®()e 3Vmcmau iJoJunteev
PUULISIIKD EVERY THTOSDAY MOKNINO
DBATTON Jc KEtmKDY.
OPHCE-SOBTII IURKET fIOUABE,
1 rums:— Two Dollars per year If paid strloliy
In advance; Two Dollars and Fifty Cents If paid
Within three months; after which Three Dollars
w.U bo charged. Those terms will bo rigidly ad
hcred to In every Instance. No subscription dis
continued until all arrearages aro o,ald, unless a 1
(he option of the Editors;
(earns.
0-NXTBIT 'states claim
AND
REAL 1282 A Tl 2 A 012 NVY*
WM. B . BUTLER,
ATTORNEY AT I.AW,
* Office lu Franklin House, South Hanover Street
Carlisle. Cupiborlaua county, Penna.
--.AppUQivtlons by mall, will receive immediate
attention.
Particular attention given to the soiling or rent
ing of Real Estate, In town or country. In all let
ters of please enclose pdstago stamp.
E. JBEITZIIOOVDK,
ATTORNEY-AT-LA W,
CARLISLE, Pa.
r.'S-Ofllce on South Hauovor Street, opposite
Oci/t/.’s dry goods store.
Due. 1.1865.
& PARKER,
ATTORNEYS.AT LAW.
Ofllcft on Main* ytreot, lu Marlon Hall, Car
lihlg, Pn..
Hoc. — t
Q..E 0;.,8. E MIG,
ATTORNEY- AT-LAW,‘
Ofllco with S. Hepburn, Jr.
East Main Sired,
CARLISLE, PA.
fob. 2,71—1 y
W Kf’iNNEDY, ATTORNEY AT IAW
, Car Halo, Penna. Oflice samo as tlmtoi
American volunteer.”
1 -n
pvR- GEORGE fl. SBARIGHT, Den
I / tist. /*Vom the Baltimore Cnllene of Denta
SurgtT}/, OUlceat the residence of his mother
Ea-sM-ioathorStreet, three doom below Bedford
Carlisle, Pouua.
Due. 1 18(15.
Jhats anti ®a»o.
IN
HATSAWD CAPS:
At KEIjLEIi’S. 17 North Hanover street,
Wo. Imvo received the Intent styles of HATS
and CAPS. Bilk Hats, New York and Philadel
phia styles, CnßSlmero Hat* of nil Hhapes and
prices, Soft. Hals of every kind, from 75 ceirts
up. Cloth Ilr.ts, in Ulue, Velvet, Lasting, Mixed
iCnss and Black. Also a lino lot of Hoys’ and
Children’s Hats, Oio(h and Kelt, and at all prl-
MEN,
BOY’S, AND
CHILDREN’S,
HATS,
In styles too numerous to mention, nil oi which
Will ho sold at the lowest Cash prices. .
Call and examine our stock, you cannot fall to
ho pleased in price and quality.
HAT*', of any kind made and repaired to
rdcr, on short notice.
JOHN A. KELLER, Agent , '
No. 15 North Hanover Street,
Sept 28. ’7l-tf.
|JATB AND CAPS I
DO YOU WANT A NICE HAT OR CAP 7
If so. don’t fail to Call on
J.aCALLIO,
NO. 29. TFJGS2 MAIN STREET,
Where can he seen the finest assortment of
. .HATS AND CAPS
ever brought to Carlisle. Ho takes great pleas
.uero In Inviting his old friends and customers,
and all new ones, to his splendid stock Just re
dived from Now York'and Philadelphia, con
sisting In part of fine
SILK AND CASSIMERE HATS,
besides an endless variety of Hats and Caps o
the latest style, all ol which he will sell at th
Cotvesi Cash Prices. Also, his own manufacture.
Hats always on hand, and
HATS MANUFACTURED TO ORDER.
He has the best arrangement for coloring Hats
and all kinds of Woolen Goods, Overcoats, «fcc.,
the shortest notice (as he colors every week) and
on the most reasonable terms. Also, a flnolot of
ohoico brands of
TOBACCO AND CIGARS
iways on hand. Ho desires to call the attention
■*o persons who have
OOUNTRTFURS ,
•to sell, as ho pays the highest cash prices for the
same. P
Give him a call, at the-above number, hia old
fltand, as he feels confident of giving entire satis
faction.
Sept. 28, 71—tf, J
BUI G®®BS
BEAL VALUE
HARPER’S !
SOUTH HANOVER STREET.
If you want a nice CALICO DRESS,.
If you want a nice Do Lame WRAPPER,
If you want a nice ALPACA LUSTRE.
If you want a nice, PURE MOHAIR,
11 you want a nice CASSIMERE. SUIT
II you want, a nice CLOTH SUIT,
It you want a nice TABLE LINEN.
If you want, a nice FELT or HOOP SKIRT, v
If you want a nico OPERA FLANNEL,
If you want a HANDSOME SHAWL,
If you want a HiuuUonio LACE COLLAR
If you want a Handsome Luce Handkerchief
If you want Hamburg EDO INGS CHEAP,
If you want GUIPURE LACES CHEAP,
If you want L*nen Handkerchiefs CHEAP
If you want'Dß'l GOODS CHEAP, .
CAU AT
MEF
Yow will find an extensive and superior va
riety In Dress Goods, comprising Cashmeres
Australian Crape, Silk ami Wool Repp-, Plain
and Plaid Poplins, Black Silks, and a complete
assortment of staple Dress Goods. Also, Blan
kets, Flannels, Water-proof Repellants, Velve
teens (Black and Colored.) Merino Shirrs and
Drawers, Ladles’Merino Vests, Twilled Sheet-,
frig (a new article.) and Puli lines of Notions
"While Goods and Ribbons.
If you would Ravq money call at my store,
where prices will compare favorably with any
on this side of the Eastern CMes.
T. A. HARPER.
Joseph Kids, $l,OO.
Oc <?. 5 ’7l—Ow.
FARRIE R'S BAN. , Carlisle, Penn
has facilities for tho transaction of every
variety of BAN ICING BUSINESS that may be
required by Us customers and correspondents.
Makes collections on all points in the United
States,
Buys, soils, and alteqda to nil- orders for the
-Bale— or— purchase—ot_Gold,.Government and
State Bonds, and all other ilrat a di‘ii«s’kecurl~
ties., **
Negotiates loans and discounts commercial
paper.
