Dye Murder Trial

----- Original Message ----- 
   From: Greg Dye 
     To: THEDYESOCIETY@LISTSERV.UH.EDU 
   Sent: Saturday, February 22, 2003 2:45 PM
Subject: Re: dye murder trial
Hi Helen,
As far a I know there shouldn't be any trouble with posting them. About 2 1/2 years ago I 
was able to stop by the Western Illinois University library and they ran me off copies of 
the murder trial that was printed in the Macomb Newspaper that was reported for the Fulton 
Ledger by W.H. Haskell of the Fulton Co. Illinois Bar.
 
I would think that with the trial being in 1855 and with the story being told in many of 
the County history books that there wouldn't be any problem with any copywrite issues especially 
with it being available to the public.
 
Thanks,
Greg

----- Original Message ----- 
   From: Helen in Pa. 
     To: THEDYESOCIETY@LISTSERV.UH.EDU 
   Sent: Saturday, February 22, 2003 11:21 AM
Subject: Re: dye murder trial

Hi Greg,
Thanks, I finally found them, I am preparing an index page for all the posts to the Dye lists 
to go on the new site http://www.geocities.com/easternusresearch/ I hope to get that page 
up soon. I would really like to include all the Dye murder trial as James was married to 
one of my Livengood relatives. Let me know if it is ok, to post your Murder trial on 
the new site. Our old site is http://www.geocities.com/hsdurbin/
Sincerely,
Helen S. Durbin

----- Original Message ----- 
   From: Greg Dye 
     To: THEDYESOCIETY@LISTSERV.UH.EDU 
   Sent: Saturday, February 22, 2003 11:53 AM
Subject: Re: dye murder trial

Actually the Dye murder trial was about the death and murder of James Dye (son of Benjamin 
and Sarah (Lemley) Dye.
James was born in (1784) Greene Co. Pa., later moved to Noble and Morgan Co.'s Ohio and 
then on to Hancock and McDonough Co. Illinois.
The actual murder took place in McDonough Co. Illinois on May 27, 1854. The 2nd wife 
of James, Rebecca (Brown) Dye was arrested and tried for the murder along with 2 other men.
The trial was moved to Fulton Co. Illinois where after a lengthy trial she was found guilty 
of a lesser charge and served a few years of her sentence. She was pardoned for good 
behavior, later married Charles Montague of Macomb, Illinois and lived there quietly 
until she died in 1874.
 
If for some reason you still can't find the excerpts that I posted thru the Dye Society I'll 
gladly repost them or just email them separately to you.
 
Just let me know,
Greg
 
----- Original Message ----- 
    Date: Wed, 28 Mar 2001 21:10:38 -0600
Reply-To: Greg Dye gdye@ipa.net
  Sender: "Discussions of the history of the Dye, Dey and Duyts families"
       THEDYESOCIETY@LISTSERV.UH.EDU
    From: Greg Dye gdye@IPA.NET
 Subject: James Dye Murder Trial   "Dreadful Murder"

    On last Sunday morning our ears were startled with the sad and thrilling news, that 
on the preceding night, a most diabolical murder had been perpetrated upon the body of 
James Dye Sr., a respectable and wealthy farmer, residing in the western part of this 
county, adjoining the farm familiarly known as the "Prentiss Farm", whilst in bed and 
asleep in his own bed.
    The facts as near as we have been able to gather them from rumor, are as follows:
On Saturday night, about 9 o'clock the old man whilst in a state of slumber, was shot 
with a pistol loaded with a slug shot, which upon examination, proved to have belonged 
to the old gentleman, and was by him loaded some time previous, for the purpose of self 
protection, having intimation of threats, contained in anonymous letters, found upon the 
premises. The slug that proved mortal, entered his left breast just above the heart, and 
lodging in his right side near the spinal bone.
    An inquest was held on Monday by S. H. McCandless, our energetic Coroner, and after a 
careful and minute examination of the body and all the facts obtainable, the jury brought 
in a verdict that in their opinion, the deceased came to his death, by unlawful means, by 
the hand of his own wife, Rebecca, assisted by two accessories- David B. Burress and 
S. P. Ray: all of whom were immediately arrested and committed to the county jail, to 
await a further hearing at the next term of our Circuit Court.
    Much excitement seems to prevail here and the neighborhood where the deed was committed, 
and as it is our wish not to bias public opinion by giving our views, in relation to 
the guilt or innocence of those now suspected and in confinement. After a final action from 
the proper tribunal has been had, we then give our readers a detail in full.
    That the deed was premeditated and committed in cold blood, we have not a doubt, and 
we hope that in the finale of this horrible and heart sickening tragedy, that its offender 
or offenders, may be brought to justice, and dealt with, in a manner which repays injured 
justice and vindicate the honor of our county, and the enforcement of violated law.

(Article taken from the McDonough County Independent, June 2, 1854)

----- Original Message ----- 
    Date: Thu, 29 Mar 2001 07:21:17 -0600
Reply-To: "Discussions of the history of the Dye, Dey and Duyts families"
          THEDYESOCIETY@LISTSERV.UH.EDU
  Sender: "Discussions of the history of the Dye, Dey and Duyts families"
        THEDYESOCIETY@LISTSERV.UH.EDU
    From: BILL & KARLI DYE 
  Sender: "Discussions of the history of the Dye, Dey and Duyts families"
          THEDYESOCIETY@LISTSERV.UH.EDU
    From: Greg Dye 
 Subject: Part 1 Dye Murder Trial

Some Dye family facts taken from the opening statements by one of the defense lawyers, Cyrus 
Walker:

    James Dye was a large farmer, a hard working man. He was honest, industrious man, 
but he sadly neglected the education of his children. Their moral and intellectual 
training was unprovided for, while his great aim was to accumulate property.
    He had frequent quarrels with his sons, fights and lawsuits. These engendered 
a bit which often led to violence.
    After the old man's death, the boys were very active to show the prisoners guilt. They 
charged her with the murder and hunted out circumstances to cast suspicion upon her.  
    The old man died intestate. There was a large dower coming to the prisoner. They (the boys) 
had various motive to induce them to be forward in setting opinion against the accused. Knowing 
their previous quarrels, they sought to direct suspicion from themselves.
 
----- Original Message ----- 
   Subject: Part 2 Dye Murder Trial

Witness ELIJAH JONES

(James Dye  was murdered on a Saturday night.)
    Mrs. Dye had borrowed $130.00 from me. She had paid back $60.00 and the balance was 
paid by Burress. He paid some before, and after she had paid hers. She said she wanted to settle 
a fuss the old man had raised. She did not want me to say anything about it. The conversation 
was the last of March, 1854.
    I lived in the Pope's house, 60 to 70 rods from the Dye's house. Jesse Martin lives 
60 to 70 rods NE of Dyes. A road turns by Dyes westerly to Carthage, Ill. Then goes by 
Popes, turns NW and runs by McConnells, Parkers and Simmons. Donohue lives 1/2 mile North 
of Dyes.
    I head Burress give the alarm at 10 p.m. I was in bed. Burress waited for me and we 
went by Popes, had woke them and then went on to Dyes. Found McConnell and J. Parker there. 
I'm sure Burress went to Popes with me. Otheres there were Jones, Mrs. Dye and her children, 
Burress and the Popes.
    Mrs. Dye said she was awakened by noise that seemed like a 1000 bells ringing in 
her ears. James Dye was standing on his feet by the side of the bed. She asked whats the 
matter and he gave no answer. She put her arm around him and drew him on the bed. She went 
to the door, didn't see anyone, but heard someone run off across the steps, cross the 
road and down the meadow, said they run like horses. I don't recollect that she said where 
she was when she awoke.
    I saw Burress and William Brown (Mrs. Dyes brother) Friday nite. It was a little after 
sundown. Burress was walking and the boy was riding.

CROSS EXAMINATION
    I am a son-in-law of Dye. The prisoner didn't say who the fuss was with.  There might 
have been something said about difficulty with boys (sons).
James Dye Jr. was about to move to Missouri, don't know of any fuss between them.  
Burress lives in one of Dyes houses, about 30 yards from Dyes.
Mrs. Dye gave me no security, thought nothing of her borrowing it, I had lived there 4 
or 5 months. I didn't know their business matters.
    I had went to bed at 9 p.m., had gone to sleep, heard no noise at Dyes before I 
went to sleep. I had sat on porch that evening, my door and windows were shut. It is 25 
rods further to go by Popes to Dyes. After getting to Dyes, saw him in the bed. Saw the 
children on north bed, made noise like they were asleep.
    Many questions were asked Mrs. Dye, her story was not told in answer to questions, 
she sobbed and cried, said little.
The children are all girls. She is Dye's second wife.

(MEMBERS TAKE NOTE)
In my records I had one of James Dye son-in-laws listed as Elijah Hillyer, so according 
to the testimony his name was Elijah Jones who married Sarah Dye (the oldest daughter of 
James and Barbara Dye)
As you can see…most of the testimony doesn't show what the particular question was but gives 
us the answer which puts the newspaper version in a very herky, jerky fashion. It's a little 
hard to follow because of all of the skipping around. 
I'm copying it as it was written by the reporter.
Feel free to ask questions and I'll try to answer as well as I can.

Greg

----- Original Message ----- 
  Subject: Part 3 Dye Murder Trial

Witness JAMES M. DONAHUE

    I live 1/2 mile north of the Dyes. I went there that night after the shooting. I 
found Burress, Jones and Pilgrim Pope in the house. James Dye was laying in the feather bed. 
Mrs. Dye said this is just what I have expected for sometime, because of a letter we 
recieved.
    James Dye had said he was afraid to go down to fee his hogs, that if he had gone down 
he would have "catched" it there. She said she went to bed early, about 7 p.m.
    Earlier in the evening she and Elizabeth Beeson were out milking and thought 
they saw some person go thru the gate for the barn, heard the gate shut, but to dark to 
tell who it was. Said the south door of the house was open after a loud noise.
    I have know James and her for over 5 years. James had 3 or 4 dogs that seemed to 
be watchful, barked alot but not dangerous. One dog was considerable size, the others 
common size.
    I had helped Dye plant corn on Friday. James and Mrs. Dye, Elizabeth Beeson, 
William Brown and Burress were there planting corn too. James was dropping seed, me 
covering up and Mrs. Dye was dropping with Burress covering up.
    James said his boot was hurting his foot and went to the house for a shoe.  James had 
said the letter he found was sticking in the latch of the barn door.
    I don't think Dye had any fear of anybody. He had had difficulty with Burress the 
week prior to the murder. Dye said there were threats against him by Burress and that a 
lawsuit grew out of the difficulty with Burress 8 to 10 days before the murder.
    Dye owned a great deal of property, has a great deal of money but don't know where 
he kept it. Dye rented to others. He had 300 acres enclosed with only part cultivated. 
He said the difficulty between he and Burress was settled, it had been about the crop 
they had compromised and that Burress was going to leave the area.
 
