6 Park. Cr. 49 | Court Of Oyer And Terminer New York | 1860
After the opening of the case by the .district attorney, the first witness called was
Mrs. Elizabeth 8helman, who testified: I reside in Oneonta; am married; know defendant and the family of Mr. MeCraney; I sat up with Huldah Ann MeCraney the Wednesday night before she died; sat up alone; defendant and the family retired about nine; was alone during the night only when defendant got up; she got up as often, I should think, as once an hour all night; .1 did not call her; Huldah drowsed' some during the night, but did not sleep sound; I gave her drinks and some medicine as I was ordered; mostly warm tea and a very little cold water; Mrs. MeCraney fixed some warm tea before she went to bed;
Cross-examined: There was a good deal of excitement at Oneonta; have participated somewhat in it; Mr. McCraney did not set up the night I did; he was there at the spell in the morning, but can’t say whether he was at the other; I went to sleep after one on the bed; I don’t thinkl laid over an hour; had no means of discovering the time except from hearing the clock strike below; did not hear the spasms called hysterics; defendant said the doctor called them hysterics; that the doctor said she was nervous like her mother; don’t recollect what she said during the time Huldah had the spells; when she spoke of Huldah’s having the spells was Monday afternoon; she said nothing had then passed Huldah’s bowels since she had been taken sick; she drank all she desired to; she drank as many as half a dozen times; she drank all she wished to; every time she drank I throwed out what was left, and went down after more; did not throw up the tea she drank; the attempting to vomit was merely a rising of the stomach; she vomited almost immediately after taking the fever powder; it was white; I think the light was dim; was a small powder; she took morphine twice before; she was very restless; they had a blister wash rubbed on her; it was on her chest, not on her bowels; did not hear her complain of pain there; she put her hands on her bowels to remove the clothing.
Mrs. Harriet Hudson, sworn, testified: Know defendant, and have about a year; I lived near Mr. McCraney last spring; I sat up with Huldah on Wednesday night before she died; Lucia Baker, a daughter of defendant, sat up with me; I handed one pill to Mrs. McCraney, and she gave it to Huldah; Mrs. McCraney was up at twelve
Gross-examined: She did not say she would like to have her opened; did not express any wish either way; I live on a street running west from the main street; I have considerable feeling in the matter, but do not think I see things in any different light from what they occurred; defendant seemed to take the best care of Huldah; always treated her kindly and took the best care of her; when Huldah awoke she would only give one long screech; I thought she was a little delirious when she first awoke; this was, I think, the 10th of May; I sat with a shawl on; felt of her skin; her feet and hands seemed cold; she would want drink, then doze for perhaps twenty minutes; she slept and awoke so, I think, half a dozen times, perhaps less; I gave her half a teacupful of rice water; not a great deal of water; had it more than once; about half a tumblerful; gave her brandy and sugar about five times; about two tea spoonfuls at a time; she- liked to take the brandy; I left about five o’clock in the morning; don’t know where the brandy was procured; gave it-by Mrs. McCraney’s directions; she did not say the doctor had ordered brandy; she gave brandy in the afternoon the same way I did; up to that time I understood she had had no movement of the bowels; she did not vomit the night
Naomi Packard, sworn, testified: Reside at Oneonta, on the same street Mrs. McCraney did; next house; I sat up with Huldah the night she died; she died Thursday night about one o’clock; I gave her no medicine; no one did; drinks were given her by me and Mrs. McCraney; Huldah complained of being thirsty; called for water, and brandy and water were given her several times; she complained of her stomach; laid her hands on it and said, “ Oh, my stomach! Oh, my stomach and my head! ” she breathed very hard, and at times loud; she drowsed a very little; she would lie quiet a few moments and throw up her hands and draw a long, deep sigh; scream at times very loud; her countenance was bloated about the face, mouth and neck under the chin; did not notice the pupil of the eye; don’t remember anything about her sight that night; Huldah remained in bed, except once she got .out of bed nearly; she inquired for her father, and made an attempt to go after him; got nearly out of bed before I was aware of it; Mrs. McCraney put her back; she appeared quiet; her voice strong and clear; her pulse was not steady, and not much pulse; when she got up it was between nine and ten o’clock; she was in possession of her faculties; had her reason; her father was called in when she inquired for him; she said she wanted to see him;, had a conver
Cross-examined: Mrs. McCraney said Huldah’s bowels had not moved since she was taken; she referred her difficulty to the bowels; think there was something said about her bowels not moving; on Tuesday of the first week of Huldah’s sickness had a conversation with defendant sbout what ailed Huldah; I asked her what ailed Huldah; she said she thought it was very strange what ailed her and did not believe the doctor knew; she told me about the croton oil pills, I think on the second Tuesday; said she
Re-direct examination: Huldah several times that night complained of being sick and said she wanted to .vomit; we held a dish and she could not; she tried quite hard to do so; was in Saturday after she died; she was bloated considerably.