Attends to tho collection of Interest coupons
and dividends.
Furnishes drafts to' persons wishing to remit
money to any part of tho United aintes. Ca
nada or Europe,
Receives deposits In largo or small sums .and
pays Interest on special deposits.
Is empowered to not ns treasurer and finan
cial agent for Btato, county and city govern
meats, corporations and Individuals.
U. GIVEN,
J. C Hoi-'FKR, Cashier.
Aug. 31, 71—3 m
Q.OOD NEWS FOR THE PEOPDE.
J. ELLIOTT,
, (Successor to J., W. Smiley,)
No. 83 NORTH HANOVER STREET,
Carlisle, Pa.
Has just opened a large and splendid asaoit
moat of
Mil MD WINTER CORDS,
CONSISTING OF
CLOTHB,
CASSIMEREfI.
OVERCOATING, ‘
VESTINGS, Ac
which he will sell by the yard, or make up Into
suits lo order, on short notice, and at unusually
lo w prices. Huvingsocurcd the services of ono
of the .
BEST PRACTICAL CUTTERS
in Carlisle, together with a number of the best
practical hands to make up, he promises to give
entire satisfaction In Ills, style and workman
ship. Always on baud a largo and complete
stock of *
BEADY-MADE CLOTHING.
of home manufacture, which ho will sell as cheap
as the cheapest. Overcoats on hand or made lo
order. I will ict no man undersell mo. A largo
and complete stock of prime Winter
Boots. Shoes. Gaiters.
Ac., of every variety, style and quality, for gents
Ladles', Misses'. Hoys' and children, made to
mdor. AM to bo sold cheap, cheaper, cheapest.
Also, a great variety of 1
ILA X S ,
ofla'Cßt stylos ami best ijUAlIt U*h, together with
atmmmil tLssoittiH'Ul of NOTIONS ami Uent’s
Furnishing goods. Do not tall to give mo a call.
Mymotto is “ Quick aalesaml smail profits”
JOHN ELLlOrr.
Bopt, 21,1871—Um,
ikt liimlte.
BY BRATTON & KENNEDY-.
THE KIEHt TRIAL
Tlio Testimony Conducted,
CHARGE OE THE COURT.
TUo “Wot Gnllty.”
Db. Zitzeb Cross-ex — l consider Dr,
Wornilcy as high authority. (Mu
glaughlin reads from Wormley, p. 241)
I keep in my office a bottle of medicine
I call Pulvis Temporalis. In regard to
the spots on the intestines—l refer to
the black and purple ones.
In Chief.— l have treated other per
[ sons for this same disease, with this
same medicine. I treated Mrs. Reuben
Fishburn, who lives five miles up the
pike, for the same disease. Ovary can
cer is the technical name of the disease,
I treated her for a long time.
Cross Examined —l treated Mrs. Kiohi,
all the time for this disturbance, men
trual disease.
John Sites, fiworn. —l have known
John Kiehl two years, the time he
lived at Addams’. His reputation was
good.
Wit. Addams, Recalled.— Mrs. Kiehl
was' complaining very much about
j not being able to do her own work.
My wife told her she might bo glad
that she had a girl that pleased her.—
She (MrsK.,) said yes, no one but
Kate Myers, and her sister Ann could
dp her work to please her.
Letter of Dr. Rand, of the 2Gth of
May, 1871, to Wra, J. Shearer, oflerel
in evidence. Admitted by the com
monwealth that Rand sent the Distrioi
Attorney a precise copy of the same
Defence Closed.—ln Chief.
Rebutting Testimony on part of
Commonwealth. *,
Commonwealth. offers to amend or
modify the hypothetical case. De
fendant objects, objection noted.
un. W.W. Dale, re-called.—Com
monwealth rends addition to hypo
thetical caso, as follows: Supposing
the woma n named in the hypothetical
case, on several occasions during the
winter preceding her last sickness, to
have had hard spells of vomiting, and
to have been under arsenical treatment,
as described by Dr.-Zitzer, taking in
the month of February, Si pills, con-
taining In all one grain of arsenic, one
twenty-foutth to the pill, taken
every three times a dfiy; an ounce of
Fowler’s solution given on 14th March
and taken for 15 or 20 days, at the rate
of six drops per dose, and then in
creased for a few days before (he men
strual period to ten drops a dose, then
suspended for a few days, and in April
renewed-again—the patient having her
bowels open during the week preceding
her last illness, and the symptoms
occurring as detailed in the hypothet
ical case; and modifying the chemical
report so as to say one grain of arsenic
found in the stomach, and a notable
portion In the liver, small intestines
and bladder, would It change your
opinion that death had occurred from a
poisonous, dose of arsenic, admin
istered at or about the time of the
commencement of the symptoms de
tailed in the hypothetical case. Ans.—
It would not change my opinion^
Cross Examined.—! would not change
my opinion if she had taken 6 drops 3
times a day up to the hour of sickness.
I have no interest in this case, my
sympathies are with the friends of the
defendant. I can give good reasons
wliy my opinion cannot he changed.
In chief. —According to my experi
ence, arsenic would not be accumulative
taken medicinally, Q. If the stomach
of patient had been impaired by over
dose, or by continued use of arsenic as
a medicine, how soon would stomach
give indication of its injurious effects,
and in what form ? ■ Ans. The stomach
would bo apt to reject that food very
soon. I wouldn’t expect, nor could I
reasonbly look for that food to remain in
stomach, having been ehton for break
fast, unlil evening, without having
produced any very unpleasant feeling
in cons equence, and then to burst forth
with such violent symptoms; and that
only after having taken a dose of
medicine. I wouldn’t expect to find
her with an appetite to eat such a meal,
if the arsenic had effected her stomach.
You don’t expect to find a strong
appetite in an initahlr, side stomach.
Cross Examined.- The effect of arsenic
depends entirely upon the doses in
whidi It is given. When given in
some dosesit will Irritate the stomach.
The tendency Is to produce irritation
of tho-storaaoh.—An-impaired-stomach.
could not have retained the food for so
long. I have made a partial post
mortem In a case of poisoning by ar
senic.