----- Original Message ----- 
   Subject: Part 4 & 5 Dye Murder Trial

Witness O.C. TOLLMAN

    A year ago last fall I borrowed money on 2 separate occasions from Dye. The first time 
$180.00 and then 4 to 6 weeks later another $160.00.
    I had a conversation with Mrs. Dye about returning the money. She and Dye were together 
when she said she wanted to buy a horse from William Dyer. Dye said if it wasn't convenient 
no matter, then I paid $50.00 to Mrs. Dye on one note.
    The old man said he kept some money on hand for her if he dropped away. Whenever I
borrowed money she was present. I don't know about her having property before her marriage 
to Dye.

Witness HIRAM J. BAGGOT
    I had a conversation in September, 1853 with James Dye. He said he had $1500.00 on 
hand and a considerable amount of notes but didn't say how much. Both James and Mrs. Dye 
had talked about her buying a piece of land from Lewis Duval (son-in-law), 100 or 120 acres. 
It was paid for in money. Dye said he kept gold and silver about him but not paper.
    I dont' know whose name is on the deed for the Duval property.
 
----- Original Message ----- 
Subject: Part 6 Dye Murder TrialD

Witness ALEXANDER McCONNELL

    I was there on the night of the murder. I live 1/2 mile off from Dyes. Burress called 
for me. Asked me if I didn't hear a woman hallowing, and to come and go down. William Brown 
was with Burress.
    I had heard some hallooing and dogs barking. Couldn't tell where noise was from but 
thought it was Dyes dogs. I heard it 10 or 15 minutes before Burress came.
    Took about 15 to 20 minutes to get to Dyes. Burress, myself, John Parker, Jesse Martin, 
William Brown, defendant (Mrs. Dye) and Campbell were there. One child in a cradle, two 
others sleeping in a bed.
    Defendant said she was asleep in bed, supposed it was the report of a rifle that 
waked her up. When she waked up, saw he was standing, leaning against the bed, she took hold 
of him and pulled him over on the bed.
    William Brown (Mrs. Dyes brother) lived with the Dyes.

CROSS EXAMINATION:
    Dogs were severe, had heard dogs bark that night. I could not tell any words in 
the hallooing and paid no attention to it till Burress came.
    I did not see position of his body changed. Some touched it. I don't recollect she 
said she pulled or shoved him on the bed.
    I didn't stay long, got home about 11:00
 
----- Original Message ----- 
Subject: Part 7 Dye Murder Trial Dye

Witness HARRISON DYE (Part 1)
(sidenote: Harrison Dye was my gg grandfather)
    I am a son of James Dye. I was there the next day between 9 and 12 o'clock. I live 6 
miles west of the Dyes.
    I knew Dye owned a pistol, I saw it out behind the corn house. It was taken out of the 
house by Burress. The defendant asked what he wanted of the pistol. She said it was in the 
drawer, locked up. Burress said to me don't make any fuss about the pistol. I'll get it. 
Burress whispered to his wife, and then Mrs. Burress whispered to the defendant then they 
went on. In a short time Burress came by, then motioned to me to come out, I had went to 
the barn, was there half an hour. There were quite a number there; Mr. Stevenson and Mr. 
Leech.
    Burress didn't give me the pistol, Mr. Tyler handed it to me. It appeared to have been 
discharged duly a short time. Tyler put his finger in and got burned powder on it.  
    Burress and the defendant were out by the crib together, but I didn't hear any of their 
conversation. I did hear defendant say on the 10th of May last, that Dye wasn't going to 
live long, that she didn't see any satisfaction with him and that Dye had had a bad spell 
a few days ago, but it had passed, and I understood he had been sick.
    I saw defendant and Burress was very friendly when there was no one there but them. I 
saw them scuffle like, he patted her on the jaw, never saw it but once.
    Father had 4 dogs, very cross, they would attack a person, mad much noise.  They were 
kept as watch dogs. A stranger couldn't go in with safety. I worked there and I could not do 
it after night, without their calling to them.
    On the 19th of May I saw, a quarrel, confusion, something the matter between Dye 
and Burress. They both said it was about planting corn. Dye said he was shelling seed 
corn, came in to the north door and asked where Burress was, said he had followed Dye 
to the house. Burress hallooed out here I am. Burress was coming in at the front door, 
Dye forbid him to enter. Burress gathered the fire shovel and drew it over him with his 
hands. Dye turned and walked to the south bureau to get his pistol and it was gone. The 
defendant said she had slipped it under her arm and slipped it out. The defendant then 
pushed the old man out of the south door and he went to the barn and left them there for 
a time. Dye said Burress swore out a writ for him.
Dye had 3 children, youngest one over one year old, could walk, it was nursing at the 
time of his death.

----- Original Message ----- 
Subject: Part 8 Dye Murder Trial

Witness HARRISON DYE (Part 2)
CROSS EXAMINED:
    I am 32 years old next April. I was 18 or 19 when I left fathers. I've had no quarrel 
with him since I left. I heard that brother Peter struck Dye with a gun barrel. I think 
father told me about it, but he was in licquer right smart. Peter had come to the house 
and the defendant had threatened Peter if he came in, she ordered him off and that she 
would make him leave. Dye came outside the gate and talked some and then ordered 
Peter off. Dye backed out of humor, talked loud. The defendant said she had the pistol or 
the old man would have shot him. At another time defendant said she was afraid they would 
kill eachother and so she took the pistol.  
    Once they quarrelled about her talking 2 or 3 years ago. Dye said she did not do right 
in taking the pistol away when Burress come at him with a shovel. They both acted as 
though they were angry.
    Sometimes the old man advised with her. I was opposed to the match. Sometimes I like 
the defendant, perhaps as well sometimes as my wife.
Predudice against the prisoner is one thing. I believe she murdered my father.  I signed one 
note for $400.00 and on for $500.00 in pay for prosecution. If the law and the evidence 
don't convict her then I don't want a conviction, but I believe I desire it.
    I dont' know Mrs. Dyes age.
    I asked her who killed father, she held down her head and pretended to cry but couldn't 
and said she expected them that had wrote the letter had done it.
    I've never made any calculations how much I should make out of the property in case she 
should be hung, nor how much property would be left, I suppose very little. I don't think 
I treated her unkindly. I think I told my wife at Popes that Mrs. Dye couldn't cry when 
she pretended to.
(Do you want her hung?) I believe it ought to be done.

Reporters note:
During the cross examination of this witness, the court frequently interposed as to the 
violent manner of questioning to him. The prisoner several times curled up her lips in 
derision of her testimony and seemd to look daggar at him. Her manner has somewhat 
changed, her eyes now more steadily fixed upon the floor. There is much feeling manifested 
during the afternoon, and at time a very marked stillness in the courtroom, The ladies have 
occupied about half the seats in the courtroom.
Court adjourned until the next morning.

Personal note:
Not getting to see the question, makes Harrisons answer (Sometimes I like the defendant, 
perhaps as well sometimes as my wife) very interesting indeed.
It appears maybe my gg grandfather might have had a hankering for his younger step-mother.
This tidbit is brought up again later in the closing arguments.

----- Original Message -----  
Subject: Part 9 Dye Murder Trial
Conclusion of Witness HARRISON DYE

    I have 7 grown brothers, 2 to this state, myself and William. Peter lived in Missouri 2 
or 3 years then came back last spring after the death of father. The difficulty with the gun 
happened 2 or 3 yers ago. The old man had ordered Peter off the place the same year Peter 
had moved to Missouri. 
    I am not to pay more in case of her conviction, I have no desire to have her convicted, 
unless she is proved guilty. I had no difficulty with Dye.

RE-CROSS EXAMINED:
    Both said the pistol was loaded with a slug. I examined the pistol, it appeared to 
be 2/3 full, that was 8 days before the murder.
    Dye said his life was threatened, and he kept the pistol loaded. Dye had told me go 
off the place when I lived in the kitchen, and I went. I came back the next day for my things. 
I don't think he threatened me or had anything in his hands. My difficulty with father was 
in 1842 or 1843.

----- Original Message -----  
Subject: Part 10 Dye Murder Trial

Witness CATHERINE LYON 
I was there Sunday. The defendant was there sitting at the window crying pretty hard.  Burress 
put his head in the window and said to her, not to grieve, he had plenty to back him. She 
said how could she help it. Burress could have seen me, don't know whether defendant 
stopped crying or not. Her face was close to Burress.
 
CROSS EXAMINED:
It was during the inquest that she said, Burrley, how can I help it. She called him Burrley, 
which was his common name. I think another lady was in the kitchen, there was a good many 
people in the house. I don't think I am mistaken in the words.

----- Original Message -----
Subject: Part 11 Dye Murder Trial

Witness OWEN BROWN
 
I was present on Saturday, the day after the murder, at Dye's and heard Burress tell defendant 
to be careful and not tell anything but was asked her. She made no answer. About 10 o'clock 
this happened. Burress met her at the north door. William Brown Sr., her father was present. 
This talk was before the coroner's inquiry.

----- Original Message -----
Subject: Part 12 Dye Murder Trial

Witness THOMAS JAMES
 
I had a conversation with Burress. He repeated the last witness' conversation
(Which was 
objected to.)
 
The prosecution propose that Burress in that separate conversation told this witness about 
the difficulty with the deceased. That he, Burress listened in the night, at the deceased's 
door and heard a conversation in which the deceased talked against Burress, and that the 
defendant (Mrs. Dye) had afterward communicated this last mentioned conversation to him, 
Burress.
Prosecution saying also that they will prove that this conversation of Burress was before 
the murder, and related to a difficulty in which the defendant participated and which was 
the same difficulty that was testified to by Harrison Dye and Donahue.
 
All said and done, this objected to by the defense and objection was sustained, with no 
further testimony from Thomas James.

