with an ax while she slept. That robbery was not the motive was evident from the fact that nothing of value had been taken. The ax was one belonging to the place and had been observed a day or two previous by servants near the front doorstep in the THE STILL WELL MURDER 47 yard. Dr. Hearne was the family physician and one of the first to reach the house and assist in waking the servants. The police made some startling discoveries. One of the back doors was open, but the bolts showed no signs of having been forced. On the steps leading to the first floor parlor matches were found as well as some pieces of silver money. In the dining-room burned matches were strewn about. The trail led out of the rear door into the back yard, where more silver was found; and a few steps from the house, at the door of a wood shed, were more matches. The murderer seemed to have had a mania for burning matches, which was more unaccountable in that he had not used them to make light. They seemed to have been ignited and thrown down ere they had sputtered twice. A blood- stained ax with which the deed was committed, was found near by and close beside it several $5 bills. Money was evidently no object to this murderer. All evidence of the crime was quickly cleared away. The funeral of the rich packer took place on New Year's day. Before the following Christmas the wedding of Dr. Hearne and the widow was announced, and then it was recalled that previous to the tragedy the relations existing between the doctor and the Stillwell family had been of the most intimate nature. Ugly rumors began to spread abroad, and up to the present time grand juries in session at Hannibal have had the matter under inquiry fifteen or sixteen times, but no indict- ment has ever been found. The social relations of the family became unpleasant, and Dr. Hearne having secured the appoint- ment of surgeon for the Hannibal and St. Joseph Rail- road Company, they removed to St. Joseph. The story followed them there and they soon came to Los Angeles, where they found that the report of the murder had preceded them. They then came on to this city, where they have been living ever since. Soon after the marriage difficulty arose and Mrs. Hearne took passage for Europe, but was followed to the steamer by her husband and induced to return to him. The daughter 48 THE STILL WELL MURDER Mary then gave him a “tongue lashing” in public, which was very pointed, and helped to renew the inquiry regarding the Hannibal tragedy. Nothing has ever transpired to fix the crime upon any one, but it is said that whenever a grand jury is drawn at Hannibal the whole matter is gone over afresh and an attempt made to unearth new evidence. Any facts found pertaining to the case are sealed up in an envelope and left for the next grand jury. HEARNE'S STATEMENT In the fourth paragraph it is stated that Mrs. Hearne testified during the divorce proceedings that she “feared personal violence and filed even more sensational charges than cruelty directed against her- self.” That is a lie made out of whole cloth. And then in the seventh paragraph of the article it is stated that “evidence was elicited that I used profane and abusive language in her presence and hurled dishes at her,” which is villainously false. In the eighth paragraph it is said that I was accused of “intimacy with various women of San Diego”—another baseless statement. Then in the ninth paragraph I am accused of threats of a character to prevent the filing of the complaint. This is absolutely untrue, as the divorce was mutually agreed to. The statement that I burst my way into her room at La Jolla with an ax is also absolutely false. It was my custom to visit my wife there every Saturday night and remain over Sunday. “But,” asked the newsman, “didn't you break open the door?” “I found it locked and merely pushed it in. There was not an ax about the house. It is not neces- sary for me to call attention to the statement that I was the first person at the Stillwell house after the murder. Even my earnest enemies in Hannibal admit that such was not the case. I never located at Los Angeles, as alleged in the fifteenth paragraph. When we left Missouri our tickets or passes read St. Joseph to San Diego. These are the grounds of my suit against the THE STILL WELL MURDER 49 San Francisco Chronicle and I am satisfied that I will get judgment for the amount asked.” IN HANNIBAL Dr. Hearne, of San Diego, Cal., accompanied by Judge Hendrick, of that state, arrived in the city on the evening of July 4th, 1895, and will remain in Hannibal until the work of taking the depositions in the case of Dr. Hearne against the San Francisco Chronicle is concluded. PART OF DEPOSITIONS The depositions in the libel suits of Dr. Hearne against the San Francisco Chronicle for $200,000, there being two suits of $100,000 each, will be taken at the office of Hon. Geo. A. Mahan, before Judge Samuel J. Harrison, beginning July 9th, 1895. Dr. Hearne and his attorney, Judge Hendrick, of San Diego, Cal., will be present. The Chronicle will be represented by Hon. Geo. A. Mahan. A. L. Clark, the personal representa- tive of Mr. DeYoung, of the San Francisco Chronicle, is in the city to represent Mr. DeYoung. Mr. DeYoung is now in Paris. Mr. Clark is a very bright young man and has spent a great deal of time on the Stillwell. murder case. - DICK STILL WELL’S STARTLING TESTINTONY Asserts that He Has Learned that His Father's Wife and Dr. Hearne Were Intimate–Other Statements Richard H. Stillwell testified as follows: What is your name, age and where do you live? Richard H. Stillwell, age 39, live in Hannibal, have lived here thirty-seven years. My business is provision dealer. Who was your father? Amos J. Stillwell. Were you at Mr. Munger's party on the night of Dec. 28, 1888? I was not. 50 THE STILL WELL MURDER What time did you retire that night? I retired between II and 12 o'clock. Where did you live at that time? At 1221 Bird street, probably three-quarters of a mile from my father's house. Where was your father's house? On South Fifth street. Did you receive any information from your father's house on that night? If so, what was it, and how did you receive it? I received it by telephone, about 20 minutes to 2 o'clock. I went down stairs and William League stated to me that my father had been killed by a burglar, and wanted me to come there immediately. I went up stairs and tried to persuade myself that possibly I might have been mistaken. After I was thoroughly waked up I went down the second time and called up my father's residence, and Will League answered and he told me the second time that my father had been killed—hit on the head with an ax, and he would like to have me come down at once. I dressed as rapidly as possible and went to the house. Now state in detail what you found at your father's house when you arrived there. When I arrived, there were present Dr. Allen and his wife, Dr. Gleason and his wife, John Stillwell and wife, Dr. Hearne and probably several others. What did you do? Give in detail as near as you Ca11. As well as I can remember I went first to my father's room and looked at him, put my hand on him, and made up my mind positively that he was dead. Possibly after a few minutes' conversation with one or two parties that were standing near me, I went out into the wood shed and into the alley to the rear of the house to see if there was any indication, or could find any clue that might possibly lead to the party or parties. We found there in the alley a roll of bills—probably $20 or $30– one silver dollar, and possibly a silver quarter that had THE STILL WELL MURDER 51 been dropped out of his pocket-book. We also found the empty pocket-book. We found, a little further along toward the south end of the alley, a double-bladed ax with which he had been struck. The ax had some bloody stains on it, and evidently was the weapon that was used for the murder. Was it an ax used around the house? It was said to have been by the servants of the house. I was not familiar with the ax. How far was this ax found from the door leading from the barn into the alley and from which direction? It was found probably seventy-five feet south of the barn door, at the rear of my father's premises. Was it under anything? No, sir, it was lying very close to an old wood shed in the rear of the Hickman property and behind the base-board, which was loose and partly protruded from the barn. Where was the money found with reference to the ax? I should say almost half-way between the barn door and the place where the ax lay. Do you remember who found the money and ax? I do not remember who found either the money or the ax. Was there anything else found that you remember of? No, sir. Well, after you got these things, what did you do? I think they were given to me and I put them in my pocket and brought them in the house and preserved them quite a while. Did you make any examination of the doors or the windows of the house? My recollection is that the parties that were with me in the alley made an examination so far as possible of the doors and windows. We saw no marks of any º that would indicate their having been tampered With. How was the lock on the front door? 52 THE STILL WELL MURDER The lock on the front door is what is commonly known as a night-lock, provided with a key and lock– the key on the outside or inside; provided also was a night key that could be used on the outside. How was the door to your father's room fastened? The door of my father's room was provided with a brass mortised lock. Do you know whether there was any bolt on that door or not? I think there was. Which door was that—the one entering the hall? Yes, sir. What other doors were there leading into your father's room? There was a door leading to the room adjoining on the east. There was also a door leading from my father's room to the room adjoining on the north, and another leading into a bath-room on the west. Did you examine the room in which your father's body was found? Yes, sir, I examined it as well as I could in the time I was there; possibly was too much excited to have entered into details with reference to it. Where was your father's clothing that he wore? As well as I remember his clothing was on a chair just south of his bed, and his pants belonging to that suit were found on the floor at the foot of his bed. State how your father was lying when you saw him, in detail. He was lying, as well as I could describe it, in the attitude of prayer, on the north side of his bed, with his knees almost touching the floor, with one arm extending around his head, and the other arm hanging down by his side. Did you find any wound on him? I saw the wound where the ax had struck him. How was his head laying with reference to that wound? My recollection is that the wound in his head was exposed to view. My recollection also is that the blood THE STILL WELL MURDER 53 on his side was congealed. He looked as though he had lain in the blood and afterwards either been pulled around or fluttered himself around. I think the indi- cations are that he had been pulled around to the position that he occupied. Did you notice how his feet rested on the floor? I do not remember just how they rested. I do not think his knees were resting on the floor. I think the weight of the body was so as to prevent his knees touching the floor. Where was the blood on the bed? The blood on the bed was in the lower part of the bed, where he lay; the blood seemed to have run almost down to his feet. Where from P The head—almost to the head. Did you observe any indentation on the pillow or bed; if so, what part? I think I observed an indentation of the bolster and pillow where he was lying. My recollection is there was some blood either on the bolster or pillow, probably the bolster. With reference to the center of the bed where was this indentation? I think it was near the center. What indication, if any, was there of the blood having run down towards the foot of the bed? I do not understand the question exactly. Now state where the blood had run from, and to what point? The blood, as I remember, had run from the bolster to where my father's feet would have extended if outstretched. Where did you find the congealed blood that you speak off The congealed blood was on the bed. Was it all congealed? I think all the blood was congealed. Do you remember whether the blood had soaked through any part of the bedding? 54 THE STILL WELL MURDER I did not examine the mattress. I suppose, as a matter of fact, it did. Did you observe any blood on your father? I did. Just detail if it ran over the body at all. My recollection is that the blood extended almost to his feet on one side of his body. Do you remember which side that was? I cannot say positively. How did it seem to have run down on the sheet from the wound? It seemed to have flowed from the bolster towards the foot of the bed. Underneath him and between him and the sheet. Between him and the sheet? Yes, sir. Do you remember who was in the room while you were there? I do not. What did you do after having made the examina- tion? My recollection is I sat down and talked with the party who made the examination with me. Do you remember to have looked at your father's face at the time you first saw him? I could only see his side face. Do you know whether his eyes were shut or opened? I could not see; they were obstructed from view. Did you afterwards see him? I did not. Who was the undertaker who took charge of the body? Mr. S. J. Miller. What became of the bed upon which your father was killed? So far as I know the bed and mattress were put in the barn at the rear of the house. I think they remained there for some time after he was killed, possibly as long as a year. THE STILL WELL MURDER 55. ~ How long after you arrived there was it before the bed and bedding were taken down? My recollection is that the bed and bedding were not removed out of the room until near breakfast time in the morning. Do you know what time the undertaker arrived? I do not. Or the coroner? I do not. Do you know whether or not there was any of the family plate or silverware of the family in that room on that night? I think there was. Was it disturbed? It was lying on the mantel. It was undisturbed. In your examination of the premises did you find any burned matches? I found quite a number at the door in the lower hall leading into the dining-room, and from there on out towards the rear of the premises. These matches were well burned. They looked to be matches that were used in the house and parlor. They impressed me with the idea that some one had used them at that particular place to light the way, for possibly a second party was upstairs and committed the murder. At what door were these matches found with reference to the door entering your father's room? At a door down stairs almost directly underneath a door that leads from my father's room into the front hall. Into what room did that door enter? Into the dining-room and from that door straight out from the house, through the kitchen into the back yard and through the wood shed. A man to have passed out of the house from where the matches lay would have simply to have walked through the diming- room and through the kitchen. There were also a few matches burned at the cellar door, which goes from the inside of the house down into the cellar. These matches were found on the cellar side of the door, 356 THE STILL WELL MURDER which looked to me as though possibly some one might have gone down in the cellar from the outside door, and possibly tried to have obtained an entrance to the house from the cellar door. Did you find any matches in the lower hallway? Not that I remember of. The matches seemed to have been in one place. Do you remember or not whether there was any on the stairway leading up? I do not remember to have seen any there. Do you remember to have seen any in the wood shed? My recollection is that there were some burned matches in the barn, used possibly for some one to find