y 't- TV J
3 ftlS s
BY S. J. ROW.
CLEARFIELD, PA., WEDNESDAY, JANUARY 23, 1867.
VOL. 13.-NO. 20.
i
TBUL OF MRS. LENA MILLER,
CHAROBD WITH
Poisoning her Husband, Xavier Miller.
IS TBI COURT T OT KB AS3 TERXIXBR or
CLEABriBLD COtTSTT.
Before Hie Honor, Judge Linn.
On Tuesday, Jan. 15th, 1867, Mrs. Lena
Miller was arraigned in the Court of Oyer
and Terminer of Clearfield county, charged
with the murder of her husband, Xavier
31 Uler, of French ville, in the month of July,
jS66. Wm. M. M'Cullough, District At
torney, and IT. U. Swoope, Esq., appeared
for the Commonwealth, and J. Ii. M'Enal
y, Wm. A. Wallace, Thos. J. M'Cullough,
in'd Wm. D. Bigler, Esquires, for the priso
ner. The panel having been exhausted,
the Court directed the Sheriff to close the
doors and select names from the crowd of
spectators. Finally, the following Jurors
were chosen and sworn :
David M'Crackin, Wm. T. Thompson,
James Cook,
.Nelson Young,
Joseph 1'. Jordan,
Othello Smead,
James Itiddle,
John W. Wright.
David Keanis,
James Weaver,
Geo. J. Weaver,
Thomas Long,
The prisoner is over medium size, has
dark hazel eys, somewhat sunken, aquiline
box, forehead slightly receding, rather high
cheek bones, thin lips; and appeared either
not to realize, or was indifferent to her situ
I ation and the magnitude of the crime with
I ivhich she was accused.
I After a clear and concise opening of the
I case by Distriet Attorney M'Cullough,
j Alex. Conway was called and swarn : I
I knew Xavier Miller. He was the husband
J of the prisoner at the bar. They .lived in
J Covington township, Clearfield county. On
i Saturday the 30th of June last Xavier Mil-
I Itr and myself came together from the
J Horse-Shoe, near-Karthaus. I came with
him to his house. It was about noon, lie
appeared to be well in good health. I was,
1 about a week, after, sent for Doctor Litz
"S 1IM i . 1 r 1 T
1 i tien l came irom tne neiu. wnere l was
I plowing, my father sent me for Dr. Litz.
I Cross-examined. The Horse-Shoe in a
3 bout 7 or 8 miles from Xavier Miller's hmisf
i We came in a waa-on. Left arlv in thft
morning, x liey were eating dinner when 1
cot home. Xavier Miller eat breakfast with
nie that morning. We had been working
n timber at the Horse-Shoe. Miller got
wet, as tne balance or us, when a shower
came up. Me laid Out one night. He bit
in Indian turnip in two, but spit it out
:nigbt have swallowed some juice. It bit
his mouth. Tom Lowry and I were down
cutting a road out, when Tom told me those
were Indian turnips, but I said I did not be
lieve they were. So when Joe (Miller) came
up to us, l asked him it they were turnips,
lie said he belived they were, tor he "had
pulled many a one along the River. lie then
pulled one up and took two small bites off
the same. Miller was at the Horse-Shoe
five nights. Slept in same shanty, had bed
clothing. It rained nearly every day, shan
ty leaked at some places, the clothing we
wore got wet. 1 live less than half a mile
from Millers. My father told me Mr. Mil
lar wife had been down and wanted some
one of us to go for the Doctor that Joe was
'ck. The Doctor sent some medicine with
me. don't know what it was. Xavier Mil
ler didn't complain to me of being unwell
the day we came home. Don't recollect that
1 told Dr. Litz anything about what ailed
him. Might have told him what some of
the r;st told me.
I rent to the same place where I got the
first 'turnip, and got another, which I cave
t.i you (Mr. Swoope) and you handed it to a
l'octor l llson). It is the same kind of a
turnip. We were all exnnsad alike. Nei
ther Lowry nor I got sick. Miller was a pret
ty roou chunk or a man. lie was healthy,
didn't complain of being sick down there.