----- Original Message -----
Subject: Part 13 Dye Murder Trial

Witness JESSE MARTIN  (Part 1)
     I live about 70 rods from the Dyes farm. I was at home by 9:00 p.m. I was in the house 
mostly after it was dark. Don't recollect whether the dogs barked. I heard a noise about 
30 minutes after I went to bed. I heard the defendant shouting, hollooed like a person in 
distress, crying, "Come here."
    I put on my pants and started. I run, supposed it was not over 10 minutes before I got 
there. While I was listening, someone at Burress' told defendant to blow the horn, and she 
commenced blowing the horn. When I got there defendant was 6 or 8 feet from the front door, 
I think she had a lamp in her hand.
    The houndogs started to meet me about 100 yards from the house. I stopped and coaxed 
them. One of the dogs seemed cross, the others friendly. I didn't go in the night after 
water in fear of the dogs.
    The defendant was dressed, and I think had a bonnet on. I asked her what was the 
matter and she said, "Oh Jesse, someone has come here and killed the old man, and shot 
him in bed."  She said he was dead and when I got near enough, defendant took my hand and 
shook it, and she was actually shaking all over. She didn't say anything, I passed in 
with she after me and set up the lamp or hung it up.
    I went to the bed and saw that Dye was dead. He was laying on his back, inclined to 
the right side, head to the north, lying on the fore side of the bed with his feet a little 
drawn up. There was nothing over him and he had nothing on but his shirt. His right leg 
was near the edge of the bed, inclining over the edge, the left leg drawn up.  His head 
was near the middle of the pillow. It was a feather bed. His bed clothes were near the foot 
of the bed, thrown down from the south east post. Didn't notice the bed enough to tell 
whether disarranged.
    I first saw only a wound in the breast. There was blood on his face, and his shirt 
was burnt and scorched twice the size of a dollar with the hole in body near the center 
of the hole in the shirt. There were cinders around the hole, some fast and some detatched. 
In a fold in the sleeve there was a hole that was burned, looked like it had naturally 
been up to the wound. Left arm straight. Stain of blood on sleeve running down, size of my 
hand or less. I didn't examine the bed for blood. There was more blood on his head then 
on his breast, with the blood from the forehead had run both ways. I think the blood was 
done flowing.
    The defendant said she did not see any person, didn't hear any report of gun, but 
supposed one waked her, smelt powder. When she roused up, the old man was standing on 
the floor by the side of the bed. She said someone had run across the lane. She said Dye 
didn't speak.
    She said Burress and Billy Brown were down to Joe Dugan's for the quarterly meeting. She 
said it was late before the cows came up and she turned them into the barn lot and was going 
for milk bucket when she heard the latch of the gate strike against the post. It frightened 
her for she knew that she had latched it. She broke and run till she got to the yard gate and 
looked back but saw no one. She also heard the gate at the north part of the barn lot shut 
and knew that it never opened without someone to open it. After done milking chores, dogs 
barked out north of the house very fierce. She told the old man she knew there was some 
person about but that Dye had said it was just some of her foolishness and to get along to 
bed and the last she recollected the old man was talking to one of the children. 
I don't know where she said the child was. Defendant said I must not leaved her that the 
meeting must pretty nearly be over and Burress would be here. In about 10 minutes after 
I got there, Burress came in and was soon followed by McDonnell and otheres.
 
----- Original Message -----
Subject: Part 14 Dye Murder Trial
Witness JESSE MARTIN  (Part 2)
 
    Burress asked what was the matter and I told him that the old man was killed. He 
asked if he was dead and I answered, certainly dead. He said "Good Heaven", then walked 
round to the head of the bed, put his hand over Dyes face and said, "Why, he is shot in the 
head too!" (this last statement was objected to, but over-ruled) Burress pulled out his 
handkerchief, wiped his eyes, sobbed a little, then proposed to me to go to Popes. I 
went to Popes with Burress and returned to Dyes. I then went home. Those left at Dyes were 
Simmons, Parkers sons and others, can't tell how many, but none of Burress' family there.
    The next morning I asked to look at Dye. Defendant said on the night Dye was shot that 
she had heard someone run out of the house, that she had heard them as plain as I hear 
myself speak now. She said the north door was open and Dye was on the floor when she 
waked and when she got up he stood leaning against the bed post and he lay back on the 
bed but never spoke.
    I said I couldn't see how anyone could get to the house without the dogs finding out 
and she said they must have been near the house before night, or they could not have go 
in without the dogs attacking them.
    Saturday night she said she had been in a great deal of trouble on account of that 
letter, and that she couldn't hardly look up at anyone or act naturally. (Martin asked 
how she come to make that first remark) I don't know any reason at that time why she 
said it. I had seen the defendant on Friday before and Sunday before and she didn't 
appear unfriendly.
    I had a conversation with Burress the Sunday before the murder. The defendant was 
not present. Burress was talking about going away, told me how many cattle he had and that 
he had to sell some to get a wagon and make a sacrifice. He said he wouldn't get anywhere 
else in time to get a crop in and I advised Burress to remain till fall. He said "you 
know there have been a great many threats, and in that letter that Dyes' life had been 
threatened and his property to be burned and if it was to be done after they quarreled 
it would be laid on him". I said it might be the case and some people might censure 
him but I didnt' think many would. I didn't think the one that wrote big, intended to 
do it. I believed Burress knew who wrote the letter but I didn't ask further.
    Dye had vomited and it had run down each side of his mouth. The children were in 
bed and had not been disturbed before John M. Parker got there. The night was clear, 
but no moonlight. I don't know whether Dye usually kept light on at night. The night was 
warm for the season.
 
CROSS EXAMINED
Defendant trembled but didn't act unnatural.
There was no blood in the vomit.
There was nothing unusual in what Burress had said about the letter.
Dye didn't attempt or threaten to shoot Burress.
I know nothing about Dye going to the house for a pistol and Mrs. Dye taking it from him.
I never heard Dye threaten to shoot anyone, nor anyone to shoot him.
Dye weighed about 170 pounds

----- Original Message ----- 
Subject: Part 15 Dye Murder Trial

Witness DELEVAN MARTIN
 
    I was at Dyes Sunday from 11:00 o'clock till 1:00 o'clock. Burress was there. I saw 
pistol handled by Burress. I looked at the pistol, thought it had been fired lately. I 
thought it had also been lately cleaned. Someone put in a stick and saw it came out wet, 
otherwise it looked clean. It was dry on the outside, but creases were wet. Burress went 
into the house for the pistol.
 
CROSS EXAMINED:
The pistol resembles Dyes, the same kind. I judged by the tube that it had been cleaned. Pistol 
didn't look as if it had been fried since it was cleaned out. I examined to see if the 
report was true that it had been cleaned and I think I would have come to the same conclusion 
if there had been no murder.

----- Original Message ----- 
Subject: Part 16 Dye Murder Trial

Witness KENDRICK LEECH
 
    About 11 o'clock or before on Sunday, I saw the pistol that had been examined. Burress 
brought it out in his pocket. Burress said the Dye boys were making a fuss about it, 
and they shouldn't see it but would show it to us. Burress went and got it, then Tyler 
stuck his finger in it and wiped it out. I saw Tyler's finger had powder black on it. 
The pistol had the appearance of being recently fired, finger so small that it touched only 
one side. I examined the tube, it had the appearance of having been cleaned at that time, 
but looked like it also had been recently discharged.
    In 2 or 3 hours afterward, when I heard it had been cleaned, I went back to see it and 
Simmons asked Burress to see it again and although we asked 2 or 3 times, I did not see it 
again. I never tried before to how long a gun had been fired, by examining it, don't pretend 
to tell how long it had been fired, whether 2 hours or 2 days.
 
CROSS EXAMINED:
If the pistol had been exposed to the open air I would have thought it just fired. I had 
been in the army 2 years. Can't at all determine how long it had been fired, depends some 
on the quality of powder, in California on the sea coast it rusts quicker.

----- Original Message -----
Subject: Part 17 Dye Murder Trial

Witness WASHINGTON WELSH
 
    I was at Dyes on Sunday about 1 o'clock. I went there with the coroner.  Saw some bars 
of lead, Allison got them from the cupboard. There were 2 bars, on cut, half an inch taken 
off one. These bars looked the same, one bright at the end. I saw the slug taken out 
of the old man's body and compared it with the bars. I think it the same. I examined for 
the lead, the prisoner said there was none except in the pouch, this was before the lead 
was found.
   Mrs. Dye was examined before the coroners jury. She said she didn't know who killed Dye 
and didn't hear any gun, but was awakened as if by a sound of a 1,000 bells in her ears. 
She said that he was standing or leaning against the bed, that she jumped up and pulled 
him into the bed. She had heard someone run, the south door was open. Someone jumped on 
the rock, leaped the fence and run through the meadow. 
    The next time she was examined she said the first think she knew, she was standing on 
the floor and she pushed the old man on the bed.
     We found the body on the bed lying straight. It was a straw bed with a feather bed 
on top. The bed wasn't tossed much, didn't look as if anyone had been lying on the back 
part. All the blood run around the body and none that I saw ran any other way. Some blood 
run down on bed, not larger than palm of hand. I examined the wound, hole in upper part 
of shirt sleeve, helped take shirt off, hole in shirt over hole in body. Hand powder burnt 
skin came off.
(REPORTER NOTES:One of the jurors sick/vomiting, allowed to retire with the officer to 
fresh air. Court room densely crowded-increasing interest.)
 
(REPORTER SIDE REMARK: If the prisoners statement, that he was on his feet be true, would 
there not have been traces of blood down Dyes body?)
 
CROSS EXAMINED:
(At the coroners inquest) On the first examination the prisoner told her story and some of 
the jury not satisfied with her evidence, she was recalled and questions were asked her, 
the jury (coroners) threw out her testimony, because of their opinion of her guilt.

----- Original Message ----- 
Subject: Part 18 Dye Murder Trial
Witness VANDEVER BANKS
 
    I was there on Sunday about 4 o'clock. I was the foreman of the coroners jury. The 
defendant was examined twice. She said she was roused from her sleep, and that Dye was 
standing with his feet on the floor leaning on the bed. She saw no other person, 
the south door was open and she heard someone on the rock.  She ran to the door and they 
ran off through the meadow, went like a horse trotting.
    The house was cleared for the examination of the corpse and the prisoner was dismissed. 
She was recalled, the was asked, "Did I understand you to say, Day was standing on the 
floor?" She said, "When I was aroused from my sleep, the first place I found myself, I 
was standing on the floor and Dye was on the floor by the bed. I took him in my arms and 
threw him on the bed, don't recollect anything more."
    I found Dye on his back in bed, length wise of bed, front part. He was straight 
except his head. His right arm on his breast. One wound above left eyebrow, skin and 
flesh to naked bone. Hadn't appearance of wound with bullet but hammer or hatchet. 
Bullet hole two inches above right nipple.  Hole in shirt directly over hole where he was 
shot, with the hole being 2" in diameter and looked burned. In round edges of hole in flesh 
there was cinder. In bend of arm, shirt burnt. There was one pillow under old man's head. 
It also appeared as if someone had hands upon it.
    Defendant said it was Dye's pistol. She said Dye used gun bullet molds, asked for 
balls and she said they were in bullet pouch. Got 3 small bullets, if not mistaken. 
She said it was all the lead in the house. The other bars of lead was found later. She 
said her brother (William Brown Jr.) and Burress were going to meeting at Jo Duncan's. I 
didn't see the house examined for money or holes.
 
CROSS EXAMINED:
The lead was found Monday on top of the cupboard. They said in the southwest corner of 
room where corpse lay, not visible to anyone passing by.
As far as I can recollect I have used the defendants' precise words.
I was at quarterly meeting on Saturday, common practice to have night meeting.
The house of meeting was 2 1/2 miles away from Dyes.
I have resided in the neighborhood for 20 years, and Dye 17 years. I am acquainted 
with Dyes relation there. William and Harrison lived in Illinois at the time of murder, I 
did not see them at meeting on Sunday.
Nothing was said about the letter until defendant gave it to me.
The deceased was a vigorous, healthy, laboring man, a money making man.
The committee searched for weapons which inflicted blow on the head and did not find any.
I think I am free of prejudice.