the ax. Did you see your mother that night, or Mrs. Stillwell? Yes, sir. Did you have any talk with her? I did not. Where was she when you saw her? Lying in the room north of my father's bed-room on a lounge, possibly Dr. Hearne and one or two ladies sitting around her. Whose room was that? The room was commonly known as Mollie Still- well's room—my father's daughter and half-sister of mine. Was she at home that night? She was not. Do you know where she was? She was visiting in Quincy. Did you see any of your father's children? I did not. Or the servants? I saw the servants of the house after the murder. HDo not remember how long after. How frequently did you see Dr. H. that morning after you got there? - I think Dr. Hearne remained there constantly until breakfast time. | -| ſ | 58 THE STILL WELL MURDER Where was he? He was at or near the lounge where my father's wife was lying. In whose charge was your mother, practically? In charge of Dr. Hearne. Did you have any talk with Dr. Hearne? I do not remember to have done so. During the morning, you mean? Yes, sir, about the time of my father's murder. Do you remember where your father was laid out— in what room? I think his body was washed off in the bed-room where he was killed. My recollection is that he was afterwards brought down into the parlor, on the first floor and in the front of the house. Where he lay until he was buried? Yes, sir. Do you remember what day he was buried on? My recollection is he was buried on the last day of December of the year 1888. What time did you return to your own home from your father's house the morning of the murder? Think I returned about 6 o'clock. From second thought do not believe I ate any breakfast that morning. There was quite a general excitement, was there not? Yes, sir. Were you frequently at your father's house between the time of the murder and when he was buried? Yes, sir; I was. Where was Mrs. Stillwell during that time? I think she spent most of the time in the front room of the house, on the second floor just west of my father’s bed-room. Was it Mollie’s room? It was not. Mollie's was west of that, was it not? It was north. Who was with her most frequently, if anyone, during that time? I think Dr. Hearne was with her almost constantly. THE STILL WELL MURDER 59. Did you see her yourself? I did. Very frequently? Well, very frequently. I cannot say how often. Who was there when you saw her? My recollection is that there was always present one or two ladies. When you saw her? Yes, sir. Was there any one else except the ladies? I think not, as well as I can remember. Dr. Hearne's intentions were to keep the room as quiet as possible. During the morning of the murder, who, if any one, was constantly in attendance upon Mrs. Stillwell— what physician, if any? Dr. Hearne was the only one I saw. Where was your mother during the funeral services of the body of your fatther? She was in the front room on the second floor of my father's residence. Who was with her, if any one? My recollection is that Dr. Hearne and possibly Mollie; probably one or two other ladies. Do you remember whether or not she attended or went to the cemetery? I think she did not. I mean at the time your father was buried? She did not. What, if anything, did Mrs. Fannie Stillwell do hºtly after the burial of your father? Where did she go: Possibly a week or two after my father was killed she went to Battle Creek, Mich. I think Dr. Hearne went with her. Do you remember who else went with her? My brother and my wife also. How long did she stay there? Cannot say; probably several months. Do you know who brought her back? I think Dr. Hearne was there several times during 60 THE STILL WELL MURDER her stay, and I believe he either met her on the way back or possibly went to Battle Creek for her. Do you remember a publication giving the details of the murder of your father in the Chicago Herald? I cannot say positively about the name of specific newspapers; quite a number have gone into detail about the matter. I think, however, I have seen it in the Chicago Herald. Now, with reference to that first publication, do you know whether or not Dr. Hearne left here and went to Battle Creek, Mich.” I think he went directly there. (Objected to as leading.) On the return of your mother to Hannibal, where did she reside? At her residence on Fifth street, where my father was killed. Who, if any one, was a visitor or constant visitor at the house? Do you know? Dr. Hearne was a frequent visitor at the house. Many ladies also frequently visited the house. Did you see Dr. Hearne and Mrs. Fannie C. Still- well together in such a way as to observe the conduct of either? - (Objected to as leading.) I saw them frequently together. What was Dr. Hearne's conduct toward her? What did it indicate? (Objected to as leading.) My impressions of his conduct toward her were that his movements, his language and his touch were as gentle and affectionate as they could be. When did you first make this observation, Mr. Stillwell? Within a day or two after my father was killed. What did it cause you to do, if anything? Dr. Hearne's conduct and conditions caused me to write a letter to Mrs. Stillwell, in Battle Creek, and advise her that if she was not aware of Dr. Hearne's devotions and attentions to her, or if he had not already proposed to her, my belief was that he soon would, and THE STILL WELL MURDER 61 that unless she stopped her attentions to him or com- pelled him to keep away from her, or in other words, if she should accept a proposition of marriage from him, which I could see was inevitable, my opinion was she could no longer associate with respectable people in this community, or be looked upon with respect in Hannibal. What effect, if any, did that letter have on Mrs. Fannie C. Stillwell? - My impression is that she wrote back and told me that I was mistaken in my judgment about Dr. Hearne, that he was naturally kind and sympathetic; and she believed his attentions and actions were natural—that is, they would have been the same to any other woman. How long was this letter written after the death of your father? Would say probably two months. Now with reference to that time, how long prior had you observed this relationship existing between them? I had observed it from the start, commencing with my father's murder. Did your letter affect or in any way break off the relationship? No, sir; it did not. How long did it continue after that? It continued until they were married. What was the date of the marriage? Probably in December, 1889. Had you any information or knowledge of any relationship existing between Dr. Hearne and Mrs. Fannie C. Stillwell, the wife of your father, prior to the death of your father? (Objected to as leading.) I had not. Have you since learned of anything of that kind? (Objected to as leading.) Yes, sir; I have. What is the general nature of that knowledge and information? What is the conduct? I have learned within the past two weeks that Dr. Hearne and my father's wife were, before my father's, 62 THE STILLWELL MURDER death, in love with each other. Their actions and conduct on one occasion caused my father's wife to be alarmed at the situation that existed between the two, and that she in some way tried to break off this relationship and persuaded one or two persons to have a talk with Dr. Hearne, and induce him to quit exercising his influence over her—to induce him to stop his visits to her; and that Dr. Hearne at that time told that party who had interfered in the matter that he was not willing to stop his devotions to my father's wife; that he did not consider my father a fit companion for her; that he intended to use his influence to bring about a divorce between my father's wife and my father; that on one occasion he made a remark to the party who had talked with him that he could hire a man to slug my father for a very small sum. I also have learned lately, which I never knew before, that Dr. Hearne was too intimate with my father's wife before my father was killed. I have learned on one occasion, while my father was in St. Louis, that Dr. Hearne was in my father's house one night when he returned suddenly and unex- pectedly; that Dr. Hearne was in the house when my father walked in the door; my father passed him in the hallway upstairs without my father's knowledge, and after my father went into his room and locked his door Dr. Hearne slipped out of the house and went home. I have also learned that he was cautioned in his actions touching this matter, and replied that if he had met my father in the hall that night he would have shot him dead on the spot. He also made a remark that he had a revolver with him. The party with whom he had this conversation made the remark to him that he would some day be found out in his tricks with my father's wife, and he replied that doctors and ministers were never suspected. I desire to state that prior to this knowledge I believed they were innocent of the crime—that they were not too intimate with each other, and that the suspicious circumstances which connected them with the crime of my father's murder were excluded from my mind; but these statements have changed my mind with reference to the murder. THE STILL WELL MURDER 63 Have you read the daily press of Hannibal con- taining accounts of the murder of your father during the last eight years? I have read many of them. And also the press of the eastern cities, Chicago and St. Louis, containing such accounts? I have. Have these publications been frequent since the death of your father? They have. In a general way whose names were connected or associated with the murder of your father? Among the names I will mention I think those of Dr. Hearne and his wife. Whose name or names, if any, are by general repute among the people of Hannibal connected and associated with the murder of your father? I have not heard any names associated with it, with the exception of Dr. Hearne and his wife by inference. How long have such rumors or repute been prevalent among the people? Possibly six years. “I desire to state one thing that I omitted,” said Mr. Stillwell. “I have been told that Mr. R. E. Anderson, an attorney of this city, and now the attorney for the plaintiff in this case, knew from time to time and that both my father's wife and Dr. Hearne consulted with him from day to day.” Here Mr. Mahan suggested to the witness that it was unnecessary to give his opinion. The witness hesitated for a few moments when he was asked by Mr. Mahan if he had anything further to say. “Nothing,” he suggested, “unless I am permitted to proceed as I started.” Mr. Mahan then suggested that he could do so, as he had no special objection to urge. The witness continued: “It is my belief, from what I have heard, that Mr. Anderson knew they were intimate; that they talked together and consulted him about the plan to get my father out of the way or obtain a divorce, with alimony; that Mr. Anderson 64 THE STILL WELL MURDER advised them that he could obtain a divorce, and rather urged them to this procedure.” Here Judge Hendrick suggested that this testi- mony had developed a new matter, and asked that an adjournment be agreed upon until 9 o'clock this morn- ing. Such action was agreed to by M1, Mahan. When the investigation begins again this morning, the cross- examination of R. H. Stillwell will be begun. CROSS-EXAMINATION OF R. H. STILL WELL R. H. Stillwell was the first witness on the stand on cross-examination. Before the witness began testi- fying, Judge Hendrick, Dr. Hearne's attorney, wanted to know of Judge Harrison if he issued subpoenaes in the case. “I do,” was the reply. “Then I want a subpoenae for R. H. Stillwell. I learn that he is going to light out this evening,” said Judge Hendrick. “What do you mean by 'light out'?” asked Mr. Mahan, who suggested that Mr. S. was merely going to leave the city on business. Judge Hendrick then said: This is a witness who came out of his way to bring evidence irrelevant in this case. All the evidence introduced in this case bearing on the murder of Amos J. Stillwell is irrelevant and immaterial. The answer of the defendant denies that they made any such charge. The witness in his evidence of yesterday, partly in response to the ques- tions which were asked him and partly of his own volition, came forward and made statements which are positively blasting, not only to the reputation of the plaintiff in this case, but also to a certain citizen who is not a party to this action and an attorney in this city. The newspapers state that the wife of Dr. Hearne is on her way here and will probably arrive here this evening or in the morning, and it is nothing more than right that the witness should be confronted and com- pelled to renew his statements. We enter upon the cross-examination with the understanding that we THE STILLWELL MURDER 65 proceed to a certain point and shall ask the witness to appear on Tuesday or Wednesday of next week. If not, I want him subpoenaed as a witness in behalf of plaintiff. Judge Harrison stated that the matter would be taken under advisement and passed upon later, and the deposition of Mr. S. was proceeded with. Mr. Mahan, on direct examination, first became the questioner as follows: Have the grand juries ever investigated the murder of Amos J. Stillwell? Yes, sir; they have. How frequently, to your knowledge? Should say five or six times, by five or six different grand juries. During what period of time? During the past six years. Now, if I am permitted to do so, Mr. Hendrick, I would like to state that I have been accused by ninety- five per cent of this community of having done all within my power to suppress any conviction, or bringing to light this crime for a period of five or six years. I believed firmly in the innocence of both Dr. Hearne and his wife, and I so asserted myself boldly on many occasions. I simply stated yesterday that these devel- opments brought to mind within the past two weeks have changed my mind about the matter, and I want the public to know it. I do not say they are guilty of the crime, but these circumstances which have been brought before my mind had changed it. ‘How long will you probably be gone, Mr. S. * asked Judge Hendrick. I could not say. By Judge Hendrick: Where were you on the night of December 28, 1888? My recollection is I went to an entertainment at the opera-house, that I returned home about 11 o'clock, that my wife and I both took a bath and it was possibly 12 before we got to bed. Do you know how much money your father had on his person that night? I think I do. 66 THE STILL WELL MURDER About how much? I should say about $35 in paper and about $35 in silver. How much money was found after the murder? Should say possibly all the paper money and a dollar or so in silver. Did you count the money after it was found? Yes, sir. Cannot state exactly how much paper money was found? I cannot without referring to the record. You are also sure there was $35 of it? I am pretty positive on that subject. Believe it is correct. When you first noticed the bed and bedding in which he was sleeping that night, what was the condi- tion of the bedclothes? They were bloody and were twisted underneath my father's body and indicated that he was either pulled around in bed or that in his struggles he fluttered or kicked himself around. You refer now to the bed covering which was under him? I mean the sheet upon which he lay. I refer to the bed covering with which he was covered, if any, on that night. When I saw him there were no covers on him. They had, I think, been thrown back. Whether they were touched or not before I saw them I could not say. Did you examine them to see if there was any blood on them? Not that I remember of. Can you say whether they were bloody or not? I cannot. You say the bed and bedding were removed—do you know under whose direction? I cannot state. Have you not in your testimony, either before the coroner's jury or grand jury, stated that you ordered the bed and bedding to be removed and