KIEHIi'S TRIAL CONTI SUED
Flton I,AST WEEK.
• XESmCOJfY'OF DB. B. H. BAND,
Cross Examined. —The image of the
crystals was thrown up on a collodian
plate, by Mr. Gihon, the pKbtbgraphqr,
• in my presence, ns they ■ ere * n
-t—g~ t —g~ xKiiveshOWnthisttfternoon-Over
an ounce of arsenic has been given, and
the patient rescued—an ounce is 480
■ grains. . The recovery from ■ the- large
doses is very uncertain ; I do not think
one man in fifty could take three grains
of arsenic and recover. There are
‘‘ many cases when large doses havebeen
given and the patient recovered under
appropriate treatment. The two anti
dotes for arsenic most generally used,
are hydrate cesqui oxide of iron and
magnc.-ia, not together, blit separately.
To these are added bland drin.s, milk
and water, eggs, flour and water, gum
and water. After symptoms have to be
treated according to the case. It was
in the middle of the day, between
twelve and one o’clock. I received the
box from Mr.’ Smith and Mr. Ma
glaughliu ; X was at. my college office ;
I opened the box the next day, in ray
laboratory, wht re all my chemicals are
kept; X.got two men out of the dissec
ting room to cut the matter up for me
as it was very offensive, and I didn’t
care to put my hands in it myself. I
emptied it out of the bottles into clean,
white dishes ; I got the two men to cut
it up the same day X opened it; the
different parts were kept separate ; the
liver and stomach were divided into
, four parts—the bladder and heart ex
amined as a whole ; I treated the
whole of them with dilute pure muri
atic acid, cold, one in ten, and put them
■in a warm place, to digest ; they thus,
remained until Mr. .‘'hearer’s second
visit; I think three or four days after
wards ; it was standing in the same
place in the laboratory; it was under
lock and key, no one having access to
• the laboratory but Ayself; it was locked
with a chain bolt and a lock, so no one
could get in but myself; I was stand
ing by the side of the two men during
the whole time they were . ongagi d in
the operation; that putting in muriatic
acid was to break down the organic
matter, taking away the structure from
if. I got the muriatic acid from Mr.
Jacoby, an apothecary and chemist,
and tested it ; I have never found ar
senic in any commercial muriatic acid,
it is so stated in the books, but I have
never seen it; next we add chlorate of
potash and more muriatic acid, little
by little, to burn up the organic mat
ter ; I tested" every thing I
used in the whole course of the
analysis ; I tested chlorate of potash by
boiling down on a strip of copper; ! am !
in error in that; I think the chlorate
of potash had been tested on ap evious
occasion; tested by Marsh’s test, and put
away as chemically pure ; it was not
tested since 1866 ; I kept th:s operation
up until the liquid became clear, and
of a light-yellow coior ; I think it was
kept up more than one day ; I judge
by the effect and. not the time ; I used
chlorate of potash from time to time in
small quantities, until I was satisfied
the effect was produced. The liquid se
cured was over a quart in bulk, may
have been more ; I'heated it gently
until the smell of chlorine no longer
appeared ; into one portion of the four
I passed a slow stream of sulphurous
acid gas, but did not repeat the opera
tion with the other three ; I generated
the sulphurous acid gas by the action of
sulphuric acid on copper turnings ; the
acid was some I had in my laboratory ;
it was chemically pure, and that I had
used on several occasions in. Marshs’
apparatus, and found it to contain no
arsenic; I had tested the sulphuric
acid, the last course of lectures, the
winter before ; I don’t think I used
more than half an ounce cf sulphuric
acid to produce the sulphurous acid
gas ; in Marshs’ test X used all there
modification, and always do; In exper
imental lectures wo hold the lamp un
der the tube half a minute to a minute,
and then if we get no arsenical deposit,
we proceed to use acid in Marshs’ test,
sulphurated hydrogen was passed in a
very slow stream through the material
now deprived of its organic matter
the purpose being to precipitate the ar
senic in the form of sulphide ; the snl
sulphuerated hydrogen was continued
from day to day. until the precipitation
was complete,which was ascertained by*
there being no further precipitate in pas
sing the current of gas through the liq
uid; the precipitatewascollectedona fil
ter, thoroughly washed with distilled
water; the whole operation took nearly*
month. ' I began in the latter part of
May, andcompleted it about the same
day In June, but cannot Say the exact
number of days the sulphurated hydro
gen was passing through the liquid ; I
should think it was about a week, and
it was passing interruptedly, not con
tinuously ; I generated the gas by
the action of sulphuric acid upon sul
phide of iron ; the gas teats itself, and
throws down arsenic in solution,
and if there ha'd been any
arsenic in the materials, it wou
have remained behind in the bot
tle. From the whole stomach there
might have been over a quart of liqui<
obtained ; the first and second glasses
were pour d together, were put in e
same filter and washed, then trea e
with cold dilute solution of ammonia,
the object being to dissolve out the su
phide of arsenic and leave behind the
sulphur on the filter. The commercial
varieties of all the reagents used in this
teat are liable to contamination from
arsenic ; it is not Impossible to get sul
phuric acid and zinc chemically pure ;
Bethlehem zinc is pure, and I have had
no difficulty in getting pure sulphuric
acid; .if there had been any cadmium
in the liquid it would have gone down
lead, bismuth, antimony, mercu
ry, platinum, and others would have
been precipitated; tin would have
been thrown down ; cadmium is the
only substance that would have gone
into solution when the precipitate was
washed ; the absence of the metals just
indicated, had been prevlou-dy deter
mined by the preliminary test: Rc-inch’s
test- arsenic Is not the only substance
supplement TO _
THE AMERICAN VOLUNTEER
in solution that would give a deposit on
copper. Antimony, mercury, plati
num bismuth, gold, palladium, would
also give a precipitate uponcopper, of
these only a third are volatile by heat
antimony, arsenic &nd mercury; of
those volatized by heat, arsenic is the
only one that gives the'eight-sided crys
'fttlSTmßrcni'#sublimesinglobulcs;.an-
timony could not have been sublimed
at the temperature used by me, and yet
the copp* was free from stain ; I used
the temperature of an ordinary small
spirit lamp ; the stomach whs very of
fensive when I opened it; I put it at
once into vessels, treating it with pure
muriatic acid, covering it with glass
plates ; after filtering the matter thus
digested, I found upon the filter, after
it was dry, a number of small, shot-like
1 crystalline par tic l cs of a yellow col
or ; these must have been sulphide of
arsenic, because the only two other met
als which give a yellow'.deposit under
such test,are cadmium tin and uranium;
uranium is very rare ; sulphide of cad
mium is soluble in hydro chloric acid ;
it could not therefore have been that.