----- Original Message -----
Subject: Part 19 Dye Murder Trial

Witness CALVIN SIMMONS (PART 1)
 
    I live over 1 mile from the Dyes. I know Burress and had a conversation with him where 
he spoke about leaving. He wished to trade some cattle and I advised him not to go till fall. 
He said he had some difficulty with Dye and there had been some threats and that if 
anything happened it might be laid on him, had heard Dyes sons threaten him. Burress said 
old man might be killed and it would be laid on him.  
    Burress was at my house on Friday evening, came there as he said to go to evening meeting, 
was none, school house nearly one mile on the road. He stayed at my house that night, it 
was a pleasant night. My house is a little over a mile from Burress' house. I don't know 
anything about Burress getting up, he and I were in the house most of the time, my dorrs 
both open that evening. We talked till 11 o'clock that evening, saw him get in bed, don't 
know when he went home, he was gone when I got up. It was the first time he had ever 
stayed at my house.
    Burress was there again on Saturday evening, came about the same time with William 
Brown and they were going to meeting. They started in that direction, in about 30 minutes 
saw them come back. They stayed until between 9 and 10 o'clock, heard an alarm, Burress heard 
it first and said he heard someone hallooing, said it was at his house and started to 
go home. William Brown started after him, asked me to go but gave no reason, heard hallooing 
still. When Burress about halfway home by his supposed hallooing, I heard him answer his 
wife, as I thought, I thought past common, and started, soon heard a horn, Burress 
started in a run.  
    I think William Brown is 10 years old.
    At Dyes I found Brown, Burress, McConnell and Parker. Burress asked if Mrs. Dye could 
administer to the estate and if she couldn't, if anyone might, and perhaps he might if he 
could give security.
    I am well acquainted with Burress, he's not a moneyed man, had a couple of horses and 
some young cattle. He paid $170.00 for horses in gold last March.
 
CROSS EXAMINED
    Dyes sons and sons-in-laws have lived about him and recently have heard deceased 
threaten persoanl violence to him.
His sons-in-law are Bates, Lane and Samuel Brown.
Sons are William, Harrison and James. James lived near until last March, then moved 90 
or 100 miles away.
 
(Defense proposed at this time to prove that these sons and sons-in-law were violently
opposed to defendants marriage with deceased, that the old man was wealthy, that he was 
about to make a will and give most of his property to the defendant and her children, 
which these sons and sons-in-law knew. That they lived within convenient proximity 
to the old man to have committed the crime charged against the prisoner, that they were 
acquainted with the house in which he lived, his watch dogs and the premises about the 
house.)
Allowed to be proven.

Testimony continued:
Sons and sons-in-law have live near Dye, have heard Dye threaten the lives of his sons 
and heard his sons threaten violence to him. 
 
Do you know of express malice between Dye and any of his sons?
(Objected to / overruled)
Answers: If there was malice at the time of murder, I had no knowledge of it, there had 
been some, sometime before the murder.  
 
----- Original Message ----- 
Subject: Part 20 Dye Murder Trial

Witness CALVIN SIMMONS (PART 2)
    Dye, the defendant, 3 children and William Brown made up the family.  Burress was 
in the habit of going to church, was nothing strange in his coming there Friday night professing 
to go to church. Burress talked of going home about 9 o'clock, would have if I had not 
insisted on his staying. On the night before, my boy was frightened by a dog, there was 
talk of mad dogs in the neighborhood, and so I insisted on his staying.
    Had seen William Brown at meeting on Saturday, two other boys came and went to the meeting, 
would not be necessary to go all the way to see whether church was lighted up. Burress said 
his wife had been alarmed the night before, the dogs barked and got up against the door, 
heard dogs before this conversation.
    On Saturday night heard shouting and Burress said it was his wife, anxious I should go. 
Burress called William Brown and started, boy followed. When I got to Dyes, Burress had 
gone to Popes.
    Burress said Dye and he had agreed to be friends and Dye had agreed to shoot off 
his pistol, this on Sunday before.
    I notified the Dye boys, told William Dye his father was murdered, he asked how, I said 
he's shot, after a moment he said "she" did it. Dye boys asked me to go to the bed with 
them, stood there some time, and they went out of the north door together.  I did not 
hear them say then that Mrs. Dye did it, the Dye boys before they got to the house began 
accusing defendant. I said to Ferris and Leach that suspicion would rest on Mrs. Dye. 
Ferris thought not, I afterward explained that what the Dye boys said to me was the reason 
of my saying so, I know the Dye boys broached the suspicion against the prisoner.
    There was a lawsuit with Cassie Lane (Dye's daughter) about the money spoken of 
in the threatening letter.  
    I didn't see anything unreasonable or uncommon in Burress' conduct on Saturday for 
a near neighbor, either before or at Dyes house.
    Dye and his son James had drew knives against each other sometime before, James was 
shot by Carmichael, Dye said he wished Carmichael had killed him, wished he had put more 
powder in.  
    Dye threatened his son Peter, said he would shoot him as quick as a mad dog if he got 
his eye on him and had a great mind to follow him and shoot him. Peter and Dye both said 
they fought a little, Dye said he would have killed Peter if it had not been for Becca 
(defendant) preventing him.
    Dye kept a rifle and shotgun. Dye was wealthy, boys and girls complained Dye didn't 
give them enough.
    Dyes object was to make money, heard Dye say he loaned money, men coming for money 
and he being out.
    Dye said his wife took care of his money, he gave it to her to keep, furnished 
her what she wanted and called her his "bank". They lived harmoniously together as far as 
I know. She had 3 children, youngest over 2 years old. I have the 2 oldest now and heard 
that the youngest was taken from her in prison.
    Burress said the Dye boys thought Dye would make a will and give his property to 
young children and Mrs. Dye. Mrs. Dye spoke of jealousy between the older children 
and her and her children and said that if he would did without a will or providing them, 
they (others) would hardly let them live. He meant to make some arrangement by which defendant 
and children should have a good share of property. I have heard him speak frequently on 
the subject of a will, but not in the presence of his wife. Dye boys didn’t inquire 
much about a will nor about the property when they got to the house.
    Burress asked me to go home on Saturday night, gave no reason for request.  Burress 
belonged to Christian Church and I also. Burress preached some.
    Dye threatened the life of Lewis Deval, one of his sons-in-law.
    I understand malice to mean where folks have quarreled and made threats.
Neighbors never stayed with me all night before, when they only lived a mile off.
    Burress said his difficulty with Dye was settled a week before. I do not know as Dye 
boys had any malice except fuss and quarrels.
Peters fuss with Dye was 2 years ago.
Dye and James used knives 4 or 5 years ago.
I always thought Mrs. Dye had her own way about the house. 

----- Original Message ----- 
Subject: Part 21 Dye Murder Trial

Witness ANDREW CAMERON
    I saw Burress at Simmon's between sundown and dark. We went within 300 yards of the 
school house, no light, and Burress and I turned back. Burress said he had an appointment 
for next day to preach at Middletown, four and a half miles distant, didn't know as he 
should get to go as something might turn up and prevent him. We separated a quarter 
mile from Simmons and Burress and William Brown went back to Simmons.
 
CROSS EXAMINED:
We started to go to the meeting, in speaking of their disappointment in going to meeting, 
Burress said he had an appointment next day and something might turn up that he couldn't 
go.

----- Original Message -----
Subject: Part 22 Dye Murder Trial
Witness MR. CHASE
 
    The fall previous to Dyes death I bought $160.00 worth of Dyes cattle. Dye got out a 
small bag of gold and said, "this is what you paid me before." I paid him in gold, $20.00 
pieces and Dye gave it to her to take care of.
 
CROSS EXAMINED:
Cant' tell the amount in his purse, he told "Becca" to put it away.

----- Original Message ----- 
Subject: Part 23 Dye Murder Trial
Witness MARTHA OLIVE POPE
 
    I live a quarter of a mile from Dyes, to the west. I am the daughter of Elijah Pope. I 
heard discharge of firearms on Saturday night, also heard a horn, shot was first, couldn't 
tell in what direction it was. Heard it about 9 o'clock, had been asleep, I was in the middle 
room, didn't get up, went back to sleep between the firing of the pistol and the horn 
blowing, about an hour after gun was fired.
    Jesse Martin came and gave the alarm, it was 10 o'clock. I was there on Sunday, the 
defendant got the pistol out of a drawer, unlocked the drawer, it was in the forenoon.
 
CROSS EXAMINED:
My window was up, I had been asleep and was waked by the gun. I dropped back asleep and 
waked by the horn, knew nothing of the time except as I judged of time I was asleep. I 
did not hear dogs bark until alarm was given. I went to sleep in 10 to 15 minutes 
after I heard the pistol fired.

----- Original Message ----- 
Subject: Part 24 Dye Murder Trial
Witness  CAMPBELL McCONELL
 
    I was at Dyes on the evening of the murder. Burress came and hurrahed for us to go over 
to Dyes. I heard Burress stumbling along the road from Simmons, hallooing a good while. He 
appeared to be excited, asked if we didn't hear that noise? Alex asked what was the matter, 
and he said, something very bad, but did not know what. 
(OBJECTION MADE AS TO WHAT BURRESS SAID,,,,,,,,OVERRULED)
    We ran over quite fast, Burress kept ahead, we halted and he came running back and 
urged us on, still said something bad the matter, said he knew somebody must be dead, he 
thought it was strange, I asked if anybody was sick and he gave no reply, after which he 
said he was afraid sombody had fallen on his wife, in place of going home, he went to 
Dyes, the foremost man in the house.
    Mrs. Dye said somebody had come and killed the old man, someone asked if the old man 
was dead yet, thought it was Burress who asked. Child was dressed just as it was though 
day. Jesse Martin was there.
    Mrs. Dye said she went out to  milk the cows, just as she and some other lady was 
coming in she saw some person run away from the house and across the field. She said she 
was only frightened, that they went to bed at 7 o'clock, heard a great roaring in her ears 
and waked up, smelt powder, saw no one except the old man standing on his feet, back against 
the bed, she caught ahold of him and pulled him on the bed, spoke to him and he could not 
speak........."Oh, if he could have spoke."  She got up out of bed, then got her child 
and got up, she heard someone run over the stone steps. Said the old man was leaning 
against the bed, kind of steadying himself. I stayed there an hour and a half.  
    At Alex's I was out of doors, heard nothing but dogs barking. Burress made such a noise 
from Simmons, I thought it was Vintoxe, a crazy man. I heard no fuss until I heard Burress 
and we started over, then heard horn. The dogs had barked 10 or 15 minutes before I 
heard Burress.
 
CROSS EXAMINED:
Had heard someone mention of a noise of a alarm at Dyes that night before we started.
Burress was so excited I thought it was an old blind horse, then took him to be the crazy 
man.
It was very light night.
They all ran off in a trot, I am a tolerable fast runner, anyhow, Burress and I was ahead 
when we talked.
 
REPORTERS SIDE NOTE:
Consideralbe mirth provoked by the witness' manner of narrating.
 