the room cleaned up? THE STILL WELL MURDER 67 (Obected to by Mr. Mahan as leading, on the ground that the grand jury proceedings are made secret by law.) Do you know where you were? I do not. Did you, as a matter of fact, order the bed and bedding removed from the room? I may have done so, but do not remember at this moment. It may be likely that after the room had been straightened up and my father's body removed from the room or the side of the bed, I directed one of the servants or colored people around the house to take the bed out of the room. Very likely I did so, but have no recollection of it. Did you have the body removed? Not that I remember of. You were present all the time? I was. It is more than likely that I called the coroner and asked him to take charge of the body. I remember very distinctly in my own mind that neither I nor any one present took any precaution to preserve the room in the condition in which it was found. I have thought a thousand times that it was a fatal mis- take. It is the one regret that I have ever since had— that such was not done. Is it not a fact that you picked up your father's pants at the foot of the bed? I could not say. Likely I did. - That Dr. Hearne cautioned you about them? I have answered that question as well as I could. Do you know Mr. Charles Clayton? I do. Do you remember seeing him there that morning? I do not remember of seeing him. Do you remember of being with him and Dr. Hearne in the front hall on the first floor? I do not. Do you remember a conversation that he had with Dr. Hearne on that occasion about removing the body down stairs? I do not. 68 THE STILL WELL MURDER Did you hear Dr. Hearne tell him in reference to that matter that if the body remained upstairs it possibly would not have kept? I did not. if there had not been any such conversation there between him and Dr. Hearne, do you think you would have remembered it? I do not think I would have done so, because I was too much excited at the time to allow any trifling inci- dent to be impressed upon my memory. The horror of the murder throws from my mind every detail. You testified on yesterday that when you saw your father's wife that night that she seemed always to be in charge of Dr. Hearne. Was not Dr. Hearne her physician? Dr. Hearne was often called to my father's house to attend in cases of sickness, which were very seldom. I might state in this connection that my father was a man who was opposed to the use of medicine in any shape or form; that he was opposed to the employment of any doctor; but his wife was rather inclined to employ a physician; and on many occasions I have heard my father say to her that he had no faith in the world in medicine, but if she insisted on having a medical doctor to send and get one. Your father was a very strong man, was he? Comparatively so. And his wife rather a frail, delicate woman? Yes, sir. Had not his wife had hysteria for some years before the murder? She had. Such required the attendance of a physician? Yes, sir. You spoke of the extreme attention shown your father's wife by Dr. Hearne that night. Was there any- thing more than an excellent physician of keen sensi- bilities would have shown? Did you remark it that night? I saw nothing in Dr. Hearne's conduct that night that would have me to remark it. I do not know that THE STILL WELL MURDER 69 he did anything that was in any way unbecoming a physician. Were there not women with her all that time? There were. I would, in this connection, like to state in Mrs. Hearne's favor that Mrs. Hearne was subject to these spells of unconsciousness which she frequently had, and I often saw her have them before my father's murder and after my father's murder; and I firmly believe in my own mind that she talked at random when in these spells; that she is liable to talk on one subject as another; that I have heard her speak injuriously and in uncomplimentary terms to parties who were attending her while she was in those spells. I have known her to have spells when my father's mur- der was foremost in her mind, and have never heard her say anything that would indicate that she knew anything at all. What was her condition that night? She was seized immediately after she alarmed the neighbors with one of those spells. How long did she remain in it? I would say possibly from five to eight hours. I think she talked at random while she was in that spell that night, and apparently not knowing what she said, having no control of her voice at all. I think she made the remark that her husband had been killed, and that she could see the form of a man with a slouch hat on standing at the foot of the bed. I have heard her make that remark while unconscious and possessed of these spells, and it all goes to indicate to my mind that she was innocent of the crime. Do you not believe she is innocent? I cannot state that. - h Had she and your father had any trouble before that: She and my father, while I lived at my father's house, got along, so far as I know, well together. There were no more controversies or disputes than there would have been in any ordinary family. She was inclined to be extravagant, and I very often heard my father censure her for her extravagance. 70 THE STILL WELL MURDER They had a delightful home, did they not? Yes, sir. Well furnished with all the luxuries and necessaries of life? Yes, sir. You stated that a week or two after the murder she went to a Battle Creek sanitarium, and Dr. Hearne went with her, I believe? I think I stated that fact. State your opinion as to whether her physical condition was such that she needed a physician on that trip. I think it was. Was there anything remarkable in her taking Dr. Hearne on that trip? Nothing remarkable that I can think of. Where was she when you wrote the letter to her stating that if she wanted to be respected in this com- munity by respectable people that she ought to get rid of Dr. Hearne? I did not state that she ought to get rid of Dr. Hearne. What did you say? I don’t remember just what I did say. Where was she when you wrote that letter? In Battle Creek, Michigan. Had been there from the time she went there? Yes, sir. - How could you, then, be cognizant of any affec- tionate attention which the doctor was showing her? The actions of Dr. Hearne prior to the time she went to Battle Creek; the sensational reports in the newspapers and by comment, all had their weight with me to write the letter to her. Well, didn't you know that from the night of your father's murder the newspapers of this place and some other places have hounded Dr. Hearne and his wife? I believe for a period of some time after my father's murder that neither Dr. Hearne nor his wife were sus- pected of the crime. THE STILL WELL MURDER 71 But what were the remarks in the newspapers then? They were remarks that were made after the rumor became current. Well, but you say you wrote this letter on account of the scandal and remarks of the newspapers? Yes, sir. What were these remarks? I cannot say what the remarks were now. They were remarks that implicated either Dr. Hearne or his wife in connection with this crime. Then there were no remarks about the undue familiarity between Dr. Hearne and your father's wife? I think the remarks were of that nature frequently and became newspaper comment. Don't you remember that immediately after your father's death his wife's father came on here? I do. And lived in the house with her until she started to Battle Creek. Possibly he remained that long. , Mrs. Stillwell had servants in the house? - She did. How old was her daughter Mollie at that time? About thirteen or fourteen years. Well, when you saw Dr. Hearne and Mrs. Stillwell frequently together, in what way did they manifest their pleasure in each other's society before they went to Battle Creek? There were many ways in which the actions of both indicated to my mind that a fondness existed between them. Was she too sick to manifest fondness for anybody? No, sir. Was she confined to her room? She was not sick except when seized with one of those spells of epilepsy. Apparently after they had left, her mind was as clear as ever and her taſk was as Sangulne as ever. Did you sign your name to the letter you wrote to her? 72 THE STILL WELL MURDER I did. Did some one ever offer a reward for the arrest and conviction of the murderers? I was administrator of my father's estate and offered a reward of $10,000 for the arrest and conviction of the murderer. I stated in that reward that my impressions were that the crime had been committed by two people. I signed that reward as administrator of my father's estate. I made that reward in good faith, and I believe in my own mind that it could have been paid out of the funds of the estate. I felt in my mind that after a final settlement of the estate that the reward was void. Again, a short time ago, possibly within a year, had a talk with one Mr. Clarke with reference to this reward and I think the conversation was such as to lead Mr. Clarke to believe me responsible, knowing I had offered a reward personally for the same amount, $10,000, and after this, sensational develop- ments brought to my mind within the past two weeks, I was induced to write Mr. Clarke a letter, addressed to Chicago, saying to him that I withdrew any reward which I had formerly made for the arrest and conviction of my father's murderer. My reasons for having with- drawn the reward are these: I was advised by my attor- ney that I had a right to withdraw the reward. I was further advised by him that if by any possibility the case of my father's murder should be brought to trial and a reward of $10,000 outstanding for the conviction of the guilty parties, that it would have a tremendous weight with the jury in the manner of influencing witnesses to falsely testify in gaining the reward, and if the case ever went to trial my intention was to have the trial free and unrestricted, uninfluenced by any amount of money in expectation. When you offered the reward of $10,000 of your father's estate, did you do so after consultation and advice with your father's wife? My recollection is that she acquiesced or consented to the offer of that reward. I do not think she hesi- tated or objected to the fact of the offer. You stated that your father's wife did not go to THE STILLWELL MURDER 73 the cemetery at the time of the funeral. Who remained with her? I do not know. Do you know whether Mollie went to the funeral? I do not remember. What was the reason that she did not go to the funeral? I do not think that she was in a proper condition to go. It is possible that I advised her myself not to go. How did you become possessed of the information you gave yesterday in regard to the criminal conduct of Dr. Hearne and your father's wife? I prefer not to answer that question, but if under rulings I am compelled to do so I would be pleased to have these newspaper people report this as I state it. “We are perfectly willing for you to refrain from answering that,” said Judge Hendrick, “if you will notify me or Dr. Hearne.” - Mr. Mahan: We prefer to have the question answered. It is his duty to answer. Judge Hendrick: Are you willing to that? Mr. Stillwell: Do I understand that the notary rules that the question must be answered Judge Harrison: I certainly do rule that the questions have to be answered, provided they will lead to any criminal prosecution on your part. Mr. Stillwell: Do I understand you that it will lead to criminal prosecution on my part? Judge Hendrick: We will let that question remain pending for the time being. I believe you stated that there were two persons who gave you the information? Mr. Stillwell: Think I could truthfully state that portions of that information came from three different SO111 CeS. Have you had any talk with Mr. A. L. Clarke? Have had some talk with him about it. Did you tell him this information? The information was told to Mr. Clarke in this way: Mr. Mahan and Mr. Clarke had a conversation with me the night before I was put on the stand and 74 THE STILL WELL MURDER in questioning me I indicated to them or told them about what I knew. As you stated yesterday afternoon? My recollection is that I gave them one source from which I gathered the information. And yet you are, after having given your testimony reflecting so seriously on the former wife of your father, unwilling to give me the name of your informants. I was not asked on the stand yesterday. I know, but you were by me in a private conversa- tion. Mr. Mahan : It is on the witness stand and I sup- pose it will be necessary, as he insists on your answer. Mr. Stillwell: I only suggested to him. Judge Hendrick: And you were unwilling yester- day afternoon, after giving your testimony, to give me the same source? Quite a colloquy ensued between those assembled, and Judge H. finally said: I ask the names of your three informants. Witness: Do I understand that the notary rules that I must answer that question? Judge Harrison: Provided it does not lead to any criminal prosecution on your part. Witness: Part of this information was gathered from Mr. C. P. Heywood, part of it from Mrs. John Hayward, part of it probably from W. A. Munger. What did Mr. C. P. Heywood tell you? He told me substantially about all that I told yes- terday. Witness here paused and was admonished by Judge Hendrick to go ahead. Witness: Well, it's only natural for a person— Judge Hendrick: Well, just repeat what he told O11. y Well, won’t the statement I made yesterday— Judge Hendrick: You mean that he told you all of the testimony that you gave yesterday in regard to the criminal conduct of Dr. Hearne and your father's wife? I cannot state that he told me all—he told me some portions of it. He knows it all—has known it for some time. -BLADED AX THE TWO 76 THE STILL WELL MURDER What party told you that Dr. Hearne said he could have a man slug your father? Mrs. John Hayward, in Chicago, made that state- ment to me. That is, Mrs. Susie Hayward. Mrs. Susie Hayward made the statement to me as having been told to her by Dr. Hearne. She also told me in about the same connection that Dr. Hearne told her in connection with the same conversation about meeting and having passed my father in the hall when in my father's resi- dence. She told him that if he had shot my father that night he would have been hung for the murder. Dr. Hearne replied that if he had shot my father the people in town would have thought that he had been killed by a burglar. What kind of a woman is Mrs. Hayward? So far as I know, her reputation is above reproach. Her statements are as truthful as any in this community. Mrs. Hayward also told me in this connection that Mrs. Stillwell was completely in the power and under the control of Dr. Hearne; that just before my father's death, he could do anything in the world with her. How did he do it? I don’t know. Did she say how? She did not. Where is Mrs. Hayward living? Further than Chicago I can't say. Why can't you? I don’t know. Did you see her there? I did. Where did you see her? At the Palmer House in Chicago. How did you happen to see her? How did you get her? I got to see her through the influence of a gentle- man and his wife who formerly lived here and are now spending awhile in Chicago. What are their names? Mr. and Mrs. C. P. Heywood—or rather Mr. C. P. Heywood THE STILL WELL MURDER 77 That is one of the parties from whom you received your information? No, sir; that was Heywood. Where do they live? Do not live in Chicago, but are visiting there. Where are they residing: I think at times they travel with a theatrical troupe; their present address is 4747 Kimbark avenue. How did you first learn that Mrs. Hayward knew anything about this matter? A short time after my father was killed I surmised in my own mind that Mrs. Hayward, if anybody could, could throw more light on the subject than any person. I visited in Chicago either once or twice for no other reason than to interview her on this subject. Well, did you find her? Have never been able by my own efforts to induce her to talk freely on the subject; in fact, she has told me nothing until recently. While Mr. and Mrs. C. P. Heywood and Mrs. McKnight were visiting in Han- nibal, about a month ago, I induced these people to go to see Mrs. Hayward in Chicago and prevail upon her and insist that she tell what she knew with reference to this crime. They promised to do so, and as a result of either one or all three of these people, Mrs. Hayward was finally induced to make the statement in my pres- ence. Mr. C. P. Heywood was present when she made the statement; Mr. W. H. Haines, whom she called her attorney and adviser, that’s all. Did Mrs. Susie Hayward claim to be intimately acquainted with Dr. Hearne and his wife? I do not know what you mean by intimately acquainted. Well, know them very well? She knew Dr. Hearne well. She lived here a great many years while Dr. Hearne resided here. Is she a married woman? Yes, sir. Where is her husband 2 Lives in Tennessee—she in Chicago. Are they divorced? 