Da. T. J. Litz, sworn. I was sent to go
and see Xavier Miller on the 9th day of Ju
ly. Went -on the morning of the 10th.
Found him with what I thought was inflam
mation of the stomach suffering from
pain in the region of the stomach. In Mrs.
iMiller's presence, Mr. Miller told Ane he
had vomited everything out of his stomach.
Found him suffering from thirst, his tongue
and mouth were redf and inflamed, his eyes
were suffused, red and watery, he had a wi
ry pulse a thread-like pulsa. I sent with
Conwav's son 10 irrains of calomel. When
I went over myself I left him a solution of
morphia don t think I left him any other
medicine. I had the solution one grain sul
phate of morphia to one ounce of water-
one tea-spoonful every two hours. Saw him
next on the 12th of July. He was much
worse. Symptoms same as before, but
more aggravated. His eyes were blood
shot, his countenance wore a pinched ex
pressionit was anxious. His mouth and
tonguo much more inflamed, ulcers and blis
ters on same. To use his own expression,
ne said he felt as if he had a red-hot iron in
his stomach. Had extreme thirst, had fre
quent calls to go out, insisted upon going
out himself, and objected to using a cham
ber. He appeared like a very strong man
would get up and go for water, whilst under
the influence of these symptoms. He had
an unusually strong constitution. I was led
t remark to some one present that he ap
peared very strong. I left him a solution of
sulphate of morphia and citrate of potassa,
adding sweet spirits of nitre. Left him a
JJover s powder to give him at bed time, as
he had complained of want of rest. I did
wt direct any medicine containing arsenic
w be administered at any time. I asked
him about eating the Indian turnip. He
said he had only taken a couple of bites, but
said he had spit them out He was suffer
under acute gastritis. Placed a blister
jer the abdomen. It was in the forenoon
J the 12th. I was there between 11 and 12
9 dock- His face was very red on first vis
it, had the appearance of a man taking the
measles.
Cross-examined. I asked Conway how
Mr. Miller acted. He said he had vomited
had been exposed a good deal, had taken
tnis arum internally. Told him 1 would be
there next morning. Told him to give him
the calomel and follow it after four hours
with oil. Miller didn't tell me that expo
sure was the cause of his disease said he
was all right but his stomach. I inquired
of him how he got sick don't remember his
answers. Had intended leaving him an
emetic on the 10th, but did not when he told
me he had vomited. Attributed the gas
tritis to an irritant, but did not know what
the irritant might be, but taking that with
the exposure did not suspect the presence
of poison. Told me he had been sick since
he came home from the place where he had
been working with Conway. He was able
to go out all the time I was attending him
not able to work.
I am a graduate of Jefferson College,
Philadelphia. Graduated in the winter of
1861-C2; practiced before that between lec
tures.
Lawrence Flood, Sworn I am a brother-in-
law of Xavier Miller married hia sister. Lived
a little over half a mile from his house. The
prisoner is bis wife. On the night of the 11th
of July was the first time I saw Miller after he
took sick. I wns in bed at home when Daniel
Mowry came and told me " Joe" Miller whs very
baa ana might die. I went with una to Miller s
place found Miller sick in bed he reached me
ms nana ana 1 sbooK hands with him told me
he thought he wouldn't live nsked him what he
most complained of told me he was burning up
asked bim what made him think so said he
felt as though he had a red-hot iron in him from
his mouthy to his stomach Shortly after he
wanted to get up and go out helped him up and
he did go out. Laid him in bed again. He went
out the second time. Staid in the room with him
the whole night. lie waa rolling and pitching
from one side of the bed to the other all night.
Made no effort to vomit that I recollect Went
out with him twice. He seemed to be thirsty
the womon gave him water. Didn't go home un
til about two o'clock the next day until after
Dr. Litz left. He seemed to be getting worse all
this time I was lot there when he died.