Mrs. Dye did not say she saw a man run out of the house when she came from milking, 
but she saw the man run across the rocks.
Burress talked considerable when we were there, his mouth was not shut all the time.
I don't know as I ever told anybody what I knew, told them at home what I'd have to 
swear to.

----- Original Message ----- 
Subject: Part 25 Dye Murder Trial
Witness J. M. PARKER
 
    I saw Burress on Saturday night, in the lane near Mr. McConnells. Burress called for 
McConnell to go and said he wouldn't go unless I went. Burress said there was a fuss at 
Dyes and wanted us to go over. We went about the time the horn blowed.
    He said there must be a murder or something, Burress kept talking, didn't notice what 
he said, he seemed to be all excited.
    Whe we went into Dyes house, 2 children in bed and 1 in the cradle, when taken up, 
was dressed.
    Before we started, heard dogs barking and noise, could hear a voice all the while, but 
the dogs were barking and didn't notice particularly, it seemed like children crying.
 
CROSS EXAMINED:
Burress asked if we heard that noise over at Dyes, Me and he hadn't noticed it.
Burress started 
full dash to run and we after him, run 300 yards and then walked, got to the gate together.
Burress didn't come back after we started.
Child had on a reddish dress, a tolerably dark night, starlight, no moonlight.

----- Original Message ----- 
Subject: Part 26 Dye Murder Trial
Witness PAULINE MARTIN
 
    I am the wife of Jesse Martin. I was at home on the night of the murder.  Retired at 
9 o'clock or after. I was at the door a few minutes before I went to bed, saw a light, supposed 
it to be at Dyes north window. It was after my husband had laid down, had not been to 
sleep, half an hour afterward heard someone halloo 3 or 4 times. I heard someone say 
"O, Lord," we got up and I went to the stove to get a light and Jesse went to the door.
 
CROSS EXAMINED:
I guessed at the time, went to bed a few minutes after my husband, saw the light from 
the door.
There is a fireplace in the house, it was a tolerable light night, was up sometime 
after dark, had frequently seen a light there, nothing strange in it.
I did not hear dogs bark up to the time of hearing someone say, "O, Lord."

----- Original Message ----- 
Subject: Part 27 Dye Murder Trial
Witness WILLIAM DYE

    I know Stoakley P. Ray.  I have seen him write and would know it. 
(LETTER SHOWN)
    I think that letter is in Ray's hand writing. I was at Dyes soon after the letter was 
found. It was brought out to ascertain who wrote it. Burress, Dye and Mrs. Dye and I were 
present. I offered to go and get Ray to write a note for me so we could tell if he wrote it. 
Burress finally agreed to go, we separated and I went to Dyes afterwards. Mrs. Dye told me 
Burress went to Rays and said it was not his writing but didn't bring any of it as a specimen 
as he was to do.
    I was at Dyes on Sunday and saw the pistol brought out behind the barn.  Burress came 
out and said that Mrs. Dye said it was locked up, he went back and got it. I examined 
it and thought it had been discharged lately, and I was also present when Baker examined house 
for money, but found none where Dye kept it.
 
CROSS EXAMINED:
I judged the letter to be all in one hand, have examined feigned hand writing, can't tell 
where I proposed to test Rays hand writing, was going to see Ray but defendant proposed 
Burress should go.
Defendant said that I would be mistrusted and to let Burress go.  I didn't say anything 
against Burress going.
 
Father and I had had difficulty about a yoke of steers, on good terms then, about a week 
afterwards.
 
Burress and defendant said the letter was not Rays.  
I did tell 
Simmons that it was the defendant who had committed the murder, when I went to Dyes I didn't 
speak to defendant at all.
 
I've helped attorneys to prosecute.
Pistol was black at the muzzle, don't know how it would appear if shot off a week.

----- Original Message ----- 
Subject: Part 28 Dye Murder Trial
Witness ELIJAH JONES (recalled)
 
    The defendant borrowed $150.00 from me. I had a conversation with Burress about repayment 
of the money. It was in Dyes barnyard in April or May last. I asked Dye what the fuss was 
about, that "money was needed to settle" and Burress said to me "you need not be uneasy about 
the money, as I will see the last cent of it paid. Mrs. Dye paid $60.00 in paper and 
Burress the other.
 
CROSS EXAMINED:
I alluded to the fuss Mrs. Dye spoke of, I don't know what fuss she meant.

----- Original Message ----- 
Subject: Part 29 Dye Murder Trial
Witness SAMUEL BATES    
    
    I was at Dyes on Sunday. I helped dispose of the bed, under tick was corn shucks. It 
was 2 feather beds on shuck bed, largest one on top. I found a small quantity of feathers 
bloody, only run through at his elbow, bed didn't look as if anyone had laid between the 
old man and back part of bed, except a child lying across the bed oatering, its head near 
foot post and feet near the old mans knees. 
    I saw Burress and defendant standing together, appeared to be holding conversation. 
Mrs. Dye stood off 2 or 3 steps, defendant left Dyes and started down to Burress', this 
was Sunday night.
    I could have held all the feathers that had blood on them in my hand.  Baker the 
public administrator searched for money on Wednesday, I think.
 
CROSS EXAMINED:
I am son-in-law of Dyes. I don't know of any of the sons having claims on Dye. I have no 
personal knowledge of any of them having fuss with him.
Eight or nine years ago I swore my life against Dye.
I was not in the house much after the murder. I and the Dye boys had free access to 
the house until the next Wednesday, didn't see them examine the house for money, didn't 
speak to defendant nor her children at all.
I don't know who told her to go to Burress' to stay.
I did not see Mrs. Dye shed a tear.
I have never made a calculation how much my wife’s share would be in the case the prisoner 
should be hung, never swore so at Rushville.
Some of the boys were there and my wife had possession till Tuesday, when probate 
sent men down.
In the house my wife and sister saw things took care of, I didn't take possession.
There wasn't any pillow on the backside of the bed, bed seem smooth except where child 
lay, didn't examine the bed till legs were straightened, about 12 o'clock on Sunday

----- Original Message ----- 
Subject: Part 30 Dye Murder Trial
Witness JAMES E. ROBERTS
 
    I was present at Dyes on Monday, coroners jury sitting. It ended middle of afternoon. I 
saw defendant there and Burress was there when defendant was arrested.
 
(question asked)
Why was Burress not arrested then?
(answer)
"He run"
 
(This was objected to)
with the court saying no evidence of Burress' acts can be given on grounds of conspiracy, 
which took place after the completion of the murder,,,,,,,if prisoner had fled that would 
have been competent testimony.

----- Original Message ----- 
Subject: Part 31 Dye Murder Trial
Witness PATRICK CAMERON
 
    I was at Dyes on Sunday, saw the pistol, thought it had been washed lately, it wasn't dry 
or wet but damp. Martin stuck a stick in it and brought out damp powder, didn't look as if it 
had been shot, think it had just been washed.
    I examined for tracks, found trail though the meadow, red top grass, didn't appear to 
have been track, saw no footsteps, tried and could not make any. The grass half leg high, I 
didn't run through. About the SW corner of a field saw marks on fence, looked like a man 
had marked it by scraping his feet on the fence, bruised the grass, found 3 tracks in 
the cattle path, about as a man would make running, 2 tracks full, one boot run over at 
the heal, this a left foot. Examined further for tracks, couldn't find any, this looked 
like they would make the same kind of tracks. Half an hour afterward I saw Burress' 
boots.
I looked at the body, defendant was there, don't think she was much affected.
 
CROSS EXAMINED:
Can't tell how trail was made. It was in the direction Mrs. Dye pointed, saw track on grass 
near fence, looked like a boot had been pressed hard, and turned back and forth to make a 
track.
It had rained 2 days before.
I don't know how a pistol will appear after shooting, powder brought with stick not mud, but 
damp on finger.
What I mean to say is the tracks we found are plainer then the ones we made.

----- Original Message ----- 
Subject: Part 32 Dye Murder Trial
Witness WILLIAM L. PARKER
 
    On the night of the murder I was at meeting in Macomb (ILL.), Stoakley Ray was there 
and stayed all night.
    I have lived in the neighborhood some years.  I knew of difficulty between James Dye 
Jr. and his father.
(EVIDENCE OF THIS MERE QUARREL RULED OUT)
 
Ray lived in direction of tracks, about 1 mile SW of Dyes house

----- Original Message -----
Subject: Part 33 Dye Murder Trial
Witness DR. FERRIS
 
AUTOPSY-PART 1
    I am a physician and live in Hancock Co. I saw the body of the deceased about 11 
o'clock on Sunday. I found the body on the bed, one arm across his chest, head nearly straight, 
turned a little to the left. I found a wound over his left eye, one and a quarter inches 
long and one inch wide that extended to the temple. The skin was broke and removed, bone 
entirely naked, bone fractured but not much depression. I didn't examine the fracture 
critically, pressed it down quarter of an inch, made no examination with instruments, 
not much bleeding from that wound, with some blood run down on left side, flowed to 
pillow, not much on pillow, blood dried on the pillow. Some blood from each nostril, 
blood flowed down, didn't notice any discharge from the mouth.
    I discovered a wound in the right breast, gunshot wound, shirt burned some, hole one 
inch in diameter, scorched perhaps two inches, some powder marks, beyond could see the hole 
in the body through hole in shirt, shirt hole was nearly round. The right hand or wrist 
was blackened, the hair singed, shirt didn't adhere much, a little where the blood ran 
down wound, oval form, seemed made by some round substance, longest diagonal direction, 
hole seemed to have closed up, slightly inverted, probed it, passed in an obliq-direction 
towards the left hip bone through left lung, liver and diaphragm, into the cavity of 
the abdomen. Couldn't follow it any farther, it went straight, struck one rib, broke it 
where it entered, it was the 4th or 5th rib. On further search found the slug in the 
cavity of the abdomen, gave it to Dr. Griffith.
(Slug identified)

----- Original Message ----- 
Subject: Part 34 Dye Murder Trial

Witness DR. FERRIS
FINISH OF AUTOPSY
 
    No mark of powder on Dyes body where shirt was burnt, the body was blackened. The 
slug cut the large vein of the vena cava ascending, I think, in the liver it must have 
destroyed the circulation. Blood from the surface had flowed down and been absorbed by 
the bed. Had been internal hemorrhage, can't tell how much but in cavities may have been 
a gallon, half gallon or more than a gallon deposited in the cavity of the abdomen 
principally. Didn't discover any coagula, entirely fluid.
    Made examination 5 o'clock Sunday, Dr. Griffith assisted. Slug was resting on the illium, 
which sustained the thigh bone.  
    Such a blow would prostrate a man so that he couldn't get up, he would fall immediately, 
if lying down, couldn't get up, the blow might produce death, wouldn't expect a person to 
survive, death would ensue pretty soon, that effect would be paralysis, would fall 
instantaneously.
    The other wound would produce death as soon as he would bleed to death, hemorrhage 
would be the cause, person would fall soon after being shot, might fall in a few minutes 
or less, might propably rise if lying down, if vena cava cut would bleed to death in 
a minute.
    I think the wound in the head was inflicted before the other, can't form a definite 
opinion as to whether wound in side was inflicted before or after death. I think that 
there was enough blood in cavity for it to be done in life, it would be likely the descending 
aorta would be injured, no inflamation about either. If both wounds inflicted at same time, 
he couldn't rise, and if standing up could not rise.
 