The question lies then between tin and
arsenic, which is decided by the action
of hydro chloric acid and chlorate of po
tassia which rendered soluble theyellow
globules, which would not have been
the case had they been tin. Reinch s
was the only test I made for arsenic i n
the bos ; Mr. Shearer called to see
whether he would be allowed to have
another Chemist present when this anal
ysis was made; I said that I had no per
sonal objection, that I should object to
having a stranger associated with me in
the investigation, because after the ex
perience in the Farmers case, there was
dangerthatan interested person might,
by apparentaccident, destroy an im
portant portion of the material under
operation. 1 mentioned the names of
gentlemen with whom I would be wili
ng to he associated, Prof. Rodgers,
Prof. Bridges, Prof. Reese ; I also sta
ted that I would require the consent of
the District Attorney before X could for
mally give mine; my recollection is
Mr. Shearer returned the next day I
but two, and stated that he was sat
isfied to let the matter remain in ray
hands ; to the best of my recollection I
had no correspondence with the Dist. 1
Attorney on the subject; when I made 1
the examination I was in uttter igno- I
ranee what I was going to get; I had a
telegraph from Mr. Mpglaughlin “will
you undertake an analysis in a case of
supposed poisoning;’’ the mat!or ban- I
dedto 'rae was very offensive ; it made
me quite sick; I’d stick at it as long as |
I could, and then go to the door to get
fresh air; X never left the room ; I I.ad
a case in which no trace of arsenic was
found in the stomach, but never had a
casein which none was found in the
body ; there was no solid substance in
' the stomach.
lie-examined in Chief, —I have the
remains of the box with me; there was
writing on the lid of the box, it was to
the purport that the dose was .a tea
spoonful three times a day. In the
first placelim.de no analytical determi
nation of the quantity of arsenic in the
liver ; the liver is an organ weighing
fourorfive pounds, and the quantity
of arsenic in it rarely exceeds a
few grains. In destroying this
immense mass of organic matter- r .the
arsenic would be likely to be entirely
lost, or objection made to the large
quantity of extraneous material intro
duced. "We can therefore only estimate
roughly the quantity found in any case.
This rough estimate was made on the
following basis: If I take a piece of
copper foil i square inch in surface, find
introduce it into a suspected solution,
and find that it is coated, and that after
introducing three more such pieces, the
last fails to receive a satisfactory coat
;n<r I should estimate that the amount
of arsenic in that liquid was much Ifess
than if I could introduce and similarly
coat ten square feet of surface ; yet 1
could not tell how much was present in
either case. I find by trial in this case
that one-fourth of the liver would fairly
coat eighty square inches of copper foil.
The operation being stopped on the
piece now shown (the jury), because it
was not sufficiently coated. I think I
may fairly say that, as an estimate, one
o-rain was presem in the liver, and
probably more. My first approximate
estimate was two grains in. the liver.
I afterwards made experiments in coat
ing a known surface of copper foil with
a known solution, which led me in my
report to Mr. Shearer to place it higher.
Since then, on reflection and further
experimenting, I have concluded that
this method of estimating is liable to so
much variation from strength of solu
tion, time of immersion, presence or
absence ol organic matter, that I am not
•willing to give anything moiethan
the guess, and in order to be entirely
within hounds, place it at one grain.
I have here a portion of the liver
analyzed which can be handed to
counsel of defense, if they wish it. I
placed a known quantity of arsenic in
solution, and immersed in-lt successive
slips of copper, keeping them m until
they were thoroughly coated. Then
measured the amount of surface coated
when the liquid*was exhausted. I let
the slips remain in the same time as in
my analysis; bul l found no two ex
periments agree, and therefore I place
no reliance as a quantitive means ol
determination. I used the other corob
orati ve tests that are usually employed.
I left the copper remain in the liquid
about 15 minutes, but arsenic deppsits
more slowly in presence of organic
matter than in a pure liquid. The
quantity of arsenic found would indi
cate that a very large dose of arsenic
had been taken, over ten grains, I
should think. This is not a guess, it is
based on well known facts in medico
legal relation of arsenic. If I had cal
culaieu according to highest authority
the amount found in, stomach would
have been two and two-tenth grains.
Cross Examined. —When the coats on
copper foil are very thin they are vio
let. when thick, they are steel grey. It
is Impossible to say what thickness they
are in any case. The science of poison
is called toxicology. The latest author-
ities are Taylor, Tardieu and Wormly
the articles in Watt’s dictionary.—
Taylor and Tardieu are the two latest.
It is laid down in Reinoh’s test that
50,000 part of a grain will give 50 dis
tinct crystals on a field not larger
than' a pin’s > head. According to
Marsh’s test it 'is laiddown that 50,000
-partr-of—argrate-wifl-piyo a distinct |
coating. By the fact of a greater rela-
tive amount of arsenic in the liver,corn
paired with stomach. I thought the
arsenic-had been administered'some
hours or days before death. -
Tuesday Morning.
