Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 28 July 1859 — Page 1

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IiOttcr from Pnniel E. Sickles. NEW YOKE. July 20. The Herald of to day contains a letter from lion. Daniel E. Sickles" in which he corrects a htatenient mad- in that paper yesterday. regardinjr the recent event in his domestic relations— the reconciliation. He says:

It was my own act, without any consultation with anv relative, connection, friend or adviser, whatever. Plame. if any belongs to the step, should fall upon'me. am prepared to defend what have done,before 'he onlv tribunal I recognize as havirp the slightest chum to jurisdiction over the subject—my o-. conscience and the bar of Heaven. I am not awn re of any statute or code of mor^s which mnkes it infamous t,o forpive a '.vomnn: nor is it usual to make our 1ojnest life a subject of consultation with friends, r.o nv.tter how near an'l dent to us: and ennnot allow even fill the world combined to dictate the repudiation of my wife, when I think it ripht to forgive her, and restore her to my confidence and protection.

If I ever failed to comprehend the utter desolate position of an offendinpr. though penitent, woman—the hopeless future with its dark probabilities oi'danper to which she is doomed, when proscribed as an outcast—I can now see plainly cnouph in the almost universal howl of denunciation with which phe is followed to my threshold, the ndseiv and perils from which 1 have rescued the mother of my clrld. And although it is very hard for me to incur the blame of friends and the reproaches of many wise and .ood people, T_shall strive to prove to all who feel any interest in me that if am the first man who has ventured to say to the tvorld. an erring wife and mother may be forgiven find redeemed, that in spite ofall the obstacles in niv path Ithe good result of this example shall entitle it to the imitation of the generous and the commendation of the just.

Thcrp are many who think that an act of duty proceeding solely from affections which can only be comprehended in the heart of a husband and a father, is to be fatal to my professional, political and social standing. II this be so, then so be it. Political standing, professional success, social recognition, are not the oulv prizes of ambit'on and so long as I do noting more than to reunite my family under the roof where they may find shelter from contumely and persecution, I do not fear the noisy but fleeting voice of popular clamor. The multitude ac ept their first impressions from a few, but in the end, men think for themselves and If I know the human heart—and I sometimes think that in a career of minded sunshine and storm. I have sounded nearly all it9 depths—then I may reassure those who look with reluctant forebodings upon my future, to be of good cheer, for I will not cease to indicate a just claim to the rcspectol mv fellows while to those motley groups htn-e and there who look upon my misfortunes only as weapons to be employed for my destruction—to those I say once for all: if a man make a good iise of his enemies they will be as serviceable to him as his frieuds.

In conclusion let me ask only one favor of those who, from whatever motive may deem it ncressary or agreeable to comment in public or private .upon this sad history, and that is, to aim all their arrows at my breast, and lor the sake of my iupucent child, to spare her yet youthful moth cr while she seeks in sorrow and contrition the mercy and the pardou of Him before whom, sooner or later, we must oil appear.

JSTThe Chicago Tribune of yesterday uotiies tlie course of the wheat speculation, and conclude that at least a half million of doliais have be^n lost in that city alone.— When the war broke out standard spting wheat ran up $1,30 per bushel. It was quoted at the middle of May. Yesterday the same grain sold at 52 cents, and corn actually sold for 11 cents per bushel moro than wheat. This sort of speculation don't pay.—lad. Journal. 20th.

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MONTGOMERY1CIRCUIT COURT. ———

TRIAL OF JONATHAN S. OWEN FOR MURDER. ———

THIRD DAY. THURSDAY, July 21.

Court opened al 8 o'clock. The crossexamination of Jas. M. Owen was resumed: In connection with my brother I have gone to a great deal of expense to carry on this prosecution. We have employed two law firms to aid the Prosecutor. I took notes of the occurrence shortly after the difficulty. I don't know where they are, unless they are in the hands of Col. Gregory. I told them something of the matter verbally before I gave them my written statement.

TO MR. GREGORY—I am brother of deceased. I and my brother united to carry on the trial; we were induced to do so by the neighbors; we were at the Coroner's inquest: we instituted the inquest, but we did not employ counsel until afterwards.

