1817. V. Kesler. SCHOHARIE then took a solution of arsenic, to that he added a small quantity of the subcarbonate of potash, and a tincture The People of opium, to bring it like the color of the fluid of the stomach; he then took a piece of the nitrate of silver, and brought it in contact with the surface of that mixture; the precipitate fell, the same as in the water in which the stomach had been immersed, and with the same appearance; and such was the color of the water in both cases, that he could not discover the orange appearence of the precipitate in either; but says he has no confidence in these last experiments. He also made the experiment with arsenic and copper, and found the same white appearance in irregular spots, but not circular. Charcoal and oil will produce this white, but you may rub it off; whereas arsenic whitens by rubbing; says it could not be charcoal and oil. Witness does not consider himself a chemist, not having been bred one, he therefore does not like to give an opinion; says he has seen but one patient in life who had taken arsenic ; and he deems thirst, puking, pain in, and a heated stomach, to be the symptoms of a person poisoned by arsenic ; says a patient in severe pain can bear a great quantity of opium, but half an ounce would kill any human being without he was a Turk, and thinks it would kill him ; it would kill twenty persons unaccustomed to take it; that deceased had opium in her stomach. Emetic tartar will produce a precipitate, but it will be black, and he saw nothing like black in this precipitate. He knows of nothing which will produce the same effect produced by the experiment with polished copper, except it be arsenic itself. This witness on his cross-examination says, that there is no acid which exactly resembles the acid of the sto mach. He supposes that emetic tartar mixed with the SCHONARIE acid of the stomach would not change the usual black 1817 V Kesler. color of the precipitate; thinks half an ounce of opium The People would kill a person in twelve hours. He says taking a great deal of water might wash the particles off of the stomach, and the puking might cease if the patient puked immediately. A great quantity of arsenic taken at once would be more liable to be thrown off of the stomach than a less, and therefore not so dangerous. Opium would allay the spasms of the stomach, and by that means have a tendency to prevent puking; it would increase the thirst; thinks it would tend to prolong life in the patient. Witness does not discover any thing inconsistent with the idea that she died by taking arsenic and laudanum, from the symptoms stated by Mrs. Best in her testimony. Her sleeping one day, as stated, would appear to be the effect of opium. Opium sometimes produces puking in a patient with irritable nerves; in hysterics it will sometimes produce that effect. Dr. James Hadley. Witness is a professor of chemistry at Fairfield; he has heard the testimony of the physicians; from the result of the experiments stated as having been made with polished copper; the particles must have been arsenic; he has no doubt of it. Witness thinks the precipitate stated by Dr. Miller which appeared from the experiment, as stated by him, with the glass rods is characteristic of arsenic. Eve Sprucher. Witness is acquainted with the prisoner; she has known him more than six or seven years; she is the widow of George Sprucher, who is the father of the deceased, and lives in the town of Canajoharie near Bowman's Kill. Prisoner married the deceased about five years ago last spring; witness is her step 1817. The People v. Kesler, SCHOHARIE mother; the deceased had a child by the prisoner before she married him; he refused to marry her at first; there was some difficulty; he gave security for the payment, of some money, and he afterwards married her; they were married at witness's house; he came there and talked to her about marriage after she had a child, and after he had been sued, and a day or two after he called on her they were married; this was after he had agreed to give her a certain sum of money; he staid with her one night after marriage, and then went off; he came the next day or the day but one after, for the notes he had given for the payment of a sum of money; he then said he had enlisted, and went off as a soldier. The deceased once went away from witness's house in the summer, and returned at Christmas; it was after prisoner came home out of the army; witness did not know where she had been. After the prisoner got through his time of service as a soldier, he returned to the town of Canajoharie, but did not call to see the deceased until last November the 16th, and the deceased mentioned in prisoner's presence that he wished her to go along. Witness asked him what he would do with two wives, she had heard he had another? he smiled and said, folks said so. He came to witness's house about breakfast time, and left there after 12 o'clock with Caty; she went on horseback, and he on foot; they were together in a room for some time before they went off; they took the road to Cherry-Valley. Witness says she knew the corpse to be her daughter Caty's. This witness on her cross-examination says, the deceased was subject to fits once in a while, called hysterics; she would semetimes fall down with them. Pri 1817. V Kesler. soner was twice at the house after he left the army, and SCHOHARIE before he took her away; witness stood in the door and saw them go off. She does not know that he slept with The People her more than once. Witness's son was at home when prisoner went off with Caty. Witness received no word of her step-daughter's death. The deceased never took opium as she knows of. Witness first heard of her death from her brother-in-law; found her clothes at the house. where she died. Joseph Whilso. Witness was acquainted with Caty, the deceased, and was at Mrs. Sprucher's before the time of the marriage. Prisoner came there and requested witness to speak to her, and said he had calculated to marry her, he felt himself uneasy; that he meant to live with her, and requested witness to speak to the old lady; witness said he would, and did so; he also asked witness to speak to Caty; witness said that was not his business, and then went off. Prisoner told witness, after he had been in the army, he wished he had paid the money instead of marrying the deceased, and said he was then willing to do it, if he could have a bill of her. On his cross examination, this witness says that he hired the prisoner to work, after he had been taken prisoner as a soldier, and whilst he was on his parole, about one year after he had been married; he then told witness he would not live with her. Witness did not then know the deceased was subject to fits, but after that he saw her in a fit, and it lasted about fifteen minutes; she complained immediately afterwards, but continued about her work. Dr. Barton Carpenter, again called. Witness says 1817. V. SCHOHARIE prisoner came to his house on Friday and told him his wife was much better; said he thought in a day or two The People she would be able to proceed on her journey. It was late in the afternoon of the very day she died; he asked for the same medicine witness had left the evening before, and said those powders had helped her; witness then gave him two or three of the powders. Kesler. Henry J. Yordan. Prisoner is his brother-in-law; witness was present at the marriage; next morning witness saw him at the house of Mrs. Sprucher, and asked him whether he had taken up the obligations which he had signed with him. Does not know whether he said that he had burnt them, or that Suber was not there yet. Prisoner told him the next morning, that he either was enlisted, or that he intended to go down to enlist. Prisoner, before the marriage, the same night it took place, said he would marry her, but he did not think he would live with her. Joseph Sparks. Witness knows the prisoner, and enlisted in the army about the same time he did; and after they were with the army, prisoner told him he would not live with her, and he wished that she was out of the land of the living; said he enlisted on purpose not to live with her. This was before either of them left the town of Canajoharie; they were taken prisoners together, and returned by the way of Quebec to Boston; and whilst on board of the ship, he told his brother he wished his wife was married. It was in the year 1813. Thomas Hammond. Witness was also a prisoner ; and Kesler, on their passage, said he wished he was home; his brother Joseph said, what would you do with your wife? and he replied he would have her out of the way. |