78 THE STILL WELL MURDER I think not. - What does she do for a living? Think she teaches school; am told also that her husband assists in her support. Did Mr. C. P. Haywood tell you that he had learned these things from Dr. Hearne in conversation with him—these things that you testified to yesterday? No, sir. | \ Well, how did you learn from him—what did he tell you? He stated that they were facts which he knew. And didn't give you his source of information? He didn't give me his source of information, but I inferred that they were facts which he had gathered during his association and conversations with Mrs. Hayward. | Did Mrs. Hayward tell you why she had been so long in revealing these facts? Yes, sir. What reasons? She says that on one occasion she indicated to Dr. Hearne that these facts were so worrying her that she stated to Dr. Hearne, “Suppose I should tell Mr. Still- well of the relations existing between you and his wife?” Dr. Hearne said: “Mrs. Hayward, if you should, I would kill you.” That fear of Dr. Hearne possibly deterred her, in connection with her former love of my father's wife, from even making any statement in con- nection with the murder of my father. Did she say these were the reasons? She said these were the reasons? No, I cannot say that she said these were the reasons, but they are my inference and impression gathered from the manner in which she made the state- ment. I feel confident in my own mind that Mrs. Hay- ward, prior to my father's murder, was a very intimate friend of my father's wife. I know that her knowledge of Dr. Hearne's intimacy with my father's wife caused her to avoid and afterwards treat her coolly and grad- ually break away and sever herself from that friendship. Did Mr. W. A. Munger tell you that he knew of THE STILL WELL MURDER 79 his own knowledge of these facts or that somebody had told him? He told me that he had heard them. From Mrs. Hayward? He did not say that he had heard them from Mrs. Hayward. He did not tell you from whom he did hear them? My recollection is that he said he had heard differ- ent statements from different people, in the aggregate amounting to about what I have said. Judge Hendrick: Yes? When can you promise to be here, Mr. Stillwell? I cannot answer that question. I have some bus- iness that calls me away from the city and just how long— Will it be two or three days? I cannot say about that. I know exactly Mr. Hendrick, what you are trying to confront me with, and I wish to say that I am trying to avoid it. Judge Hendrick: We do not care about any statement of that again. It is digressive. Addressing Judge Harrison, Judge Hendrick said: Your Honor, have you prepared the subpoenae for Mr. Stillwell? Judge Harrison: I have, sir, with the exception of the date. Judge Hendrick: Monday, I think, unless Mr. Stillwell can tell us that he will be here Tuesday or Wednesday. We are willing to make an extension of two or three days for him. Judge Harrison: The witness is here now. Judge Hendrick: I would like to have the sub- poenae served on him for next Monday. Dr. Hearne wants the witness to make a statement. Let Mr. Still- well make his statement why he does not wish to meet Mrs. Hearne. Judge Harrison: Proceed, Mr. Stillwell. Mr. Stillwell: Whilst the facts and circumstances which I have stated are true to the best of my knowl- edge, I believe I would prefer to have my cross-examin- ation continued now than to postpone it later, when, by inference, I presume, she would be present, which 80 THE STILL WELL MURDER presence seems to me a circumstance calculated to influence me in this statement. The witness was excused at this juncture, but was later subpoenaed to appear at 9 o'clock Monday morn- ing on the part of the plaintiff. MORE SENSATIONAL STATEMENTS Mrs. R. H. Stillwell Testifies in the Noted Hearne-DeYoung Case Mrs. Stillwell, wife of R. H. Stillwell, testified as follows: What is your name? Lulu Voorhis Stillwell. Are you the wife of R. H. Stillwell? I am. - May I be allowed to ask your age? Thirty-four my next birthday, the 16th of Septem- per. Where do you reside? IOI8 Bird street. When were you married? The 28th of April, 1886. Where did you live in December, 1888? On West Bird street. In the city of Hannibal? Yes, sir. State whether or not you or your husband, Richard Stillwell, obtained any information that had you to visit the home of Amos J. Stillwell on the night of December 28, 1888, or the morning of the 29th Yes, sir. What relation was Amos J. Stillwell to your hus- band 2 Father to my husband. He lived on Fifth street, in the city of Hannibal, at that time? He did. What was the nature of the information that you had 2 THE STILL WELL MURDER 81 A message sent by Mr. Will League to my hus- band that his father had been murdered. Delivered to Mr. Richard Stillwell? Yes, sir. Do you know about what time that was? Between half past one and two. Where were you and your husband at that time? At the time I heard the ringing of the telephone we were in bed. After getting the message, what did you and Richard Stillwell do? Did you get up and dress and prepare to go? I immediately got up, but I insisted on my husband lying down for a few minutes. We got up and started down. To the home? . .3 After informing my family. - Now, what time did you arrive at the residence of Amos J. Stillwell? Well, I do not think it was more than half an hour after we received the news. We hastily dressed and walked down some time after 2 in the morning. Was it some time after 22 Not before 2. Well, Mrs. Stillwell, how did you enter the resi- dence—through the front door? Yes, sir. After you got into the hall, where did you go and what did you do? I preceded my husband up the steps and asked him. to wait till I went to see the condition of things. You went from the hall to the upper floor? Yes, sir. When I reached the landing, I saw Mr. Amos Stillwell in the position he was found, and I told my husband to wait till I could close the door leading into the room where Mr. Stillwell lay. Then I went into the room occupied by Mrs. Stillwell to the right. Did you find Mrs. Stillwell in that room? Yes, sir. Who else was in the room? As far as I recollect Mrs. Gleason and Mrs. Allen 82 THE STILL WELL MURDER —there may have been others. They were there I know. Then what did you do, Mrs. Stillwell, after that; do you remember? - Not distinctly. I do not remember what I did. I went to see what Mrs. Stillwell needed. Saw that she was well attended to. Was there any one in charge of Mrs. Stillwell that morning? Not until Dr. Hearne arrived. What time did he arrive? Perhaps fifteen or twenty minutes or one-half an hour after we arrived. We were there some time before he arrived, because we met Mr. Kornder on the way. When you first went into the room where Mrs. Stillwell was, did you go up to the couch where she lay? I think I did. What did she have on? Her night-dress. What kind of a night-dress? A white one. Was it the kind of a night-dress she was in the habit of wearing? No, sir; entirely different. What was the difference? Mrs. Stillwell, to my certain knowledge, had been in the habit of wearing a heavy, untrimmed gown. When I got there she had on a very nice gown—the kind that the majority of ladies wear. How do you know she was in the habit of wearing the heavy, untrimmed gown? - Because I have been there and have heard her remark concerning the gown. Been there previous to that night? Yes, sir. Was there anything about this white gown that attracted your attention that night? - Yes, sir. I thought it looked as though it had not been used very much. That impressed me very forci- bly when I got there that she had her gown changed— that that was not the gown she had slept in. THE STILL WELL MURDER 83 Not the gown that she had slept in No, sir. I thought the ladies had re-arranged her in that dress. How frequently did you see Mrs. Stillwell that night—how continuously? I cannot say. Well, off and on? I was in and out of the room the entire night. Do you remember any of Dr. Hearne's positions in the room—what he was doing? Was he lying on the floor or anything of that sort? After he had administered to Mrs. Stillwell’s wants he professed to be very tired and sleepy and threw him- self on the floor. Where did he lay with reference to the door in the hall: That door enters and faces as you enter the room leading into the room facing west, and Dr. Hearne's face was north and his feet south. How long was Dr. Hearne in that position during the night? I do not remember. Did you observe what was Mrs. Amos J. Stillwell's condition? - Unconscious to all appearances. Of course you did not know whether she was or not, yourself; or did you speak to her or she say any- thing to you by which you could determine whether she was unconscious or not? Did you try to talk to her? Not that night. Now, what time did you leave the house next morning, or did you leave? I did not leave in the morning. You remained there during the day? Yes, sir. Do you know whether or not Dr. Hearne was in attendance upon Mrs. Stillwell that day? I do not remember. Where did you stay the night after the murder? My husband and I occupied the room in which Mr. Stillwell was murdered. 84 THE STLL WELL MURDER Did you see Mrs. Stillwell that night? No, sir; not after she retired. Where did she sleep? In the front bed-room—the room just directly in front of the one in which Mr. Stillwell was murdered. Did you see her next morning? Yes, sir. Where was she? She passed through our room. Was there anything that attracted your attention to her? i I was awake and she spoke to me. What was her general condition then? Very lively and gay. Did she say anything to you? Yes, sir. What did she say? She said she thought my husband and I were very spoony. I remarked that under the circumstances it was anything but the condition of spooning—that we were not feeling at all spoony. - Where did Mrs. Stillwell go as she passed through the room? - Into the servants' room. Did she return back through your room? I presume she did, but don't remember. Did you see her during that day? I was there—yes, I saw her during that day. What, apparently, was the condition of her mind and body during the day? To all appearances, when talking to her family, she was very lively, but not so in the presence of Dr. Hearne. Do you know whether or not Dr. Hearne called during that day? I do not remember. During that night was Dr. Hearne in attendance upon her? I do not know. Where did you stay that night? THE STILL WELL MURDER 85. At the Stillwell residence. We stayed there until she left for Battle Creek. Do you remember the day that Mr. Stillwell was buried? Yes, sir. Were you in attendance? I was. As the people were congregating at the home, where was Mrs. Stillwell? In the front bed-room. From where did the funeral ceremony take place? From the residence. And the corpse was there? In the front parlor, the head of the coffin facing south. - In the front parlor down stairs? Yes, sir. Who was in charge of Mrs. Stillwell, if any one, just prior to and during the ceremony? Dr. Hearne. Who, if any one else, was up in the room where she was? Mrs. Heywood, if I remember. Do you remember any incidents connected with the funeral ceremony just prior to the people coming in? Yes, sir. Well, what was it? I presume that Mrs. Stillwell had expressed a desire to view the remains of her hus- band. Did she come down stairs? Yes, sir. Who accompanied her down stairs? Dr. Hearne. What, if anything, occurred—what did she say or do, if anything? She fainted, I presume, and exclaimed something to the effect that “Amos, my husband, is dead!” As she stood at the coffin, where was Dr. Hearne— was he at the coffin with her? He was there in time to catch her as she fainted. When she fainted did he catch her? Yes, and carried her up stairs. 86 THE STLL WELL MURDER How long was this before the ceremony began— was it about the time? * . . . . It was before. - - During the funeral ortaion was Mrs. Stillwell in the parlor? No, sir; she was upstairs. Who was with her? Dr. Hearne. Did you go to the cemetery? Yes, sir. - Where was Mrs. Stillwell? She was at her home with Dr. Hearne and Mrs. Heywood, and I think Miss Anderson and Mollie. The night after the burial did you stay there? Yes, sir. How long did you remain there then? My husband and I stayed every night until we left for Battle Creek. - What time did you leave for Battle Creek? Mr. Stillwell was buried the first of January; we left on Friday. Who went with you? Mrs. Stillwell and three children, Miss Nellie Lyons, Dr. Hearne and Miss Stillwell. You left here at 5 o'clock on the “Q?” Yes, sir. What, if anything, did you observe in the conduct of Dr. Hearne and Mrs. Stillwell during that trip to Battle Creek? Not so much during that trip as I noticed after we arrived there. Did you notice anything of his attentions? They were very marked in solicitations of her wel- fare. Do you mean as a physician? No, decidedly not. How long did that continue—I mean until you arrived at Battle Creek? We took a sleeper and I do not know what trans- pired while I was asleep. THE STILL WELL MURDER 87. Well, I mean did these attentions keep up until you arrived at the sanitarium at Battle Creek? Yes, sir. What time did you get to Battle Creek? So far as I remember, it was about 2 o'clock in the afternoon. - How did you take rooms there with reference to each other? - We had two rooms opening into each other. Where did Dr. Hearne room? I do not remember whether it was on the same floor or the one above—it was across the hall. Did you observe any conduct of Dr. Hearne and Mrs. Stillwell after you arrived at Battle Creek? State whether his treatment of Mrs. Stillwell was that of an ordinary physician. (Objected to as leading by Judge Hendrick.) Witness answered: I was impressed with an idea that they were rather fond of being alone and locked in a room together. Do you say that they were locked in a room? I certainly do. I went to the door and knocked, and it was locked. - Do you know that Dr. Hearne was in there with Mrs. Stillwell? I knew that they were together, because they unlocked the door to admit me. Was the door locked 2 Yes, sir. How long was that after you arrived there—about, —was that the first, second or third day—do you remember? Well, it was either the first, second or third—do not remember. Do you know how long Dr. Hearne remained dur- ing that time? I think that Dr. Hearne left Battle Creek on Mon- : I am guessing because I am not able to remem- er. During this trip from Hannibal to Battle Creek. $8 j THE STILL WELL MURDER how did Mrs. Stillwell seem to stand it? What was the condition of her health? I thought very good. At Battle Creek, what was the condition of her mind and bodily appearance? I saw so little of Mrs. Stillwell that I couldn't tell. On the 7th of January Mrs. Stillwell went to the hospital which was connected with the sanitarium. - º,” say you think Dr. Hearne left there on the 9th I am not positive. It was after the 7th. Did I