Dk. B. H. Band, re-called —Arsenic
is not accumulative in the human sys
tem— that is to say, when taken into
the system it is rapidly expelled by the
natural channels. It Is capable, when
long continued in small doses, of pro
ducing symptoms which have jbeen
called slow, or chronic poisoning by
arsenic. These differ froth those of acute
poisoning, which comes from taking a
large dose, or successive comparatively
large doses,- in almost every respect.—
This chronic poisoning has never, ns far
ns my knowledge goes, developed into
acute poisoning. Thesymptoms of chron
-ic poisoning are, first, loss of appetite,
emaciation, or. loss of flesh, breaking
out on the face or other parts of the
body, pufflness under tho eyes, occa
sionally symptoms like the ordinary
cold in the head, after which the feet
swell. At this point, tho attention of
the physician being called to tho state
of the case, the medicine is suspended,
and the patient gradually recovers. In
tho few fatal cases which are on record,
tho immediate symptoms are not re
corded ; but death seems to bo from a
general breaking down of the system.
The effect of an over dose, or long con
tinued use of arsenic, Is tp cause irri
tation of the stomach. A patient with
bio stomach would bo very un-
likely to take indigestible food, the
appetite would be exceedingly feeble,
and tho desire would bo for light liquid
food rather than solid, and if indigestl
ble food were swallowed, it would be
more promptly rejected from an irrita
ted stomach than from one in a healthy
condition. In average cases, thesesymp
toms would develop themselves in half
an hour or an hour after having swal
lowed the offensive substance. Oastro
I enteritis from arsenical poison would-be
more Intense than from natural causes.
TiftTie'caS'S'Dl'ncutß'indigestionj'Vonllf-
Ing is free and without burning pain—
the patient is relieved by vomiting.—
There is not extreme restlessness—the
patient, after vomiting, becomes quiet
and at esse for awhile—the thirst is not
so Intense, and liquids are retained.
The case of acute indigestion finally
yields readily to treatment, and is rare
ly fatal.' Albumen and fat are not crys
tallizablo—they do '"not crystalize
When I said in my letter to. Mr. Mag
laughlln that from the fact that a larger
proportionate amount of arsenic was
found in the liver.the arsenic must have
been given a considerable time before
death, I meant several hours, perhaps
four or five days, if the arsenic had been
in divided largo doses. I inferred from
the presence of absorbed arsenic, and
the comparatively small quantity of
arsenic found in'- the stomach ; and the
finding of absorbed arsenic .in all the
tissues examined except the heart—
that the case could not have been one
of rapid death from arsenic; and there
fore that the first dose, if more than one
had been given, or the single fatfcl dose
laid been given so long before death,
as,to allow the expulsion Of most of
it fro'hi the stomach, by vomiting
and purging, and its absorption by
the tissues. It is impossible, from'
mere chemical examination, to suggest
any exact period. Cases of death from
acute poisoning where only a single
dose, lias been given, are recorded, in
which death did not lake place until
after the twelfth tiny—in others again
death has occurred in five hours. The
ordinary arsenic comes generally in
powder of fine crystal. In this state it
adheres strongly to tho tissues of the
stomach. Being very slightly soluble
in water, at the temperature of the
stomach, it is sometimes found solid on
the coats of the stomach after death,
notwithstanding death has been prece
ded by violent vomiting and purging.
Arsenic taken in form of Fowler’s sol
ution passes out very rapidly from the
stomach, (The hypothetical case with
the addition was then put to the wit
ness.) I should say that death was
caused by a poisonous dose of arsenic,
administered in broken, large doses.—
I mean a large dose broken into smal
ler, but still poisonous doses, adminis
tered shortly before the acute symp
toms began, I received this bottle last
evening from a lady whose name was
mentioned to me as Mrs. Waltriek. I
tested it for arsenic. There is no ar
senic in it. It is not Fowler’s solution.
Cross Examined .—l did not tell Mr.
Shearer I didn’t consider myself a
medical expert. Ido consider myself
a praotici pg physician, but devote the
most of my time to my duties at the
College. I wish to explain three mis
takes and omissions in my previous
testimony. I confounded a letter of
Mr. Magiaughiin’s with one of Mr.
Sadler’s, and made a mistake in the
date, not having the letter by me. Mr.
Maglaughlin did write to mo in regard
to tho suggestion of medicinal admin
istration of arsenic, before my quanti
tive determination was done—but after
I had determined tho presence of ar
senic. A portion of the chlorate of po-
tassn used liad not been tested. Tlio
sulphuric acid had been tested ; and I
omitted to state, unintentionally, that
in one of the-sublimates from the liver
I found three "lobules of mercury, un
der the microscope. „
Mas. Henry Waltbick, sworn,—
On Wednesday, in Mrs. Kiehl’s yard,
Mrs. Finkey, Mrs. Thumma, Mary
Donor and I woro .together. Mis.
Finkey said to Mary Doner “ what do
yon think that is Sarah is throwing up,
it looks like poison f” Mary Doner
said “Oh, I don’t know.” I am a
cousin by marriage to the Donors.
John A. Fleming, recalled.— lcierk
in Mr. AI tick’s drug store in Sliippens,-
burg. Kiehl eamo to the store on Fri
day, March tUst, in the morning, . Ho
had in his hand a letter from Dr. Zit
zer, containing this, prescription. Th 3
letter directed him to got tho prescrip
tion at Mr. Altick’s store. I filled the
proscription. Tho prescription read—
“ Mrs. Kiehl, Mch. 20, 1871—B. Citraio
,of Iron two 'drachma, solution water G
ounces, add syrup Senna one ounce,
tincture sal) me J ounce—take largo tea
spoonful—every-four-hours-in—water
(Witness then produced a bottle con
taining a prescription like tho above.)
Tho prescription was a tonic and cath
artic.
David Wautrick— re-callcd— When
we were hauling hay I asked Kate ifshe
knew the talk concerning her and Kiehl.
I told her about Dougherty seeing them
at the lime kiln ; she deuled that; I toid
her they had better be on their guard!
and she said she had fold John to stay
from her, but he wouldn’t do it. This
conversation was at Henry Myers' barn.
Crosa Examined—Have not done any
thing against Kiehl but what I was ask
ed to do. I didn't advise John Kiehl to
run off; he aaked me for advice on Mon
day after hia wife was burled; I told him
if he was guilty he had better leave; and
if he was innocent ho should push Donor.
I heard Mrs. Kiehl said if she died sud
den, she would like to have something
done.