Court convened at 9 o’clock.
■ Mary Doner, recalled.— The day after
that was in Sarah’s coffee,'.John Iviehl
came on the porch, and said lie was go-
ing to town to buy poison for the rats.—
He said to Sarah "Shalllgo?” Shesaid
“I don’t care.’ Then lie went to Ship
penshurg; he didn’t say whether begot
it or not, when he came home; nor we
didn’t see anything ol it. I think be
had a hoe when he came home ; my sis
ter never had any children ; Mr. Kiehl
owned the property he lived on ; I don’t
know how many acres there are.
Cross Examined.— This coffee matter
was in April; I staid till the 9th of Ap
ril, and this occurred about a week before I
came home. I didn’t ask him, when he
returned, whether he had bought arsenic;
he asked Sarah whether he should go.—
It was in the forenorn.
Simon SnVder— sworn.— l live near,
Mt. Rock ; on Sunday I went in the jail
to see Mr. Kiehl. I went up to his ceil,
and called him three times. He didn't
give me no answer. Mr.. Henry Wait
rick called him, he came to the cell door;
then I talked to him I asked him what
he thought of ; if be knew what be
was in for; ho said he didn’t; I asked
him again if .he didn't know what he
was in for; lie said hedidn’t, unless they
blamed him for poisoning his woman. I
said then to him “ Did you got poison ?”
He said he did; said he got poison in I
Carlisle for the rats ; I said, “ No, John, |
you didn't get poison for the rats, you got
it for your wife, didn't you.” He didn’t
give me no answer, and commenced to
cry. I said then to him, “Didn’t you
get it for your woman.” He said “Yes I”
I said then "Prepare yourself for the day
that comes.” I told Mr. Waltrlck to come
and speak to him. On the road going
home, X told Mr. Waltrick that Kiehl
aaid he had got poison. This was the day
Kiehl was arrested. >•
Cross Examined.—Me and Sir. Walt
rick went into the jail together. I told
Mr. Sadler what I knew about this case;
they took down in writing what I told
them. Sir. Shearer called on me and ask.
ed me what I knew about the case. I re
fused to tell him. Sir. Wm. Doner sent
me down to pump Klehl; Mr. Doner
gave me the horse to come down. I
didn’t get into the jail by lying. lam
John Kiehl’s cousin; 1 am not his brother;
I don’t think 1 told the Sheriff I was
John kiehl’s brother or his step-brother;
I told him when X went in, that he was
my cousin; I didn’t tell the Deputy
Sheriff I was Kiehl's brother or ids step"
brother. I don’t think I told Sir. Wait
rick I was Kiebl’s brother or step broth
er. There was nobody close to the cell
but me and Mr. Waltrick. I don’t think
I saw any one standing in the jail bv the
railing ; I didn’t tell Sir. Waltrick I
wanted to get In to see John on a relig
ious subject ; I didn’t tell Mr. Waltrick
John was a liar and-thief; I didn’t tell
himlhadbeen pretty bad once, but hod re
formed now; I didn’t tell Levi Snyder in
Plainfield, that the Sheriff and Mr. Wal
trick were preserit when John told me this
and I didn’t know what I would do if
thoy would go back on me; I don’t think I
told anybody that; I didn’t tell Sheriff,
or under-Sherltt. or Sir. Waltrick, or Mr.
Snyder, anything like that. I don’t
know Sara'l Skelly; I don't think lam
related to the Doners at all. I was living
at Plainfield the time I came down tosee
Kiehl ; me and Mr. Waltrick were to
gether pretty near all day. I think when
we came out we talked together; did n’t tell
him John would cheat, and lie and steal;
I don’t think I told Mr. Waltrick John
was a bad character where he came from.
I called John loud enough for me to hear
him; the first time I told. Sir. Waltrick
that John had bought poison, was on the
read going home- I said to Jacob Fair
that me and Sir. Waltrick went to the
cell together. I know the nature of an
oath, it means to tell the truth. I don't
think I said so to Jacob Fair. I didn’t
go to the jail lor the very pm pose of en
trapping John Kieh). Wm. Doner want
ed to go in and he couldn't—he said I
was to go in. .He didn’t tell me why he
couldn’t go in; he said ho couldn’t go in;
he told me that outan his porch tbeSun
day I came down ; he employed me to
come down and go in; I went to Doner's
on a visit on Saturday evening, and was
there all night. I was back and forward
at their house; I was not visiting any of
his daughters, there were young women
there. It was about one o’clock on Sun
day bespoke to me about seeing Kiehl,
and gave me a horse to come. I got here
before Kiehl was brought there. Sir.
Doner told me John was to be brought
there that day; I do not know that Wm.
Doner had been a bitter enemy of John
Kiehl; I didn’t get anything for coming
down ; he didn’t promise me anything ;
ho never promised me anything. He
didn’t tell me at what drug store he
bought the poison, and I didn’t ask him.
Ee-examined in chief .—Old Mr. Kiehl’s
first woman was a cousin of my mother’s.
Henry Waltrick, sicora-Mr. Kiehl
is a full cousin of mine ; Simon Snyder
and I went into the jail on the Sabbath
Kiehl was arrested. Snyder had started
out to Sir. Wm. Doners’ before Kiehl
was brought in ; I called him back ; we
went down to jail; I hitched my horse at
Noaker’s tavern. Mr. Smith, the turn
key, left us Into the jail; we went up
stairs and were directed to the cell by
some persons in the hall. Mr. Snyder
came to the cell first; he called Mr. Kiehl
by his first name, John, three times. Mr.
Kiehl did not come to the door. He
stepped to the aide, and I stepped up and
called him once, and he came to the door.
I asked him if father bad seen him ; lie
said not- I told him he was In Carlisle
and wished to see him. Then I stepped
back and Mr. Snyder stepped up and
talked to him. While lie was talking to
him, MHHkelly, ofNewburg, was there,
and I got into conversation with him.