<Thompson B. Stevens> called. I reside in the south-east corner of this county; have known the defendant a little over two years. About a year ago last May I was going to Ladoga; the road passes through Owen's farm; he was in his sugar camp, He called and asked me to get him a dime's worth of arsenic to kill rats with, at Miller's Drug Store. I did so. I came back another road; I gave it. to Jonathan, his son, and saw him start towards the house with it. Defendant was at the house at the time. I am not certain whether it was the 1st of April or May—think it was the 1st of April. I think I got the arsenic of Dr. Miller himself.

<Cross Examined>.—Sugar weather was about over; I don't know what Owen was doing in the sugar camp; the camp lays partly on the south and partly on the north side of the road. The arsenic was given to defendant's son; I guess he gave it to his father— dont know certainly: I called to defendant and told him I had it, and heard prisoner tell his son to come out to me and get it.

<Dr. Miller> called. I live in Ladoga, and am a druggist and physician; have been a physician 18 years. I have known defendant eight years. About the 23d day of .June, 1858, be 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 strychnine than of almost any other 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 then stated that he would take that quantity; that was about all that was said; the price was 75 cts.; it was in a small vial; it would hold a fluid ounce; it was a short vial, the kind usually used for such purposes; it was rather a large quantity for the purpose, but I have sold the same quantities to other persons for the same purpose. I did not see deceased during the summer of 1858.

<Cross-Examined>.—The vial was about 1 1/4 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 medicine sold by me; I have heard a good deal said about rats being bad in my neighborhood. I charged it to him, so I know the date of the purchase, otherwise perhaps I would have forgotten the date; 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 recollect of selling 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 practiced 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 my 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 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'; 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 placed it there himself; it was two days after the injury been inflicted or pehaps 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; I don't think she ever told me anything about it; I know nothing about her general health; my call was accidental; I was at the <post mortem> examination: Mr. Vanarsdall the Coroner called me as he said at the request of Dr. Fry; examination was made at the grave yard about a half mile from the defendant's house; there was a large crowd present at the <post mortem> examination; Dr. Wilson was also present; we assisted Dr. Fry in making the examination; we made a thorough examination; the several

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organs of the body were examined particularly; the brain, spinal marrow, heart and lungs, liver, spleen, kidneys and uterus, all of which appeared to be in a healthy condition; the stomach together with a portion of the smaller bowels were removed from the body, placed in a glass jar and delivered to Dr. Fry of which I 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 the bone was sound; aside from the stomach I did not find any appreciable cause for the death. The body was in water when it was first taken from the grave, that is the grave had filled with water; I saw nothing peculiar in the position of the body at the. time it was taken from the coffin; <post mortem> occurred on either Thursday and Friday; I think it was on the 2d day of December 1858. Dr. Fry conducted the examination, I assisted; my opinion as a professional man as to this <post mortem> examination and its accordance with medical authorities is, that it was conducted on the part of Dr. Fry with as much care as is usual on such occasions and very near accords with medical authorities.

<Cross-Examined>.—It accords with the practice of the surgeons as reported in the journals. I have been reading the American Journal of Medical Science, published in Philadelphia; it accords with works I have read upon surgery. Taylor's work on poisons in his medical jurisprudence, I read occasionally; I have read it since this death occurred. This is my first case in <post mortem>. I have examined no authorities on the subject before. Taylor says the method of conducting an examination depends on the character of the case; he recommends that the vital organs should be examined. I understood the death occurred between Saturday night and Sunday; the <post mortem> occurred on the next Thursday, near noon of that day, the examination took place near the grave; the day was rather pleasant for the season; it was the 2d of December; we were engaged about five hours in the matter; 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 carefully, I think by Dr. Fry. I have seen examinations of the brain in Louisville; there are three coverings for the brain there was no appearance of congestion of the brain; it was in its normal state we didn't trace the spinal cord; we examined the spine between the shoulders; that section of the spine was taken out by Dr. Fry; it presented no abnormal features. We examined the stomach; I saw no signs of congestion; in one portion, the lower end of the stomach, the blood vessels seemed to be a little fuller than the others. The heart was not discolored; it appeared perfectly natural.