\V. F. Hokn— re-ealted— On Sunday
morning after Dr. Zfizer’s return from
California. I was called out of church,
and went to hia office, and gave him a
mixture of ether and chloroform; ho said
they will find arsenic; X gave her my
dyspepsia pills. I did during last winter,
make for Dr. Zilzer, some four hundred
and eighty pills which he said were his
dyspepsia pills. He called one yellow
Jackets, another dyspepsia pills, and a
third I don’t know what be called.
Cross Examined— The dyspepsia pills
contained arsenic. I didn’t tell Mr.
Shearer Dr. Zitzerbad not told me lie gave
her dyspepsia pills. Dr. Bixler told me a
gentleman named Flukes and some re
lation of his was present.
SAiionx. Fickes—sworn—On the Sun-
day after, Dr. Zitzer returned from Cali
fornia, I was at his office. I remember a
conversation concerning tbe death of
Mrs. Kiobl, but I don’t remember the
words; Dr. Blxlor, Mr. Peffer, Horn and
I were there. ■
Peter Noaker— stvorn— l live tills,
side of Bhlppensburg, a few miles; j mile
from Elebl. It was towards tbe last of
April I went, to John Klehl'a house; I
wanted to get john lo plow Or harrow.
I didn't find him at home ; Mrs. .Klehl
, was there; she was washing or making
ready to wash. I didn’t see Klehl after
that for several Clays’.
Mrs. Mary J. Noakbr — re-called —I
was at Klehl’a house; we stopped coming
from town; ho wasn’t at home. I think
it was oh Tuesday ; Mrs. Klehl was wash'
ing. It was near 18th of last April, as
near as I can tell; I didn’t try to fix this
day with David ivaltriok; I asked him
what day Kiehl went to Carlisle.
Books of Dr. Zitzer offered in evidence
by Comth., for the purpose of contra
dicting Dr. Zitzer, as showing that bo
gave a different kind of medicine from
that testified to by him ; ’and that the
medicine noted as given in his book
I would be the proper remedy for the dis
ease marked in the book. Objected to
that they do not contradict
mid the latter portion of the offer Is ir
relevant. Objection overruled, and de
fendant’s counsel except.
Dr; apex. Stewart, recalled— (Mod
ified hypothetical case put to witness) I
would not change my opinion as to a
polsnnous.dose of arsenic beingadminis
tered just prior to tier lastiliuess. In my
opinion arsenic administered medicinal
ly, in small doses, will not accumulate
in the system, butpassoff. Chlorosis is
a disease of the womb; the usual remedy
is iron in some of its preparations.
Cross Examined —X don’t pretend to
say how the arsenic was given. In a
large dose it might be thrown off by
vomiting. I have a patient to whom X
have been administering arsenic; six
grains and afterwasda eight drops. He
came to my office ; his face was swollen;
he complained he had lost bis appetite.
I directed him to discontinue it; he did
so, and in a week he returned; the swel
ling had subsided, and he had regained
his appetite. I don't think it would be
more likely to be found after death, il
taken in small doses than if taken in
large doses. In large doses a portion of
it would be more likely to be thrown up.
If taken in one or two large doses and
thrown up, you would be likely to find
some arsenic. I think the body ought to
be examined in such a'Cßso.
Dr. W. W. Nevin, recalled— (Modi
fied hypothetical case put to witness) It
would "not change my opinion that a
poisonous dose of arsenic had been ad
ministered. In my opinion arsenic is
not accumulative. I have never bad ex
perience in case of arsenical poisoning,
I would look upon the case referred to in
Taylor, in which one grain of arsenic
was found in urine four weeks after it
had been taken, as an exceptional
case; tho arsenic may have been accu
mulative in that case.
Db. W. H. IiONGSDOBP, recalled,—
Have beard the modified hypothetical
case. That would not change my opin
ion that a poisonous dose of arsenic had
been administered at or about the com
mencement of her last illness. Arsenic
is not accumulati vein medicinal or small
doses; In giving’ Fowler's solution in
medicinal. doses, the first indication of
having gone far enough with that treat
ment would be swelling beneath the
eyes; and if still oqntluued, in the same
or larger doses, the next effect would be
irritation of the stomach, loss of appetite,
If indigestible food had produced irrita
tion, then wou Id be no desire to oal solid
food, and the food would he ejected, or
if not ejected would not be there any
considerable length of time before it
would produce its effect.
Cross Examined,.— l never saw a case
of arsenical poisoning resulting in death.
There is no moibid appetite in gastritis
I consider Taylor on poisons an author
ity.
Db. A. J. Hkbm an, recoiled.— (Modi
fied hypothetical case put to witness.)—
That would not change my opinion.
Db. E B. Bbandt, recalled.—' The hy
pothetical case would not change my
opinion tiiat a poisonous dose of arsenic
was given at the time of her last illness.
It would not change my opinion, if in
February and March, an additional grain
of arsenic and 24 powders had been giv
en, one taken three times a day, and if
instead of 24 pills, 34 had been given.
Dn. S. B. Kieppeb— rc-catled— The
hypothetical case would not change
my opinion that death was occasioned by
a poisonous dose of arsenic. Arsenic is
not accumulative, in my opinion, in the
system ; crude arsenic might accumulate
in the bowels. Sometimes the effect of
jno large doses or too long continuance of
arsenic would depress tliTTtohe of - th"e
stomach—hence irritability of thatorgan,
loss of appetite, and an indisposition to
take strong and solid food. It would also
disqualify It from digesting that kind of
food. It,manifests itself by eruptions in
the skin or swelling, most generally un
der the eyes. I made a medico-legal ex
amination of the kidneys. Q If, in
addition to the amount of arsenic asset
forth in hypothetical case, there bad
ioen given in February and March, an
additional grain of arsenic, in 24 pow
ders—one to be taken three times a day
—and instead of 24 pills, as set forth in
hypothetical case, she had used 34 pills,
would it make any difference in your
opinion as to the cause of death? Ana,—
That would be from a month to six weeks
before death—it would not change my
opinion. I first exposed both kidneys by
dissecting the peritoneal covering from off
them. I then compared them as to size,
color and relative position. I then ex
amined them by touch, to discover their
texture; also the blood vessels which
supply them, and then removed them—
made a longitudual Incision through
the kidneys; looked at the Internal
structure; their cnvities, and then repeat
Ing those incisions, once or twice, and
finding nothing unusual, we declared
them healthy.