understand you to say that Dr. Hearne and Mrs. Stillwell were alone while you were there? Yes, sir. Who went there to be in charge of her? I thought I did. Who was really in charge? Dr. Hearne. (Objected to not as leading, but as pumping.) Now, after Dr. Hearne returned to Hannibal, what time, if at all, did he come back to Battle Creek? He came back about the day following the publishing of an article written by the Chicago Herald containing an account of the murder? Yes, sir. How did you first learn of Dr. Hearne being in Battle Creek? By a note sent me from Dr. Hearne. What was the note about? He wanted to see me without the knowledge of Mollie. What did you do? I saw him. What did Dr. Hearne say? He said that my husband had sent for me. What did he say, if anything, else? He thought he had better be there to keep Mrs. Stillwell from reading that paper. I suggested that I was there for that purpose. What paper did he have reference to? The Chicago paper. THE STILL WELL MURDER 89 Well, do you know what length of time Dr. Hearne stayed there? I do not. Did you see him and Mrs. Stillwell together many times during that visit? Yes, sir. Was there anything peculiar in their conduct? Did their relationship seem to be that as a physician? (Objected to as leading.) Witness answered: No, sir. How much were they together while Dr. Hearne was there? Do you mean the first or second visit? Well, the first and second. The night after Mrs. Stillwell was operated on, Dr. Hearne was with her the entire night. Well, now the second visit; how long did he remain? I do not remember—possibly a day or two days, think only one day. What, if anything, did you hear about anyone coming back to Hannibal? Mrs. Stillwell had arranged to spend the summer in Battle Creek; made arrangements to be there under Dr. Hearne's treatment; she had engaged a nurse to take care of her little boy and a French teacher for her daughter; was to remain there during that summer; but after breakfast, when Dr. Hearne came back, he went over to see Mrs. Stillwell and Mollie, and Mrs. Stillwell emphatically declared that she would come back to Hannibal. Who suggested that she should come back to Hannibal? Dr. Hearne. What time did he see you in the morning? Possibly 7 o'clock in the morning. How do you know that he had been to see Mrs. Stillwell? He told me so. Do you know anything about his leaving for home 90 THE STILL WELL MURDER the last time? Do you know what time he bade you good bye? - Yes, sir; I remember very distinctly. What was said about her and where was she? Mrs. Stillwell was brought from Battle Creek san- itarium and occupied a room just adjoining ours, but not connected by a door at all. I had to meet Mrs. Stillwell that night about half-past 9. I suggested that it was bed-time and that I was going to bed. Dr. Hearne remarked that he would stay with Mrs. Stillwell until train time, and I suggested that I would stay in the room with Mrs. Stillwell. Do you know what time the train left? After mid-night. I slept in the room that night. When you came back to Hannibal, were you fre- quently at the home of Amos J. Stillwell—did you go there? Yes, sir. I do not know how frequently, but I was a visitor there more frequently than before this. Was Dr. Hearne a visitor at that home? I don't know; I presume he was. He was there in the capacity of a physician on one occasion when I was there. He was called to attend the little boy. I was not there when he arrived. Did you observe anything out of the ordinary way between physician and patient existing between Dr. Hearne and Mrs. Stillwell at the house here in Hannibal after they had returned from Battle Creek? Well, upon one occasion I invited Mrs. Stillwell to my house to dinner on Sunday, and for some reason she was not able to eat her dinner. Very soon after dinner she felt too ill to remain and the carriage was sent. Dr. Hearne telephoned for her and she went home, I presume. I presume he met her; I don’t know. You don’t know unless you saw her? No. You were not at the wedding? No, sir. THE STILLWELL MURDER 91 CROSS-EXAMINATION By Judge Hendrick: Mrs. Stillwell, you are the wife of Richard H. Stillwell, I believe you said. Yes, sir. For a long time you have not been friendly with Dr. Hearne and his wife? - I had been very friendly with them until the time of their marriage. Were you friendly with them up to the time of their marriage? I wasn't friendly with Mrs. Stillwell at the time of my marriage to my husband. Why? Because she objected to my marriage. We were married the 28th of April, 1886. You say that Mrs. Stillwell, on the night of the murder, when you arrived there had on a different night-dress from that which she usually wore? Yes, sir. What kind did she usually wear? A partly unbleached night-dress—a plain night- dress without any trimming on it. Well, what kind of a night-dress did she have on this time? A cotton night-dress. In what respect did it differ from the rest? It was very different from the kind which she had been wearing. Did you speak to her about it? No, sir. How did you happen to mention the night-gown? I was asked the question. Have you ever mentioned this to anybody? I don’t know whether I did or not. Did you mention it to Mr. Mahan? I told Mr. Mahan all I know. He had an interview with you about your testi- mony in this case, had he not? I told him what I know. I knew that I was subpoe- naed here and went to him and told him what I know. 92 THE STILL WELL MURDER Did he ask you about the night-gown business? I told him. You told him? Yes, sir. - You have frequently given your testimony in regard to the case? Once only. Where? Before the grand jury. Didn't you give your testimony before the coro- ner's jury? I did not. What was your testimony before the grand jury? (Objected to by Mr. Mahan.) Witness: I took an oath not to divulge what I told to the grand jury. Have you ever given any testimony anywhere about this night-gown business before. Did you before anyone anywhere? I have talked of it, certainly. When did you first mention it to anyone? I don’t remember. It was a circumstance that I noticed at the time I met Mrs. Stillwell. What interpretation did you put upon it? I think that I answered that I thought the ladies had attended to her and re-dressed her. Nothing unusual for a woman to change her night- dress, is it? Not at all; an ordinary circumstance. You noticed that Dr. Hearne was lying on the floor? Yes, sir. Do you know why? He said he was tired and sleepy. But he was also 111. Was there anything remarkable about his lying on the floor? No, sir. Why did you testify to his lying on the floor? Is there anything remarkable about it? I remember distinctly that he was on the floor. THE STILL WELL MURDER 93. You have not been friendly with Dr. Hearne for a long time? Not since the wedding. You don't object to people getting married, do you? Not at all. Well, why should that influence you? Simply because, in my mind, it convinced me of the fact that Dr. Hearne and his wife murdered Mr. Stillwell. How soon after the marriage were you convinced? . Less than a week or just a week. The anniversary of his death was the first fact and the week less than a year at which they married. Mrs. Stillwell, didn't you give a nice, social party on the anniversary of that day? Is there anything more remarkable about that than that the widow should marry within the year? I had not been suspected; she had. Is it not rather a proof of their innocence—that they dared to take this step of marrying? I would not think so. Did not you and other people, here in Hannibal, attempt to have Dr. Hearne and his wife implicated in that murder in some way? Witness: I refuse to answer that question. Mr. Mahan: Oh, yes, answer the question. Witness: I felt that I was with Dr. Hearne and Mrs. Stillwell more and knew probably a little more of them than others. Was it the day of the murder or the day after the murder that Mrs. Stillwell seemed lively and gay? Was it on the 29th or 3oth of December that she seemed lively and gay and made the remark to you and your husband? Have you testified when Mrs. Stillwell came through your room, where yourself and husband were ºping in what way she indicated she was lively and gay! From the remark she made to my husband and me while we were still in bed. Did he hear her speak about your being spoony? 94 THE STILL WELL MURDER Yes, sir. When Dr. Hearne was around did she seem to be sick after reaching Battle Creek? - Well, Judge, when Dr. Hearne was around there was seldom anybody else around. Well, how did that happen? How did they exclude the rest of the world from the room in which they were: Mrs. Stillwell was confined to her room. She was suffering from shock? I think so. You say that she seemed extremely well when he was not there? Well, in what way did she seem when he was there? I believe Mrs. Stillwell was subject to epileptic spasms, or something—I don't know what they are. She was taken with these very often while Dr. Hearne was there. Wasn't she subject to these convulsions while her husband was living? Not often. Didn't the calamity through which she passed have a tendency to increase her illness? Yes, sir. Mrs. Stillwell, hasn't Dr. Hearne been your family physician a portion of the time? Yes, sir. Isn't he a man generally noted for the care and kindness with which he takes care of his patients? I think so. Yes, sir. Did you notice anything different in the care which he gave Mrs. Amos J. Stillwell from that which he usually bestowed upon his other patients? Yes, sir. Well, what, for example? I believe I said they were more fond of being alone than the majority of patients and doctors. That sometimes happens when you are off by the waters or at a sanitarium, doesn't it? I don’t know, sir. You say you went upstairs a time or two and found the doctor and Mrs. Stillwell locked in a room together. THE STILL WELL MURDER 95 How did you know they were in there. If they unlocked the door there could have been no impro- priety going on. Why should they lock it? Judge Hendrick, I don't know. “How often did this happen,” continued the lawyer. On one occasion at Battle Creek and on one occasion after they returned home. Did Dr. Hearne ever have the door of your room locked when he was giving you professional service at your home? Not that I remember of. Mrs. Stillwell, I notice that you have a little paper or memoranda? Yes, do you want to see it? When did you prepare it? I prepared it this morning at my home. I have no objection to your seeing it. Judge Hendrick examined the paper and returned it. You spoke of Dr. Hearne's going back the second time after the publication of an article in the Chicago paper? I don't remember which paper it was. What was the character of that article? Was it one of those delightful tid-bits of scandal? I presume that probably Mr. Birch can tell you all about it. Mr. Mahan: Tell it yourself. Judge Hendrick: Did it refer to the murder of Amos J. Stillwell? Why did Dr. Hearne go back if it didn't? Is that why Dr. Hearne returned—because he was a little uneasy about that paper? I had kept it from Mrs. Stillwell. Wasn't that natural in the doctor as a physician? Well, Judge, I was there. I had taken charge of the children. I think I remarked to the doctor that— Yes, but the doctor might have supposed that you would not know what the effect would be upon Mrs. Stillwell of reading an article like that. Is that not so? Didn't she finally see the article? 96 THE STILL WELL MURDER I suppose she did. You spoke of one time there when Dr. Hearne was with her the entire night. Was that at Battle Creek? As her physician, I remarked. Wasn't there anyone else there—a nurse? Was she not scarcely able to turn over in bed? Not able to. You say that upon the occasion of the second visit that Dr. Hearne suggested to Mrs. Stillwell the desir- ability of returning to Hannibal. How did you know that? Mollie became very much incensed and asked her mother and she said the doctor thought it best to come back and live down the scandal. Was there a scandal so soon? Yes, sir. Did you hear it yourself? I heard it myself that Dr. Hearne advised her to: return to Hannibal and live down the scandal. Mrs. Stillwell and her children were present at the time. How long did Mrs. Stillwell remain in the hospital? Until the day of Dr. Hearne's second visit and she returned that evening. You say that when the party returned to Hannibal that Dr. Hearne was a frequent visitor at the Stillwell mansion? I don’t know. You say that upon one occasion when she was to take dinner at your house that Dr. Hearne telephoned? No, sir. What did you testify in regard to that? I said Mrs. Stillwell was not able to eat that day. She returned home after we telephoned for her carriage and Dr. Hearne. She returned home I presume. You know Mrs. Susie Hayward? Yes, sir. Do you know where she is living? Yes, at Chicago. Do you know her address? I do not. Have you recently met one A. L. Clarke? * THE STILL WELL MURDER 97 Yes, sir. - Have you talked to him about this case? I had some conversation with Mr. Clarke. How long ago was that? On one of Mr. Clarke's visits here. What was the object of the interview? To find out what I knew of this case. Did you tell him all about it? No, sir. Did you tell him the testimony you have given here? Not all. Did you tell him about the night-gown? I did not. Did you tell him anything about Mrs. Susie Hay- ward 2 I did not. Do you know whether he knew of her at that time? I don’t know. JAMES A, ABBEY The main feature of yesterday's evidence in the Hearne-DeYoung case was the testimony of James A. Abbey, who recited the horrible story of the finding of a bloody gown. Other witnesses testified regarding the connection of Dr. Hearne and wife with the murder by common repute. Following will be found the tes- timony in full: James A. Abbey testified as follows: Mr. Mahan: What is your name and age, and where do you live? James A. Abbey. Live in Hannibal. Did you know Amos J. Stillwell? Yes, sir. And Dr. J. C. Hearne? Yes, sir. Prior to the year 1888 and possibly during that year, what were you engaged in-were you in the secret service of any railroad: - I had been. Yes. Under whom * 98 THE STILL WELL MURDER I worked about four years under the Missouri Pacific under Thos. Furlong. W. you living in Hannibal in December, 1888? WaS. What were you engaged in then? I was driving a team for Mr. Thomas J. Cousins. Did you become aware of the murder of Amos J. Stillwell? Yes, sir. Were you employed in any capacity with reference to that murder? - I was. What capacity? I tried to find out who committed the murder. State whether or not during that investigation you made any search of the Stillwell residence or the ad- joining property. I searched the vault. When did you make that search with reference to the murder of Amos J. Stillwell—how long afterwards? On Monday, January 7th. Was Mrs. Stillwell at home at that time? I don’t know. Had she not left for Battle Creek, Mich. ” I think so. I cannot swear, as I am not positive. What time did you make this search? About 9 a. m. Who went down into the vault? I did. Where was the vault located with reference to the house? It was directly in the rear of the house. How far from the wood shed? I couldn't be positive—not very far; I did know; I measured the distance, but could not find the book yesterday when I looked for it. How far was it from the door that entered the wood shed and the door that led to the alley in the rear of the Stillwell residence? I could not say. THE STILL WELL MURDER 99 Was it as near the back door of the house as the wood shed was? Very near it, about the same. It seems to me that the corner of the vault was right opposite the edge of the door. Going into the wood shed? Yes, sir; the east edge of the door going into the woodshed. When you entered the wood shed was that door you entered opposite the door going into the alley? When I went in, I went through the alley. Mr. Wood went through and opened the door, and I went through the wood