Mrs. Martha Reitz, testified: I, last spring, resided next house to Mr. McCraney; was in and. out during Huldah’s sickness; was first in the Monday after she was taken; Mrs. McCraney was present; saw Huldah; she was in bed;-1 asked defendant what ailed Huldah; she said she undoubtedly would have a course of fever; that she had given her several portions of physic and it had had no effect; had a conversation about croton oil; she seemed to think it ought to operate; I told her I had taken a great deal more physic, and the last I had taken was croton oil; she said she supposed that would kill or cure; I told her I supposed it was so, it was very powerful; was there about half an hour; was there next Sabbath evening, but did not see Huldah; saw defendant; she was in the sitting room down stairs; talked about Huldah’s sickness; she said Huldah’s symptoms were strong and she said she thought she grew worse instead of better; next called on Monday morning; went alone; saw Huldah; Mrs. McCraney and Lucia were present; Huldah was very much changed, her face looked fuller than usual, and there was a swelling about her eyes; the pupil of her eye seemed small and contracted; Mrs. McCraney said, the night before Huldah had had what she called spasms; she said the doctor said they were hysterics; she said she had seen persons have hysterics, and she'did not think they were that; that they were more like' spasms; she said she thought her bowels were inflamed: there was a ridge over them; she placed her hands on it and asked -me
■ Cross-examined: Have said considerable about this case; I was sworn at the coroner’s inquest; I remembered the facts as well then as now; I testified that Mrs. McCraney said Huldah had what she thought were spasms; I testified that they were loud, and lasted two or three minutes; Mrs. McCraney said, on the Monday before Huldah died, that the doctor said he was afraid the disease would go to her head; I told Huldah to be patient; Mrs. McCraney said she had prevailed on the doctor to let her have a blister wash; Mrs. McCraney said there had been only a slight movement of the bowels since Huldah was taken sick; next saw Huldah the day she died; her bowels moved once while I was there; I understood her bowels had moved once before I got there; I think I heard the hiccoughing before Huldah’s bowels moved; it was not about the time; it may have been half an hour before; she had sinking spells, and appeared to feel faint; Mrs. McCraney was there nearly all the while; she made some chicken broth, of which Huldah took some; took brandy several ■ times-; sometimes the brandy would run out of her mouth, and she said she could not swallow; think it did so twice; swallowed the chicken broth; did not see her spit; she seemed to grow more restless, throwing the bed-clothes off and putting them back again; it was not very warm nor very cold; Mrs. McCraney’s face was over-flushed when I went there; she seemed tired; the doctor remained only a short time; the chicken broth was given after he left; Mrs. McCraney was so pale only a few moments; don’t know that she looked so when she first came to the
Re-direct examination: Was there when Mrs. MeCraney wont down to make chicken broth; Mr. MeCraney said he had got the chicken; on Monday before Huldah died Mrs. MeCraney said Huldah had had a slight movement.
Re-cross-examined: Mrs. MeCraney said, on Monday, she did not think Dr. Case understood the case; I spoke about her having made the chicken broth so quick; she said it did not take her long when she was in a hurry.
