Crawfordsville Review, Crawfordsville, Montgomery County, 23 July 1859 — Page 2

If why

mm.

CRAW FORDS VILLE, INU.

Saturday,

1ST The Crawfurdflvillc Review, furuishe* to Subscribers nt 91,SO In advance, or •, tfaot paid within the year.

MH. IIOWKK-- l*lca.«c (vriiiounrd the n.imc of MOK•IN SNUOK, nr cunditlnte for ttiu office of Conn

MH. DOWEK— RICAMI nnnouncu inv name lis a candidate for the office of County Auditor, mbjoct to the decision of thu IV.nocrntn' Convoution.

The Old Line Dcnioci gomerv countv

hold ft their earliest convenience. their township meetings, and select a day for the holding of a

1S60. By order of the CKNTRAL C'OMM ITTKK

OW Ill KDIOH TK1VI.. Owing to the groat length of this important trial we are obliged to surrender our entire columns for its publication. Tho report which is being prepared by Mr. 1?. n.mna, is highly interesting and will undoubtedly be read with deep interest.

••11

July 23, 1869.

raiKTET

AND PUBLISHED EVEHT SATURDAY MORNING BY CIIARLE* II. BOWEJI.

TR I TI. A I O N

ARGEB TIIAS ANY PATER 1'UHLISIIKD IN Grawfoidftville! AJvcrlicort call up nml examine

OUT list of

Br i5UN!?cKinER8. jgj

For President in 1860, N A.

Sidy'ect to the decision of the Democratic Saixonal Convention, to be holilcn at Charleston, South Carolina.

ANNOUNCEMENTS!

Announcement l-W,

JOHN WASSON.

MR. KDITOH:—ricn.'.e announce rnv linuio ft* «-*iululAtu for the otfiue of County A uditor, cubi«ct to the decision of tiio l)cnio-rntio Convention.

HKNIiY NICHOLSON.

Attention Democrats.

TBEOWEIN' 1URBER TRIAL

MONTGOMERY CIRCUIT COURT.

[REPORTrD EXPRESSLY FOR TIIE REVIEW.]

ly Auditor, wil.jwt to the ]c.iition cf the Old Lie# Convention. MANY 01.D I.1NKHS. I

...

U,J

"nni°

n8"

C«ndidi»tu for thy oilio.o of County Auditor, nub-

,»oct to th« decision of tho old Lino Pumocratie following panel was sworn: Con volition. WM. H. AlcCOMAS.

T: ESDAT, Jn.Y 19, 1859..

Trial of Jonathan S. Owen, charged, with poisoning his icife Kizziah Chotn.— Hon. John M. Conan presiding—Robert C. (iregory, Ijtw Wallacc, 21. D.

While and the Prosecuting Attorney Robert H. Harrison for the State.— Joseph K. McDonald, .V. C. Wi/lson, I). VI". Voorkcet, H. W. Ha una and James Wdson J'or the prisoner.

FIRST DAY.

Court opened at 0 o'clock, but an many of the witnesses bad not yet arrived an adjournment was taken until 2 o'clock, at which hour the prisoner was brought out of his cell. He is a large square built, firmly knit looking personage of dark complexion, his hair oncc very black but now a little grayish. He is apparently something rising forty years of age, has a black eye full of fire and expression. His whole demeanor shows him to be a man of great resolution and high courage he took his scat with hia counsel with a firm bearing. Owing to the large numbers in attendance the trial was adjourned from the Court House to McClelland's Hall which waa soon densely crowded.— The entire afternoon was taken up in the examination of Juror* as to their competency and by discussions of counsel in questions arising in such examinations. Out of the first twelve jurors but one remained who had not formed or expressed an opinion of the case. The Sheriff was ordered to summon sixty persons from the north part of the couuty to appear to-mor-row morning for the purpose of making up a jury. Court arose uutil such return be made.

SECOND DAY. WEDNESDAY. July '20.

Court opened at 8 o'clock, A. M. The most of the forenoon was occupied in the

.selection of Jurors. At 11 o'clock the

racy of Mont- oath present, that Jonathan !S. Owen, with lire requested to poison, unlawfully, purposly, feloniously,

Connty Convention, .. .. -,.

lor tile nomination of County ofh-jlnj-ge quantity of a certain deadly poison, cers. Let no time be lost as thejcommonly called Strychnine, to-wit: one enemv are already in the field I half a drachm, did administer to and cause Remember we are on the eve ofi?

_____ I languishing did live on which twenty scventh day of November in the vear last far 1 he Democracy of the several town- aforesaid, the said Kizziah Owen, at the ehip are lequested to send delegates to county aforesaid, of the poison aforesaid, meet in Crawford.-ville on Saturday the Oth of August, to select the time for holding a county convention. ,l?v order of tho

CKNTRA1- COMMITTER

il'rom tin-Oii.-iijio Tiniu^.l

2 Tin: Pit.r,n.MAJX TO MI\M:IUH.\- I,I T.T»R RUI'M PAN. SICKLKS.—'Th- following is a copy of the letter from the Hon. Dan.