Cross-examined Went to Miller's about 9
o'clock. His feet were as cold as a stone I put
on him another pair of stockings and wrapped
tbem up. This wasafter midnight. JacobMowry,
bis son Daniel Mowry, Alexander Conway. Mrs
Bonner and Mrs. Miller were there also. They
were the only persons who were there that night
The next day I was there, ray wife, his wife, Mrs.
Conway and Mrs. Luti, I thine. The women
went to the kitchen for the water they gave Miller.
Mrs Conway, Mrs. Lutz, my wife, and I think
Mr. Conway and Mrs. Jacob Mowry. came some
time in the forenoon. Mrs. Miller didn't attend
to him during the after part of the night don't
know whether she did or not in the forepart of
the night. Dr. Lit eame between 11 and 12
o'oIock in the forenoon. Can't mind to whom the
Dr. handed the medicines. He left a powder to
be given at 7 o'clock in the evening, if he didn't
get better, and a blister for his breast. I asked
him, in the presence of the Doctor, about the In
Uian turnip. He showed how much he bad bitten
off, but said he had spit it out. Mrs. Miller rd
mained in the room until she went to bed, some
time after supper, about 9 o'clock. There was
only one room down stairs. Mrs. Miller gave
him tea or coffee in the morning. This was soine
time in the forenoon. She had made one bed and
put him in the other before she did this. Don't,
recollect whether there were any other women
present at that time tbey came sometime befoie
Doctor Lit came. I was there all the time the
Doctor was. No person was there when I left
but Daniel Mowry and he was asleep on the hay
mow. 4Cavier told me to call him up to harrow
the buckwheat. Mrs. Milier said she would call
him.
Brice Coxwir, sworn. First saw Miller, after
he took sick, on Sunday before he died, the 8th
day of July His appearance most frightened
me, be was of a dark red color. I asked him
what his complaint was. He told me that on
Saturday, a week before that time, that he eame
home from hauling timber, that he went out and
plowed until supper time, that after he eame in
and eat his supper, he took very 'sick, took to
vomiting, that he went out to the spring to drink
water but that he could not be satisfied. He was
bad, very bad, when I saw him on Sunday. He
had been vomiting all the time. He was very red
in the face dark red, unnatural eolor. Said he
was all the time burning up, sometimes one min
ute in bed. the next minute perhaps on the floor.
I told him : Mr. Miller I will send for a Doctor.
He said, don't until to-morrow, and if I ain't
better I'll send you word, and he did send me
word and I sent for tke Doctor. On the nigbt of
the 11th of July I next saw him ; he was lving on
the bed, on the broad of his back, and working
as though he had the death-rattles as persons do
when they are about to die. I said you are in a
Daa condition, nadn tl better send tor a Doctor f
The reply was there was no use, he was burning
up and would die. The difficulty appeared to be
an in his throat and breast. 1 did. send for Dr.
Potter, he didn't come Miller didn't vomit anv
on this occasion. He was not ono minute at a
time in the same place
Cross-examined. He sent word to me bv his
B-ifn rtn.riA 1 1 . t 1A ' 1 1. CU ...1.1 .
Joe wanted me to go for the Doctor. She didn
say he was worse, didn't say anything about it.
When my son came in to dinner I told him to eo
r -1 . t 1 i , 0
ior ine doctor ana ne went airs. Conner, Mrs.
Lute, Jacob Mowry, Alexander, my son, Daniel
Mowry and Margery Lutz and Mrs. Pretett. I
think, were there on the evening of the 11th. after
dark. 1 sent Jacon aiowry s son for Mrs.
Mrs. Bonner. Mrs Lutz and Mrs. Pretett appeared
to be attending op bim. making tea. I was there
about two hours that evening. Saw Mrs. Miller
there. She was helping at the work in the kitch
en. Ibere is a room and a kitchen down stairs.
It is an old fashioned story-and-a-half house.
Court adjourned nntu 9 o clock next morning.
"Wednesday's Proceedings.
Court re-convened at 9 o'clock. A M.