Skelly asked mo to go into ills cell; dur
ing tills time Snyder was talking to
kiehl; as I was passingKiehl's cell, Hny-
der told me he accused Mr. Kiehl of buy-
ing poison [ he said Kiehl first denied
It, but afterwards acknowledged he had
bought .poison for mice or rats, Kiehl
wa&. then standing just inside his cell,
with bis mouth to the door. Snyder was
standing on the steps, leading into the
ceU, with > his face turned half around.
Their faces were is or 20 inches apart*
tsnyder,bad;:l0 _ apeak:n7,lityelou,der itbau
commonly, for me to hear,'on account
1 of the confusion in the hall; Snyder was
standing with hisside towards Kiehl, and
his face turned .towards me; the back of
his head was turned towards Kiehl.
Cross Examined was a good deal
of confusion in the hall; there were live
or six talking and laughing. There was
great confusion owing to Klehl’s just
coming. When I came out of-Skelly’s
cell I came back ; Snyder told me, in
Kiehl’s presence, that he told him, "Ho,
you didn’t buy poison for mice or-rats,
but for your wife ;” Xdo not remember
that he gave me Kiehl’s answer. Then
he stepped back from the cell and told
me I should talk to Kiehl if I wished to.
I told him I didn’t wish to ; I. hated to
speak to the man under the oiroum-
stances.
Frederick Jlentzer, sworn—l live
in Frankford township, about four miles
Irom where Kiehl’s father lives. I have
known John Kiehl since before he was
married I bad some transaction with
the Sheriff.; I came to town and went
lown there, about the middle of June ;
ihere was some other folks went into the
jail, and I went along ; walked around
the jail and looked into cells until I came
around to where John Kiehl was. I shook
bauds with him, and asked him how he
was; he then said he was well. I then
said, is it possible that ! find you here ?
He said it was. I then said, "John, is it
true that you bought poison and gave it
to your wife?” He said he did buy poi
son, but didn’t give it to her; he bougbl
it for rats. That ended the conversation,
I am not related to Kiehl or the Doner
family, and have always been on friend-;
ly terras with Mr. Kiehl and bis family.
Cross Examined— l know the Sheriff’s
father; he was in the Sheriff’s office that
day; but he was not upstairs- I talked,
to him. I remember what I said and did
that day; X think I was in a condition to
remember; the Sheriff’s father and I had
a drink, and I think the Sheriff drank
along. I was sober enough to do the busi
ness I had to dti. This was some time in
the forenoon ; can’t tell what time. I
came to town pretty early ; I couldn’t
tell bow many drinks I took before I
! went to'the jail; I didn’t keep any ac
count. I don’t remember where I stop
ped that day. Ido pass a tavern without
taking a drink.
Re-examined in chief-— I- have a clear
and distinct recollection of the conversa
tion with Kiehi; I had bailed Leeds, and
the Sheriff served the notice on me. X
went to see him about it.
Mbs. Ann Doner ,sworn— l am mother
of Mrs. Kiehi; I went to her house on
Wednesday, during her last sickness. I
took a wooden box like that from the
cupboard. I opened it to see whether it
would fall open, and I shut it and put It
in my jiooket. I gave it to ray husband,'
John Doner. I never put anything, nor
saw anything put in it.
Cross Examined— l went there between ]
eleven and twelve o’clock; I got the box
Thursday morning ; It was standing in
the kitchen cupboard. The cupboard has
a door; it was not locked. X thought it
was an empty box, but there was a little
bit of white or yellowish powder around
the edges like. I didn’t try to get any of
the powder off. I shut the box and pul
if in my pocket, I can’t tell whether
there were any other medicines standing,
any vials or dishes. I.don’t remember
whether there were any other boxes there
or not. I don’t mind of any label on the
box; I can't tell, don’t mind that there
was’any writing on the box. I don’t re
member that there was anything on the
box; I had it in my hand, but I didn’t
examine that particular. I opened and'
looked in it. I just looked in the cup
board to see whether the box was there.
I don’t remember what was in the cup
board; I heard them talking there was
suspicion ; they talked about the box,
and I went there to hunt it; it was not
my business to examine the cupboard. I
! didn’t look any where else for boxes. I
knew it was the box Mrs. Kiehi had at
’ our house. My daughter knowed it; I
1 knowed it was the box; I saw what was
in the box when she had it at our house;
it wasn’t altogether while, it was whitish.
The box was full when she opened and
showed it to me. She came to our house
on Sunday evening, and left on Monday
after dinner, and went home. When I
came to her house, there was little black
pills, and powders left. I gave her pow
ders; they were in papers. I don't re
member the color of the papers. I can’t
justtellwhetnersne vomited after taking
the powders I gave her; I can’t tell
whether she throwed up directly after
she had the medicine, but she throwed
up after that. She throwed up violently
—sometimes shortly after taking medi
cine, and sometimes not. My brother
in-law, David Waltrlck, took mo there.
John Kiehi was at home when I went
there. He went to town once I knew of;
I can’t remember what he wept to town
for. I don’t remember whether be was
at home; I had enough to do with myself
and my daughter. I gave the box to John
Doner bn Thursday morning. I seen the
box afterwards at home in the cupboard
at our house; I don’t remember how long
it was there ; I don’t believe in witoheu.
There was never acalf killed atour house
because it was bewitched. I pushed John
away from his wife—she fainted.
John.Doneh, sworn—l got a box like
that on Thursday after we went up to
Klehl’s. She gave it to mo iu Kiehi’s
house. When she handed it to mo I
opened it; there was something in it
around the edge. I put the box in the
cupboard at our house. On the 21st May
I gave the box to Mr. Sadler; I wrapped
a newspaper around Hand gave it to Mr.