BEBUTTINQ EVIDENCE ON THE I-AIIT OF
De. P‘, H. Lono, re-called —l heard
part of Dr, Rand's testimony when iio
said chronic effect of arsenic cannot
merge into the acute. Iff have any rigid
to give an opinion, I choose to differ with
Prof. Rand, for the reason that the .very
first principle laid down; with n view to
its prospective effect, is that we fear the
CCM!
CARLISLE, PA., THURSDAY, DECEMBER 7, 1871.
DEFENSE.
evil of Irritation of stomach and bowels,
from Us known tendency, established
beyond a doubt, whether administered
by the mouth or by the hypodermic pro
cess, in the application to a wound, or in
any other way that it may be introduced
into the system, it has an inalienable
tendency to effect the mucous membrane
of the stomach an.d bowels; and our pre
cautionary advice always is, having that
•tendency-before.our'.,eyes, ,tfaat,,w,byuby,9l,.
it does develop its effects in that way,
wo omit the use of it, and hold over until
that subsides ; and if the first dose Ims
that tendency, the second and every
subsequent dose will only increase that
tendency; and our fear is that if con
tinued in tbs t constitutional prescription,
a full blaze of acute inflammation will bo
established. 1 confess I am at a loss to
indicate any middle point where that
tendency would stop off. I , understand
that Dr. Zitzer's prescription of arsenic
was with a view to Its constitutional ef
fects—the object being to remove the ov
arian difficulty. The prescription given
by Dr. Zitzer was a proper prescription
for that disease. Fowler's solution is giv
en in dyspepsia to improve the appetite;
and if given in two large a dose, Just in
proportion as it would Irritate the stom
ach, it would pervert the appetite.
Mns. M. A. Deeds, sworn—Am olster
of David Waltrick; reside in Shippens
burg. On Saturday morning, the daj r she
lay a corpse, I was going to take charge
of my mother, who was very poorly. I
stopped in to see the corpse, knowing
the reports of her being poisoned. I said,
“this is too bad, she ought to be opened
and examined,to satisfy Wal
trick said, “You keep quiet; we are going
to fake her up on Monday.” I said it
ought to be done before John. On Mon
day following, after Mr. KJehl was taken
to jail, he got to talking about Kiohl be
ing in jail. I vindicated Kiehl, I did not.
think the man was guilty. He said,
“ Mary, you don’t know everything ;
Snyder, Kiehl’s half brother, told me
down there that he was a liar, a murder
er and a thief.”
Catharine Myers,, recalled.—'The
bottle I saw her take medicine out of was
not as large as this—was about the size
of that bottle.
DR. Zixzbb, recalled.— 1 ! gave her the
Fowler’s.solution in a bottle like that.—
I gave it to her about 18th April. I don't
know where air. Shearer got the bottle.
Dr. Brandt, recalled. —l have never
known Fowler’s solution to spoil. It
contains potash, arsenic and water.
Here the evidence closed on both sides.
The Charge of Ibo Court,
John Kiehl, the prisoner at the bar, is
indicted for themurderof bis wife, Sarah
Kiehl, Tho crime of murder of the first
degree is punished with death. The case
submitted to yon involves the life of the
prisoner, and requires your very careful,
deliberate and serious consideration.
Murder at common law is, Where a
pferson of sound memory and discretion,
unlawfully kills any reasonable creature
in being, and in tho pence of the Com
monwealth, with naalice aforethought,
either express or implied. In Pennsyl
vania murder at common law is of two
kinds. Murder of the first and murder
of the second degree, The act of 1701,
re-enacted in 1800, provides—That ail
murders which shall be perpetrated by
moans ofpoison, or lying in wait, or by
any other kind of wilful, deliberate and
premeditated killing; or which shall be
committed in the perpetration, or attempt
to perpetrate any arson, rape, robbery or
burglary, stinil be deemed murder of the
first degree; and all other kinds of mur
der shall be deemed murder of the second
degree, and the Jury before whom any
person Indicted for murder shall be tried,
shall. if they find such person guilty
thereof, aacertain'in their verdict wheth
er it be murder of the first or second de
gree.
Manslaughter is the unlawful killing
of another without malice, either express
or implied. You will observe, from the
language of the act of Assembly which
I have read, that murder committed by
poison, wilfully administered, with in
tent to kill, is murder of the first degree.
It is necessarily wilful', deliberate and
premeditated, for the victim is appointed
and the means procured. The act is done
in pursuance of a deliberately formed
purpose. The distinguishing feature be
tween murder of the first and murder of
the second degree is : that to constitute
murder of the first degree there must be
an intention to kill—murderof theseeoud
degree is where there is no intention to.
kill, but death is caused in the commis
sion of an unlawful act—malice is im
plied from the unlawful nature of the
act. It may be committed by an unfor
tunate blow, given in (he heat of blood,
without intending to kill, but without
sufficient provocation to reduce the grade
of crime from murder to manslaughter.
Ido not consider the evidence in this
casc-would. Justify you in convicting the
prisoner of murder of the secomTdegree'
or of manslaughter. If the prisoner wil
fully administered poison to his deceased
wife, with intent to kill, and death was
the consequence, then he Is guilty of the
crime of murder of the first degree, and
it is your duty to say so by your verdict.
On the contrary, If no poison was ad
ministered by the prisoner, or if it was
given through accident or mistake, then
he is not guilty of any crime, and you
ought to acquit him.
From the evidence on part of Com
monwealth, it appears that the defendant
and his wife lived on a small farm owned
by the defendant near to Bhippensburg,
in the upper end of this county; that
Mrs. Klebl had been in delicate health,
and taking medicine from Dr. Zitzer, of
this town, for some time prior to 7th
May, 1671; on that day, which was Mon
day, she was at a neighbors, Mrs. Hoff
mans, about a fourth of a mile front
Kiebl's residence ; she came there be
tween one and' two, P. M., and left be
tween Sand 0 o’clock In the evening. At
that time, Mrs. Hoflman said she was
well, looked well, and was lively. Mrs.
Hodman next saw her between '7 and 8
o’clock ou Wednesday morning, when
she found her in bed very sick; that Mrs.