John Boxser. sworn I first saw Xavier Miiler
on the 11th of July about noon, after he return
ed home. Went to plow for him. Saw him when
went to Ret my dinner. Looked into the room,
and thought he was sleeping. Mrs. Miller said.
no, he is not sleeping, we tooK dinner Deiore i
saw him; after dinner I went into hU room. I'
asked him what was the matter with him. He
said he had been very bad sick, but that he was
getting better, and hoped that he would get over
it, that he would get well again. I asked him
what could be the cause of his sickness. Then
went outside of the house and waited until the
heat of the day was over. At about three o'clock
went back to plow, and worked on until they
called me to supper. Mrs. Miller told me. after
dinner, that she had to go to the store. Did not
see her about the house until called to supper.
Frederick Hartline was with me. It was about
five o'clock when we came in for supper. Hart
line had got through with his part of the work
and gone home before I went in to supper. After
I took supper, looked into tbo reom and saw Mil
ler. I went in and seen him, he was about same
a at noon, didn't complain of being any worse.
Didn't stay long, but went out to plow at quick
as I could after supper. Left Mrs. Miller at the
house. I suppose I plowed about an hour after
suppor. When I came back Mr. Miller was out-
side the house lying on the grass. I asked bim
why be was out in the shade on the gra-s He
said, my God! I can't stand it in the house, it
win Durn me np. un, he was very sick, rolling
ud iu grass irom one side to the other, in is
was a little before sun down on the 11th of July.
He had his clothing open, said he couldn't stand
it in the house. I told the little girl to bring him
oui a .quui so mat ne wouldn t lay on the gratis
l pm tuy nana on nig ioreneaa; it was cold as a
stone. I advised him to take a dose of castor oil
to cool up his body. Then Mrs Miller brought
out a tea-cup with a little bit of castor oil. 1 told
her it was not enough, that she should give him
more There was not over a table-spoonful such
a spoon as you eat soup with. She said, yes it is
enough; I bad given him a dose before. Hetook
the castor oil and she gave him a teaspoonful of
sugar after it. I seen that he suffered so much
and considered him in such a dangerous state,
that I offered myself to go for the priest. Miller
said no, you had been working all day and are
tired enough, wait till to-morrow morning. I had
to go home, but asked him whether I should come
back, and stay all night with him. He said I
needed rest. I then told him I wonld send my
wife over if he wanted it. Mrs. Miller said she
wouldn't stay with him herself that night; that
if I or my wife didn't come, she would have to
call in some of the other neighbors. thatsho would
not stay herself as he was going to die that night.
I then hurried on home, and my wife went over
Miller's words were. "My God, my 'nsides will
burn me up ! I'm so sick."
Cross-examined. The conversation was carried
on in German Spoke a few words with Miller
after I came borne to supper. There was no oth
er person but his family and myself about the
house al ter supper until I left. The children were
about the house. The conversation was loud
enough so that Millercould hear it. Miller spoke
the German language likel do. We did not coma
from Germany. Mrs. Miller spoke German also.
That was the only language that was used when
I was there. Miller, at the time he was rolling
on the gross, was exclaiming. Oh, my God ! Oh,
my God ! I'm sick, and all such words I thought
he might die that niht I proposed only once
to go for the priest. I was there about ten min
utes. Vt ben 1 proposed to go for the priest, be
said I was tired and should wait till morning
when he would see. It is about three miles irom
Miller's to the priest's. Miller, at noon, told me
he had sent tor a Doctor some days before. .There
was nothing said in the evening about sending
tor a doctor.
Mits Aim Maria Pretbtt.. sworn. I knew
Xavier Miller. The prisoner is his wife. I went
to Miller's house about dark on the llth of July.
Mrs. Miller was there. Mr. Miller appeared to
be very sick. I staid there all night. Mrs Bon
ner was there helping me that night. Miller
complained of a burning ia bis stomach, said he
would burn up ; he was very thirsty ; I gave him
water frequently ; don t mind of Mrs. liouuer giv
ing him a drink. I gave him a powder. Mrs.
Miller took the powder off tbe cupboard and put
it into a cup. mixed with sugar and water, and
I gave it to him. Don't remember whether it
was before or after midnight. The powder was
of a whitish color She said she got it from Dr.