We did not examine the intestines; they were full; dont't [sic] know whether they were filled with gas or natural contents. We did not put all of the bowels in the jar; it would hold about a quart; the first I saw of the jar Wilson had it; the jar had a large mouth, 2 1/4 inches diameter; the stomach was put in entire with all its contents, with the small iuiestines. The last

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 long after 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 have before detailed; by consent of the jury Dr. Fry took possession of the jar; I don't know where the jar was at the time ;the jar may have been placed under the board we used, or on it; can't say; I saw no body have any especial charge of the jar; when my eyes were not on it I can't say where it was; after we got to Mr. Willis Clark's I noticed the contents of the jar were fermenting, so that the cork of it was partially raised: I did'nt notice that it fcrmented 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 remain- ed 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 county, am fifty nine years old, was examined at the Coroner's inquest, have known Owen for eight or nine years, he lives about one half mile from my house; was sent for about 5 o'clock to go to Mr. Mr. [sic] 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 side; 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, 60 much 60 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; I had to tear her clothes all off of her, she was so stiff; she was very cold; was not very intimate with the deceased.

CROSS-EXAMINED.—I am the wife of Willis Clark—the corpse was very cold and

N I O N I N A N E

stiff—did not seem to have been disturbed —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

burried next day, in the evening. Huffman's boy called me first—McDaniel's boy called me the second time I think—I think Owen sent for me, or did think so at the time. She was taken up on Thursday or Friday afternoon—the house was full— the jury came to my house and eat their supper, or the most of them—the Doctors eat there—there were three or four Doctors there—Dr. Fry, Dr. English, and Dr. Willson were there and eat supper— Dr. Fry left near midnight. I was in the room when the testimony was taken—I think it was Dr. Fry—he sat near the door, was writing on his knee or sugar chest— there are two doors in the room, opening north and south—the fire-place is on the west side of the room—Dr. Fry was near the sugar chest. The stomach smelt bad, and I told him I wished he would take it out—he said lie should take care of it— the cover raised up by fermentation, and some of the contents run over—it was not more than half full when it was brought to the house. Dr. Fry took the cover off— took supper after they came from the graveyard—do not know what he did with her stomach while he was eating—it was in a glass jar—did not get any supper after this The day she was taken up was very clear cool weather, a very pleasant day—saw nothing to excite suspiction [sic] when I was laying her out.

DR. MILLER recalled. Have been selling drugs for. three years last March, 1859— keep what is usually kept in a drug store.

MRS. WINFOR MORRIS called. I live in this county—my husband's name is George E. Morris—I first heard of the death of Mrs. Owen about the twenty-seventh day of November—I have known Owen about 9 years—I live in talking distance of Owen's

—I heard Mrs. Owen was dead about 4 1/2 o'clock. Jonathan Owen told me, he said his mother was dead—it was about 5 o'clock when I and my husband got there —no one was there but Eliza Huffman, it was some little time before any one else came—William had gone to James

Owen's, Susan was at the house, Jonathan came back with me. I did not touch the body till the others came in—I looked at her, she was laying on her back with a handkerchief around her chin—Owen was in the house—I don't know who tied the handkerchief—my mother and I laid out the body, it was very stiff—we tried to straighten and open her hands so as to get on some gloves, but could not—Mr. Owen come to us and tried to open her hands but could not—did not notice her feet— her head was inclined to one side—Owen went to the body very often, and made a great deal of fuss, groaning—did not see him shed any tears—the next morning before they burried her he shed a few tears. I was at the house some time, then went home and got breakfast—I then went to Owen's house and staid all day—I don't know exactly who put her in the coffen [sic], I was one and there were three or four more —this was about 10 c'clock. When we put her in the coffiu her head was still on one side—her hands were still cramped— we got one glove on—did not notice her feet—saw no signs of bowel complaint.— I had known the deceased nine or ten years —was not very intimate with the family— not enough to judge of their relations to each other. I saw Mr. Owen one day following Jonathan in the house—Owen had a cane in his hand—Jonathan was crying, "Oh, Lordy! Oh, Lordy!" all the while. I know Winnie Huffman—think she had been living there all the spring— she was about the house most of her time— this was in the spring of 1858—she 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's very often this spring before the death of Mrs. Owen, not more than two or three times; saw Mrs. Huffman at Owen's 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 evning [sic]; am sure Mrs. Owen did not have on only one glove: tried to put the glove on after we got her on the cooling board; it was not on when we put her in the coffin: was about 5 o'clock when I and my 'husband came to Owen's house; don't know who tied the handkerchief around her chin; think she looked very natural and fair; Mr. Owen looked and acted like a man in great distress; saw nothing out of the way; saw Mrs. Huffman there the morning of Mrs. Owen's death; Jonathan came for me; I have assisted in laying out bodies before, but none so stiff and cold as that of Mrs. Owen.