Kiehl told her, in presence of her hus
band,'(hat she (Mrs. Kiehl,) took sick
ou Sunday evening; that she thought
she could not live, and told John (her
huabanii) to go for the doctor, or do some
thing for her, as she thought she could
not live till morning ; that on Sunday
evening, after she went home, she was
up in bed, when Kiehl came homo and
called to her it she hud not taken her
medicine, and she said no; tha bestirred
, it up and brought it up, and made* her
I take it,, and after ahe had taken it'** it
1 made her so.slck ah© thought.she
> not live till morning; that it drawed hor
fairly double together, and made her vo
mit and purge; that ahe wanted John to
go for the doctor, but lie refused to go,
and ahe told him be would wait too long.
Mias Martha Culft soys ahe went to ace
Mrs. Kiehl on Monday evening before
she died, and found her very sick, and
whiie she was’ tVm
and told her it was time to lake one of
her powders. That she told him ahe
would take the drops but not the pow
ders, hut he Insisted on her taking the
powders, and went down stairs and came
up with something in a cup, .and she still
refused to take it; but he still insisted on
her taking it, and ahe took it; that this
wasaboutS o'clock,P. M., and ahethrew
up about five minutes after she took the
medicine,aud threw up 3 times while wit
ness was there in the course of about ai:
hour. Mrs.Kiehl died on Friday morning,
about 3 o’clock, and the witnesses who
were to aeo her from Monday until the
time of her death, describe her as com
plaining of great pain, that she thought
she would burn up, Buffered great pain
and burning in her stomach and throat,
asked frequently for water, and when
they would give it to her, would have to
throw up.
Dr. W. W. Kevin of Shlppeusburg
was called upon by Kiehl, husband of
deceased, on Tuesday, the 9th May to
prescribe for ilia wife, an d on Wednesday
10th visited her, in company with Dr.
Stewart. As the testimony of the at
tending physician is important, we will j
read it to the jury.
The court, here read to the jury the ev- I
ideuce of Dr. Kevin and Dr. Stewart. I
The deceaeed was buried on Saturday I
the 13th May and op the following Sat-i
urday the body was raised" and a p at I
mortem examination make by Doctors I
Kieffer and Longsdorf- Dr. Kiefler I
states that on examining the bowels I
they found inilamation extending along I
their entire course, uoj, uniform but in I
patches from one fourth inch square to I
large spots from seven to eight inches I
in surface. The stomach was not opened 1
but removed and placed ip a clean vessel 1
and a section of the small bowels placed I
with it. The liver, heart, bladder and I
stomach and a section of the small inles- I
tines, were put in jars and delivered to I
the coroner and by him sealed and ta- I
ken to Prof. Band, of Philadelphia, to be I 1
analized. I I
Prof.- Kand stated that he received $
iars from Mr. Smith, said to be the coro
ner, and Mr. Maglaugblin, containing
the stomach and a piece of the intestines
about 3 inches, the liver with the gall
bladder attached, the unopened heart
and the urinary bladder which hadlfeeen
opened and lost its contents; that he ex
amined all of these organs and found ar
senic in all except the heart; that the
test he used to determine the presence of
arsenic was that known as Reinsch’s.
Dr. iSand says he infers from the re
mains submitted to him and analyzed,
that a fatal dose hod been taken by the
person w-bose remains they were, and
that it must have been taken shortly be
fore death; be would say within five or
f six days or a week—more probably the
shorter than the longer period. Dr.
Rand also states that he received a small
wooden box from Mr. Sadler; this box,
from evidence, was probably the same j
that Mrs, Doner found in the cupboard
in Kiebl’a house; that on opening it, it
appeared to be scrapedout, but there was
a small quantity of powder sticking be
tween the sides and bottom of the box at
the seam ; that he cut the box In pieces
and boiled it in pure muriatic acid ami
obtained a deposit on copper foil from
which he obtained the sublimate in the
tube which he exhibited to the court and
jury, and eight sided crystals, showing
the presence of arsenic.
In addition to the evidence of those
who visited Mrs. Kiehl during 'her Inst
illness, the evidence of‘.the attending
I physicians, Doctors Nevfn and Stewart,
of Doctors Kieffcrami Longsdorf, who
I made the post mortem examination,
and of Dr. Rand who analyzed the stom
> ach, liver and bladder, the Common
wealth relies upon the conduct of Kiehl
in refusing to go for a-phyaician when re
quested by his wife and when she was
sutler Ing agonizing pain, as evidence of
guilt; and to establish a motive for the ,
murder of his wife, it is alleged ,
there was a Delilah in the efiso; that he
was enamored with Kate Myers, the
cousin of Mre. Kiehl, and that improper
and unbecoming familiarities between
the defendant and Miss Myers have been
proved on part of the Commonwealth.
In addition to the evidencoon part of the
Commonwealth; to which reference has
been made,two witnesses have been called
to prove the acknowledgments of Kiehl,
while In jail, that he purchased arsenic,
Simon Snyder says th
jail to'see Kiehl on tluVSunday on \Vliirh
he was arrested ; and In a conversation
with him, asked Kiehl if'ho knew what
he was In for. The prisoner replied he
did not, unless'they blamed him for pois
oning his woman. Witness then said to
him, "Did you get poison?" Kiehl said
he did—that he got poison In Carlisle for
the rats. Witness then said, “No, John,
you did not get poison for the rats, you
got it for your wife, didn’t you?" Pris
ioner made no answer, but commenced
to cry. Witness then said to him :
11 Didn't you get it for your woman ?”
He said yes. Fred'k Mentzer states that
he was in the jail about the midille.of
Juno and had a conversation with the
isoner, in which he said to him: “John,
is it true that you bought peison and
gave it to your wife ?” The prisoner re
plied that he did buy poison, but didn't
give It to her—he bought it for rats. In
connection with this evidence you will
remember that Snyder is contradicted
maternally by several witnesses as to
statements made about Kiehl the same
day. Sheriff Foremgn states that Ment
zor was under the influence of liquor
when he was in the Jail; and Samuel
Skelley says he considered Mentzer pret
ty well intoxicated when ho came into
the jail that day, and hardly thinks ho
knew what he was saying. Under these
circumstances, it is for the jury to soy
what credence they will give to the evi
dence of these witnesses.
As to (lie alleged improper familiari-
ties between the defendant and Kate
Myers, on the part of the defence, it is at
tempted to be palliated and excused by
the circumstances that Kale Myers was
the full cousin of Mrs. Kiehl; that Mrs.