John lil.ink-

euship, Joseph Allen, .Samuel Davidson, Daniel Vaughn, Wm. 1). Hoyaltv, Emanuel Iturk, Jesse Vancleave, James Ames, Jajeob Dennett, Jos. Clifton, Silas A. Fendly jand Johnson Todd.

INDICTMENT.

IT S A E O IN I A N A MONTOOMEIIV CoiWTV. In the Montgomery Circuit Court March

Term A. D. 1859.

Tin: Slate of Indiana, vs. I Jonathan S. Owen.

The Grand Juror9 of Montgomery county, in the State of Indiana, good and lawful men, dulv und legally empani.elcd, chargrd and sworn to inquire into felonies in and for the body of the said county of Montgomery and .State aforesaid, on tluir

and with pr.-mod.Utod mal.ee to kill and he said he knew notli.ng about it nnd

b,e ta^n' s"allowe.d

Oilt.lell election of said Jonathan S. Owen, then and there

(t7hne

a a O

well knowing the said Strychnine, soadministered to and caused to be taken,

so administered to and taken, drank, and swallowed down, by her, the said Kizziah Owen, as aforesaid, of the sickness occasioned thereby, died, and so the jurors aforesaid, upon their oath aforesaid, do siy and find that the said Jonathan S. •Owen the said Kizziah Owen, in manner and form aforesaid, unlawfully, purposly, feloniously, and with premeditated malice, 'did kill and murder contiary to the form

,. ,, .... 'of the statute in such cases made and pro- .* IC cs, in tepl\ to an imitation from the lr(lt

"iSons of Malt—ah to accompany the ex- of tho State of Indi»na. pedition to Minnehaha, on the 20th inst: NKW YORK, July S, 18"»0.

DKAH SIR AND BROTHER :—Your letter

i' ».ji\ A.' i» j/it ti IIIII it'i itj t»»i

inviting nni to ioin tho oxpoilition of our poison in I.uil in the first count,

beloved order, on the 'Joth inst., is before fasc on behalf of the .State was stated

reat pi

who will leave your city on that occasion '-V- great clearness and force.

and I are again on the square (Madison years am the brother of deeeased-

square). We propose spending the dog- cousin of the defendant. Kiziah Owen was days among the fashionable? at Saratoga or my sister's name, the deceased. DcfendNewport consequently, you perceive, we 'ln( lives in Montgomery county. I cau vitation ed

F. —Let the wolf IKIWI. J). S

WHAT IS LECAI. TENDEK ?—Tho following arc provisions of the United States law prcscribiag a "legal tender:"

Gold coin* and silver dollars for all sums half-dollars and small silver coins for sums not over five dollars, and three-cent- pieces tor sums not over thirty oenta. No proizicz is —sde for csnts, which m*y, therefer^, bt refused

against the peace and dignity

Nudi^be didft't know «bjthii didn't, kaow aoythi£| until and Mad she vupbad. Defiidint she diid absnt 5 oWekklt morniagiW^dlfcJuWti waft the 27th day of November, 1858. I asked him if be knew what wan the matter with hia wife Said he could not tell, that *he had- b4en complaining of bowel complaiBL.fuE.twoweeinrMid«hekad beeu unwell in way tbu wuneu. usually. a^e said flhe had been weaving tbe day before that «he got rapper' the day before,'' that •he waa also engaged in knitting a good while after nipper. lie aaid he told her to go to bed. and ai soon as he WM done reading he would go to bed after he laid down abe got op and went out when she came iu he asked her what was the matter? She said her bowels hurt her very bad. He said he was very sleepy—never was so much so before said he could not keep awake said she got up iuid went out a second time, and came in and laid down with her face next to him said this was all he knew about her, as he Was so sleepy he could'nt stay awake: thought he never had been BO sleepy "before said he knew nothing until awakened by her screams, that she was sitting up in the bed halloo* ing "Oh.' Father"—Said he jumped out of bed and asked her what was the matter.

at the corpse very often more often than !an(I

one: I had further conversation the same |made

day I asked him at what time his wde

was taken bad, he said between two and ,he#d

three o,clock and that she lived but a few ,lo[ft

minutes after that talked to him about having his wife's funeral preached before buriel I was in favor of it he said he

lie final concluded to get John M.IIer to |fits

preach the itinera! and got mo to go and|hou3e

.see Mr Mtller he was unwell when I went ,uali

afternwno Sunday I suppose about three

0 clock, and the eoffi:i was not opened at

the grave tew persona out at the funeral

1 first heard there was aL snspieion that,n.y

sister was poisoned on Monday

I had an interview with lvq. McDonald

on ednesday following regard to my

sister deatl. I went from McDonald to

the defendants house when I got there

defendant was sitting in the house by the 1 to talk with this subject: asked hi.