Evening of 27th a pleasant, warm, difficult to tell how long it would take limbs to 
stiffen, maybe 3 or 4 hours or longer, it wouldn't take less then 3 hours.  Wounds cause 
of death, either would produce death, I think he received one in head first, solid place 
in the bone, required a hard blow. The blood flow immediately, wouldn't make much difference 
whether he was standing up or lying down as to the bleeding. Pistol must have been near, 
perhaps 2 feet between beds, more or less.
 
REPORTER NOTES:
The cross examination of this witness was conducted with great conciseness and ability, and 
showed some uncertainty in some of the points of testimony as given above.
 
During the trial this week there was a regular and crowed audience, sometimes almost to 
suffocation. The defendant after court adjourned was taken to prison and with no objection 
made, leave was given to the jury to attend church in a body, under the charge of officers 
Waggoner and Green.

----- Original Message ----- 
Subject: Part 35 Dye Murder Trial
Witness ELIZABETH BEASON (Part 1)
 
    I was living at Burress' house. I've been living with Burress family about 3 years. 
They moved in one of Dyes' houses February before. Don't recollect exactly time when Dye 
was murdered. I went in old man Dyes house a number of times before. They had finished 
planting corn on Friday before Dye was killed. I was in habit of getting milk and butter 
at Dyes, it was kept in the smokehouse. I was at Dyes Friday evening to milk. I milked 
there night and morning regularly. I was there Friday evening after milk and butter.
    Mrs. Pope and Mrs. Jones were at Burress' visiting, Jones wasn't an hour I dont' think. 
Dye came out of house with pistol and went down by smokehouse and shot it off, I saw him 
have pistol in his hand as he came out and as he went in again. I was in the smokehouse 
when pistol was fired off, this was the last I seen of pistol.
    I saw Dye several times Saturday, last time he was sitting at the table eating 
his supper.
    I was over at Mrs. Dyes, went over to help milk, went over just before dark, after 
sundown, getting a little dark. He went to supper few moments after I went. 
Mrs. Dye and I went together to milk, we most always went together. I got half the butter 
and milk for helping milk. Mrs. Dye turned cows in yard, 7 cows, all heifers but 1 or 2, 
they all had young calves that were sucking, calves sucked what we milked, we didn't take 
much milk from them, when we let them into the calves we commenced to milk, were not 
but a few minutes milking when she turned them through the first gate. Mrs. Dye came back 
after buckets and we took a bucket apiece, saw someone run through stock-gate then went 
into pasture, I saw it first, don't know who it was, it was a man, he was as far again 
as across this courthouse and I think more, there was a fence between him and me, he 
was running and heard him go through gate and gate shut very hard after him.  It was 
not far from house, saw him just as we were going into milk yard, we milked in little 
pen adjoining barnyard. After we got through milking I took cup of milk and went home, 
came through barnyard gate and went right home. Mrs. Dye went to house. It was about dark 
by this time, didn't see William Brown (boy) after I went to milk.
    I was at home Friday night, was very much alarmed by dogs Friday night, they cut 
up powerfully, they were Burress' dogs. I went to bed Saturday night not long after I 
got home, had milk to put away which I took home, fixed bed, stripped my child, went to bed 
immediately. I told Burress about seeing the man, got through smoking before I went.
    I heard the alarm that night, it was near nine, I should suppose, had not been to sleep, 
it was good 3/4 of an hour, there was barking of dogs good little spell before I heard 
alarm, they barked fierce. When first heard hollering thought it was boys, it was so 
constant, got up and opened door, thought I heard her say, "Lord have mercy, Pap you have 
killed me," afterwards, "oh Lord, Oh Lord, someone has killed Pap." I asked what was 
the matter and she said someone had shot Pap and for us to come there. We didn't go, 
was afraid, Mrs. Burress hollered and told her to blow horn, she blew it.
    Mrs. Dye always called him "Pap" or "the old man."
    I milked at Dyes usually, was there a good deal. I lived in kitchen, first time came 
there in April and went away in August, came back in February.
    Dye and defendant lived as kindly together as any person I ever saw.

----- Original Message ----- 
Subject: Part 36 Dye Murder Trial
Witness ELIZABETH BEASON (Part 2)
 
CROSS EXAMINED:
    
    I first resided with Burress' in Indiana, lived with him off and on from time I first 
went into the family. I am a married woman, suppose husband living, lived with Burress' 
family since Burress came to live in McDonough County.
    I helped milk, got half the milk and half the butter. Mrs. Dye owned the cows, it 
was sundown, not dark.
    Dye was in the house and defendant holding her baby, I put child in cradle while Mrs. 
Dye went to turn cows in yard, was near big gate when I first saw a man, he was little ways 
from south gate, could if it had been day light. He looked as though he had dark clothes 
on, tallish man, heard man jump fence, appears to have heavy boots on, going nearer 
south then otherwise, going from big road, across corner of garden.
(LOOKS AT PLOT AND EXPLAINED WHERE HE RUN)
    Nobody at Burress' Saturday evening but Mrs. Burress and children. Burress eat supper 
at home about sundown, saw no more of Burress after that, next saw Burress after Dye 
was killed, I think it was dusk, don't recollect exactly, it was right smart along in 
the night.
    I put the baby in cradle, didn't go to sleep, other children in bed, noth corner bed, 
one of them awoke, baby had on dark colored dress, open in behind, plain waist, dress made 
of dark gingham I think, neither of us undressed it.
    Heard Burress dogs bark before I heard voice, heard Mrs. Dyes voice, was afraid, 
Mrs. Burress told her we couldn't come and to blow the horn. Mrs. Burress was cowardly 
and I was afraid too.  
    I fixed my own bed, put one cover on, stripped my own child, child was 2 years old 
then.
    I was disturbed Friday night all night by dogs, they were fierce. Burress not at
home, I was alarmed, looked before I went to see what was the matter, dogs had barked some 
night before that, don’t recollect of being disturbed or frightened Thursday night or 
whether Burress was at home that night.
    I saw Dye come out of house with pistol Friday night, don't know what kind of pisol 
it was, have seen pistol before, don't know whether Brown boy was there or not.
 
Could not have told the man I saw at Dyes if I had known him.
I always took milk home and put it in the cupboard, have been living at Mrs. Burress' 
since Dyes death, didn't look at clock at Dyes because it was never right.
I have but one child.
 
RE-EXAMINED:
Took half gallon, took cup of milk home just to put in tea, we made butter together.  
The man saw straight back from barn. Gate opens into pasture lot, man turned a little to 
right, run out to open ground and through meadow fence, couldn't see him, many steps, but 
could hear him run.

----- Original Message ----- 
Subject: Part 37 Dye Murder Trial
Witness WILLIAM BROWN
 
    I was hired with James Dye last spring. I was at Dyes the day before he was killed. I was 
there Saturday making fence. I went to Simmons between sundown and dark, went into Burress' 
house, eat supper before, then we went to where meeting was and found there was none and 
came back to Simmons.
    Went up the road, he (Burress) was with me all the time except at Simmons, and he was 
then in the house. I was at Simmons stable when Burress started back, caught Burress 
or he stopped me.
    Dye fired off pistol Friday evening, I came up on horse Saturday evening.  Burress 
then dressed up, asked him where he was going. He said to meeting and asked me if I didn't 
want to go along, I said I guessed not, and old man Dye said I might as well go, 
concluded I would. Dye took the horse and put him in the stable and I went and got my supper 
and then we started for the meeting.
 
CROSS EXAMINED:
    I am going on 17 years old, lived at Dyes about a year, been living since then part 
of the time at my fathers in Hancock Co. and since then at Burress's.
    Planted corn Thursday and Friday, got through some time afternoon, sometime after 
dinner. Didn't do anything Friday after through Friday, fed some horses before sundown, 
5 head, feed alone, fed horses before sundown, sun got down before I got through, 
was at house before I fed horses, Dye was there, don't think anybody else was.  I think 
defendant was at Burress's, she was there before supper, I eat supper with defendant 
Friday evening.
    I was in the house when Dye went out and shot pistol off, said nothing, don't know 
how long it had been loaded or what it was loaded with. He went out north, behind 
smokehouse, was some fire by well, heard it, did not see him shoot it off.
    I was at Dyes Friday night all night, went to meeting Saturday, did not start to 
go Friday evening, made fence before noon, didn't see anything of Burress or Martha Jane 
Burress, nor Martha Jane Lincoln, worked until dinner, all took dinner together, 
no talk about going to meeting, worked till towards sundown, then went to Alex McConnells, 
gone few moments, not more than quarter of an hour, worked Saturday, little pieces 
from house.
    Dye was hauling rails, rode to Alex McConnells alone, when I came back Burress was 
standing by wood pile talking to old man Dye, didn't stop on way till we got to Simmons, 
James Williams and Crowder came along, didn't go with Burress anywhere Friday evening and 
I think what week.
    Burress didn't go back after we started, testified before coroners jury, didn't tell 
them pistol had been shot off, never told anybody Sunday that pistol had been shot off 
in 10 days, never swore before coroners jury that Burress came back and I waited for 
him till I got tired of waiting.
    Don't think I went to Alex McConnells Friday night, think I took another mare to 
McConnells Friday noon, I took up 2 different mares.
 
(PERSONAL NOTE)
Of all the testimonies,,,,,this one was the one that was recorded in the most herky-jerky 
way,,,,,
very hard to follow along.
It appears by the answers,,,,,the questions bounced all over the place.

----- Original Message ----- 
Subject: Part 38 Dye Murder Trial
MORE ON WILLIAM BROWN TESTIMONY
 
(PERSONAL NOTE: it appears that a great deal of discussion about what William Brown said 
or didn't say was debated back and forth between the lawyers)
 
VANDEVER BANKS foreman of the coroners jury states:
William Brown Jr. testified before coroners jury that he started from Dyes with Burress, 
court recollects all the words he stated, he said he stopped on the road and Burress stated 
to him that he forgot something, he said Burress came back to him and then Burress came 
and they went on, I think he said at a thicket below Mr. Dyes I used Brown's boy language 
as near as I can recollect, note it was Saturday evening, various questions was put to him 
by various persons, think he first told his story about starting and Burress stopping 
him saying he had forgot something, and told part of his story same as he testified 
today.
 
WASHINGTON WELSH another member of coroners jury states:
I think I recollect every word.  Brown was asked who first named him to go to the meeting, 
said Mrs. Dye at dinner and that she told him Burress wanted him to go, swore that 
Burress asked him to go in the evening. A good many questions asked, don't pretend to 
state exactly what he said, don't recollect whether he said anything about Burress' 
stopping. I am satisfied I caught him about who asked him to go to meeting.
 
