- the plotting and murder of a much older and wealthy husband by Rebecca and her alleged accomplice, the Rev. David Burress.  First there was Burress' awkward attempt to set up an alibi, then a vicious blow to Dye's head with a hammer or an axe, and finally a bullet to Dye's chest to finish him off.

- the legal procedures or, better said, the lack of legal procedures as we know them today: members of the coroner's jury indicting Rebecca were also witnesses at the trial; handling of the physical evidence; the loose form of testimony; some of the rationale used in the lawyers' closing arguments as part of Rebecca's defense; the irrationality of the final verdict; and eventually, the paltry span of Rebecca's incarceration.

- the neighbors and witnesses involved, many of whom are familiar to local researchers.  The Dye home was in McDonough County, Illinois, just across the border from adjacent Fountain Green Township, Hancock County, and near the northeast corner of Hancock Township, also in Hancock County, hence the number of Hancock County residents who became participants in events surrounding the crime.

Local defense lawyer Cyrus Walker sought a change of venue in an effort to escape pre-trial prejudice, so the trial was ultimately held in Fulton County in April of 1855.  Lawyer Walker could not prevent, however, the reporter who wrote this series of articles from injecting the reporter's own opinions and interpretations (despite his initial pronouncement to the contrary) of the statements made in court by both the witnesses and the lawyers.

Also Accused	Witnesses in Order of Testimony
Rev. David Burress Stokely P. Rhea Defense Lawyers Cyrus Walker William Kellogg Julius Manning Lewis W. Ross Prosecutors Bryant Scofield William C. Goudy Alexander F. Wheat Coroner S. H. McCandless Coroner's Jury (those named within this compilation) Vandever Banks (foreman) Washington Welsh Joseph White	Elijah Jones James M. Donahue O. C. Tollman Hiram J. Baggot Alexander McConnell Harrison Dye Catherine Lyon Owen Brown Thomas James Jesse Martin Delevan Martin Kendrick Leach Washington Welsh Vandever Banks	Calvin Simmons Andrew Cameron Martha Olive Pope Campbell McConnell John M. Parker Pauline Martin William Dye Samuel Bates James E. Roberts Patrick Cameron [Cambron] William L. Parker Dr. L. T. Ferris Elizabeth Beason William Brown

To read more about the murder, follow this link to the McDonough County, Illinois website.

For Dye genealogy as well as additional information on the murder, follow this link to another external website.

See also: Rachel M. Dye and Margaret R. Dye, two of Rebecca's and James' daughters.  The eldest was Laura Jane Dye, who married Joseph Fawver in 1867.

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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 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 examinaton of his 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 2 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 a 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 repay injured justice and vindicate the honor of this county, and the enforcement of violated law.

James Dye was a large farmer, a hard working man.  He was an 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.  Those engendered a bit which often led to violence.  After the old mans 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 had various motives to induce them to be forward in settling opinion against the accused.  Knowing their previous quarrels, they sought to direct suspicion from themselves.

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.  This conversation was the last of March, 1854.

I lived in Pope's house, 60 to 70 rods from Dyes house.  Jesse Martin lives 60 to 70 rods NE of Dyes.  A road turns by Dyes westerly to Carthage, then goes by Popes, turns NW and runs by McConnells, Parkers and Simmons.  Donahue lives 1/2 mile North of Dyes.

I heard Burress give 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.  Others there were Jones, Mrs. Dye and her children, Burress and the Popes.

Mrs. Dye said she was awakened by noise that seemed like a thousand bells ringing in her ears. James Dye was standing on his feet by the side of the bed.  She asked him whats the matter and he gave no answer.  She put her arms 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 whe was when she awoke.

I saw Burress and William Brown (Mrs. Dyes brother) Friday night.  It was a little after sundown, Burress was walking and the boy was riding.

CROSS EXAMINED:

I am 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 o'clock, 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 noises 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 Dyes second wife.

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 feed 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 known 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 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.

A year ago last fall I borrowed money on 2 seperate 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 Dye. 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.

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 exactly 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 don't know whose name is on the deed for the Duval property.

I was there on the night of the murder.  I live 1/2 mile off from the 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 ballooing and dogs barking.  Couldn't tell where noise was from but thought it was Dyes dogs.  I had 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 and Campbell were there.  One child in a cradle, 2 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 EXAMINED:

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 dont' recollect she said pulled or shoved him on the bed.  I didn't stay long, got home about 11:00.

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 will 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 apeared to have been discharged duly a short time.  Tyler put his finger in and got burned powder on it.  Burress and defendant were out by the crib together, but 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 on 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, made 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, 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 1 year old, could walk, it was nursing still at the time of his death.

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 quarreled 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 the 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.

Prejudice against the prisoner is one thing.  I believe she murdered my father.  

I signed one note for $400.00 and one for $500.00 in pay for prosecution.  If the law and evidence don't convict her then I don't want a conviction, but I believe I desire it.

I don't 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 have 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.

REPORTER NOTES:

During 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 seemed to look daggar at him.  Her manner has somewhat changed, her eyes now more steadilty fixed upon the floor.  There was much feeling manifested during the afternoon, and at times a very marked stillness in the courtroom.  The ladies haved occupied about half the seats in the courtroom.