fire 7 went as friend to talk with him on

alone: when he catne out I to him I sup-:,

posed he ,. acquainted w.th the rumor

murder, on the twenty s.x.h Jay of No-1 ted to know what it was told h.m the peo- d(ca,od

vember in the year of our Lord eighteen pie believed she had been po.sened and the

hundred nnd fifty eight, at said county of! talk^was she would be take..: „p and exa.n- ,llirf_„ |10Ullht

I Monigomeiy, unlawfully, purposly. fclo- I «ned 1 told htm it would be boat for hm. to

I a a a

do it himself or get some body to do .t,

for him he said he could not do it

then went on and told me a g.JOd deal of!

drank, and swallowed down by her, the and going out, going out the second tinn Isuid Kizziah Owen then and there not and of her coming back and lying down knowing that the same was Strychnine or with her face next, to him as before des-! any other poisonous or hurtful ingredient eribed lie said be was so sleepy he could not by means whereof the said Kizziah Owen

By the latest foreign news the al-1 sixth day of November in the year last I take her up. I told him I didn't know, lied powers and Aust ria have entered into aforesaid, until the twenty sercnth day of but that it would be done. Ilia reply was anarmistic gust.

at the county aforesaid, did languish, and

unwell and had been complaining a couple, -J

of weeks, with bomd complaint spoke ot,

her weaving through the day previous to

her death and ot In cooking lie spokt of her going to bed first of her getting uj

keep his eyes open, and was awakened by

then and there bec-tme sick and gres'ly dis- her screams that he got up and asked examination of Jas. M. Owen was resumtempered in body and the said Kizziah what was the matter that she made no! j. Owen of the poison aforesaid so adminis-J reply, but that she threw her arms about it-red to and taken, drank and swallowed his neck, and that in this way she died. down by her as aforesaid, and of the sicknes He ?aid it lacked a few minutes of four occasioned thereby, from the said twenty o'clock. He wanted to know who would

Hostilities to cease until .\„J the same month in the year last aforesaid, that if she was taken up, and poison was difficult}. I don know where the^

11 1 1

found iu her he was a ruined man said he

(that

The indictment contained two counts, the liv(. miles from prisoner's house. He ler's Drug Store. I did so. I came back second reads as tlu-first except it charges

said

that the prisoner cause I to be adn.iim-1 him he never went after him, that his visit son, and saw him start towards the house

wa9

hors,,\ IIc,walk^d

me. I should take "reat nleisure in nn i. .""" I stand it to have his wife taken up. I fold the 1st of April king one of the immense party of our sort

"1"1 on"

succmct"jhim

wjf0|

though

•wport consequently, vou perceive, we lives in .^lontgomery county. I sup. might have poisoned herself. 1 toht mm I nts iatner—aon KHOW ucnaiiuy. cunuu not avail ourselves of vour polite in- pose mv sister and prisoner lived together S that it was not likely. 1 then asked him to defendant and told him I had it, and lation. You wil! please kt it br record ''bout IS vears. Owen has three children if there was any poison about the house heard prisoner tell his son to come out to

Your?, iu bonds of brotherhood. living by his first wife I think five chil-1 that his wife could have taken. Said he me and get it.

A N SICKLES. jdren by his second wife. The first time 11 didn't know said he had bought some To PIUL. HOYNE, G. W. S. 0. M. K. P. isaw F-i«tcr after her death was about 5 arsenic in the spring to kill rats with—was l1. N. K. I. N., and others, committee, o'clock. A. M. I found her lying in bed. (not certain whether it had been used or Chicago, Illinois. 1 Wm. Owen, defendant's son, came for me not, but thought it had. liy this time I

said if 1 wanted to sec his mother alive to

Set

up and go down there quickly. I found ohn Owen and wife, Mrs. Morris, and Mrs. Huffman and her daughter at defendant's house when I got there. When I got there I was sarprised to hear that niy sister was dead. 1 had not supposed she would be dead. I took a candle and examined her face—it waa cold and rigid. I set the candle down and sat down by John Owen S:ds«y Owes w« prasest. I asked Join Owen at what tiss* prisaner'e wife died be

the .eircui heaUfc befbre months riM was taken til about the laat of May this injury was received abeot the first of Sept&nbtf' or the laat of August. He told me first about takibg thc-boue out of Jter head.after I had told him .that there waa a rtunor that his wife had been poisoned. never knew, of any improper intiinacy between O^ren Mid' Mrs. Huffman never heard defendant'speak roughly his wife. "Sometime in December'he and I went to North Salem to see Dr. "Adams before that he said he would bring his wife to my hoom on Sunday. He wasted me to go to his house and take dinner. I went down his wife was not very well be said be would go home with me I supposed his wife was going too, but I noticed that he got out btot one horse. I asked him if~ his wifeWas noteoing. lie said no, she was not going. When we got half, way to my house I told him that my wife would be disappointed that Mrs. Owen did not come. He replied that she had had the devil in her about three months and that she could keep it in her. Defendant did'nt stay very long, this was in Septeni. ber was present at post mortem examin

that she made no reply, but said something lation, it occurred on Thursday the day about the children that he could not under- after I had the interview with Owen examstand and died. I told him I did not expect to find ber dead when I got there.— tie wanted to know whj- I did not expect to find her dead. I told him because William said at mv house she was not

dead, he said rna^bft she was not dead.tj0H

death walked, the floor a great deal he

lucessently said Oh. me, Oh. me! jt

saw nothing more than that only he looked

ination took place at the graveyard Cross-Examined.—Was late in the evening when I left defendent's house postmortem. examination took place next dav about 4 o'clock. The examioa-