MRS. AMANDA E. HILLIS called. I live in Montgomery County; my husbands name is Jos. E. Hillis; I live between a 1/2 and a 1/4 of a mile from Owen's; have lived there about a year and 4 months: I first heard of the death of Mrs. Owen 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; she 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 sraighten [sic] the hand so we could get on the glove, but we could not do it; her head was thrown back and turned to the left; Owen walked across the floor and looked at the corpse frequentIy—thought he went to see the corpse ofetner [sic] than I had ever seen any body before—he laid his hand up against the partition as if he 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—he paid some attention when he would see any persons talking and seemed as if he wanted to hear what they were a talkng [sic] about—I saw a tea cup on the mat [sic]-

tle piece—do not know what was in it. Mrs. Huff-

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JULY 28, 1859.

man took the tea-cup down and threw something out of it and washed it to be used for the dinner table—I was not at the burial—was at the house during the service—did not see anything out of the way between Mrs Huffman and Owen—staid at the house until after the corpse was taken away—Mrs. Huffman went to the burial—did not see her after that—do not know anything about the blow on the 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 death, Mr. Owen was there every time; never saw any mistreatment, that I know of; once I saw Mrs. Owen and the two girls; dropping corn; Owen was laying out the ground, when he passed them he said nothing to them but when he passed Mrs. Huffman he asked her if she was not pretty near tired out; the body was very stiff and very cold; never had anything more to do with corpses than I could help am a little timid; she looked a great deal fairer than any corpse I ever saw and very natural; her head was turned to one side & we could not turn her head at all.

<Thomas McDonald> called. I live in the south east corner of this county; I live three-quarters of a mile from the defenant's; known him four years this fall; I talked with Owen Tuesday morning after the burial of his wife; this conversation was had before I talked with James M. Owen. Mr. Owen came to my house Tuesday morning a little after sunrise; I was sick lying on the floor; he came to see me; after he had been there some time I told him I had something to tell him in relation to his wife; he was standing up, I thought he had started home; he dropped down in his chair and said "Lord of mercy what is it." He looked as though he was very much excited over it; his countenance changed dropping his face so as to be supported by his hands; I told him it was generally believed by his neighbors that he had poisened [sic] hes [sic]. "Lord of mercy" said he "what could have given rise to that?" he said he could prove by her three brothers that he had never given her a short word in his life and he didn't know how people could get such ideas about him. I told him, in the first place, the lick on the head gave rise to the suspicion; he asked me why that should give rise to any suspicion; I told him they believed he did it from the fact that he made no effort to get a physician; then he told me Dr. English had been there to see his wife's head after she got the blow; I told him in the next place he made no effort the night his wife died to get a physician; he told me then the reason he did'nt get a physician was, she had died too quick after he knowed any thing serious was the matter; he then went on tell me how she had been complaining a week or two with bowel complaint and said she had been weaving that day and cooled dinner and supper but did not eat as hearty a supper as usual; he said William and Eliza Huffman and his daughter Susan had gone over to Huffman's to sit until bed time; after the others eat their supper he told Jonathan aud John Huffman they had better go over with the ballance of them and sit till bedtime: 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 never saw him do that way before; said he commenced reading his paper again; his wife was knitting— she told him she guessed they had better go to bed, as be was so sleepy; he said he would first dress her head; his wife said he might if he had a mind to; said he got up and made a solution of soap, mutton tallow and put on it said he went to bed and in five minutes fell off to sleep; was never so sleepy in his life before—hardly recollected her getting into bed—said he knew nothing more: must have slept sound: knew nothing more until 5 o'clock in the morning when she came to bed after being up, saying she had been up four or five times: that she threw her arms over him and aroused him: said he dozed of again, when she presently awakened him by her screaming "Father! Father! Father!" that he asked her what was 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 sitting up in the bed: that then William came in. and that, she said to him, "William won't you go?"—said he ran to her. that he threw his arms around her neck and said, "Honey, where do you want

