SCHOHARIE 1817. V. Kesler. Sophia Youngs. She saw the prisoner and the deceased, on Sunday, at her father's house at Cobus Kill, at The People 12 o'clock; no complaint of indisposition then; she drank tea with the family, in the afternoon; appeared in health; they left that, in a waggon, drove by Mr. Bear's negro man; witness, and Miss Bears rode with them to one Butler's; Mrs. Shafer, whose maiden name was Sprucher, lives between Butler's and her father's house, and is a daughter of Jost Sprucher; the deceased had mentioned, whilst at witness's house, that her maiden name was Sprucher; witness told her, her cousin lived there; and deceased asked her husband whether he was going to stop; he answered no, he was going to Butler's, and if his waggons were not there, they would go back and stay that night at Shafer's; prisoner went into Butler's, and on his return to the house, the deceased asked him whether he had heard of the waggons; he said they were five miles ahead; he asked the negro man to carry them farther, who refused to do it; the deceased got out with her bundles, being two pillow cases, and went on the stoop, which was the last witness saw of her. On her cross-examination this witness says, he mentioned the waggons; does not know whether he intended to say that they were his own or not. Margery Bears. Witness concurs with what Miss Youngs has said; as to what took place in the waggon; says that the deceased made no complaint of sickness at the time. Thomas Butler. Witness, on being asked, told prisoner that there were loaded waggons ahead, about five miles. Peter G. Best. Witness saw prisoner at Sharon, in 1817. The People V. Kesler. November; they stopped at his house; came there on SCHOHARIE foot; he told witness he was from Rome, or Pompey Hollow; witness asked him how he came to travel as he did he said his waggons were to be at Cherry-Valley, with his furniture, on Saturday; and told witness, that they had passed there between two and three o'clock in the afternoon, and that he did not arrive until three o'clock; and that they had gone on to Hudson. Witness took them on the distance of nine miles, and every shed they passed they looked under it to see whether the waggons were there. On his cross examination, he says this conversation was in the presence of his wife; he also told the witness he had been at Hudson, and had engaged work for the winter, and that he was then on his way there with his wife. Harmanus Peck. Witness is a magistrate, residing in the city of Schenectady; says that he was sent for to come to the gaol of the county of Schenectady to take the examination of the prisoner; that when he came there he informed the prisoner that he had no authority to do it, but if he was willing he would take it, to which prisoner freely and voluntarily assented. The examination was then objected to by the prisoner's counsel, as no evidence of itself, under the statute, but not as a memorandum to refresh the memory of the witness; and on the witness' stating, that he had no doubt of the facts being as mentioned in it, and although he would not undertake to repeat it exactly as there written, yet it being in his own hand writing, taken at the time, and freely and voluntarily subscribed by the prisoner himself; after it was distinctly read to him, he did not hesitate in. giving his evidence to read it as such, and then read it 1817. V. Kesler. SCHOHARIE himself as follows:-The voluntary examination of Abraham Kesler, of the town of Canajoharie, in the The People County of Montgomery, relative to his having administered poison to his wife, saith, that he is about 26 years of age; that he was married to Caty Sprucher in the year 1812, who then lived with her step-mother, Eve Sprucher; that she had been delivered of a female bastard child, of which she said he was the father, when he married her; and after he was married, he immediately enlisted at Canajoharie, in the 13th regiment, for 18 months, and he served until the time expired; that he did not visit his wife from the time he married until last fall, some time in November last; he then called on her, and told her that he was about looking a place to live, and wanted her to go with him, which she consented to do; and he told a Mr. D. Youngs that he was going with his wife to Hudson or Lunenburgh; that in November last he started with his wife from Canajoharie, to go to Hudson, or some other good place to live; that his wife, when she went from Canajoharie, 'went a horseback about two miles, then a foot a small distance, then a horseback about one mile, and then on a waggon; the first night they staid at a Mr. Cook's, in the town of Sharon; the second night they staid at a Mr. Becker's, where they got some cider, and nothing else; they called for a supper, but could not get any; that before they came to Becker's his wife complained that she was sick, and continued sick, but did not vomit until after the doctor administered medicine; that he called on a doctor, whose name he thinks was Shepherd; that they arrived at Becker's on Sunday, and on Friday his wife died; that the doctor resided about two or three miles from Becker's; that he called on the doctor twice, and got 1817. V. Kesler. opium and pills; that the first time he called on the doc- SCHOHARIE tor he got a piece of opium about as big as a hickory nut; that he did not tell the doctor that she was in the The People habit of taking opium; that the doctor inquired of him whether she was in the habit of taking opium, and he said he did not know; that he administered the opium to his wife, and that after she had taken part of the opium, she let it fall in the chamber pot; she died on Friday, and was buried on Sunday; that on Monday he left the place; that the people of the house did not tell him that his wife had requested her body to be taken to her mother's, in case she died, but that his wife mentioned it to him; that since the death of his wife he has not been to see the step-mother of his wife or any of his friends, or wrote to them on the subject; that the clothes of his wife were left at the place where she died; that he has not bought or been in possession of arsenic for six months last past; that at the time he started with his wife, he told his wife's step-brother, that he did not know but that he should go to Rome and live with his father; and said that he did not tell any person that he had a waggon going on to Rome with furniture and goods; he says that he has been acquainted with a Mrs. Holcomb about two years; that he has made no overture of marriage to her, nor paid any attention to her as a suitor, nor conversed with her on the subject; that he has never denied his marriage with Caty Sprucher; that after his wife's death he went to Lunenburgh, where he remained only one day; he then went to Guilderland and Princetown, where he has been ever since; that he worked with a Mr. Van Wormer and for Mr. Waldron; that since the death of his wife he has not mentioned her death to any person; that previous to his wife's going VOL. III. 7 1817. SCHOHARIE with him, he had been to see her four or five times, but did not stay with her at night; that he told the people The People where his wife died that his wife's mother was dead; V. Kesler. that the doctor went in and examined his wife during her sickness; that he did not get any gin-sling, or any other thing for his wife to drink, except cider and water, during her sickness; he says he never objected to the doctor's calling and seeing his wife; when he went to see the doctor, he told the doctor that if his wife was better, he, the said Kesler, would call and see him, and inform him of it; but if he, the said Kesler, did not call by eleven o'clock, A. M., that then he wished the doctor to call and see his wife; that before the death of his wife he boarded with Mrs. Holcomb, in Albany, for several weeks; and he says that after his wife's death, he called at Mrs. Holcomb's, in Albany, and got some of his clothes; that he then told her that his wife was dead; that in about ten days after he left boarding with Mrs. Holcomb, he called at Mrs. Sprucher's to see his wife, and obtained her consent to go with him, as herein before stated; that he did not immediately, previous to his coming to Schenectady, make any engagement with a Mr. Tallman, or any other person, to go on to Rome, or take Mrs. Holcomb there; that last summer he applied to S. A. Foot, Esq. to obtain a divorce from his wife; that Mr. Foot told him that he could not obtain a divorce unless he could prove that his wife was guilty of adultery; he farther saith, that previous to his starting with his wife, he was informed and believed that his wife had had a connection with a man by the name of Roswell Scripture, with whom she had lived in Connecticut for about nine months; that on her way, the first day, she told the said Kesler that she had gone away |