Lydia 8- Qoohe, sworn: Live at Oneonta; have known defendant two or three years; was at the house during Huldah’s sickness; called Monday evening of same week she died; saw Lucia and Mrs, MeCraney; Mrs. Huntington was with me; went again Wednesday morning; saw Huldah, the doctor, Mrs. MeCraney and Lucia; staid but a short time; did not observe Huldah; was there Thursday, the day before she died; got there about eleven and staid until four; no one present but Lucia and Mrs. MeCraney; first noticed that the pupil of Huldah’s eyes seemed so small and contracted; her throat was full and seemed swollen; red spots on her cheeks; felt of her hands and face; her face was cold, although it looked hot—also her feet; her hands cramped and I rubbed them a good deal, and spoke to Mr. MeCraney about getting some liquor to rub them; she put her hands up to her stomach and said she felt bad here; spoke of her sight; she said she could not see very well, and took hold of my dress and asked what it was, saying she could not see very well; spoke of not seeing well once after that; she complained of cramps in her arms and legs, and wanted I should rub them; she had one spasm in the afternoon; we gave her sugar and
Oross-examined: Can’t say whether the injection was warm or not; did not feel of the syringe that I recollect; the injection was not given until I had been there some time; Mr. McCraney came after me; don’t think Huldah complained of the injection paining her; she had two passages while I was there; her bowels the first time did not discharge much beside the injection; the second time the movement was small and slight; did not relate all I remembered at the coroner’s inquest; only answered the questions put to me; don’t remember of saying anything about the cramping or spasms; had not talked with the coroner or Mr. Moak, the counsel for the people, there; I told the district attorney some three or four weeks ago what I knew; don’t recollect that the cramps were before the injecton; during the movement of the bowels her hands and legs cramped, she threw her head back and rolled her eyes; she said “ I am so thirsty,” I think, more than once; am quite sure she did; won't be sure she did more than twice; the pupil of her eye was contracted and seemed quite small; her eyes .looked different from any one I ever saw; don’t know that I ever noticed a salivated
Re-direct examination: Huldah had two spells of hiccoughing while I was there; only for a short time; quite loud; no attempts on her part to vomit while I was there.
Samuel H. Case, sworn, testified: Beside at Oneonta; am a practicing physician and surgeon; have practiced medicine there for nearly thirty-two years; have known defendant three or four years; knew Huldah Ann Mc^ Craney ever since she was an infant;- was first called to see her the 29th of April last, on Sunday, about four o’clock in the afternoon; saw her; she was lying in'bed, apparently somewhat indisposed; her tongue was furred with a thick white coat; pulse about natural; skin natural; defendant said she had had a diarrhoea the day before, and had gone over her monthly periods some two weeks; thought it was a case of deranged secretions and disordered stomach- and bowels; the white-coated tongue indicated a disordered stomach; left physic; calomel and rhubarb; saying if it did not operate by morning, it would have to be followed by castor oil or senna, and ordered a light diet; did not administer the medicine; next called the next forenoon, I think April 30; saw defendant; she said she had vomited
Qross-examined: I was examined before the coroner’s inquest and subscribed my examination; my examination was as full as my recollection would enable me to give it; some things have occurred to me since; the first day I did not use the word thick in regard to the coating of the tongue; defendant told me that on the second day Huldah vomited the calomel; about five grains of calomel with twelve of rhubarb; I don’t remember whether I was in more than once the first Tuesday, but think I was; podopliyllin is not a very drastic cathartic; from one. to three grains is a proper dose; I left for Huldah one-grain pills; don’t know that I stated that on the fourth day Huldah vomited after she took those pills; seventy-five is the ordinary pulse for a girl of Huldah’s age and temperament; did not mention the black tongue before the coroner; I said she must have been taking something sour; I think likely they told me she had been taking a roasted apple; I did not say it must have been roasted on an old tin; do not think a roasted apple would cause such a tongue; I asked if she had not been taking acid, because some berries steeped might cause such a tongue; saw no active symptoms of disease on next day; two or three last days, symptoms of inflammation; none before the 8th day of May; after that there were some; the choking is like a ball coming into the throat; no particular tenderness of the bowels; pulse about ninety second Tuesday; soft, although quickened; there may be great inflammation of mucous coat without much tenderness; inflammation of mucous coat of small intestines may not cause much purging, and may be' accompanied with constipation; if there was inflammation of mucous coat of stomach, would not