W l„

perforn,ed

when imam started to your house. lie jal„i that of my brother Monday evening made a great deal of noise about his wile a

after

duspiciy,is.

my own instance

her death was when 1 had my first

The death was so sudden

WH3

oa.loulatc«l to give Owen a

^ranj,e appearance the weather was bad

UMp

I e\er saw any one do before dou know geS}ej having the funeral preached contidwho laid out the corpse Hannah Clark was

to Brown was seven miles, and ten to

Swank's he said he did'nt think they

leHjant I did not at the time I sug-

cr hia CO

nd«ot nnnattiral his moanins

impression on me. I bc-

lieTed she ha of the

wound on her

anJ was not in a tl humur about it

thillk the ac(

was afraid he could not get the preaoher houne, his treatment of his wife she liked, I asked him who he wanted he jWR)J

said either Brown or wank, the distance

^UIlts

he S

was afc 0u-on^ ll0ll,c

haJ

tli? m.tnner in v.l.ioh 1...^ wif, I.:.,! died

,n-,

,r'*»

,re

ave of his

wife's death were consistent theaceouuts I have given are all. Mrs. Owen was two years older than myself I was often around

iturmly correct Owen was an indus-

j0U3 fliriuerj don't know how Mrs.

f)wen trcatcJ

dren

could be got, I told him I wanted Miller, oldest son must be twenty-six years old, he was a good preacher He raid it was so Jon

prisoner's first wite's chiU

knew of their leaving home his

lt|1 U1

mudd\ and the \vater3 so higa he did nt Jouathan is subjuet to fit** they have think many could get out to the funeral

ilIip!l

twenty-three don't know Sarah's

irc(l

sometimes he had these

vorv o(tc he has haJ

il( to](

donUl:

,iem

kll(nv

,|er

at my

}1C

W8S awav

tIo

from home'a

„-t

know

but said he would come the next dav he j(jan^ toltl me about the a'M'idwnt when his came according topromi.se but did not

wifc

preach he read a hymn and prayod: '1'^ J0WI1 j„t0 the orchard to split wood said was all my sister was buried late the

the" cause defen-

lic i( wa3 hurt he he we

,|t

whcre to 8it:

.|S

with

her son Taylor

,aitl ,1(. turnH

TavIor ar„, ho t]„,u ht h| t!u,

,:ueil

.„.t

his

itl hi lnnd: thoilgllt it was uwi

five or six days afterwards lie told

me to bv and

,ier

yWn(

mo3t

sh( freqMcnt

weIltout wlth llim he Wl

,Ilt

^n.k

.fcndant's. house very often, al-

,.rv

week ht he

sister vorv killf

-trcated

Iuy

nv: my diHtei-5. oMe.st daugh

ter is about fourteen or sixteen years of .. ai'c: she was at home the dav Mr

slu at hoil the dav

to come onto Jietl this tlav of the* funeral the were all up considerably on one occasion

Qweu

.. 'died thfc dav of tire funeral the streams nortion of It

the house, as I wished to talk with him Pr,r«on oi r,n

•,lfter

',n'wss

told hia wife she had a loose bone in her 'r%'or.v- l™1,

head said she observed to him that maybe

Ml.,. ()lVen

,lrt

defendant was ftI

arossill

,. ,1t.r

ho:!d thou

,ht

ly ()wt|1 t,,at

l0.,kr,a bml-

„ftttin.

t'10^

accidental. then .started off to mv with it. Defendant was

wclI

ob,ervcd:_..Vou

dea o(

and Winnie

hayc havi me wdl evor since Wil,

she Kaid tUis with a

Owen's manner wa.,

aild Iea3an-t a9 a3 rec0Ilect

mvM

fore

what he had first told me that his w.fe was „trvchnillc £av

about strychnine be-

-||ed

don kno bufc tbat

S011ietimc, be callcd ar,r.„.

nevftr aj im conduct bl!.

twe 0wcn and

Mrjj Ilu|} in i3 his

Uuftman

,J0Usea

(leal

THIKI) DAY. THrilSDAV, July 21.