JOSEPH WHITE also member of coroners jury states:
I think Brown swore Burress asked him to go to meeting Saturday evening, don't recollect 
of his saying anything about Burress stopping and saying he had forgot something 
or of Mrs. Dye telling him to go to meeting at noon. I was present during the whole time 
of inquest, dont' pretend to dispute what Mr. Banks said, only state what I recollect 
what I did not hear myself.

----- Original Message ----- 
Subject: Part 39 Dye Murder Trial
Note:  William Brown was the last to testify.
 
BEGINING OF 6TH DAY OF TRIAL
REPORTERS NOTES:
 
    For an hour before the appointed time, the officers were busy seating the crowd that 
thronged the house and long before the commencement of business it was impossible 
for anyone to get a seat. The ladies had to be seated first and back, back, the masculines 
were crowded until the adjoined rooms were "stowed away alive" and many could not find an 
entrance.
    Great interest was made to, led by the ladies, but they shed few tears for the prisoner, 
and the most touching appeals of the counsel, addressed to the jury merely aroused the 
semblance of pity among the female portion of the audience.

----- Original Message ----- 
Subject: Part 40 Dye Murder Trial
Lawyer BRYANT SCOFIELD
 
Lawyer for the prosecution:
Gentleman of the jury,
    In coming before you in a case like the present, I feel my inability and am impressed 
with the responsibility of the duties I am about to discharge. What few reasons I may offer 
you I hope will be given and received with a candor appropriate to the occasion. You 
have been reminded of the imperfection of all human judgment and I may add, that a case 
seldom occurs like the present, where there are so many circumstances and reasons that 
point to the prisoners guilt, when your judgments may not easily arrive at a correct 
conclusion.
    It is not my duty in opening the argument to appeal to your prejudices or excite your 
sympathies, not is it my desire. I have no smiles to give, no tears to shed. When the 
law holds a guilty one to account for an atrocious crime as murder of old Dye, where the 
partner of his bosom could deprive him of that life she should have protected.
    The law has already been laid before you with great force and the prosecuting 
attorney has alluded to the circumstances and reasons why the prisoner was arrested.
    The defense have attempted to turn your mind from the woman, and place it upon old 
man Dyes sons. They know if they can by any means create the possibility of the Dye boys 
having committed the act, it will cast doubt upon her guilt. Let us see if Mrs. Dye was 
arrested in consequence of the acts of the sons. Upon the return of the coroners 
verdict, the prisoner was arrested. Was the verdict caused by their acts?
    Let us see. The (coroners) jury sat with closed doors. Now the Dye boys were admitted 
to testify upon the same room that the woman, Burress and the boy Brown were there, they 
stood on legal grounds, their whole story was heard and it was not until that woman gave 
in her testimony reasoned by that of Burress and that of the boy, that the coroners 
jury came to the conclusion of her guilt, and ruled out her statement for that reason.
    It was not therefore Dyes sons that caused the arrest.  If you understood then from 
the opening remarks of Mr. Walker that the boys were the cause, you see how you have been 
deceived. That jury were acting under their oaths.
    The evidence disclosed that this wife and Burress and Ray did the deeds and they (the 
jury) had nothing to do but to return their verdict according. My friend Mr. Walker 
referred to "hired counsel" and truly, because the sons of this old man who had been murdered 
should be willing to employ assistant counsel, there must be something dark on their side. 
That they ought not to have engaged assistance to prosecute this "innocent woman", did 
I say? Not this criminal whose hands are reeking in the blood of her own husband.
 
REPORTERS SIDE NOTE:
Mr. Schofield went to an elaborate recitation of the various points in the evidence 
and with considerable force and pointedness, he arrayed them before the jury, as showing 
her guilt beyond a doubt.
 
Schofield continues:
    You need no evidence of physicians to show you whether Dye ever ended upon the floor 
after he was wounded, even Simmons as eager as he was to find blood upon the floor, could 
not find one drop. Could Dye have received those wounds in bed, got up on the floor and 
not one trace of blood found on the floor or down the body of the deceased? Evidence 
shown you too, that the arm and shirt were never removed at all after the slug shot.
    No stranger, nor robber did that deed, they would have sought a more favorable 
opportunity, would not have chosen so early an hour and while there was light burning in 
the fireplace.
 
REPORTER NOTES:
    The speaker (Scofield) closed his remarks at 5 minutes before 1 p.m. after speaking 
energetic and declamatory style for over 4 and 1/2 hours. His allusions to the prisoner 
were peculiarly pointed and quite personal, but he followed the chain of evidence in 
a masterly manner.

----- Original Message ----- 
Subject: Part 41 Dye Murder Trial
Lawyer LEWIS W. ROSS
 
Lawyer for the defense
 
(Personal note: The first 10 to 12 lines of article were to smudged to make out, but 
hopefully we didn't miss much more than, "Gentleman of the Jury",
 
    Have you ever seen so extravagant an effort on the part of a prosecution as that made 
by the gentleman last night? An effort so full of enuclations and hard sounding names? If 
all the evidence be true as the gentleman would have you believe, is there sufficient 
testimony when analyzed and examined with a verity, to convince our minds of this prisoners 
guilt, when the price of a mistake will be the innocent blood of a human being?
    The prosecution knew there would be an improbability of a wife committing as foul a 
crime, you have in their imaginations formed a hypothesis which brings in Burress. 
The motive they have alleged for the deed is Dyes money and a criminal intercourse 
with Burress and how signally have they failed to establish either. Mr. Schofield 
last night charged that woman with lying and that, after the most gross and flagrant 
misrepresentation of the evidence himself.
    It appears to me that a prosecutor against the life of a human being sent to respect 
the truth. Now I leave it to you to say who lied the most. The gentleman said he had no 
tears to shed, nor he would have been a faithful aid to Robespierre in his cause for 
blood that deluged all of France, and he can look forward to the execution of the friendless 
woman, and have no tears shed! I should think a man might, who could charge a woman, 
arraigned for her life, that she lied and with a common gesture turn towards the prisoner 
and shake his clenched fist in her very face.
    And those sons of Dyes, cut another figure in this case,,,, that son who has been 
driven from his old fathers door, he who has made himself liable for $900.00,,,,
he is the 
only witness who testified to any disagreement between Dye and his wife.
 
REPORTER NOTES:
Here the speaker took up the evidence and spoke at length of the Dye boys and assailed 
their manner of giving testimony and the motives they had in making a strong case by 
their own evidence. This portion of his remarks was disconnected but full of searching 
irony and keen sarcasm.
 
ROSS CONTINUES:
    And now gentleman I have nearly concluded my remarks. Look at the character of this case 
and then at the evidence. Notice the fact that nearly all the evidence has been made from 
these sons and sons-in-law who testify that they hardly knew the young children of Dye by 
this woman. They have not spoken to them and Harrison Dye is the man who testified 
of this woman that "he liked her sometimes as well as his wife." He shows an entire want 
of moral virtue. These witnesses are they of whom Dye said in his lifetime, if he should drop 
off, they wouldn't let her live and how well he understood their hearts.
    Gentleman, women do not murder for money, they have other passions and other faults 
but this cannot be charged against them. It is to unnatural to believe that the wife could
 do such a deed. I will not deny that suspicion points to her, it points to others too. 
Then, how should you be in arriving at a conclusion?  Every suspicion had been arrayed 
against the prisoner. The county of McDonough has ransacked from one end to the other for 
proof of her guilt and while the motive points to the sons of Dye as having committed 
the crime, they have been scouring the county for proof against her, while she has been 
incarcerated in a dungeon.
    You gentleman have absolute power over her life, as great a power as that possessed by 
any despot on earth, you may take her life lawfully or you may do it in ergo and aid the 
Dye boys in their thirst for her blood. Are there not reasonable doubts of her guilt? Nay do 
you believe there is even a reasonable probability of her guilt?
 
REPORTER NOTES:
Mr. Ross spoke nearly 3 hours, during which time there was marked impression upon the 
auditory. 
 
----- Original Message ----- 
Subject: Part 42 Dye Murder Trial
Lawyer W. C. GOUDY
 
Lawyer for the prosecution:
    Gentleman, Among the attorneys interested in this case, I hold a position different from 
the others. They have all been employed by parties interested, while I stand as the 
representation of the people, without any remuneration.
    The oath under which I am acting is the same as yours. I am under the same responsibility 
that you are and the same solemnity. It is not my duty to prosecute if the evidence 
fails to establish guilt. We are therefore seen to do only duty under the same circumstances. 
I have no desire to urge upon you the conviction of the accused, unless the evidence 
is clear and sufficient. I would not stand before you now if I were not thoroughly 
convinced of her guilt.
    The idea the prosecution should not appeal to the passions or sympathies of a jury to 
aid in conviction is certainly correct, but let those gentleman who lay down the rules 
for us, but careful that they follow it themselves. Are they to make use of every means 
in their power? Why they answer, are we not on the side of mercy? They caution us to be 
careful lest we stain ones hands in innocent blood.  Let them beware that these are not 
stained with the blood of old man Dyes, if the defendant be guilty, such may not be 
their situation.
    Why do they talk of Harrison Dye getting powder, and why say anything about the policy 
of capital punishment, if it be not to reach your prejudices and damper your paths. They 
even insinuate that you may think the prisoner is guilty. Your notions of capital 
punishment can have no bearing, it the evidence shows her guilty, you have but one duty 
to perform, if otherwise, no one will rejoice over her acquittal more than I.
    The blow which resulted in Dyes death was unseen. Your are to judge by the circumstances 
in the case whether the prisoner was concerned in the deed.
 
REPORTER NOTES:
Goudy leads at length on circumstantial evidence.
 
Goudy continues:
    This is the law. No matter what your opinion may have been. You see we are to make a 
hypothesis. All the facts must point to the guilt of the accused or we fall. Now try the 
facts and see which hypothesis is sustained.
    I stated that I would mention the facts, some are true and some are fictitious. 
Those which are to fasten the guilt upon the accused and her fictious statements 
have the same effect. The question is, who made the wounds?  I propose to inquire
which wound came first, and then how they were given and by whom. Now the slug must have 
been fired first from the pistol, and not from a gun, for they could not have got near 
enough to the body to have need a gun, and the slug have passed in the direction 
it did.
 
REPORTER NOTES:
Here Goudy took up the series of events brought out in the evidence and in a convincing 
manner arrayed them before the jury, dwelling with considerable length upon the circumstances 
and followed them all through to the same end......The prisoners guilt.
 
Goudy continues:
    Now Gentlemen, compare the evidence with our hypothesis. Does that not show that there
was a conspiracy between Burress and the accused to commit this murder? That Burress was 
to take the boy Brown to the meeting? He was to return when the old man was asleep and 
give him the blow upon the heard, that at the proper time the defendant was to fire the 
slug into old mans body and give off the alarm, and that Burress was to be safely housed 
at Simmons so he could easily prove an alibi. Does the evidence support this hypothesis 
or does it point to the Dye boys?
    Why think you of a witness' statement that the old man was upon his feet and get 
not one drop of blood anywhere that traced down his body? They say the prisoner had no
means in prepare for the trial. This is not true for more able counsel for the defense 
have arrayed are not to be found in the state,,,their very name is a guardian that all 
has been done that can be done. As far as I am concerned, the case is now in your hands. 
The gentleman have insinuated that you can do as you please in relation to her guilt. This 
is not true,,,,,,your path has defined your duty. Before you acquit there must be such a 
reasonable doubt to prevent a conviction. It must be no conjecture, but a moral inability 
to decide.