CROSS EXAMINED:

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 gun happened 2 or 3 years ago.  The old man 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 to 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.

I was there on 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.

I was present on Sunday, the day after the murder, at Dyes 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 coroners inquiry.

I had a conversation with Burress.  He repeated the last witness' conversation. (Which was objected to.)

The prosecution proposes to prove that Burress in that separate conversation told his witness about the difficutly 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 sustained.

I live about 70 rods from the Dye 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, hallooed like a person in distress, crying, "Come here."

I put on my pants and started.  I run, suppose it was not over 10 minutes before I got there.  While I was listenng 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.

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 lying 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 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 round the hole, some fast and some detached.  In a told in the sleeve there was a hole that was burned, looked likt 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 and very fierce.  She told the old man she knew there was some person about but that Dye had said it was just some 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 leave her, that the meeting must pretty nearly be over and Burress would be there.  In about 10 minutes after I got there, Burress came in and was soon followed by McConnell and others.  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! (the 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 heard them as plain as I hear myself speak now.  She said the norht 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 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 got 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 ay 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 goin 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 bit, 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 shoot him.  Dye weighed about 170 pounds.

I was at Dyes Sunday from 11 till 1 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 judges by the tube that it had been cleaned.  I examined it 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.

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, they Tyler stuck his finger in it and wiped it out.  I saw Tylers 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 afterwards, 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 tell 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.

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, one cut, half an inch taken off the 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 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 that palm of hand.  I examined the wound, hole in upper part of shirt sleeve, helped to take shirt off, hole in shirt over hole in body.  Hand powder burnt skin came off.

(REPORTER NOTES: One of the jurors sick - vomitting - allowed to retire with the officer to fresh air.  Courtroom 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:

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 on her guilt.

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, Dye 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, lengthwise 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 2 inches above right nipple. Hole in shirt directly over hole where he was shot, with the hole being 2 inches in diameter and looked burned.  In round edges of hole in flesh there was a cinder.  In bend of arm shirt burnt. There was one pillow under old man's head.  It also looked as if someone had hands upon it.

Defendant said it was Dyes 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 were found later.  She said her brother, William Brown Jr. and Burress were to meeting at Jo Ducan's.  I didn't see the house examined for money or holes.

CROSS EXAMINED:

The lead was found Monday on the top of the cupboard.  They said in the southwest corner of room where corpse lay, not visible to anyone passing by.  As near 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 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 relations there.  William and Harrison lived in Illinois at the time of the 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.

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 doors 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 something 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 the horses in gold last March.

CROSS EXAMINED:

Dyes sons and sons-in-laws have lived about him and recently have heard deceased threaten personal 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 to 100 miles away.

DEFENSE PROPOSED: to prove that these sons and sons-in-law were violently opposed to defendants marriage with the 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 CONTINUES:

Sons and sons-in-law lived near Dye, have heard Dye threaten the lives of sons and heard his sons threaten violence to him.

Do you know of express malice between Dye and any of his sons?

(OBJECTED TO,,,,,,OVER-RULLED)

If there was malice at time of murder, I had no knowledge of it, there had been some, sometime before murder.

Dye, 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 on 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.

Have seen William Brown at meeting, on Saturday night, 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 on 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 sometime, 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 suspicion against the prisoner.

There was a lawsuit with Cassie Lane (Dyes 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 eachother sometime before, James was shot by Carmicheal, Dye 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 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 has 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 die without a will or providing for 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 Louis Duvall, one of his sons-in-law.

I understand malice to mean where folks have quarrels and make threats.  Neighbor 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 two years ago.  Dye and James used knives four or five years ago.  I alway thought Mrs. Dye had her own way about the house.

I saw Burress at Simmons betweent sundown and dark.  We went within 300 yards of the schoolhouse, no light, and Burress and I turned back.  Burress said he had an appointment for the 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 seperated a quarter of a mile from Simmons and Burress and William Brown went back to Simmons.

CROSS EXAMINED:

We started to go to 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.

I lived 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 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 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 the dogs bark until alarm was given.  I went to sleep in 10 to 15 minutes after I heard the pistol fired.

I was at Dyes on the evening of the murder.  Burress came and hurrahed for as 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 somebody 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 the 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 a hold 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 was out doors, heard nothing but dogs barking.

Burress made such a noise running from Simmons, 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 or 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 a 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.

SIDE NOTE: considerable mirth provoked by 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 considerabel 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 em at home what I'd have to swear to.

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 a little excited.

When we went into Dyes house, 2 children in bed and one 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 liked 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 we 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.

I am the wife of Jesse Martin.  I was home on 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, "Oh, 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 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, "Oh, Lord."

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 writting.

I was at Dyes soon after the letter was found.  It was brought out to ascertain who wrote it.
Burress, Dye, 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 seperated 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 Ray's hand writing, was going to see Ray but defendant proposed Burress should go.  Defendant said I would be mistrusted and to let Burress go.  I didn't say anything against Burress going.

Father and I 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 defendent who had committed the murder, when I went to Dyes I didn't speak to defendant at all.

I've helped attorney's to prosecute.

Pistol was black at the muzzle, don't know how it would appear if shot off a week.

The defendant borrowed $150.00 from me.  I had a conversation with Burress about the 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 which Dye spoke of.  I don't know what fuss she meant.

Continued