Court opened at 8 o'clock. The cross-

In •tion with my brother I. have

are

he could get it out said he took his knife, written statement. a small pocket knife, and worked with the -Ir- *KKUOK* am brother of dewound a good while—that he had to cut I

by me said he couldn't I ^ime. I am "oUerUin

that she was my sister as well as his 1st of April.

and that if &he had to be cut up into Dr. .Miller hiui3elf.

but if I can go damme Yon lirobablv .1/. Oir- /i sworn. Live in south-! pieces an inch square it wouldn't hurt her. Cross-Examined.—Sugar weather was may not be aware that I have made upth.it fast corner of this county live miles He then came up to me, laid his baud ou about over I don't know what Owen was the stomach I saw no signs of congestion ..OK' little affair at Washington, and Mrs. Sicklei from defendant's house Jived there IS or

mv arm and said, "See here, somebody doing iu the sugar camp the camp lays else might have poisoned her." lie was partly on the south and partly on the north

had got on roy horse. He was on the fence. told me to look at him, and said, "I tell you now, if that woman is taken up and a pint of poison is found in her I am a ruined man. How am I to get clear of it? There was no person here." I told him at Ladoga that I had learned he had sent his children away. To this he made no reply. He turned to go to the house, and said he expected he Would be broken «p Thu was the last I saw of him. The wa'v I cams to know that TOT

'n ^1C

t!,em

ma^cr

ccas,cd-

the wound open that it had healed ,lV,.r on the t.nal we were induced to do so by he laid his knife on the middle of his fin-i f1,c '"''ghbois we were at the Coroners ger, and said the bone betook out was

S'^cth.ng of the

^erball^ before I gave them nn

I and my brother united to carry

inclUl's',

we instituted the inquest, but we

about that long, and the width of a com-jdld not employ counsel until afterwards. nion case knilo. I told him then that he Thompson. Ji. Stevens called. I reside was suspected by the neighbors of hav-i in the south-east corner of this county: ing given her that blow designedly. I have known the defendant a little over two it was the :M of December told him it looked suspicious, as he had not years. About a year ago last .May I was gaged about live hours in th»

called in a doctor. His reply was that Dr. ?oing to Ladoga the road passes through English had seen it. I think it was in the Owen's farm he was in his sugar camp, early part of December wheu I first knew He called and asked mo to got him a dime's

she had received such an injur3\ 1 worth of arsenic to kill rats with, at Mil-

Dr. English came to see it. I told another road I gave it to Jonathan, his

.«

1 told him ihis father—don't know certainly. I called

ftr

PASSS it WM ralhwTbg* naatity~ tor the parpose, but I have sola the SUM quantities to oUter persons for the me purpose, (Hd'.not sec deceased, during the suinmcc^tif 1858.

Cross-Exami/ud.—The vial waa about 1^ inches in length defendant said he wanted the best medicine to destroy rats I told him strychnine was the best people often asked for. rat medicine arsenic is often called rats-bane there has been a good deal of that kind of medieuteaold by me I have heard a good deal said akst rats being bad in my neighborhood. I charged it to him, so I know the date «f the purchase, otherwise perhaps I would have foigtten the dale Mr. Owen's inquiry was for something that would destroy rats and I suggested strychnine: I did not suggest the quantity Owen did not name the amount I simply showed him a vial which he took no other person present I don't know how many sales of arsenic I have made within the last year it is common with me to sell it for that purpose I have sold it to a good many I reccollect of sel« ling some to Mr. Ashby have made sales of arsenic almost every week most generally the enquiry has been for rats-bane I told Mr. Sharp that strychnine was the best and sold him some. When I get this medicine it is sealed up.

Dr. R. G. English called. I am a physician I have practiccd ten or twelve years I live in Ladoga I have lived there since the month of October 1855 I have known the defendant about three years in the month of August 1855, on the 24th day as niy memorandum shows, I was at the house of John Owen, defendant's brother, and in defendant's neighborhood, about one-fourth or one-half a mile distant from defendant's house, while there defendant came and told me of an accident by which his wife had sustained an injury he requested me to call and see his wife I went with him to his house from John Owen's I found his wife had received an injury on the left hand side of the head I found an adhesive plaster on it he said he had placedit th^re himself it was two days after the injury been inflicted or perhaps it was the first day after the injury was received I removed the cloths I thought the wound was superficial I discovered no fracture I regarded it as a flesh wound: there was no constitutional symptoms present Mr. Owen told me how the difficulty occurred don't know whether it was in the presence of his wife or not 1 don't think she ever told tne anything about it. I know nothing about her general health: my call

was accidental I was at the post, martsm !j„rv

examination Mr. anarsdall the oroner

l,ous''

present at the jhjsI mortem examination:

Dr. Wilson was also present we a-xisted

Dr. rrv in making the examination wc.w.rit

ularly the brain, spinal marrow, heart and

peculiar in the position of the body at the

Heing five o'clock Court adjourned until aiuination, 1 assisted: my opinion at a pro- in this county .ny 1 8 o'clock to-morrow morning.