shed. How did you make a search of that vault? I got down on a ladder and got an iron hook. How deep a vault was it? I should say at least fifteen to sixteen feet to my best judgment. What did you find there? Well, I got a good many things in the way of pieces of sheet and cotton things. I pulled out a pair of men's drawers, and the last thing was a night-gown. What kind of a night-gown? It seemed to be a heavy night-gown. A lady's night-gown? Yes, sir. What, if anything, was on that gown? There was blood on it. What did you do with the gown? Mr. Wood made me put it back into the vault. He had charge of me and the rest of us that were at work. We did so. He was a detective. Did you do as instructed by him? Yes, sir; after we had quite an argument over it. Apparently how long had that gown been in that vault? I could not say just how long. The blood was still on it and had turned black—looked black-like. You were absolutely certain that it was blood, were you not? Yes. 100 THE STILL WELL MURDER Judge Hendrick: How did you happen to make that search? I made it on my own judgment from a report that was given me at the Government building on the Sun- day morning previous. Who gave it to you? Mr. Wood and Mr. Kelly. - Were you employed to assist in the search? Yes, sir. Who employed you? I consider that Mr. Kelly and John Stillwell did. Was there anything about the gown by which its ownership could be identified? Not that I could see. I didn't search it as I might if I had had my own way. Did you unfold it? In what condition was it— folded or unfolded ? Unfolded. Was it pretty much covered with blood or just sprinkled? It had considerable blood on the left arm; it was covered with blood. Was it as though some one had used it to wipe up the blood? It didn't look that way to me. The blood had run down. The streaks from the big splotches had run down. What condition was the gown as being torn or untorn? It was ripped under the left arm. And where there was a slot there was a ripped place. What would cause that? I don’t know. I have never seen it since I put it back. What is vour race and nationality? I am called an African. I am an American citizen of African descent. Have you ever been indicted for any crime? I believe I was once. I think to the best of my knowledge I was once accused of killing a hog through mistake and they acquitted me. THE stillwell MURDER 101. Were you ever indicted for a serious crime? No, sir. I was arrested and brought up before the police judge once, but I was acquitted. Were you tried before a jury? I was tried before Judge Porter. Were you on the police force here at any time? Yes, sir. Were you not discharged from it? I served my time out. Do you know A. L. Clarke? I have met him. A correspondent of the Chicago Times-Herald? I have met him twice with this morning. Have you had any conversation with him in this case? He asked me about the case. Have you given your testimony before in this matter? Yes, sir; before the grand jury. Mr. Mahan : Abbey, with reference to this serious charge, you mean that the charge was filed against you and on a preliminary examination before Judge Porter you were discharged? Yes, sir. You never were indicted for anything of that kind? No, sir. Judge Gilchrist Porter was the officer who dis- charged you? Yes, sir; and the prosecuting attorney himself told me that he knew I was innocent, but he had to pros- ecute me. R. H. STILL WELL AGAIN ON THE STAND Mr. Stillwell, have you been in Chicago since you were examined the other day? I have. - Did you see Mrs. Susie Hayward while there? I accidentally met Mrs. Hayward on the street; did not intend to meet her; didn't go there for that purpose, but am rather glad I did meet her. 102 THE STILL WELL MURDER Did you have any conversation with her about this case I had some talk. Did you know that Mr. A. L. Clarke went to Chi- cago at that same time? He did not. Did you see him in Chicago while you were there? I did not. - Do you know whether he was there during that time? Not that I know of. At the time Dr. Hearne was married to Mrs. A. J. Stillwell, didn't you give the bride away? I don't remember; I was there at the wedding. Well, can't you refresh your memory on that subject? I cannot; I haven’t the faintest idea whether I did Or not. Do you know whether any Pinkerton detectives were employed to search for the murderer or murderers of your father? They were. Who employed them? I did. How long? I employed two Pinkerton detectives from Chicago and they persuaded me to employ one Abbey. How long were these Pinkerton detectives em- ployed? I don’t remember exactly, but will say three months—two or three months. Why were they discharged? They were discharged because they indicated to me that they had done about all they could in the case, and thought it was useless for them to stay any longer. Did they tell you they thought it was impossible to find the murderer? They told me they had worked at about every clue they knew of; I inferred from what they said that they considered it impossible. Did either of them tell you that they thought it was probable that it was some negro burglar? - THE STILL WELL MURDER 103 I think from their conversation and work while they were here that they were rather inclined to that belief. Mr. Abbey, who you spoke of having employed, was he that colored policeman here? Yes, sir. Did he ever make any report to you about his investigation? - He did not. Mr. Abbey was employed by me at the request possibly of the two detectives from Chicago and Mr. John Stillwell, possibly Mr. Mahan; they had made an arrangement with him; I paid for his services; my father's house was searched within a few days after his death. It was searched at a time when, so far as I know, there was not any suspicion against either Dr. Hearne or his wife. If there was I had not heard of it. I have a written report from the Pinkerton detectives from Chicago as to what was found there. Since Mr. Abbey's testimony I have looked it up and it directly states that there was nothing found in the vault that would throw any light on the murder; there were a good many bloody rags and bloody water that looked as though they were used in wiping up the blood around the room and on the bed. In giving your testimony, the other day, among other things you said that you knew that Susie Hay- ward, after she discovered the intimacy between your father's wife and Dr. Hearne, quit the friendship and companionship of Mrs. Stillwell. How do you know that? While I lived at my father's house, before he was murdered, I knew that my father's wife and Mrs. Susie Hayward were very intimate friends; I knew that they confided to each other many and possibly all of their secrets. I cannot say exactly how I know that the friendship was gradually severed. After I left my father's house it was probably two years before the murder; but in many ways indirectly I knew that they were not as warm friends as they had been. Had their friendship ceased before the murder of your father? 104 THE STILL WELL MURDER No, sir; not entirely; I don't think it had afterwards entirely; that is, it was not entirely severed after the murder. I think Mrs. Hayward felt it her duty as a friend of my father's wife to advise with her and try and direct her towards the proper course of action to pursue. I think you also testified that you had an inference that Mrs. Susie Hayward knew something about the circumstances of your father's murder from the begin- ning, or at least from some years prior to this time. How can you have that inference? I never intended to create that impression in my testimony. I stated or intended to state that Mrs. Hayward knew that my father and his wife were not friendly; that she was trying in every way possible to either separate herself from him or to get a divorce from him, or try and have him commit some overt act that would entitle her to a divorce with alimony. On one occasion before my father's murder, he, in some way, knew or felt in his own mind, that there was an improper relation existing between his wife and Dr. Hearne, and in a conversation one morning at the breakfast table my father said to his wife that he would not again permit Dr. Hearne to put his foot inside of his house, and with that remark his wife threw a coffee- cup across the table at him. Were you there? No, sir; I was not there, but I got that from sources that are unquestionable, and I can substantiate those facts. My father confided that fact to one Dr. Z. P. Glass. She told Mrs Hayward of that fact in Chicago. . Who did? - Mrs. Stillwell, my father's wife. My father did nothing—simply got up from the breakfast table and walked out of the house. Again in this connection I would state that on the day my father was killed, Mrs. Stillwell wrote a letter to Mrs. Susie Hayward; that letter seems to have been written during the day and my father was killed that night. In the letter she said to Mrs. Hayward that she and my father were getting along better together; they had several times played cards together and that she really believed that he was º THE STILL WELL Muft|DER 105. in love with her again or something to that effect. That letter was mailed the day my father was killed; he was killed that night, on Sunday. And again in this connection, I would like to state that I was in the office with my father constantly for two months prior to his murder, and I never remember in the course of my life to have seen him as downcast and depressed as he was during that period of two months. I have thought of it a thousand times since. The cause of this depression I do not know; cannot say; he never said anything to me about it. How long before your father's death was it that his wife threw this cup at him across the table? I can't say; was only a very short time. When did you first learn of it, Mr. Stillwell? I learned the fact, as I remember, from Dr. Glass, a short time after my father was killed. The statement was corroborated by Mrs. Hayward in Chicago. Do you know who was at the table when that occurred 2 I don't remember. You stated in your evidence that you visited Chi- cago a number of times to see Mrs. Hayward about this matter. What reply did she make when you asked her for information? I stated that I had been to Chicago especially to see Mrs. Hayward either once or twice. She seemed very confident, in fact, knew or had made up her mind, that either Dr. Hearne or his wife were accountable either directly or indirectly for my father's death; but I suppose the fact that I was so closely related to the family caused her to not be very communicative with me. She would tell me comparatively nothing. She did tell you, however, that she was confident that either Dr. Hearne or Mrs. Stillwell was accountable for that death? She felt that way in her own mind, and so ex- pressed herself to me. Do you recollect writing a letter to Mrs. Dr. Hearne's daughter Mollie, Mrs. Murray Gray, of Los Angeles, some five or six weeks ago? - 106 THE STILL WELL MURDER I do. In that letter you stated that Dr. Hearne ought to come here; that the Chronicle man was spending lots of money here? I made no such statement, sir. What did you state? My recollection is that Mollie wrote to me that Dr. Hearne was in Los Angeles, and had spent a good part of the day with her husband trying to borrow $3,000, and that he did not get it. That she would not let him have it and that her husband would not let him have it. In reply to that letter I stated that I thought she did right in not letting him have it. I also stated that the excitement here was at a pretty high pitch and that my impression was if Dr. Hearne came here he possibly might stay. I don't know what she inferred from that statement. She told me that this money which he wanted to borrow was for the purpose of coming to Hannibal. That was what caused me to make that statement to her. I knew she was not friendly with Dr. Hearne and that she would not tell him what I said. I also felt in my mind very confident that she wouldn’t mention the matter to her mother, because these things were very worrying to her mother. Were those parties who told you about your father's wife throwing a cup across the table present at the time it was thrown? They were not. It was my father told him the circumstance. Mr. Mahan: Mr. Stillwell, there was no arrange- ment with Abbey, the colored policeman, by which he was to make any report to you, was there? No, sir; there was not. Isn’t it the fact that he was under the control and direction of Mr. Wood and was only required to make reports to him. That is to say, Mr. Wood had charge of him? He was working under the direction of Mr. Wood and Mr. Johnson. Possibly Wood was the head man. I think he was. But Mr. Wood and M. Johnson were not working in this case as a sham. They were em- THE STILL WELL MURDER 107 ployed to work without reserve. Pinkerton would not say they worked here in a reserved manner. The vault never would have been searched at my expense if it had not been with a view to ascertaining the murderer. Some one might possibly have suggested to me, the advisability of searching the vault. I ordered it done and paid for having it done. The mode or manner of the detectives reporting was not directly to you but to the home office at Chi- cago, and then the report was transcribed and sent to you from the home office? Yes, sir. Only verbal reports from day to day as they progressed. Did you observe in these reports anything in regard to obtaining a pair of drawers? I think not. That search of the vault was made the day after Mrs. Amos J. Stillwell and Dr. Hearne left for Battle Creek, Mich. The report, itself says the search was made on the 7th day of January. You never knew any reason why it was made in the absence of Mrs. Amos J. Stillwell and Dr. Hearne? The only reason I can ascribe for it having been made at that time was because the propriety of the search was not suggested to me before that time. Well, now that you had placed the matter in the hands of the detectives, and of course you didn’t dic- tate or direct the time of the search or the manner of making it. That was their affair, was it not? They were instructed by me to search the vault. I don't remember whether it was done the same day I directed it done or not. I noticed by the reports sent me that they preferred to do it without the knowledge of any of the servants around the house and without the knowledge of the colored man who was working around the premises. Isn't it a fact that they wanted it done without the knowledge of Dr. Hearne and Mrs. Stillwell? I think not. It wasn't done until after their departure? 