• William McOmm, testified: reside at Oneonta and knew Huldah Ann McCraney: saw the body after death; am a .cabinet maker and furnished the coffin; I saw her remains in the coffin-and shut it up; was at burial and enclosed the -coffin at the grave and saw it lowered; they were the remains of Huldah Ann McCraney; was at the grave when it was opened at the order of the coroner; it was on Friday afternoon; she was buried on Sunday; I opened the coffin; the remains were those of Huldah A. McCraney; same I buried; present, coroner, Drs. Sprague, Lathrop, Case and Hamilton; they made an examination of those remains: after examination residue of those remains re-inclosed. " I again enclosed coffin and saw it lowered in the grave; was present when grave was again opened; that was not far from two weeks after other examination; same physicians and coroner present. I again opened it; in same condition as when I last saw it; the remains were those of Huldah Ann McCraney; there were marks about the body about which I could not be mistaken as to its being her body.
Horace Lathrop, jr., testified: I reside at Cooperstown; am a physician and surgeon and have been for over eight years; was present at post mortem examination held by coroner Bartlett, May 18, 1860, at Oneonta. Dr. Sprague of this.place, and Drs. Case and Hamilton, of Oneonta, and I made & post mortem examination of the remains; the body was removed from the coffin and laid upon some
Gross-examined: The coroner issued a subpoena for me to attend the inquest and make the post mortem examination; was subpoenaed twice before first. We had a clerk to make notes; he put down all we thought important; we testified the same day we made the examination; in that examination I stated the substance of all we did and saw. I think I testified that the. ovaries exhibited indubitable evidence of the recent escape of Graafian vesicles. Our
Delos Bartlett, sworn: am one of the coroners of this county; have been for past year; held an inquest upon the remains of Huldah A. McCraney; first was May 18; Drs. Sprague and Lathrop were subpoenaed; Dr. Case, Dr. Hamilton and Dr. Meigs Case were present; knew William McCrum; he was present and opened the coffin; I saw the remains placed in the jars; was present when the first jars were enclosed, sealed and delivered to Turner McCall; I assisted in sealing the first, after receiving them from the physicians; neither Dr. Lathrop nor Dr. Sprague were present; the tops were sealed with melted wax poured around; remains were delivered to me by Dr. Sprague; the marks the doctors put on were there when they were delivered to me; I gave them to Turner McCall to take to Dr. Doremus, of Mew-York, for chemical analysis, to keep them under his own eye so he could identify them; he returned to this place with them; think 25th of May; then directed him to take them to Dr. Porter, of Albany, for chemical analysis; night of 7th of June received a communication from Prof. Porter; next examination was 8th of June; I delivered the jars, sealed up, to Turner McCall, to take to Prof, Porter; examined Mrs. McCraney
Cross-examined: I can’t say whether Mrs. McCraney was strongly suspected or not; I did not suspect her; I held the inquest because I was called upon tp do so by E. E. Ford and others; I had an informal notice on the day of the funeral; was called on Wednesday to do so; the sentiment was that they thought everything would come out right; the object was to ascertain whether everything was proper or not; I heard her suspected by some; these remarks I heard made by some; no one said she could answer or not, as she chose; at the conclusion of inquest and after verdict of'jury, I issued a warrant for her arrest, not same day she was examined; the covers were common covers to jars of that kind, a little yellowish; one had a ground stopple; two of the others held from a quart to two quarts, and one larger; were wide-mouth jars; the jars themselves were glass; the first I delivered about sundown of 18th of May, same day first examination was held; I delivered them to him at Ford & Cope’s store; put nothing over the covers; paper describing the contents was on the top; saw first ones boxed up in wooden box; did not see it here' 25th of May; he said he had been to Few-York.