VOL. 58.—N0. 26.
, Kiehl w«3 frequently too delicate to at
tend to her household duties, and con
sidered no one codld do her work so well
its’■Kate, ai>£
Klehi’s doing the work for her, It" was
generally at the request of Mrs. Kiehl,
and that some of the conductor defen
dant coui|Mained of ns Improper and cen
surable, was in the presence of his wife,
and excited no jealousy on her part.
As to'the chemical analysis made by
iDr-Rand.U is alleged.hy.the,,dß(mv.e that.
It was not sufficiently exhaustive to as-"
certain with positive and unerring cer
tainly the presence of arsenic. At this
Professors Rodgers and Reese slate that
the test used by Dr. Rand to discover tire
presence of arsenic (Reluch’s) is an ap
proved teat. In their opinion, Dr. Rand
erred in confining b|s analysis to but one
process for testing the presence of arsen
ic in a - medico-legal investigation. Dr.
Reese, in addition to the Rcinch teat,
mentions the Marsh lest, the liquid lest’
sulphureted-hydrogen teat, the reduction
test. These additional tests or some of
them Professors Rodgers and Reese con
sider ought to have boon applied before
a chemist could pronounce positively
that arsenic was present, upon this
evidence the defence contend that there;
ia no satisfactory proof that arsenic was
found hv Dr. Rand in the organs sub
mitted to him for analysis. But even ad
mitting that arsenic wan found by Dr;
Rand, it ia further Insisted by the de
fense that its presence has been satisfac
torily accounted for, consistently with
the i.nuocenee of the prisoner.
Dr. Zitzer, of this town, states that
Mrs. Kiehl had been under his treat
ment from the January preceding her
death. That during February, March
and April, he had given her- arsenical
pills, powders and Fowler's solution-,
containing in all about 10 grains of ar
senic; that tile arsenic thus-medicinally
administered may have remained in her
system, ami been discovered in the analy
sis made by Dr. Rand. Whether arsenic
ia accumulative, and when administered
in medioinal'doseSjWiii remain in the sys
tem a considerable time; ia a question
about which the medical experts exam
ined in this case disagreed.
As to the wooden box of which Doctor
Rand speaks, which he got from Mr. Sad
ler, and which it is alleged is the same
box-Mrs.Donorgot in theoupboardatK’s,
and which Dr. Rand out in pieces and
boiled in pure muriatic acid and found
that arsenic was present, you have
heard the theory of the defense by which
it is alleged this may he accounted for, if
arsenic was actually found in the box by
Doctor Hand. The hypothesis of the de
fense is that Dr. Zitzer having been ad
ministering Fowler’s solution and Doctor
Blxier, in the absence of Doctor Zitzer,
having given Mrs. Kiehl Rochelle salts
in a wooden box, the same found in the
cupboard, and the box and solution being
in the same cupboard, a drop of the solu
tion, in some way, getting upon the lid
of the box, would produce the results
described by Dr. Rand; Drs. Rodgers
and Reese describe the analysis of the
lid of a similar small wooden box on
which they had placed 1-10 of a drop of
Fowler’s solution equal to or containing
1-1200 part of a grain of arsenic, and after
using Reinsch’s test, the same used by
Dr. Rand, discovered the presence of ar.
sente.
The defendants counsel further rely
upon the conduct of the prisoner during
the sickness of his wife, as evidence of
his Innocence; that ho was kind and at
tentive to her ori her death bod, supplied
what was necessary to her comfort, aud
exhibited evidences of grief and sorrow
at her, suffering condition. The com
monwealth on the other hand allege
that the feelings exhibited were assumed
to'cover up the depravity of his conduct
and.avoid suspicion.
On part of Commonwealth a hypothet
ical case has been presented to several of
the medical witnesses and the opinion of
the witnesses asked as to (lie cause of
death. This hypothetical case the com
mnnwealth.counsel allege embodies facts
proved in this case. Whether the facts
embodied in (he hypothetical case are
proved to have existed in this case is a
question for thejuryjfor when the opinion
of a physician is asked upon a hypothet
ical case, it is for the jury to say whe
ther the facts and circumslances stated
in the hypothetical case are proved.to
have existed in the case trying, and if
any fact or circumstance is stated, that
is not proved, or if the witness states any
(net upon which his opinion is based,
which is not proved to have existed in
the case on tiial ; that it is the duly of
the jury to rejest the answer of the
witness entirely.
The evidence in this case is circum
stantial aud not positive, and an opinion
is entertained by some that no oiieought
to he convicted of a capital crime on.cir
urastantiai evidence. This op inion is
erroneous. Circumstantial evidence may
-he-qulie-aa-satisfaetorv and convincing;
and in some cases more so than positive
evidence. Where a chain of facta are
sworn to by a number of witnesses of un
doubted credibility, pointing with nner
ing certainty to the guilt of the accused
aud irreconcilable with auy reasonable
hypothesis of iunoeencejthis may he more
satisfactory thau the evidence of two or
three witnesses of doubtful character,
who swear positively to facta about which
.they may be mistaken, or designedly
misrepresent the truth.
Jurors sometimes entertain the opinion
that when they are acting under the sol
emnity of an oath, they are privileged to
doubt, although they would entertain no
doubt as men. Butyou are not at liberty
to disbelieve as jurors, if you believe as
men; that is, your oath does not require
you to doubt, where no doubt would be
entertained if no oath had been admin-
isters
To justify a conviction In a criminal
case, the evidence muatsatisfy the minds
of the Jury to a moral certainly, and be
yond a reasonable doubt of the prisoner's
guilt. A doubt, to work an acquittal,
must be serious and substantial, not the
mere probability of a doubt. A reason
able doubt is that slateof the case which,
after a comparison of all the evidence,
leaves the minds of the Jurors In that
condition that they cannot say they feel,
an abiding conviction, to a moral cer
tainty, of the prisoner's guilt. When all
tire fads on both sides have been fully
examined, anil every effort made to as
certain their precise character and bear
ing,any reasonable doubt,finally and per
manently remaining on the mind, from
whatever cause, will justify the Jury l n
ftcttes for 3.&ucrrtoinQ.
I ADyznTisEirmrTSwJll bomserted atT«n Conti
I per line for the first Insertion, arid fiye cents
I per lino/or each subsequent insertion. Qnar-
I torly, half-yearly, and yearly advertisements In
ertea at a liberal redaction on the above rates.