Badler at IClehl’s. I never put anything
In it, orsaw anything put in it. Mary and
Ann, Emanuel, Satn’l and my wife and
myself were all that were at our house.
Cross Examined,— l have been .on bad
terms with John Kiehi since bis marriage.
He didn’t offer to put my borseaway the
day I came to his house. I didn't swear
at him and say I’d knock him down, If
’ he touched ray horse; I didn’t make any
; threats against him. I didn’t tell any
, body that John Kiehi must bo convicted
. 1 whether innocent or guilty; I didn’t any
at David Waltrlok's that if lohu Klohi
wasn’t convicted, it would lose me ray
farm. I put this box in the cupboard
when I went homo; it was on
May Utli. I took, it out on Monday of
week after; I think it was on Monday
22d..X showed the box to nobody. 'Da
vid Waltriok never saw the box at my,
bouse, cupboard was not locked.—
hooks and papers, und notions
in TheTmpTienfd" " I Bever-thought about.
the box until they told me I should fetcli
lt ; X can’t mind whether there was any
thing written or printed on the box.
’ Mary Doner, Jic-callcd— l saw the
box father brought, in the cupboard. I
never saw it before. I opened it and
looked in it, but never put anything in
it. and never saw anybody put anything
in it; I asked what Box it was, and they
said it was the box Sarah had her medi-
cine in.
Ann Doner, Recalled—l saw the box
father brought from Shippeusburg.in the
cupboard at home; I opened it, I didn’t
put anything in it, or never saw anybody
else put anything in it. She and
I were in Carlisle when she got that
medicine. That was two weeks before
she died. Dr. Bixier gave her the medi
cine. X dont remember whether she got
the bos from, Dr. Bixier. I was with
her at Dr. Bixier’s office. I don’t re
member whether there was any direct
ions on the box, I do not remember
whether there was any writing or print
ing on the bos. The powders from Dr.
Bixier were in a box.
Sam’l Doner, recalled —I seen the box
father brought, in the-cupboard; I took
nothing out, and put nothing in; nor did
I see anybody put anything in. I rather
tiiink there was something wrote on, the'
top of the box; I think there was written
on "every three hours, a half teaspoon-
Em anuex. E. Doner, sworn— l am
the brother of Mrs. Kiehl. I saw the
box father brought from Kiehl's. I did
not put anything in It, nor see anybody
else put anything in it.
, \V. F- Sadler, Esq., sworn—Mr. Do
ner called at ray office, some days after
his daughter was buried, told me there
was a suspected case of poisoning.
He brought the box to Kiehl’s
house, I took it to Philadelphia
and handed it to Dr. Rand. There was
writing on the top of the lid—} teaspoon
fol three times a day, written in ink- I
did not put anything in it or see any
thin" putin it. It was in a drawer in
my office desk ; at the rear end of the
diawer under some papers, It was not
.disturbed when I went to get.it.
Cross Examined.— l.had it a consider
able length of time. I got it about 22d
May. I kept it until not very long before
August court. We went to Kiehl’s
to see if there was evidence to justify
us in sending the remains to Philadel
phia, to have them analyzed.- I didn’t
tell Mr. Shearer I was going. I was
determined when* we left there not to
prosecute the suit. I may have said to
Mr. Kiehl that I found nothing against
his son. I was not in any room but
front room of house. This was just
after the post mortem examination, and
before the chemical analysis, and be
fore we heard of Kiehl’s declaration of
having bought poison.
0. E. Maglaugultn*, Esq., sworn.—
I received a box, similar to that one,
from Mr. Sadler. There was some
writing upon the lid. My impression
is it was ‘‘'one-half teaspoonful, three
times a day.” Upon receiving the box
from Mr. Sadler, I put it in my paper
case, and locked it up. It was there
until I gave it back to him. I may
have taken it and shown it to Mr.
Horn, a druggist in town, but didn’t
leave it in his possession. I gavejt to
Mr. Sadler just before he went to Phil
adelphia, after the August court, I
think. On the day Mr. Sadler and I
were at Mr. Kiehl’s, in company with
Mr.s Deeds, who was keeping house for
Kiehl, I went up stairs, and examined
the bureau,—yve found there several
boxes, and a chest which was pointed
out to me as Mr. Kiehl’s chest. The
chest had a small compartment, with a
little lid to raise. In that were some
shaving utensils, some other little ar
ticles, and a yellow paper tied around
with a string, which; upon opening, I
found to contain a considerable quanti
ty of a brownish colored powder. I
took possession of the paper, brought it
home with me,- locked it up in my pa
per case; it remained there until last
Saturday, when I delivered* it to Mr.
Horn, a druggist in Carlisle, to be an
alyzed ; I hunted in the bureau and
chest; the paper was nearly the size of
the sand box.
Jonathan Hoffman, swpYn. I live I
in Southampton township; I saw her
on Sunday afternoon before she took
sick; she seemed to be in as good health I
as I had seen her for some time. The
next time I saw her she was on her
bed, on Thursday afternoon. She ap- I
peered to be very sick. On Friday
morning when I was going away, Kiehl
called me around the corner of the j
house; he asked mo whether I heard
whether any of them was going to push
this report that was out. I let on I I
didn’t know anything about it. On
Saturday, after the funeral, he asked I
me to stay and take some supper with
him. I staid for him, and when I left
to go home, he walked with me out as
far as the barn. He asked me whether
I heard that the Doners were going to
push this talk that was out. Then I
let on as If I didn’t know anything
about it. He said that him and some
of the rest had talked of pushing it
themselves, and agreed to say no more
about it, and ho was satisfied. I said
there was a talk up, which he said there
was. I told him if I was inhisplaco,and
wasn’t guilty, I would push it myself
right away. Ho made no reply to that.
He said ho hoped there would be some
friends so good as to toil him about it.