Re-direct: Fo charge made against Mrs. McCraney before me, before or during her examination.
Re-cross: Fowlen said he was there for her.
The district attorney here offered to read in evidence the deposition of the defendant taken on her examination as a witness before the coroner. It was shown by other witnesses that this deposition was taken before her arrest— that no charge had at that time been made against her,
The deposition was objected to by the defendant’s counsel. The court admitted it to be read in evidence and the defendant’s counsel excepted.
The court held the deposition might be used as evidence to contradict what she had testified to on the trial, though her attention had not been called to it on her examination.
After the reading of the deposition of the defendant it was proved that parts of the body of the deceased were, after the post mortem examination, put in glass jars and sealed and conveyed to Dr. Charles H. Porter, at Albany, for the purpose of having a chemical analysis made, and that the syringe used by the defendant in administering injections to the deceased was also sent to Dr. Porter for his examination.
The district attorney then called Dr. Charles H. Dorter, who being sworn, testified: I reside at Albany; am Professor of Chemistry and Medical Jurisprudence at Albany Med. College and a Doctor of Medicine but do not practice it; member of Albany County Medical Society; heard part of Mr. McCall’s testimony; saw him; I received from him at two different times two boxes; first, Friday, May 25th or 26th, and the other, Sunday morning, June 10th; the first box was large and the cover was taken- off by Mr. McCall in my presence; I saw there was a box within that one; on the inner box, on its upper surface I noticed tapes crossing each other, and where these crossed I saw a seal of
[Defendant objected to analysis of syringe, upon the ground that no account was given of syringe from death to delivery to Cline. Objection overruled,, defendant excepted.]
I took the syringe to Albany and carefully locked it up until I examined it. I found arsenic upon packing of syringe; upon the interior of barrel of syringe noticed a few drops of oily matter and a whitish deposit; I carefully removed it and found it to contain arsenic; I then cut open the point of the syringe and found that to present a similar appearance to the interior of the barrel; it also contained arsenic. The whole amount of arsenic obtained in the syringe was a fraction over four grains; 1 then took the metal of the syringe and examined that for arsenic; I could find none in it. The mixed mass of apparently dried gruel and1 plaster weighed about five ounces; one quarter of it contained about two grains of arsenic; specimens of the arsenic and arsenical compounds produced from these various sources are in- my possession, and if desirable will be shown.
Heard the three ladies testify, who were sworn in the forenoon, yesterday, and Doctors Case and Lathrop.
Ques. From the symptoms described by the witnesses,
[Objected to.- 1st. That he cannot take a portion of the evidence and base his opinion upon it. 2d. That he cannot base Ms opimon upon the examination of a part of the body. 3rd. Cannot give his opimon upon the case, not having seen the patient. Objection overruled, defendant excepts.]
Ans. I think arsenic was the cause of death; I did not examine the syringe to see whether it was in worMng order; I noticed it carefully, not however to see whether it was in order; discovered nothing out of order.
By the Court: I found enough arsenic in the body to produce death; I examined only about one-fifth or óne-sixth •of the muscular tissue sent me.
Cross-examination: Am twenty-six years of age; am not a native of Albany; received my degree in the Vermont Medical College in 1856; I read medicine regularly in connection with chemistry; have not practiced medicine; received my chemical education in the scientific department of Yale College, under the instruction of Professors Silliman and Porter; went to Albany in 1856 or 1857; the department of chemistry at New-Haven was of orgamc and inorganic chemistry; have been connected-with the Albany Medical College as Professor of Chemistry, and lectured upon that since I went there; have written various lectures and a method for analysis to be used by the students in the laboratory; it is more concise than other methods; never published anything upon the subject of chemistry, except I wrote certain portions of a Chemistry published by Prof. Silliman. I issued a circular saying that I would attend to cases of this kind; it was in September last; it invited patronage; I have not made it a point to publish or authorized to be published the results of my analyses. I used all the parts sent to me for anal
Re-direct: Do not expect to find all the arsenic in the body; I am not satisfied what the black spots in stomach indicate, only so far as there appeared to be around them evidences of some inflammation; in the rectum I think there must have been some powerful irritating cause.