ooniH'H'iKMi uu iu uiuuiui i. ii.i t- journals. gone to a great deal ol ^expense to carry ..in Journal of Medical Science, publish on this prosecution. We have employed j„ Philadelphia: it accords with works two law firms !f aid the 1 rosecutor. I ]i yc read upon surgerv. Taylor's work took notes ol the occurrence shortly after jon poisons in his nicdicai jurisprudence,

rea

this death occurred. This is my first case in ]ost mortem. I have examined no authorities on the subject be ore. Taylor says the method of conducting an examination depends on the character of the case he recommcnds that the vital organs should all be examined. I understood the death occurred between Saturday night aud Sunday the jwst mortem occurred on th- next Thursday, near noon of that day: th- examination took place near the grave the day was rather pleasant for the season: were eninatter I

was there all the time we left a little before sunset don't recollect when the sun sets at that season. The scalp was first taken off and examined carcfully, I think by Dr. Fry. I have seen examinations of the brain in Louisville there are three for the brain there was no ap

yery much cxcitcd took hold of my arm fide of the road. The arsenic was given luller than the others. ............^, as though to turn me around, and safd she to defendant's son I guess he gave it to discolored: it appeared perfectly natural, 'ng

Dr. Miller called. I live in Ladoga, and am a druggist and physician have been a physician 18 years. 1 have known defendant eight years. About the 2od day of June, 1858, he came into my Drug Store and said that he wanted to get some medicine for the purpose of destroying rats he wanted to know what would be the best article to use for that purpose. I told him it would take a less quantity of strychniuc than of almost any otner poison. He then stated he would take the strychnine in preference to anything else. I asked what quantity he wanted to purchase. He said he didn't know. I showed him a vial which was supposed to contain one drachm he

tweeii the shoulders that section of the

3pine was taken out by Dr. Fry it present-

ed no abnormal features. We examined

We did not examine the intcstiues they were full don't know whether they were filled with gas or natural contents. We did not put all of the bowels in the jar it would bold about a quart the first I saw of thfl jar. Wilson had it tbe jar had a large mouth, iuehes in diameter the stomach was put in entire with all its contents, with the small intestines. The la3t I saw of the jar was on the conclusion of the examination, about the middle of the night at Willis' Clark's we went to his house a little before sundown. I don't recollect how longfter we commenced the examination it was when we put the stomach in the jar none of us made any examination of any other portions of the body besides what I iiaxe before detailed by consent of the jury-Pr. Fry took possession of the jar I don't know where the

m,e f(1

(ier or tbn niost 0 tbf

there was a large crowd j,.ft ,.

*e been

,T on it

rl saw wfc aaj il|i8ia As jwrJMtiqr •J*1 not

on Hlj^'tsny jjii sIP ir„sftaM»e gdt' to Mr. wflKsUwrs Tnioticed t&3 contents of the jar were fomenting, so that the eork of it was partially raised I did'nt notice that it fermented before we left the' graveyard there was a large crowd present, perhaps two hundred persons present there was also a crowd at Clark's house the house is not very large and it was pretty well filled the jury were then taking evidence I was one of the jury I took dinner and supper both at Clark's house Dr. Fry was writing at a desk taking down evidence I don't know that the jar remained on the table all the time there were two doors to the room I think the doors stood on the north and south sides fire-place I think is in the west side Dr. Fry was west of the door against the north wall of the house.

Mrs. Hannah Clark called. I live in Montgomery connty, am fifty nine years old, was examined at the Coroner's inquest, have known Owen for eight or nine years, he lives about one balf mile from my house was sent for about 5 o'clock to go to Mr. Owen's I did not go but they sent for me again about 7 o'clock to lay her out I went I found her lying in the bed she was very stiff her head was turned to one Bide my daughter Winnie Morris helped me she looked more fair and natural than common with her usual looks have never laid out many corpses I did not notice any signs of bowel complaint I was there all day don't recollect the day of the week was at the funeral, this was the next day she was buried near evening her feet were very much cramped out of shape as was also her hand, so much so we could not get her glove on her hand don't know where Owen was: did not go back to the house again my husband's name is Willis Clark and she was buried on our place, the coffin was not opened at the grave do not know who put her in the coffin some said she died about 4 o'clock 1 had to tear her clothes all off of her, she was so sfciflf she was very cold was not very intimate with the deceased.

Cross-l''.mmutrd.—Tam tho wife of Willis Clark the corpse was very cold and

called me as he said at the request of Jr. thoro: there Were three or four Doctors wo could not turn her head at all Fry: examination was made at the grave there Dr. Fry. Dr. Knglish ami Dr. Wil-1 Thomas Mr Donald callcd. I live in vard a.jout a halt mile from the doten-json ,V(.rp

tbf.n,

.lIld

0 lt

wbcn tbe

waa pr.