William to go?" said she threw her hands around his neck and drew him down to her, and he said he told William to put on his 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 his brother James, and to tell James to send for Horatio and Alfred. I told him then was when he did wrong, that he ought to have sent for two doctors to determine the cause of her death. He said the reason he didn't do it was that he supposed the lick on her head was what caused her death: said a week or two before that he was dressing her head, while washing it, and that be discovered a loose bone there: that he felt the bone scratch the rag as he was washing it; that he told Kizziah that he believed there was a loose bone in that place, and that she told him to examine and get it out if there was; said he took his knife and found the end of the bone sticking up—that he got it out without much trouble; that the flesh had rotted loose around it; said its smell was so oppressive that it was a bitter pill to get it out; that after it was out Kizziah said she wanted it washed off to show her brother James; said he scraped it off— that it was one-half as long as his forefinger, and sharp at the point: that he laid it on the shelf, but supposed it got knocked down as he could not find it afterwards.— I told him then there was one way to get rid of this suspicion; asked me how —I told him to have a coroner and have

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her taken up, a jury called and have her examined; that he said he never could nor would do; he could never stand to have her cut and carved in the manner she wo'd have to be; I told him that was my notion in telling him, that I thought a neighbor onght to have a chance to clear himself. He asked me if the coroner should come and she was taken up and examined whether, if she had been poisoned, they could discover any traces of it after so long a time. I told him if she had been poisoned it could be told as well in two months as it could the day she died. He said he could not do it: I said if he did not some one else would, and that would make it so much the worse if this poison was found. He asked me if I thought any one else would have her taken up if he did not; I said I should not wonder if the Coroner was at the grave that day. I told him the news reached Crawfordsville on Saturday and the Coroner would likely come down to see about it that day; at this point Jas. Manners came to my door I let him in, he took a chair; Owen turned to him and said: Brother Manners, the Squire has been telling me some horrible things about the death of my wife. Well says he, Sidney, if it is about the death of your wife I don't suppose he has told you half as bad as it is; said he, go down about Ladoga and the people are very much excited and from what I can hear, the farther it gets from home the worse it is; it is all the chat in Ladoga and I have even heard from Crawfordsville and that is all the talk there. I then told Manners what I told Owen to do and Manners replied that was the only way to get clear of it. Owen then turned to Manners and said: "If she should be taken up and poison found in her it would do no good." Manners said no, it will not. I said it will lighten it on yon a little under the circumstances. This was about sunrise on Tuesday morning; I next met James Owen and brother, the next evening and told them the suspicions as to his poisoning his wife; the other brother was Horatio. I live a little over three quarters of a mile from the defendant; we had some talk about Mrs. Huffman and his affairs; he asked me if Huffman had not been there to get up a law-suit between him and John Owen for keeping his children at his house. I said he had asked me why I did not get up the suit. I said the reason I didn't was because Huffman had been drinking. He said if he had any more lawing to do he should get some one else to do it, and he said he would get a change of venue and get me to try it. I told him he had better send her away from the house for the neighbors were prophesying about it. He said his wife was sick, that he had hired a house for her and his wife furnished provisions and he did not know as it was any of our business; this was the 20th of September, 1858. A few more words passed between us some time after his daughter was married. She was married in February; I had a daughter to be married; Mrs. Owen asked me if there was anything in it; I said there was I believed; I said my wife and daughter never quarreled; she said stepmothers sometimes get bad names wrongfully, that she had taken more from his children than she had ever deserved.

Owen said there was a great deal of difference between children as wcll as stepmothers, and that she had been as good to her children as they to her; Huffman and wife last lived in Hendricks county; parted in the latter part of the winter 1858; she come to Owen's in the spring; when she first came she was at John Owen's house: then went to Sidney Owen's house; this was in the spring she left there in the fall about the time corn was heading.

CROSS-EXAMINED.—I have known defendant four years this fall; never saw him till I moved there—was at his house sometimes—was there only once after his daughter was married; they madc me a visit about that time; never saw Owen mistreat his wife—always thought he was a kind husband; every one that came in had remarks to make about the death; a good many called; my manner was constrained in speaking to him and different from my usual way; my manner might have made a difference in his actions. I waited sometimes to see if he would not open the conversation on the subject himself: I hated to do it. His statement of the manner of the death of his wife was perfectly free, and he told the story right along without any reserve or any attempt at concealment: he came to the old man Manners and said the Esquire has been telling me awful news about the death of my wife; Manners said be has not told you half as bad as it is; Owen always said he was innocent and once said poison might be found and yet he was as innocent as an angel in heaven; Mr. Owen always sided with his wife; Owen is very excitable, and is a little different than when he is perfectly cool, has often caught me quickly by the arm while talking— Huffman is nearly a stranger to me and I never saw him unless he was more or less in liquor— John Owen is a brother-in-law to Winnie Huffman; she went from John Owen to Sidney Owen's; think John Owen has the most house room; sometime after the 30th of Oct. Minnie Huffman left Sidney Owen's and went into her new house; never knew of her going out to sew; never knew of her going back to John's to hire after she left Sydney's.