Re-cross: In none of the organs did I, before analysis, find any free arsenic. Prof. Taylor is only tolerably good authority as a chemist; Faraday and Brande are good; Beade, of Edinburgh, is also.
Dr. Horace Lathroj.o, recalled: Have heard all testimony of Prof. Porter, of Dr. Case’s direct, and most of that given by first three ladies sworn Tuesday; not all of it; I think arsenic was the cause of death of Huldah A. McCraney.
Cross-examined: Leaving out the chemical analysis, should not be able to account for her death.
Dr. 8. H. Case, recalled: Heard all of the testimony of the ladies and Dr. Lathrop’s; was present during the postmortem examinations, and all of Prof. Porter’s, except a very little this afternoon.
Ques.—From all this testimony in the case, what in your opinion was the cause of death ?
[Objected to.]
Ans.—I think her death was caused by poison from arsenic. I assisted Mr. Shepherd in cleaning last jars by rinsing them with water and wiping them- out with white wrapping paper; I don’t remember who carried them from my place to where they were used. When I took my syringe from Mr. McCraney’s the first week, took it to Mr. Sloan’s to give injections to Mrs. Sloan; she is in court; took it away from McCraney’s Friday of first week of Huldah’s sickness, and left it at Sloan’s; Mr. Cline showed me syringe at Watkins’ Hotel; I examined it and
Cross-examined: I, did not at time of inquest say she had showed me the syringe, nor did I say so at McCraney’s house;. I do not believe she showed it to me; she never told me to bring in my syringe again; when Huldah died my syringe was at McCraney’s; never examined my syringe after Huldah’s death; took it away Monday after Huldah died; I did not then suppose poison was given by injection; Thursday Huldah died, I was at McCraney’s in the morning, one or two o’clock, and in the evening.
Jenics 8. 8fragüe, sworn, testified: Am. a practicing physician and surgeon, and have been thirty-seven years; present at two jpost mortem examinations on body of Huldah McCraney; Dr.- Lathrop and myself made the fost mortem examination; I agreed with him in all the essential particulars of the matter; I drew the statement and we signed it; I got there before Dr. Lathrop did; I ordered the jars; from the examination found no natural cause for death; it was the absence of any special disease of any of the organs which led me to doubt the cause of her death; heard" Prof. Porter’s cross-examination to-day; heard most of Mrs. Deitz’s testimony and most of Dr. Case’s testimony.
Cross-examined: Was sworn at Oneonta; saw no natural cause for death; could not, from mere examination, determine cause of death.
- Re-direct: Gave my opinion then that nothing but an analysis of stomach and viscera would'disclose the cause of her death.
Dr. Hosea A: Hamilton testified: Am practicing physician and surgeon at Oneonta; have been for twenty-three years; was present at both fost mortem examinations of body; heard all the evidence in the case except a few minutes of Dr. Porter’s evidence; heard all his direct examination; think Huldah died from the effects of arsenic.
Frank Orosder, testified: Am a clerk in Shepard & Ford’s • store at Oneonta; was last spring; I sold arsenic to Lucia Baker, May 3, 1860; was half an ounce; Lucia is a daughter of defendant, living at home with her; this was done up with two papers, a skull and cross-bones on it; don’t recollect whether word “poison” was on it or not.
Cross-examined: Could get it in a teaspoon, I should think; paper a little larger than a chestnut.
Evidence was given on the part of the prosecution in regard to the conduct of the defendant, and her conversations on the subject of the illness of the deceased; also as to the use of the syringe by others about the time it was used by the defendant.
On the defense, there was evidence tending to show that the defendant and the deceased had lived together on terms of friendship and affection at all times after the marriage of the defendant with the father of the deceased.