0Il

j, ,, Jjnc0

made a thorough examination the several there arc two doors in the room, opening was had before I talked with .fames organs ot the body were examiued partic-

nor

wcst s'n]0 0f

all of which appeared to be in a healthy condition: the stomach together with a smaller bowels were removed from the body placed in a glass jar and delivered to Dr. Fry of which 1 have no personal knowledge since the night of the post, mortem. We examined the injury on the head I found there had been sloughing out of the soft parts, but th bone was sound aside from the stomach I did not find any appreciable cause for the day she was taken up was death The body was in water when it was

took

coo a

iho cover

,her,

time it was taken from the coffin: post m„r- recalled. sell., .„t

have been reading the Amer-'

occasionally: I have read it since!

ember 1.85S. Dr Fry conducted the ex-: Mrs. infunl Morris called. I live ^.^,,,1 ,u. whv that

fcssional man as to this jtost mortr/n exam- lv Morris I tire! heard ol the death ot 31 rs. ination and its accordance with medical Owen about the twenty seventh ol No\emauthorities is, that it was conducted on the her I have known Owen about years 1 part of Dr. Fry with ns much care as is I live in talking distance of Owen's 1 heard usual on such occasions and very near ac-j Mrs. Owen was dead about -H o'clock, cords with medical authorities. Jonathan Owen told me, he said his motli-('ross-Examitied.—It accords with the !er was dead it was o'clock when I and practice of the surgeons as reported in the Ju3" !"s.

came to

off took

supper after they came from the graveyard: do not know what he did with the stomach while he was eating: it was in a glass jar did not get, any supper after this. lear

first taken from the grave, that is the grave nothing to excite suspicion when I wa had filled with water I saw nothing |n„

very pleasant day:

bCf OU(

aAii:I1(f

us and tried

feet

n01

TcrJ

,fot

open her

hands but could not did not notice her

her head was im-lined

orn- .-id-

Owen went to the body very often, and made a great deal of fuss, groaning: did not wee him shed anv tear.": the next morning before they buried her he .shed a lew tears. I as a so home and

O us a a id a a 1

this was about 10 o'clock. When we put her in the coffin her head was still on onc we

'uumaie vwtn ine i.imi

c"0l'e^

ot^er-

.saw ^r- ^wen

one

the lower end of tbestom-!m his hand Jonathan was crying. "Oh,

in one portion, •tel., the blood vessels seemed to be a little Oh, Lordy! nil the know The heart was not' Winnie Huffman—think she had been hv-

tlicrc

cotdipg.board it was not on whenIrspwt her oi the eciSn WM abort 6 o^elodt WMFT I and my husband eatne to Owen's hooJt, don't know who tied this handkstehisf •*o®|d her ehin Itilinklsbe looked very

Md fair Mr. Owen looked and ao-

ted like a man in great disferasspsmitaslh* mg out of .the way saw -Mrs.-Huffinift there the morning .Qf Mrr Owen!* death Jonathan came for me 1 have assisted in laying out bodies before, but none so stiff and cold as that of Mrs. Owen.

Mrs. Amanda E. lliliis callcd. I liv«T in Montgomery County my husbands nam* is Joseph E. Hillis I live between a 1 and a of a mile from Owen's have lived there about a year and 4 months I first heard of the death of Mrs. Oweb on the 27th of November, between 5 and 6 o'clock in the morning went after breakfast to Owen's house it was about 8 o'clock when I got there the body was laid out under the window they moved out the bed, then I helped move the body to where the bed had been standing when we put on her grave clothes we tried to put on her glove but could not get it on the left hand Owen tried to straighten the hand so we could get on the glove, but we could not doit, her head was thrown back and turned to to the left Owen walked accross the floor and looked at the corpse frequently tho't he went to see the corpse oftencr than I had ever seen any body before belaid his hand up against the partition as if ha was moaning for her saw no other signs of grief that day the next day I saw him shed tears as the coffin was carried out of the house lie paid some attention when he would see any persons talking and seemed as if he wanted to hear what they were talking about I saw a tea cup on the asantle picce do not know what was in it Mrs Huffman took the tea-cup down and threw something out of it and washed it to be used for the dinner tabic I "jras not at the burial was at the house during the scTvlce did not see an}'thing out of the way Between Mrs. Huffman aud Owen staid at the house until after the corpse waa taked away Mrs. Huffman went to the burial, did not see her after that do not know anything about the blow on tho head of Mrs. Owen it was about two weeks after the blow that I heard of it.

Cross-Examined.—Never was at the house of Owen but three times before her

stiff did not seem to have been disturbed: !,icath, Mr. Owen was there every time. never saw any mistreatment thai 1 know of oncc saw Mrs. Owen and the two girls, dropping corn Owen was laying out the ground, when lie passed them hs said nothing to them but when he passed Mrs

she was lying on her back with her head turned to the left. I have never laid out any one who died very sudden. It was very stormy weather, rather cool she was buried next day, in the evening. Huffman's boy called me first—MeDaniel's boy called me the second time I think I think Owen sent for me, or did think so at the jat.d very cold never had anything more to time. She was taken up on Ihursday or (do with corpses than I could help: aw a Friday afternoon: the house was full the lit.tlo tixnid she looked a great deal fair-

Huffman he asked her if she was not pretty near tired out the body was very stiff