Advertisements should, be accompanied by the
Cash. When sent without any length ol lima
specified for publication, they will be continued
'ttntliordered out and onarged Accordingly
JOB PRINTING; .
Cards, Handbizils. OtbctoiiAbs, and every elk
_dosQrlpt!on of Jon and Cars* Printing.
SS?- 10 ? the ' r nssent to a verdict of
too mom^o^w® 1181 “ ,so be
Is n stuff, nr trU . B “ m ™> certainty"
has been ealcl T eDt!> ' hnpression. which
than defined m ° re conceived
hy an eminent iorist .’a"
pression nr o 9t A state of im
pression, produced bv facta In —v,
oruece?gUy n to a o t° 619 “ 80rt of “"“foo
avobti ,D , 0 ’ “°“ l,y »P® a k4i ho
thetru Wlth adber ~
the . A PP'i’ lQ ? this definition to
piecent case—-lias the evidence nro
of Tho S n« 8,1 I ® pre ' 9BioD oa y™C •»!«*
of ti e prlsioner e guilt, that you frel a
to fh °i", ° r '’ eCßa,lty regti P» «Pou yon
find him guilty, which you cannot
tTth o°f Q t n h l9lently WUb aiiht ‘ re ' ,co to the
truth of th e case as developed by the ev
duepd 6 ’ If r ,CU im P reas! ? n has been pro
; ■ ;; f m V you bav « »*-two ß .M.'
oubt Of the prisoner’s guilt, it
■n <v°n?M ril,Uy l ° find ' a ver,lict
b l rMU . BCOntrary ’ if f h® evidence
bus failed 10 make such an impression
°u -vour mind.; (f you 4o«*L"h»"
adherence to the truth of the case requires
a conviction, or if, after you have fully
examined all the facts of the caaeon both
sides to ascertain their precise character
and bearing, any reasonable doubt of Ih6
prisoner’s guilt, finally and permanent
ly remains on your mind, then it will be
your duty to render a verdict of not
guilty.
IUo Prisoner is uot required to prove
ms Innocence, The law presumes every
men innoceut until guilt is proven by
tbe evidence on the part of the Common
wealth. '
Tim burden of proof is upon the Com
mon wealth to satisfy you of the prison
er’s guilt. Permit no prejudice, partial
ity or anticipation of the consequences
Mvhich may result from a conviction, to
bias your minds or Influence your judg
ments., Determine the innocence or
guilt 01 the prisoner (rom a careful and
deliberate consideration of tbe evidence,
and from that alone. It is the duty of
tbe Court to state the law. . Tbe facts are
exclusively lor the jury; and we will not
interfere with the exclusive duty of tbe
jury by intimating any opinion os to the
guilt or innocence of the defendant. His
innocence orguilt is for you to determine.
This solemn duty the law imposes upon
you, and we doubt not you will perforin
it honestly and conscientiously.
THE VERDICT.
The jury went out at half past five, on
Thursday afternoon, and about fifteen
minutes after 10 o’clock the same night,
the Coun House bell rang, the signal
that they had agreed upon their verdict.
The Court Hall was soon filled to over
flowing. The prisoner was brought In,
and the Clerk arose, amidst silence; and
asked,—"Gentlemen of the Jury, do you
find 'John Kiehl guilty of theunurder
and felony wherewith he is charged, or
not guilty ?” After a moment’s pause
Jacob Heniminger, the foreman of the
jury, replied: “Not guilty!” and as the
words were uttered, a burst of applause
went up from the audience, evincing the
I fact that the verdict mot popular appro-
I bation.
Advice op An Old Lady.— “Now
John, listen to me, for I am older than
you. Never do you marry a young wo
man, John, before you have contrived to
happen at the house where she lives at
least four or five times before breakfast.
You should take notice whether her com
plexion is the same in the morning as it
is in the evening, or whether the wash
and towel have robbed her of her evening
bloom. You should take care to surprise
Ijer ao that you can see her morning
dress, and observe how her hair looko
wheu sheds not expecting you. If possi
ble, you should be where you could hear
the morning conversation between her
and her mother. If she is ill-natured and
snappish to her mother, so she will bo to
you, depend upon it. But if you And her
up and dressed neatly in the morning,
with the same countenance aud same
smiles, the same neatly combed hair, the
same steady aud pleasant answer to her
mother, which characterized her deport
ment in the evening, and particularly if
she is leudiug a hand to get the breakfast
ready in good season, she is a prize; John,
and the sooner you secure her to yourself
tiie better.”
Too Nippy.—A young man from Ken-
tucky, who undertook to open a country
store iu the mountains of East Tennes
see, came to speedy ruin because he was
“too nippy” for that region. He wore a
stovepipe hat, had his boots blacked eacli
day, aud mounted a fresh paper collar
every morning, all of which served to
disgust the natives, who said he put on
too much Kentucky blue grass society
style for them. But stilt he was endured
until the women learned that he had
Ii
That they could notand would not stand
and when the fair sex turned against
him all further struggles against fate be
comes useless. The youug man's stock
to trade was disposed of by the sheriff.
A CamporniaJoke.— The “Occasion
al Notes” column of H. W. Beecher's
Christian Union has this bit:"
“Mary's Little Lamb” and the venera
ble editor of the New York Tribune ore
both regarded as fair subjects for all the
witlings of the land to flesh their maiden
pens upon; though both are worthy of
better treatment than to be thus tormen
ted. The latest instance, taken from a
heaven-forsaken corner of a California
paper, is calculated to arouse the sternest
resistance in our noble nature. It is as
follows :
“.Alary had a little iamb,
it drank cord water freely,
Ami looked so Innocently wise.
BUo called It Horace Greeley.”
Eour.n on the Lawyer.— An emi
nent judge used to say that, in his opin
ion, the very best thing ever said by a
witness to a counsel was the reply given
to Missing, the barrister, at the time
leader of his circuit. He was defending
l\ prisoner charged with stealing a don
key. The pioaecutorhad left the‘aulmal
tied up to a gate, and when he returned
it was gone. Missing was very severe in
his examination of the witness. “Poyou "
mean to say, witness, the donkey was
stolon from the gate?" I mean to say,
air, giving the judgo-aud then thejurya
sly look., “the ass was. Missing.”
A Quack dish—Boast duck.
- ft
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