----- Original Message ----- 
Subject: Part 43 Dye Murder Trial
Lawyer JULIUS MANNING
 
Lawyer for the Defense:
    In a case like the present, gentleman, I cannot promise not to be tedious.  If I were to 
console my own convenience only, I might do so, but I stand here a representative of 
that life which by law has placed in jeopardy and when I reflect that I may utter some 
thought that may open a train of decision in your minds that may result in saving the 
life of an innocent being. I feel I must utter my thoughts and feelings, although I 
may thereby trespass upon your time. You are the judges of the law, that individual 
is charged with having committed the foulest crime which is know to our law.
    It is true that the life of one prisoner is held as accuses as others, but where the 
wife of a mans bosom is charged with the murder of her own companion, there is something 
revolting of it, that we shrink with horror from such a vision. Woman is not prone to 
crime. How many among your acquaintances have been guilty of crimes? I charge you this 
day, do your duty, do but justice.
    We are trying whether this woman shall be killed! Now, from whence do we derive our 
right, if not from natures law. At best then, it is but legalized murder, for what right 
have 10,000 to do the act that one man has no right to do. It is true that we have to 
execute the law, but suppose you and yourselves compelled, as you may think, to shed that 
woman’s blood. Do you know you are right, as the Almighty would, if he were executing 
one of his judgments upon an offender? But suppose in time you should find you had erred, 
what would then be your reflection? This is a case of entirely circumstantial evidence, 
as no one but the "all seeing eye" saw the blow. How can mortal man determine by his 
reason to a certainty who struck the blow?
    
REPORTER NOTES:
Mr. Manning read on circumstantial evidence at large and illustrated the degree of such 
evidence. He first spoke of Burress' assumed connection with the murder and here made 
several strong points in the argument for the defense. His speech was systematic, 
thorough and in detail. We give but a very few.
 
MANNING CONTINUES:
    The hypothesis is that Burress was to be at Simmons when the outcry was given, so 
that he could prove an alibi. That is not reasonable. He would have remained nearer. The 
woman would require it. Her heart might shrink and such could not have been an agreed plan. But 
they say he sat down in Simmons' door and was the first to hear the alarm.  Well, suppose 
he was where they would have him, and what if he did notice the outcry before Simmons? It 
was in the direction of his own house. Is that an evidence of a crime? What an imagination 
have they not seized to and evidence of this woman’s guilt? The old man was not jealous of 
his wife, but others are now for him. What is there that is unreasonable in her conduct 
towards Burress, he was an old neighbor and tenant? But Burress said, "don't grieve, I 
have plenty to back me." There can be no evidence shown.
    The Dye boys had already proclaimed her the victim. She stood there alone, with all 
her enemies upon her, and must a word of kindness, even if it come from Burress, cost 
this woman her life? Great God, what inconstancy. If she had killed Dye she would have 
lain upon the bed to have properly left an impression, so taking the evidence in its worst 
view in regard to the appearance of the bed, it is probable that she did lay down. But 
they say she had the opportunity to commit the deed. Indeed, where should she have been? If 
she had been skulking about among the neighbors it would have been much stronger 
evidence of her guilt.
    What notice could she have had? It is shown that Dye intended to leave her his property 
and to her children, and you are satisfied she knew it. They assume her motive was money, 
but here signally does the evidence show the motive the other way. But Goudy says there 
was another unholy passion to gratify. It surely was not necessary at all for her to commit 
this crime in order to have had (crim con) with Burress. How miserable this hypothesis 
is, if it be true. When the blow must have been given in daylight, in a house with only 
one room, near a frequented road with neighbors within call. Now I affirm, this is not a 
woman’s way. Poison, or strangulation is a woman’s means, except when they are aroused by 
insults. But gentleman, the mother never killed the father, with her children there around 
him, it is morally impossible.
    Another thing you should notice, they never disagreed. Dye trusted her, she kept his 
money's, he doated on her, she was his "bank", and he was to leave his property to her and 
her children, and now can it be said she had a motive to murder the old man Do you believe 
it? And would she hae done so without a motive? She has been hunted down, money lavished 
upon this prosecution and in ransacking the county of McDonough, to hunt up evidence 
against her, and the Dye boys have been the means. She is a woman and a mother, and entitled 
to some serious consideration, because of her condition. Can her death bring back the dead, 
or result in any good? But the proof against her, whatever it may be is but circumstantial. 
You will have to arrive at her guilt by reason. If you mistake, behold their terrible 
consequences. If there must be a victim to satisfy those sons and sons-in-laws, she is not 
the one.
 
REPORTER NOTES;
Mr. Manning's argument occupied almost 5 hours, and was delivered in his usual forcible style, 
full of profound logic and showed an intimate acquaintance with human nature

----- Original Message ----- 
Subject: Part 44 Dye Murder Trial

Lawyer WILLIAM KELLOGG
 
Lawyer for the Defense:
    Gentleman, you have doubtless become wearied by the great length of this trial. Your duty 
is of no ordinary character and it may reasonable be suppose you look forward to its conclusion 
with some degree of anxiety. The morning the commencement of this trial, you have remained 
from day to day in your jury box, patiently receiving the details of evidence as they were 
presented, and now your business is about to end. You are soon to retire to your room, 
to consider on your verdict, that decision which is to fix the doom of this woman.
    No gentleman, this mornings clear and cloudless sun bodes no evil to that unfortunate 
woman. Nature seems to have thrown off her gloom which has beshrouded us for days, and 
all is smiling in the sweetness of so happy a change. For eight long, wearisome days has the 
prisoner been before you, charged with one of the most revolting crimes known to our law. 
Patiently have we listened from day to day, to hear the evidence of the witnesses and 
search nothing within the reach of an eager prosecution has been kept from you.
    Her life is in your hands. She who has been forsaken by friends, and cast upon this 
colc, frowning world, whose every thought and word has been arrayed against her, no 
matter how trivial. She who has been hunted down by "fast witnesses", and quarreling 
sons and sons-in-laws. She now looks to you to be remove these foul imputations on her 
character.
    Where are the friends upon whom she could lean? Where are those who have spoken one 
sympathizing word during the trial? Where are the little children that have embosomed 
themselves in that mothers affections? Cast out upon the cold and friendless world, where 
is the little one that was torn from her bosom while incarcerated in a dungeon, by the iron 
hand of the law? Alas, she has no friend, for the evil eye of suspicion has overshadowed 
her and all she holds dear. Once she could breathe the air as free as these ladies who 
no gaze upon her, and as untainted by suspicion, but uncertain are all earthly things!
    Much has been said about fees. I have no desire to speak of the subject. The lawyer who 
has no higher aim, no other motive to acclaim, is unworthy the position he occupies. For 
myself, I spurn such an imputation, I prefer to be actuated by a proper motive, that of defending 
innocence when assailed by suspicion.
    
REPORTER NOTES:
Kellogg then went into an investigation of the principal points in evidence, dwelling only 
upon those which had received the greatest importance for the prosecution. He spoke of the 
object and policy of our criminal law and pointed out the proper method of arriving at 
correct conclusions. He assailed the position of Mr. Goudy (of the prosecution) that the 
prosecution should first establish an hypothesis and then by evidence show its worth, and 
made a forcible argument, showing its erroneousness and incompatibility with our laws. He 
dwelt at length upon the nature of such cases and uncertainty of arriving at a correct 
conclusion from such evidence.
 
KELLOGG CONTINUES:
    There gentlemen are some of the circumstances connected with this awful tragedy. And how 
were the prisoners statements obtained? Some were drawn out by subtle questions from secret 
enemies, and some from statements to friends, some have doubtless been magnified in 
importance and some explanatory and beneficial, have been forgotten or purposely withheld. 
Had the prisoner Burress acted as the Dye boys did, then it would have been said that 
was evidence of her guilt. They have even charged that her motive was an illicit 
intercourse with Burress, not content with branding her as a murderess, they heap upon 
her the crime of adultery and brand her as a harlot. But bear in mind, this is only an 
assertion of the attorney's hightly wrong and reprehensible to the last degree.
    But how stands the motive as to the money between Mrs. Dye and the sons?  Who would 
be most likely to gain by Dyes murder, she who was to have his property by will, or 
they who knew they were thus to be cut off from the last hope? Great God! And can it be 
true that such a state of things is natural, could I think it possible for the little ones 
growing up around me, to feel and act toward me, as those sons of Dye? I would pray that 
they might be removed from me, that I might not be put to shame by such unholy scenes. And 
there are the sons that have not spoken to the young children or to Burress for months, and 
Harrison Dye is the one who dare not look upon the face of his dead father without the 
presence of Simmons. While they had frequent quarrels with the old man, that woman was 
the only one who could settle their difficulties and restore peace. She it was who protected 
Dye and was there on every occasion of danger, she settled all their disturbances 
and he intrusted all to her.
    While she was agonizing over the frightful scenes of that night, Harrison Dye was coldly 
urging accusation against her, he charged her with the crime, and with calculating 
coolness sought to ensnare her and now the slightest variation in her statement is given you 
as unmistakable evidence of her guilt. In the name of humanity was it not enough for 
that friendless woman to be accused and suspected and gazed upon, without having the 
merest difference in her story arraigned as the price of her life?
    I am now done with evidence.  Do you believe she murdered that old man?  Look, at 
the character of the wounds, they are not a woman’s work, no woman ever committed 
that deed, in that way, everything bears the mark of a masculine hand. Whoever committed the 
crime is guilty of murder, and consequently it is wrong to say you may find her guilty of 
manslaughter. Read the letter and tell me if it is not a natural history of the whole 
transaction.
    And now I commit that woman to your hands, there she sits, friendless and with no 
sympathizing friends to comfort her. I place her life and her character at your disposal, 
do with her as you will. Her fatherless, and I might almost say, motherless children 
have been rudely taken from her as though the last tie that bound her to earth were broken. 
Take these little ones to your heart when you retire, go in your minds to the gallows, for 
there it must end if you believe her guilty. Not only consign her to igomy, but brand her 
as an adulteress and blast the unspotted name of her children. Let me charge you that you 
do but justice, that you free yourselves from all prejudice and error, and reviewing the 
awful responsibility of the act you are about to perform, weigh well the evidence and 
the consequence of your decision, and then may we not hope that here tomorrow’s sun shall 
rise, she may look out upon nature as free to breathe pure air of heaven, as you will 
then breathe it.
 
REPORTER NOTES:
Kellogg’s remarks, there was more then usual attention and scarce one in the large assembly 
was seen to move. The prisoner, for the first time shed tears and appeared much affected.
--end of article--

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