Kiehl owned his place; there was near
thirty acres. X understood ho was to
get $-1,000 for it.
Cross Examined .—l do not know that
ICiehl was a good deal indebted. I told
him X hadn’t heard anything about it.
I had heard some little talk about it,
Db. J. B. Bixleb, swam.— l reside
in Carlisle; am practicing medicine. I
know John Kiehl. I met his wife at
Dr. Zitzer’s office, on Ist May last. I
gaye her medicine; roehelle salts ; a
white powder. I put it into a box she
had with her. .There were directions
on the box. I believe it was “take
half a teaspoonful "three times a day.”
I believe the directions'had been on the
box before. X didn’t alter the amount
of dose. The medicine was to be taken
same way. I gave her a solution of
'citrate of iron. I anfeertain it was ro-
ChellersaitsTgave-her. ——
Cross Examined. —I was attending to
Dr. Zitzer’s office at the time. He. was
absent. She came into the office; there
was a gentleman and another lady, with
her. She enquired for Dr. Zitzer;. I
told her he was not at home. I was at-
tending in his place. I asked her to
walk into the consulting office. I made
an examination. She complained of
weakness, had some palpitation of the
heart, some headache. I don’t remem
ber that she complained of any disease
peculiar to ladies. She had some indi
gestion. I don’t remember any other
symptoms. I don’t remember that she
asked for the same medicine Dr; Zitzer
gave her. She came back after going
to hotel, and said she had tasted the
medicine, and it didn’t taste like that
Dr. Zitzer gave her. Idp not remem-
ber telling her I had put something in
It to disguise the taste. I don’t re
member of anything else occurring.
The powder was white. Dr. Zit-
zer and I have been doing busi-
ness for nearly five years. I had ah
office of my own, but was at Dr. Zitz
er’s office nearly every day. She said
she was getting along very well on
what she bad taken, and I should give
her as nearly like that;as I could. I
made the powder fine before I, gave it
to her. I took the medicine from the
place we keep. our roehelle salts; ro-
chelle salts dissolve in water.
Ee-Examinedin Chief. —In Dr.Zitzer’s
office, we kept our arsenic under look
and key. We had a very small amount
on hand—there was not much in a vial.
We hadn’t as much as would fill a box
of that size. I used a grain or so of
arsenic during Dr. Zitzer’s absence. I
believe he left for California on 24th of
April; he returned in June sometime,
I got the medicine I- gave Mrs. Kiehl
from a drawer down beside the counter.
The powder was put loose in the box.
There was a little white powder in the
box when she brought it to me to be
filled.
W. P. Horn, sworn. —I reside at 76,
South street. I follow the drug busi- ;
ness in Carlisle. I spent four years
under Dr. Himes-two years of the time
as an assistant, had full access to the
laboratory, so X could enter and work. ■
whenever! desired. After graduating,
I held the position of quantative
j Analytical Chemist at the Iron Masters
laboratory in Philadelphia. I, was
there several months. I received, a
r package which I have now in my
I possession about 9 o’clock on Saturday
1 night last. The color of the package
I was reddish brown. I isolated and
I analyzed some reddish fragments of
crystals, and satisfied; myself that they
I were crystals of some chromate. I re-
I served a portion of crystals to show to the
I court if necessary. I have them with
I me. I also brought with me a crystal
of bi-chromate of potash, taken from
1 the store, which the jury can compare
with the crystals obtained. The others
I I consumed, in making my analysis
The determination of my analysis was
I that chromic acid was present in some
form—either as bi-chromate or' chro-
I male. I believe from the color, and a
I test which I made, it tp be a bi-ohro-
I mate. I did not test it for potash. It
1. has all the physical appearance of bi-
I chromate of potash. ’ As a matter of
I experience I can say nothing for their
I medical properties. Bi-chromate of
I potash is a violent poison. It' would b >
I difficult to say what would be the taste
I of bi-chromate of potash. The package
has all the physical appearances, and
, I chemical, as far as I have tested it, of
lan ink powder. I found upon dissolv
> I ing it thoroughly in water that it gave
. me a deep blue-black color. These
1 1 three tubes contain the results of my
[ analysis, in testing for chromic acid, by
. the silver test, the lead test and the
[ 1 Bareter test.
Cross Examined. —I do‘not undertake
to say that this is chromate of potash.
Chromic acid is the poisonous part of
the compound. There was an organic
substance in it which, by its physical
appearance, I judged to be extract of
logwood. I couldn’t say whether the
compound as it was handed me was
poisonous. I put up ink powders, of
bi-chromate of potash and extract log
wood, and also a small portion of yellow
prussiate of potash, I sold the ink
powders I made to a one-armed
peddler.
Christopher Mellinqer, sworn. —
I Uvea mileand ahalf from John Kiehl.
I knew him and his wife. I saw her
two weeks before her last sickness. I
have seen John Kiehl and Kate Myers
together in the public road, in his
buggy, about fourteen months ago—
the latter part of August—on the road
leading from the ridge to Shippensburg,
about a mile from Kiehl’s place. He
had his arms around her neck ; driving
with his right hand. It was about six
o’clock in thaevening; it was daylight.
B. P. Miller, sworn. —J live half a
mile from John Kiehl; am a farmer;
Kate Myers worked for me; John
Kiehl too, in September, 1870. After
meals, he went out at the front door,
Kate going out at the back door, meet
ing together and having a conversation
to themselves. They would remain to
gether probably ten minutes. In the
evening also he would remain some
time, the two being together. They
would be handy to the house, at the
well. One evening he staid there about
an hour. I got his horse for him after
dusk. I hold his horse for twenty
minutes, waiting for him. Him “and
Kate was at the well. He worked there
three days. After he left he came back
to the house twice for her before she
went to his place. When ho came ho
would bo with Kate, generally in the
shanty.