Lucia Baker, a daughter of the defendant, examined in behalf of the defense, testified that she had bought arsenic by the direction of her mother, for the purpose of killing rats; that some of it was mixed with Indian meal and put on a plate wet, and put in a corner of the lumber room, and that some months afterwards it was thrown down between the clapboards and the plaster to prevent the cat getting it.
On her cross-examination, after proving by her that she had been examined as a witness before the coroner, and that her deposition had been read over to he! and signed by her, the counsel for the people offered in evidence to contradict the witness, her testimony so taken before the coroner, and cited Clapp v. Wilson, 5 Denio, 285. The counsel for the defendant objected: 1st. That witness’ attention should be called to the subject; and, 2d. That the whole deposition could not be read, but only
The defense also called Dr. Gains L. Halsey; sworn, testified: Am a physician and surgeon, residing at TJnadilla, and have been since 1840; the prominent and usual symptoms of poisoning by arsenic are first, uneasiness about stomach and bowels, like nausea, and sometimes faintness; these symptoms will be gradually increased to severe pain, nausea, vomiting, purging, and severe burning pain in the region of the stomach; the vomiting and purging vary in different cases; would depend upon the manner in which poison was taken; the skin might be unnaturally cool or be raised above natural temperature; at commencing stages should expect to find coldness, and the pulse not materially affected, excessive thirst, nervous excitement, to the extent of spasms, coma or stupor, more or less delirium, and death. In ordinary cases death would be easy, at time of death; death takes place from total destruction of nervous vitality; there would be great increase of pulse previous to death; should look for increase of pulse within a few hours after the poison was taken, and for .heat and dryness of the skin; severe pain and distress of the bowels; I heard Dr. Case’s descriptions of poison; did not see any symptoms necessarily incident to poisoning; they are all incident to some other diseases; don’t know what change in the eye is peculiar to poison; the first effect of opium is stimulating, and produces contraction of the pupil of the eye; nothing peculiar to the countenance in cases of arsenical poisoning; heard Dr. Lathrop’s description of the post mortem; nothing in it necessarily indicative of poison; the mucous membrane of organs from stomach to rectum would generally be inflamed; there might be cases where it would not exist; would not expect to find any morbid changes in kidneys, lungs, liver and heart; might be in
Cross-examined: Would not expect in any one case of arsenical poisoning to find all the symptoms I have named; there is a difference in degree between acute and chronic poisoning; I have treated one case of arsenical poisoning; it was a case where suicide was attempted; it did not terminate fatally; nothing in the symptoms and post mortem inconsistent with the theory that the girl died from arsenic; vomiting, tenderness of the bowels, violent pain and heat
Re-direct: After effect of poison had become well established, should not expect to find a natural pulse after six days; should expect then to find temperature of the skin increased; can’t say as to moisture; should say there would be tenderness of bowels.
Dr. Horace Manly, testified: Reside at Richfield; have practiced medicine and surgery forty-four years; have attended cases of arsenical poisoning; the prominent symptoms in fatal doses are same as Dr. Lathrop described, except unextinguishable thirst, instead of great thirst; I mean thirst that cannot be extinguished; I mean from half an hour after taken until death; I heard Dr. Case’s description of this ease, and that of the post mortem examination, and from that should say that the girl died from nervous exhaustion; from these it is my opinion that she did not die from poison; recollect some three cases of arsenical poisoning; two of them fatal; Dr. Lathrop described the post mortem symptoms of arsenical poisoning; diarrhea is not one of the first symptoms of arsenical poisoning; the pulse was inconsistent with a fatal dose of arsenic; the state of the bowels was very different from that of arsenic; taking into consideration Prof. Porter’s analysis, I should not say that arsenic caused her death; croton oil is a ras
■ Cross-examined: Can’t tell what caused death;. Dr. Lathrop did not describe any traces of inflammation sufficient to cause death; the evidence disclosed by post mortem examination did not disclose a sufficient disease, taken alone, to account for death; did not propose to Dr. Sprague to get the doctors together and get up a theory to defeat Prof. Porter’s analysis; I proposed to have a council to determine effect of medical evidence, and what it should be; salivation would not produce swelling of chin and throat, unless gums were inflamed and sore.