108 THE STILL WELL MURDER I think it was not, but their departure from the city had nothing to do with it, or the time of searching the vault. Do you know whether the house also was searched at the same time or not? I think not. I know it was not. Isn’t it a fact that the house of Mr. Stillwell was searched very shortly after the death or murder? I think the detectives went frequently to the house to see the location of the rooms, the position of the furniture, etc. Do you know whether the detectives followed the couple from here to Chicago and Battle Creek, Mich. ” Do you know anything about that? They didn't that I know of. I never paid for any such service. - Now, directing your attention to Mrs. Susie Hay- ward. How long had this friendship existed between her and Mrs. Amos J. Stillwell, prior to the death or murder of Amos J. Stillwell? For many years. Isn't it a fact that they were intimate personal friends, visiting each other's houses frequently? I should say very intimate friends. And that continued for a great length of time, didn’t it? Yes, sir. Did you find Mrs. Susie Hayward at the bedside of Mrs. Amos J. Stillwell shortly after the murder of your father? - On one occasion Mrs. Hayward was living away from Hannibal. Judge Hendrick: Is this something you know of your own knowledge, Mr. Stillwell? No, sir. While Mrs. Hayward was living away from Hannibal on one occasion, she visited my father's wife, went to call on her; and during the visit and the only time when they were alone in the room, my | THE STILL WELL MURDER 109 father's wife said to her or cautioned her to be very secret about what she knew, saying also that her life was in her hands and that she trusted in her as she did in her God, or words to that effect or meaning. Was that said here in Hannibal? Yes, sir. What was the amount of your father's estate at the time of his death? - I don't now remember. About how much? My recollection is that the inventory or appraise- ment of the estate was about two hundred thousand dollars. What part of that estate did the widow receive? One fifth–$40,000. The estate was wound up and distributed probably at the end of two years. Were you one of the administrators? I was the only administrator. During the year 1889, did you have much to do with your mother in settling up the affairs of the estate? I had something to do with her. Do you know who, if any one, advised her in a friendly way? Dr. Hearne and Mr. Anderson were her sole advisers. She probably asked my advice. How early after your father's death and in what manner did you find out that Dr. Hearne was one of her advisers? From observations and conversation with Mrs. Stillwell. Did that continue down to the marriage of Dr. Hearne and your mother? Yes, sir. Could you give the exact date of their marriage, Mr. S. 2 It was in December, 1889, a little before the expir- ation of one year after my father's murder. Mrs. Still- 110 THE STILL WELL MURDER well advised with me something about the wedding with Dr. Hearne. Did you observe that it created any excitement in the city of Hannibal? It seemed to create some excitement and dis- CuSS1On. Was there any crowd in the street in front of the house and at the station? I think there was. After the marriage of Dr. Hearne to your father's wife, who took entire charge of her affairs? She and Dr. Hearne jointly managed their own affairs, so far as I know. She had some stock in the company in which I am now. - When was this forty thousand dollars paid over to them? It was paid over to them at the final settlement of my father's estate, about two years after the murder. Do you know what has become of the larger part of this money, whether they have it or not? (Objected to as leading and pumping.) I can't say positively, but from what I have heard from different sources, I should say that it is all gone. Don't you know that it has been gradually pur- chased at your hands. That is, you purchased the stock in the Stillwell Meat Company? I purchased, from time to time, the interest they had here and paid them cash at the time of the purchase. And the property was sold for the purpose of rais- ing money; wasn't that your understanding from Mrs. and Dr. Hearne? I don’t know that I could state that. What share of the estate did your brothers Harold and Earl get? The same amount as Mrs. Hearne, $40,000 each; about that amount. Their estate and curator are in this county and state. Did anybody make application to take the money out of this state? An application was made several years ago to have the curator of these minor children moved to California. THE STILL WELL MURDER 111 Who was that application made by? Isn't it a fact that it was made by Dr. Hearne and his wife? I think it was made by Dr. Hearne and his wife at the special demand and persuasion of Dr. Hearne. I think a curator was appointed and a suit was brought. The curator gave bond and as I remember, in a short time, both curator and bondsman failed after the effort was made to remove the funds. Judge Hendrick: Mr. Mahan, let it be a stipula- tion that I interpose objections to all your questions as leading. Mr. Mahan: I admit they are leading. I have a right to make them leading. You took an interest in defending that application. I seriously opposed every step taken to remove their funds from Hannibal. *S* CHAPTER VIII MRS. SUSIE HAYWARD’s DEPOSITION §HICAGO, IL.L., July 20–Big Chicago #| knows nothing about the excitement that has stirred several strange hearts within her midst to-day. The interested parties were Dr. J. C. Hearne and wife and R. H. Stillwell and Mrs. Susie Hayward, the latter being the star actress in the part of the Hearne-DeYoung engagement played in this city this afternoon. It will be remembered that in his deposition taken at Hanni- bal, R. H. Stillwell testified that he believed, from information received during the past few weeks, that Dr. Hearne and his (Stillwell's) step-mother, now Mrs. Hearne, murdered his father in Hannibal in December, 1888. He testified that a large part of that informa- tion was secured from Mrs. Susie Hayward, whose home is in this city. The interested parties came here for the purpose of taking Mrs. Hayward's deposition, and at I :30 this afternoon an interesting scene was presented in a little room in the law office of Moran, Kraus & Meyer, 79 Dearborn street. There were present Notary Austrain, Nat C. Dryden, of St. Louis, and Judge Hendrick, of San Diego, attorney for Dr. Hearne; Geo. A. Mahan, of Hannibal, attorney for DeYoung, Dr. and Mrs. J. C. Hearne, R. H. Stillwell, Mrs. Susie Hayward and two stenographers. Awaiting in an adjoining room were a number of newspaper rep- resentatives, eager to be admitted to the inner chamber. They were not, however, kept in suspense very long. A. L. Clarke, Mr. DeYoung's personal representative, as tenderly as possible, informed the press “gang” that Mrs. Hayward had stated positively that she would consent to giving her deposition only upon his solemn promise that newspaper men would be excluded and that her testimony would not be published. Dr. Hearne made a vigorous kick. He said that the doors were thrown open to the press during the examination at Hannibal and he saw no reason why they should THE STILL WELL MURDER 113 change the programme here. But no change was made and the press was excluded. The witness was in a shiver of excitement when she commenced her story, evidently being apprehen- sive of bodily harm at the hands of Dr. Hearne and wife, whose secrets she was about to give to the world. Close to her sat R. H. Stillwell; in fact, so close that the right foot of the pretty witness, encased in a dainty oxford, was on his chair during the entire examination; she felt that her life was temporarily in his keeping and he seemed to realize the responsibility of the situa- tion and was willing to assume it regardless of what the emergency might be. Mr. Mahan conducted the examination in chief. He realized the extreme nervous condition of his witness and governed himself accordingly. Soft of voice and unassuming in manner, he plied the questions, and sentence by sentence, slowly but surely the witness drew from her inner soul important secrets seriously affecting two lives that had been buried for years. During the recital Mrs. Hearne sat only a few feet away, with nothing to obstruct her view of the witness, with her features as if cut in mar- ble, listening to every word, and within her being a veritable cyclone of rage was placing her rapidly beyond self control. When the witness was in the middle of one of the most damaging sentences of her story, Mrs. Hearne, with nerves strung to the tightest tension, her face wearing almost a death pallor and resentment depicted in her large, fierce eyes, involuntarily began to leave her chair as if to leap forward and devour her enemy with the ferocity of a tigress. The notary observed the agitation and expressed the hope that there would not be a scene. During the examination Mrs. Hearne sank back into her chair and remained quiet during the remainder of the proceedings. Witness stated that her age was forty-five; that she lived in Chicago four years; that she lived in Han- nibal, but left there prior to 1888; that she knew Amos J. Stillwell and wife; that she knew Dr. J. C. Hearne by sight and had met him once or twice. Mr. Mahan: Did you ever talk with Dr. Hearne? 114 THE STILLWELL MURDER I decline to answer how it came about. Just state what was said by either of them. What I saw was an accident and I don’t think I have to tell those things. Just state what you saw by accident. I saw nothing. Witness stated that she had a talk with Mrs. Stillwell about Dr. Hearne; that she knew C. P. Heywood, George W. Haines and R. H. Stillwell. That she met the latter gentleman in Chi- cago, June 26, 1895. Mr. Mahan: What did Mrs. Stillwell say to you about Dr. Hearne prior to the murder of her husband? She stated that she had become attached to him and asked me to have a talk with him about this attachment. I talked with him in Mrs. Stillwell's par- lor; he said he was attached to her and was anxious for her to have a divorce. I told him it would be a foolish thing for her to get a divorce; that he could not support her; that she was so extravagant she could not live on a man's salary; he replied that of course she would have alimony; Mrs. Stillwell said Dr. Hearne had great influence over her. Did you hear anything about something that transpired at Mrs. Stillwell's house one night when Mr. Stillwell returned from St. Louis? Dr. Hearne was in the house when Mr. Stillwell returned; he (Hearne) said that if he had met Stillwell in the hall he would have shot him; I said to him then: “You would be a murderer and would be hanged.” He replied that the people in Hannibal would have thought it was a burglar. I do not remember of Dr. Hearne saying that Mr. Stillwell was not a fit com- panion for his wife. - When you said to Dr. Hearne that Mrs. Stillwell could not get a divorce and could not get alimony, what reply did he make? He said he could have Mr. Stillwell slugged for two dollars and a half. Did Mrs. Stillwell ever write you in regard to a divorce? - Yes, but I do not remember what she said. I got THE STILL WELL MURDER 115 a letter from her the day of the murder, but I do not know where the letter now is; it may have been destroyed. It was a very ordinary letter about dress- making; she stated that she was getting along nicely with Mr. Stillwell, was well contented and very happy. Did you meet Mrs. Stillwell after the murder in Hannibal 2 I did, at the home of Mrs. Chas. T. Hayward. What did she say to you? She said she trusted me as she trusted her God. In the talk you had with Dr. Hearne what was said about the discontinuance of his visits to Mrs. Stillwell? He said he was visiting her in the capacity of a physician and would not discontinue his visits. How came you to meet at Mrs. Stillwell's Did you send for him? Mrs. Stillwell asked me to meet him there. Did you know the relationship between Dr. Hearne and Mrs. Stillwell? I knew they were very friendly. Dr. Hearne retained additional counsel in the person of Nat C. Dryden, one of the most noted criminal lawyers in the state. The doctor seems to realize that he will be indicted. CHAP T E R IX DR. AND MRS, HEARNE INDICTED JURY composed of the following gentle- men: Sam Withers, Robert Kerrick, S. F. Roderick, Henry Elzea, Elijah Hawkins, |X Y& John H. Davis, H. C. Nerlich, W. B. Pet- º- * tibone, A. G. Hamlin, Fred Bassen, George W. Dulany, Thomas Robinson, 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 Cali- fornia. 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 Io o'clock and were placed in jail. Mrs. Hearne was given a room with Mrs. Virginia B. Todd, who is accused of murder- ing 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. THE STILL WELL MURDER 117 AT PALMYRA Sheriff Pratt arrived at Io: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, a reckless driver ran into the sur- rey driven by the sheriff and containing the prisoners, breaking the pole and smashing up the vehicle consid- erably. It was so badly wrecked that another con- veyance 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 sen- tence, 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 in- quired 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 118 THE STILL WELL MURDER proper. The idea was quickly dispelled when he was ushered into one of the iron cages and introduced to his cell mates. 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. Dur- ing the trip to Palmyra the doctor was very talkative, but Mrs. Hearne was silent. THE INDICTMENT State of Missouri, County of Marion. In the Han- nibal Court of Common Pleas, May Term, 1895. The Grand Jurors for the state of Missouri, sum- moned 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 present- ment make, upon their oaths present and charge that Fannie C. Hearne and Joseph C. Hearne, on the 29th 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 felon- iouslyſ willfully, deiberately, 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 STILL WELL MURDER 119 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 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, com- mit and perpetrate. And so the grand jurors afore- said 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, premed- itatedly 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 afore- thought, 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 felon- iously, willfully, deliberately, premeditatedly and of his malice aforethought did strike, cut, thrust, pene- trate 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 120 THE STILL WELL MURDER 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, deliber- ately, premeditatedly and of her malice aforethought was then and there present, aiding, helping, abetting, assisting, comforting and maintainng 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 afore- said, 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 7 rue Bill: ELIJAH HAWKINS, Foreman of the Grand Jury. WITNESSES FOR THE STATE R. H. Stillwell, W. A. Munger, Lizzie Julius, Dr. Allen, Dr. Vernette, Mrs. J. H. League, Jake Korn- der, John E. Stillwell, Benjamin Rodison, S. J. Miller, James Abbey, Tom Winters, W. L. Rose, J. E. John- son, Mrs. R. H. Stillwell, Mrs. Susie Hayward, Josie Brown, Dr. Gleason, W. T. League, George McCart- ney, W. C. Modisett, Ed Herring, J. F. Davidson, Mrs. Don C. Brown, Albert Briggs, Stanley Clark, Mrs. Dr. Gleason. º CHAPTER X THE TRIAL OF THE HEARNES Fºl HERIFF PRATT arrived on the Brookfield : accommodation at Io: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. Ander- son and Geo. M. Harrison. 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 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. Vir. ginia 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 Han- nibal, in 1888, were brought to Bowling Green yester- day 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 122 THE STILL WELL MURDER wore a Masonic pin in his lapel. The prisoners entered a carriage and were driven direct to the jail, where Sheriff Daughertv took charge of them. Dr. Hearne was placed in a steel cell, but not in the cage. His room is 8 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 resi- dence, 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 con- victing 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 evi- dently believes that Pike county will hold to her repu- tation 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. II. Court was opened at Io o'clock this morning and the Hearne party was brought in by Sheriff Dough- erty, 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 THE STILL WELL MURDER 123 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 agree- ment, 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 wil be. Court was called to order again, when Prosecuting Attorney Heather submitted a list of new state wit- nesses. H. Clay Heather then began his opening statement, and said: “I will now unfold to the court and jury the foul 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 state- ment 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 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 124 THE STILL WELL MURDER tried first, making first victory for the state. Champ Clark, of counsel for the prosecution, asked how many had visited the Hearnes at the jail. This move was made as 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 conver- sation 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 pan- nel of twelve were excused on account of having vis- ited 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 crest- fallen. This has all disappeared and Hearne is him- self again. He made an open threat in the court room against a representative of The News and crossed Pros- ecuting 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 look- ing 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 THE STILL WELL MURDER 125. time ago against Dr. Vernette for assaulting the Haw- kins girl, knowing that at some time Vernette might be a valuable witness against him and with the view to for- ever 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 com- posed 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 com- petency 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 126 THE STILL WELL MURDER 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 evi- dence. 