Cross Examined.— lt was a quarter of
a mile to Myers’ from my house. Kate
and Kiihl were working for us. Kate
was there over three weeks. The well
Is oulsido of the yard, about four rods
from the house. Kate was taking care
of my daughter, who had a child at
home. , .
MR3. Martha Miller, sworn—l
reside in Southampton township, half
a mile from Kiehl’s, I know John
Kiehl and Kate'Myers. John worked
forus.fwhileKate:;Jlved:thero;::After
their meals, John and Kate were always
together.- Kate was there three weeks.
After meals she would go out the
back door and John out of the front
door, and they would meet at the
shanty. He would stay three quarters
of an hour or so. When he came past
with wood she would go down to well
to meet him. Ho would go into the
shanty and sit with her. He staid there
one night as late ns eleven o’clock. He
was with Kate, out of doors. I didn’t
go out to look where they were. He
came there when Kate was milking,
■and gave her some peaches through the
fence. ", Ho. sat at one side of the table
and she at end. She took her plate and
Went around beside John and hunched
him and told him t 6 set up.
Cross Examined. —I could not hear
what they were saying at the pump.
Once he was there in the evening, after
he was working there. Mrs. Kiehl had
tetter on her hands.; The shanty is our
cook house. We eat there in the
summer time. Kate told me she
had promised to go to Kiehl’s before she
came to me; my daughter was married,-
and Kate came to take care of her; I was
up stairs ; my daughter was down stairs.
Mary Brown, sworn.— l know John
Kiehl when I see him ; know Kate My-®
ers;, saw them together one time going
past my house, along the road, in a bug
gy; this was in March last; he had hie
arm around, her waist; it was in the af-
ternoon on a Saturday.
Gross Examined.— They were going to
Bhlppensburg; it was a very pieaacfnt
day; they were in a buggy | the top was
up; I woe on the porch.; they didn’t
speak to me; Kate was sitting on the side
next me ; I live on the left hand side of
the road going to town.
Erastus McKinney, sworn— Reside
in Southampton township; know John
Kiehl and Kate Myers; saw them on the
road passing my place, in the fall of 1870;
he had his arm passed around over her
shoulder; she had her arm around him ;
this was towards sundown.
B. F. Stover, sworn —l know John
Kiehl by sight; I overtook Mr. Kiehl at
Burd’s Eun below Shippensburg. Wo
were each on, horseback; It was on Tues
day or Wednesday before bis wife died ;
■ Mr. Kiehl told me his wife was sick, and
be had been very unfortunate since he
had been at that place; had a horse stolen
from him, and his wife had been sick
for some time, and if things didn’t soon
get better, he would sell bis and
leave that part of the He said
■be couldn’t got a girl but Kate Myera and
she was .with her brother planting corn,
and sooner than not have her, he would
go and plant corn a few days in her place.
He said he had her before and wanted
her again. He said she was the ; best
housekeeper he ever had.
Cross Examined.— Kiehl seemed agood
deal distressed that day, after we rode
together a little piece.
B. K. Goodyear, sworn—l am deputy
Sheriff of Cumberland county . I arrest
ed John Kiehl. He seemed to dread go
ing to jail a good deal. I told him there
was nothing so terrible in going.to jail,
if he was innocent; and if he had given
his wife no poison, they would not be
likely to find any at the anayisis. He
then just made this remark: “My God !
suppose some one else gave her poison.”
I told him that would be a little rough on
him, if be couldn't make it appeal he did
not give it to her. I introduced the sub
ject of the poison.
- SAM’Xi A. Uoneb, Recalled—My sister
was thlrty-twp years and three months
old when she died.
Commonwealth’s attorneys then pro
posed to put the following hypothetical
case;
" X' woman, aged thirty two years, who
had been married for nearly eight years,
but who had borne no children, who had
been for some time indisposed and taken
medicine, complaining of some headache,
some indigestion and some palpitation of
he heart, but who was able to do her
thousehold work, washing, baking, gar
dening, scrubbing, some times attending
to the stock at the barn; on Sunday May
7th breakfasted on sausage and pie, for
dinner ate cream cake; after dinner
walked to a neighbor’s house, one quar
ter of a mile distant, remaining there
several hours, was lively, looked well
and felt much better, walked home again
and in the evening of that day, after
taking a powder, was seized with violent
vomiting, great pain; described by her as
drawing her almost double. On Monday
May Bth, seep sitting with her head
resting on her hands, apparently sick; on
the evening of that day found In bed,
very sick; another powder administered
to her was followed by burning In her
throat, she complained of burning up,
followed by vomiting several times In
the course of an hour thereafter, great
pain in the stomach, the vomiting strain
ing her, color of the vomit green, com
plaining of her heart beating. On Tues
day May 9 in morning found lying on
the floor, with burning In her throat, diz
ziness, complaining of her eyesight, with
difficulty of breathing, vomiting and
purging, the nature of the purging being
green slime, offensive; in the afternoon
of the same day found by the physician
called in, with quick, Irritable pulse, al
most Indistinct at times, the tongue dry,
coated and swollen, great tenderness in
the region of the stomach, burning sen
sation in stomach extending up to throat,
the extremities cold, covered with clam
my perspiration, disposition to falut or
swoon when the bead was elevated, vio
lent vomiting and purging, the matter
vomited being a yellowish brown fluid,
mixed with mucous. On Wednesday
morning May 10 found again by the phy
sician in the same condition as on (be
day before, and during this day suffering
with burning like fire from stomach to
chin, great thirst, objects appearing dark
and quivering before her eyes, vomiting
when drink was given her, with a dis
tressed, anxious look, vomit green color
ed, black like coflee grounds at bottom,
disposition to faint when lifted up, com
plaining of smothering restless and
throwing her arms abont , Thursday ,
May 11, found by physician with great
oppression of breathing Intense burning
in the throat; great difficulty of swallow
ing,-an almost ent{ra suppression of. the
urinary secrillons, throwing up any liq
uid taken into the stomach,, growing
weaker and (lying oq the nlghtof.Tburs-,
day May 11, it 3 o’clock; buried oh Satur-:
day, May 13m, was exhumed Saturday
May 20and postmortem examination held
Teveallngtl)iuollowing.fafita:...lieCbady„;:
was full, the skin was of a purplish hue,
very much mottled with greenish tints
here and there appoints; the bloodvessels
immediately uo&r the skin,'especially
over the chest ail arms were patulous—;
that is very flat id somewhat irregular
and were muohjjisoolored. The abdo
men was very miih distended but not ex
tensively so; theses seemed protuberant,
there wasconslde'fble purging of sanious
matter, that is hif blood, from mouth
and lips; the courtsnance looked natural
except the protrlion of the eyes, the
lips were purple,Hth, however, a deep
red lint. Theresas swelling on either
side of the neol| just below the ears,
with softening {dioating rapid decom
position. An ipision was made from
the breast bono'to the pubes, down to
the peritoneal ,‘ao, down to the lower
part of the alpmen. The peritoneal
sac carefully- finotured by means of a
email knife, *d a very small quantity
of offensive gl escaped, Two incisions
carried on eitfr side, the one along the
edge of thefibs—the other along the
spine of thq turn. The transverse colon
was with gas, but empty.