TO GREGORY.—I weighed my hogs at defendant's house on 17th of November, left there near 8 o'clock, think I saw Winnie Huffman there at the time: did not see her there after that.

It being five o'clock Court adjourned until 8 o'clock to-morrow morning. ———

FOURTH DAY.

FRIDAY July 22.

Court opened at 8 o'clock. <Espuire [sic] McDonald> re-called. My hogs were weighed the 1st of November, 1858; went there between 7 and 8 o'clock—was at the pen most of the time—was not in good health—was at the house twice in the evening—was there some 1 1/2 hours after we got done weighing hogs: I think I saw Winnie Huffman there in the evening—am certain of it: don't think she was living there at the time; do not know but Mrs. Huffman worked at Alfred Owen's, or at Horatio's house; she moved in the new house near the 1st of November; she separated from her husband near the 1st of December 1857.

TO MR. GREGORY—Saw Wm. Harris at the defendant's house the 17th of November, 1858.— Owen rented the room to Mrs. Huffman near the 20th of September.

<James Manners, senior>, called. I live in Montgomery county, about 1 1/2 or 1 3/4 miles from defendant. I have known defendant over 20 years —have lived on the same farm all the time; was friendly with the prisoner, was at the house of

Esquire McDonald, two or three days after the

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death of Mrs. Owen—don't know the time of day—went to see McDonald. Owen was there; after a while he said, the squire has been telling me some hard things, and wanted to know if I had heard of it, I said I had, and thought the Esquire acted a friendly part in telling him, for now he could soon have a chance to clear himself; Owen said, if I should let her be taken up and poison should be found in her, what would be the consequence to me I said he would be in a pretty bad fix; appeared about the same as usual; went to Owen's house with Owen, on the way he said, suppose she was taken up and poison found in her and I was as innocent as that tree, what could they do with me; I said it would go hard with him, and he replied, I think so; kept talking on the subject, I urged him to have her taken up. till we had got to his house; he said if he should have her taken up and examined and poison found in her, she might have taken it herself or she might have been poisoned by some one else, for we often hear of such things in the papers now-a-days; I said, as before, it will go hard with you; I said if she was.examined she might be found to have come to her death by the blow on her head; yes, said he was dressing the wound and told his wife he thought the bone could be got out: he took his penknife and took it out, and said it was about as large as his thumb nail, he said he would see James Owen about having her taken up. Owen expressed his assent, and I thought this was the best way to clear himself of the suspicion.

CROSS-EXAMINED.—I don't think I told McDonald of any excitement at Ladoga or this place —heard some such rumor. Owen kept saying he was innocent. Have been at his house many times: he had been living with Kizziah 16 or 17 years—never saw him mistreat his wife—don't know that he ever did so: thought he was a man of considerable zeal in everything he undertook: have known him about 20 years: am 60 years old: was at Owen's the day and the day before the hogs were weighed: my answers to all his questions were, "It will go hard with you."

TO GREGORY.—He is regarded as a man of great physical powers, and everything he tries to do he does with a will: is pretty much the same on politics as on rolling logs.

ELIZABETH Q. CUNNINGHAM called.—Live in Montgomery County between one-fourth and 1/2 a mile from defendant's and heard of deceased's death between 4 & 5 o'clock: nothing done when I got there with the corpse: I assisted in laying Mrs. Owen out—her neck was crooked a little— she was stiff—we could not straighten her hand, was raining that morning, was cold and chilly— I staid from Saturday morning nutil [sic] they started to the grave with the remains on Sunday—Mrs. Huffman was there when I got there—the three brothers and one of their wives, Mrs. Huffman & children and myself staid over night—I saw a vial on Saturday in a small hole in the weatherboarding in the side of the cook room—saw defendant do nothing with the vial—Polly Owen was there.