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 infe- licity attending the marriage 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. Dry- den 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 rely- ing 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 STILL WELL MURDER 127 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 he 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 Ioth 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 say- ing 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 enter- tained 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 resem- blance. Respectfully, (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 cer- tainly 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. 128 THE STILL WELL MURDER Dr. Gleason said that the victim might have moved convulsively after the blow had been struck, but that he believed that he did not. It was shown that Ander- son 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 state- ment that Mr. Stillwell had been murdered, and that she was dressed in her night clothes and was bare- footed. 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 in his evidence this afternoon, which is substantially the same as has been published in his depositions. The trial will likely be more sensa- tional tomorrow. INTEREST GROWING IN THE TRIAL Dr. Hearne occupies a ceat 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. THE STILL WELL MURDER 129 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 supersti- tious 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 resi- dence. 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. Still- well and wife to Broadway. Hearne made this explai nation to witness soon after she arrived, even before she went up stairs. After talking to Dr. Hearne wit- ness went up stairs. Dr. Hearne remained with Mrs. Stillwell, staying there all night. Witness heard Mrs. Stillwell say, addressing Dr. Hearne, “Don’t leave me.” 130 THE STILL WELL MURDER Mrs. Gleason says she looked at the body of Mr. Still- well 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 ordi- nary 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 mid- dle 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. THE STILL WELL MURDER 131 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 pre- 132 THE STILL WELL MURDER serve 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 I :I 5 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 I :Io 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 THE TILL WELL MURDER 133 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?” “Remem- ber, 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. 134 THE STILL WELL MURDER 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. Some- body might see you.” “I can come over by the back way.” “All right, come ahead.” Soon after the mur- der 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. Io. As the trial wears on Dougherty grows more defi- ant 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 cor- respondent 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 STILL WELL MURDER 135 the funeral of A. J. Stillwell and returned home to Ken: tucky 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 II: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. Still- well 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, 136 THE STILL WELL MURDER 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 testi- fied 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 II:30. Dr. Vernette was then called to the stand and tes- tified that he saw Dr. Hearne after I 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 Mont- gomery 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 Cincinnatiº THE STILLWELL MURDER 137 No, sir; I did not. On re-direct examination Mr. Heather asked wit- ness why his license was revoked. The reply was be- cause he advertised. “Who was the prosecuting attor- ney 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 Sat- urday 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 Han- nibal, 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 138 THE STILL WELL MURDER 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. Two weeks later the Stillwell party returned to Hannibal. Mrs. Amos Still- well 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 wit- ness 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 merri- ment, and caused witness and her husband some em- barrassment. “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-examin- ation 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 THE STILL WELL MURDER 139 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 testified that Dr. Hearne on one occasion said to him: “By G–, suppose I did kill Still- well. 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 hus- band 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 tes- tify 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 evi- dences of murder. Champ Clark followed with a speech on the sacred- ness of the marriage tie. He quoted “Hamlet” in speaking of the hasty marriage of Dr. Hearne and Mrs. 140 THE STILL WELL MURDER 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 Fan- nie 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 ex- pect 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. THE STILL WELL MURDER 141 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 com— mitted. 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. Wit- ness said Anderson was given the cold shoulder. W. A. Munger was the first witness who ever pub- licly announced that Dr. Hearne was suspected of mur- dering 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. 142 THE STILL WELL MURDER 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 whisky 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 3oth 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-examina- THE STILL WELL MURDER 143 tion 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 char- acter 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, intro- duced 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 Gilchrst, 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 Still- well's on the night of the murder and found Mrs. Still- well 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 mur- 144 THE STILL WELL MURDCR der. 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 did 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 THE STILL WELL MURDER 145 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 146 THE STILL WELL MURDER 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. Clav 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 begin- ning 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 opin- ion of a man who would for sympathy claim the honor- able distinction of having been a soldier at such an early age that the fact if true, would make him a hero. The THE STILL WELL MURDER 147 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. Concern- ing 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 circum- stantial 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 appro- priate 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. Dry- den 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 Chron- icle, 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 unrelia- bility 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 148 THE STILL WELL MURDER 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 sim- ple, chaste description of the retirement of little Vir- ginia 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 dis- robed 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, with- ering 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 illus- trated in this incident. While hundreds of handker- chiefs were out in the room, rubbing and hiding hun- dreds 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 THE STILL WELL MURDER 149 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 testi- mony, 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, bit- 150 THE STILLWELL MURDER ter, denunciatory, strong. He scored Hearne most unmercifully and Rufus Anderson, if possible, more unmercifully. It was said to be the strongest prose- cuting 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 afraid it was too close to the murder—it was too fresh in the public mind.” “They ask us,” said Mr. Clark, “why the pros- ecution 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 some- where one of your pickets gave your enemy the coun- tersign 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 their 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 Hanni- bal and watched Dr. Hearne's door for two hours, wait- ing for the appearance of Mrs. Stillwell. Who was it came and spoke to her for ten minutes? Rufus Ander- son, 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. THE STLL WELL MURDER 151 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 howl- ing 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. (CVOX) CHAPTER XI THE HEARNES ACQUITTED BY THE JURY =\|HE jury in the Hearne case, headed by the ºf sheriff, came down the aisle at 5:40 o'clock Saturday evening. People were standing on chairs and benches. “Poll the jury, Mr. Clerk,” said the judge. The clerk came running up to the front and called each juryman by name. Dr. Hearne sat with his back to the jury. Vir- ginia Hearne, with her modest manner, had won the pity of all. She looked with wide-open eyes up and down the line of faces and then at the folded paper in the hand of the foreman. Katherine put her face in her sister's lap and lay there. Every one of the jury- men looked as solemn as though he had voted to hang a dozen men. “Have you found a verdict?” queried Judge Roy. “We have,” replied the foreman. The folded paper was passed up to the judge and it rattled loud as he opened it. Judge Roy, looking the paper over slowly amid a death-like stillness, announced: “We the jury, find the defendant not guilty.” Dr. Hearne's head fell forward between his two hands, almost to his knees, and a great sob came from him. The next moment Virginia, his oldest daughter, was on her knees before him, her arms reached up around his neck and her father's tears fell on her upturned face as he kissed her again and again. His little daughter Katie, a sweet child, sprang to him and clasped him with her arms, and laughing and crying, kissed him again and again. Mrs. Hearne was apparently unmoved. She sat as she had while waiting for the verdict, straight in her chair, the handkerchief still at her mouth, her eyes looking down at the floor. “Gentlemen, I thank you. You are discharged,” said the judge to the jury. Dr. Hearne arose, turned and faced the jury. His arms were raised above his head and the tears were streaming down his cheeks. His daughter still knelt upon the floor, her face buried in her hands and her form shaking with sobs. “Gentlemen, for God’s sake,” Dr. Hearne - THE STLL WELL MURDER 153 said, “I thank you, because I am an innocent man. I'll remember this the longest day I live, and so will my children. Thank you, Oh, thank you, gentlemen.” A sob choked the acquitted man and he fell into his chair again. Then his lawyers crowded around him and hugged him. His daughter was raised from the floor and he clasped the younger one in his arms and sat with her on his knee, fondling her face with one hand and wiping the tears from his eyes with the other. Mr. Ball announced that Mrs. Hearne was ready for trial and demanded that an early day be set. The court could see no way by which he could be accom- modated, and then he offered bail in any sum the court might demand. Prosecuting Attorney Heather making no objection, the bond was fixed at $5,000, made out and signed at once. Mrs. Hearne was sworn not to leave the jurisdiction of the court without permission of the court and then Judge Roy said: “I order the peremptory discharge of Dr. J. C. Hearne from cus- tody.” The women in the court room came up, shook hands with Dr. Hearne and said they were glad he was cleared, kissed Mrs. Hearne and the two Misses Hearne and said, “They knew all the time,” and were so glad. Dr. Hearne, his wife and daughters and Mr. Hearne, of Independence, went to supper at the sheriff's house. Dr. Hearne then went to the telegraph office and sent telegrams to friends. He said he could not say what he would do in the future. His wife wished to return to San Diego, Cal., where her married daughter Mollie lives. The doctor will probably go with her. The jurymen took but one ballot. When they first retired it was found that Curt Smith was the only member who was in favor of conviction. The matter was talked over before a ballot was taken and when the votes were counted, Smith was in line. The jury was of the opinion that the State failed materially in making out a case. The chain of circumstantial evidence was strong, but a few links in it snapped when it was stretched by the defense. Dr. Hearne can never be tried for the crime again. Whether in this case “mur- der will out” remains to be seen. The result of the 154 THE STLL WELL MURDER Hearne trial is far from satisfactory. Not merely be- cause the jury did not bring in a verdict of guilty, for under the evidence and instructions that would have been a surprise. The trial has thrown no new light on the Stillwell murder. The defense has found no proof to relieve Dr. and Mrs. Hearne of the unfortunate sus- picion of being the only persons known to have a motive. The Stillwell mystery is no nearer solution than it was the night of the horrible murder. It is well understood that Mrs. Hearne will never be tried. There is the same evidence against her that there was against her husband. The verdict has not changed the opinion of the people and they accept it as the final decision, and it leaves the Stillwell murder still unsolved and the criminals unpunished. THE LIBEL SUIT WON After six years of litigation in one of the hardest- fought libel suits, the Chronicle was compelled to pro- pose a compromise. The first trial resulted in a dis- agreement of the jury. They could not agree upon the amount of damages. The second trial resulted in a verdict of $10,000 in favor of Dr. Hearne. Defendant took an appeal. The third trial awarded Dr. Hearne $1.00 damages. The trial court set aside this verdict and granted a new trial. Several days before the time appointed for the fourth trial, defendant's attorneys submitted to the doctor a proposition to compromise. The first proposition was rejected. A second proposi- tion was accepted. DeYoung paid $2,000 in gold coin and the costs they had incurred by the two appeals made by the defendant to the Supreme Court and also the publication in the Chronicle of an article exonerat- ing the doctor from any connection with the matter referred to in the publication complained of. All ex- hibits and all depositions and papers were removed from the files of the court, and turned over to Dr. Hearne. - |- - º º