The exterjl surface of the omentum
was dry, a| looked ns if it had been ,
pressed by ifit towel, and all the mois
ture lapped |t. The transverse colon al
so had a verwongeated appearance. The
blood vessellf the stompoh and bowels
were unusual large. The Stomach and
bowels werejao unusually dry in their
appearance, the blood vessels very
much congesij- The bowels and stotn-.
aoh were alsliiscoigred of'a purplish
hue, with deered and yellowish inter
vening apacoj The blood vessels .in the
peritoneum beared natural. The exter
nal appearaqof the organs of the chest,
was heaithylfhe heart seemed natural,
but on hating, the muscular fibres
were flaooitlt flattened right down
when you id it down—the heart wa
empty—thejigs healthy, except slights
ly congested The liver was natural in
size, free froorganio lesion, but exter
nally unusiiy dark and of a greenish
tint. The g bladder seemed natural,
was partialljnpty and had a somewhat ’
shriveled ap,ranee—marked inflamma
tion extendi along the entire course of
the bdwels.’his inflammation is not
uniform, bun- patches from J of an
inch square large stripes seven to eight
Indies in (face. The Inflammation
consists of egestion of the blood ves
sels of ! the fernal and internal coats
alike, and inlor from a light pink to a
yellowish a purplish gargrenoua hue,
more markihowever on the mucous
coat. The lieis were entirely free from
feculent ma,-, in other words they were
empty, excethat they contained a very
small quant of fluid; This fluid was
of a yellow, darkish character. The
kidneys, paieas and spleen were found
healthy. T genital organs and blad
der removedrefully, by ist disseoting
tbe fold of I peritoneum jvhich covers
,'the ovaries,id then dissteting out the
womb, the ,ba(\ligament|the vagina,
the bladder, ad the latorinl labial re
moved togetjr. The genitaland urinary
orgaus Green that there
was a flacolfiy of the upsdlar fibres of,
the biadderiThere was in Alargemont,
however, of ie fallopian tibibeing more
than ton tics its natural dimeter, but
evidently ccgenltai or natuiK there be
ing no evidice of disease aba it. The
membranesif the brain werffiealthy.
The blood jssels slightly tura but no
marks of inanimation; the suree of the
brain looki natural; several (Usvorae
sections though its lobes bei-. made,
and no mrks or evidences otlisease
found. Tb condition of the lod was
dark and. Aid. and absence of aSU from
the cavity i the abdomen,
bladder, stoaach,and apiece oftesmall
intestine abut three Inches idength.
the liver w;h the unopened gladder
attached, aid the heart were ifnitted
to cbemica’ analysis and moremn one
grain of abenio found in the much, a
quantity (Varsenic estimated amgrain
found in tie liver, and arsenicsaposlts
given out by the intestines anladder*
State wha i in your opinion wasl causa
ot death? '•[
To which' the defendant’s orneya
objected as follows :. y
The hypothetical case Is objel.to by
defendant’s counsel, as follows i>?i
Ist. That the system of hypetlcal
cases, in a charge of murder, is Wg in
Itself, and only calculated to taihe life
of the defendant on a class of talons
formed to sustain particular theft!
■ 2d. That a hypothetical ooseinmes
ns absolutely true every thlngerted
therein, and as containing tlfhoie
truth of the case, and it is unfai* de
fendant to have opinions expsd by
medical experts on assumed faefhloh
may or may not be true ; and (oh a
slight shade of coloring in the liage,
different from the testimony, nwork
great prejudice to the defendant i
3d. The experts assume the duf the
Jury, and are called upon to define
facts peculiarly the province of lury
to determine.
4th. This case incorporates ip oat
mortem examination (as far as >es,)
of Dr. Kiefferalone, and not of Driga
dorf who assisted him.
sth. The defendant should be I by
the simple facts of the case in evee ;
and not by the machinery manured
by counsel, in the form of suppons
cases, which may easily be decep
Oth. That there is no authority ut
ting a hypothetical case in the I of
the one now presented.
7th. A hypothetical case, if aid,
should contain uotblug but the P~
toms.
Bth, It should not refer to th'
mortem.
9th. -It should not refer to the oil At
analysis.
The objection overruled, and the -
tion asked.
Dr. S. B. Kieffer, recalled— (fl/-
pothetical case read to witness; a*t
his request a portion of it was reads;*)
From the indications of that casolli
tlent must have died from havid; j
lo wbd a poisonous dose or doses oP,rfi-