,„v house and eat. their sup-j ,«r than any corpse ever saw and very

.ln tlm Doctors cat natural: her head was turned to one side 1

.SUj,|„.r Dr. Fry the south cast corner of this county I live

untight. I was in the room three-quarters of a mile from the* defen-

testimony was taken: I think it dant's known him four years this fall I

Fry: he sat near the door, was talked with Owen Tuesday morning after

the sugar chest the burial of his wife: this conversation

tl, and south the fire-place is on the Owen. Mr. hven can.e to mv house

lungs, liver, spleen, kidneys and uterus, tbc ..-ugar chest. The stomach smelt bad, was sick lying on the floor he came to eec and I told him I wished lie would take it

the room Dr. Fry was near Tuesday morning a little after sunrise I

out he said he should take care of it the t„ld him I had something to tell him in recover raised up by fermentation, and some I lation to his wife he was standing up, 1 of the contents rim over: it was not more than half full when it was brought to the house. Dr. Fry

after he had been there some time I

thought he had started home he druped down in his chair and said "l«rd of moro\ what is it." lie looked as though he was very much excited over it his countenance changed, dropping his face so as to be supported hy his hands 1 told him it wad generally believed by his neighbors tVjwf he had poise..od his wife. "I.ord of KMVcy" .-aid lie "what could have giveiv rise to that.he said he could prove fcy her three brothers that he had nerer given her

tern occurred on either Thursday or Fri-:f»«g« three vears last .W So- in theirs, place, the lick on day: think it was on the Ld day of De-

k(Tf flr"£

•s,or'-

.-hand's name i.- c..rgo

ntj

Pot

thVr,

hnt K,lz:t

onc

there

H"B«nan, it was some l.ttlc tune

before any onc else came William had gone to James Owen's, Susan was at the house, Jonathan came back witli inc. did not touch the body till others came in: I looked at her, she was lying on her back with a handkerchief around her chin: Owen was in the house 1 don't know who tied the handkerehicf jny mother and 1 laid out the body, it was very stiff we tried to straighten her and open her hands so as to get on some gloves, but could not Mr. Owen

a short word in his life and he did'nt know

1 MIrh

breakfast 1 then went to '. ., had better go to bed, as he was ?o sleepy

know exact who put her in the eofnn, I ... .r

,,lfnt

]u,.A(] ri„, t0

hiw

the suspicion he "ive rise to any

SIku•Id

pttspielC" I told him they believed he didi it from the fact he made no effort to get a physician then he told me Dr. Knglish had been tiie.e lo ."'.e his wife's head after she got th? blow I to'*.1 him in the next place he made no effort the bis wife died to get a physician lie told me then the reason he did'nt get a physi^ipj* was, she had died too quick after he knowed anything serious was the matter he then went on to tell me how she hud been complaining a week or two with bowel complaint ami said she had been weaving that day and cooked dinner and .'.upper but did not eat as hearty a supper as usual he said William and Kli/.a Huffman and his daughter Susan had gone oyer to Huffman's to sit until bed time after the" others eat their nipper In told Jonathan and John liuifman they had better go over with the ballanee of them and sit till bed-' time said he had got a new paper that day and sat down to read it his wife was cleaning dishes, and she told him he must be very sleepy-headed to get sleepy when he had a new paper—that she ncver saw him do that way before said he commenced reading his paper again his wife was knitting—she told him she guessed they

he said he would first dress her head h.rf

., wile said he i.iK'ht if he had a mind to,

was one and there were three or four more: ,- said he got up ana made a solution ot soap, uintton and tallow and put on it said he .... went to bed and in five minutes fell off tc side her hands were still cramped we,.,

was ncver s0

following ^ur

"j0 spring she was atom

house most of the time this was in the spring of 1858 shi lived in a little house of Owen's, about one-half mile from Owen's house she had been living previous to this at Owen's don't know what time Mrs. Huffman came to Owen's house, but think it was before corn-planting time should think she was there about 6 months.

Cross-Examined.—Was not at Owen very often this spring before the death of Mrs. Owen, not more than two or -three times saw Mrs. Huffman at Owen a great deal, how often I do not know, she lived at Owen's house even after the new house was finished for her do not know her business don't know much about her have seen her often has been at my house once and spent the evening am sure Mrs. Owen did not have on only one glove tried to put tbe glove oo after we got her on the

gleepy in his life beinto must until to up arini

'cj0). ]K, morning when she came

judge of their relations to e.t ^r,(j |J0 p( Kaymg she had been

five ti|ncg

jiat jjC ijrew her ari

over him and aroused him said he dozed off afjain, when she presently awakened him by her screaming "Father! I-ather' Father!" that he asked her what waa the matter—-that she made him no reply said he sprang out of bed and made a light by the fire that he looked around and she was sittin" up in the bed that tben William came in, and that she said to him, "William, won't you £0?"—said he ran to her, that he threw his arms around her neck and said, "Honey, where do you want William to go?"—saidshe threw her hands around his neck and drew him down to ber, and he said he told William to put on bis clothes and go for a Doctor (supposing that was what she meant) said before William got his clothes on he saw she was dead that he told William it was no use to go for the Doctor, but to get his horse and go for hia brother James, and to tell James to send for noratio and Alfred. I told hhn then was when he did wrong, that he otight to have sent for 'two doctors to determiner