CROSS-EXAMINED.—The vial looked a good deal like an ordinary linament vial, though not quite so large—have had such vials around my own house—I didn't think there was anything remarkable about the vial—don't know the length—it it had not been for what happened afterwards I would not thought of it again—didn't know the deceased, never was in the house before.

Mrs. POLLY OWEN called. Alfred Owen is my husband; am a sister-in-law of deceased; live 1 1/2

it.

miles from defendant; knew deceased ever since she was a baby; have known defendant 20 years; just heard of death of deceased about half after 6 o'clock; Fox told us of it; went over immediately; we were told to go over soon if we expected to see her alive; it was after 7 o'clock before I saw deceased; staid until they got back from the grave: when I got there I saw a vial in the hall in the hall of the cook room—did'nt know anything of it. Sidney said there, laid a vail, put

water in it and shook it, poured the water out and put it away—Mrs. Huffman and Owen talked together more frequently than any others about—he was in great lamentation, only when he talked with Mrs. Huffman—I was very much hurt myself to go there and find things in such a condition—once when I and my husband were talking in the yard defendant came to us—don't know what we wanted—was not at the grave— deceased was laid out in a poor shroud—Mrs. Huffman said it was luck to put any persons clothes on her—Owen said he had not shaved, on one occasion—-Mrs. Huffman said I will shave you—after the balance had taken supper defendant remained at the supper table.

CROSS-EXAMINED.—This occurred Saturday morning about 2 o'clock when this talk about shaving came up—I told Winnie when she said she would shave defendant that I could wash the dishes—I paid but little attention to Owen —tho vial caused me no trouble until after Owen was suspected—I have been married to Alfred Owen 25 years—known Kizziah from her cradle—I saw Sidney shed no tears—I don't think much of a persons grief unless they shed tears.

ROBERT D. YOUEL called. I reside in Ladoga; know defendant—knew him four years last June —I started from Ladoga on the 2d of December, 1858, towards Thorntown—arrived there, made inquiry if they knew anything about Owen—at Osburn's Hotel learned that defendent had been there—saw his horse—I knew him—was a dark brown horse with a star in his face. Took the train about midnight—went to Lafayette, thenee to Danville and Beckman's Point where his brother-in-law keeps hotel—and then returned home. A few days afterwards I started again in pursuit with James and Horatio Owen to Michigan City—could'nt get much information there, then went to Joliet and thence returned home— got home Saturday morning—I got such information from a Mr. Jones that led me to go and see Vice, but the visit there was unsatisfacrory [sic]— went and got a requisition from the Governor and gave it to Sheriff Schooler—on the 20th of December at Detroit: detective officers gave us information of defendant, that he was in Canada; we crossed the river, went to a hotel and found Owen reading a newspaper. I said to him, how do you do Mr. Owen, glad to see you, have been looking for you a good while—he made an effort to speak to me—commenced trembling, so I turned to the officers and said he was the man. Wo took him to a back room and took away his knife. The deputy-sheriff asked him whether he would prefer to go to jail there or go over to the United States side—he made no resistance, but went along with us. His looks when I first approached him were such as I never saw before—he was terror struck and sweat considerably: he was so excited he could'nt use his voice at all—this occurred about the time I spoke to the officers—he made no effort except to speak. My occupation in Ladoga was hotel keeper and constable, Schooler saw him three quarters of an hour after I first saw him at Windsor, Canada. Owen was a man I had thought a good deal of, we belong to the same political party and had talked together a good deal. On my way back home after he was arrested he talked a great deal; think it was at Michigan City he asked me about his family, how his wife looked at the post-mortem examination—he asked me from what I had learned if I thought the fact as to whether she had been poisoned could be established. I told him I could'nt tell; I told him likewise, that I had heard some statements made by defendant in regard to the matter: that from these statements I supposed she had died of poison—he then aaked me who I thought had given his wife the poison. I told him I could not tell that.

He then wanted to know what he had to do to get clear of the charge, provided poison was found in the stomach: I said perhaps he could prove she had poisoned herself—said he did not know whether he could or not—I asked him if he had ever bought any poison—said he had sent to Ladoga by someone and had bought a dime's worth of arsenic, sometime during the spring or summer before—said he bought it to kill rats with—I asked him if he could prove he had used it for that purpose—he said he and his wife had fixed up about one half of it, and had placed it where the rats were in the habit of staying, and that