Lydia 8. Cooke, recalled: The passage while I was there had not so much odor as usual.
Lucia Baker, recalled: Huldah slept in a little bed room off from room she lay in when she was sick; it is mostly green paper; the other room is blue, green and white; Horace Hudson and Adaline Cutshaw, George Reynolds and Mary Shove sat up with .the corpse the first night, and Delos Green and wife the second night; Mrs. Cooke, Mrs. Hudson, Mrs. Packard and Mrs. Huntington dressed the corpse for burial; Huldah ate a good deal of candy which she got at the groceries and stores; don’t know what became of the plate on which the arsenic and meal were; she had all Mnds of candy; Huldah complained of her
Cross-examined: Huldah had candy after I came back from Canajoharie; I can’t give a date; sometimes she had a shilling’s worth; had it often when I did not; she bought candy at Mr. Eay’s; I remember of her having candy as many as half a dozen times; I ate some of the candy myself; ■ did not eat very much; it did not injure me; the candy she bought was such as was sold to all people there; I saw her buy candy twice after I came from Canajoharie; can’t tell how soon after; I generally slept in the large room where she lay while she was sick;. I slept in the small room off from the large room, half the time while Huldah was sick; I was in that room a good deal while she was sick.
Dr. Caius L. Halsey, recalled: If enough arsenic was given by injection to cause death, I should expect to find excoriation of the anus, and more evidences in the rectum; a syringe which has lain a long time would not be in good order without fixing.
JEzra W. Spafford, testified: Practicing physician twenty-one years; heard most of Drs. Lathrop and Case’s testimony as to post mortem, appearances of body; it seems to me, from that alone, that there is reasonable doubt that the girl died from arsenic, but the chemist’s analysis would stagger that doubt.
Cross-examined: Heard symptoms described by ladies; think the girl died from poison.
Redirect: Had a case where supposed death occurred from candy.
Re-cross: Had no post mortem examination, no analysis, nor do I know what kind of poison; I do not know that poison caused death.
Dr. Alonzo L. Head, testified: Have frequently used a syringe; piston ought to fit barrel tightly; heard.testimony
Cross-examined: Never saw a case of arsenical poisoning.
It was proved that the defendant was married to- Abram Clark in 1826, at Hubbard, in Trumbull county, Ohio, and that they had lived together as husband and wife till 1838; that Clark resided in Pennsylvania and is still living—that she obtained a divorce from him in Wisconsin, where she temporarily resided, the" only service of process on him being by publication; that she then married Baker who has since died, and after his death she married John P. McCraney, in February, 1859.
The counsel for the defense offered to call John P. McCraney as a witness in her behalf, claiming that her divorce from Clark was invalid. The counsel for the prosecution objected to his competency, but the court overruled the objection and McCraney was examined as a witness in her behalf.
After hearing the arguments of counsel and the charge of the court, the jury having .given several hours to the consideration to the case, rendered a verdict of not guilty.
Note.—We believe this is the only case on record, tried in America, where the theory of the prosecution was that the poison or a portion of it had been administered by injection, and hence we have published the medical testimony and the evidence of the symptoms, in full, for the benefit of medical jurisprudence. For cases of that character in England, France and Germany, see Taylor on Poisons (2d Am. Ed.), pp. 111, 229, 373. Taylor’s Medical Jur. (4th Am. Ed.), 68; 2 Beck’s Med. Jur. (11th Ed.) 447. London Lancet, Dec. 22, 1865, and Med. Times and Gaz., Dec. 22. 1855; Edin. Med. Jour., Jan. and Feb., 1856, by Christison. For remarks upon this method of poisoning, see Taylor on Poisons (2d Am. Ed.), pp. 35 37, 59, 68, 70,187.—[Rep.]