Lltx. Miller went out with Mr. Hood ; he want
ed to go out. I staid until after dayligbC left
between 7 and 8 o'clock. I gave him nothing but
the powder and water during the night. 1 did
not see him again before be died.
Ciois-eTamnie.d. Gave him water several
tunes She too the powder off tbe cupboard in
the kitchen. Some one remarked that it was
time he bad his medicine, when I walked out in
to the kitchen and asked her where it was, when
she said she would get it. Mr. Flood. Mr. Jacob
Mowry. and bis son Daniel, were there. 1 don t
know tliitt be vomited, lbe powder was a small
do c ot very large It was a whitish powder,
not as white as flour. Didn't hear them say what
it was. Don't remember whether the light they
bad waa a lamp or a candle. That was all tbe
medicine I know ot him getting during the night.
Mrs BLOsnisA Bonner, sworn. I was a neigh
bor of Miller's. We live distant between half a
mile and a mile. I saw him on the 10th of July,
it was Tuesday, it wis early. 1 was on my way
home from a neighbor s Heard he was sick and
stopped in to see him. He was sick, said he
thought he wonld get better in a short time. Next
saw him about 1 1 o ciock tne next day, Wednes
day. He said he felt better. Saw him again
about 1 o'clock the afternoon of the same day.
In the morning took him half a eup of honey.
and in the afternoon stopped in for the eup He
was lying on tbe bed quiet, with his lace against
the wall. Mrs. Miller was not there. I said to
him, Joe, you are sleeping ? No, he said, I'm not
sleeping but feel easier. Then I went home. My
man eame home and sent me over to Miller s that
evening, about eandle light. Mrs. Pretett and I
went together. He was then very sick. 1 was
astonisaed to find him so bad, couldn't believe it
when my husband toM me. I staid there that
night and helped to take care of him. He was
getting; worse every minute. He was restless.
would get out ot one bed into the other, would
fet on a chair.then on the floor. He said he was
urning up. His head, feet and hands were cold.
I He wanted to drink every few minutes. I first
j gave him tea to drink. It was on the stove plate,
i it was made when I came there. There was some
coffee there too. Gave bim two drinks of the oof-
fee, llis face was dark red and swelled up. He
got one powder during the night; It was given
by Mrs. Miller and Mrs. Pretett; Mrs.
Miller put it in the oup and Mrs. Pretett
gave it to bim No medicine was given hiia that
night out of a bottle. No oil was given him. He
went out doors twice with Mr Flood. Didn't see
the powder. He put his tongue out, his mouth
and lips were black. I left before daylight. I
saw bim ag.tin that afternoon between one and
two o'clock ; the priest wan there. He died an
hour or so after I got there. The priest was pre
paring him for death. He was very bad. He
couldn't stand it in (he bed, couldn't stand 'it no
place, jhe was burning up all the time He was
thirsty; gave him water three times while I was
there. I left Mrs. Pretett, Daniel Mowry and Mr.
Flood there.
Cross-examined ' . He was in bed when I saw
him on Tuesday morning, and also at 1 o'clock
of the 8am e day. The tea and coffee were in the
Kitchen. The powder was taKen from the cup
board or the clocK in the bed-room. The light
was not very good, it was a candle light, it was
dim. Light only in the room, except when the
persons there were eating a piece. Miller's fam
ily consisted of three children, two boys and one
girl ; Mary was about 12 years old last Christmas,
one of the boys will be about 10 next April, and
the other was 4 years old on Christmas day.
Rev. John Bebbigier, sworn. I am a Catholic
Friest in charge of the Frenchville congregation
was called upon to visit Xavier Miller on Thurs
day, the 12th day of July. I got there a few
minutes before 1 o'clocs. Mr. Miller stated that
he thought he was going to die, he suffered very
much. He complained about his stomach. I in
quired how d angerous be was. I deemed it nec
essary to prepare him for death. Didn't thine
he could live long. -
Jacob Mowbv, sworn. Saw Xavier Miller on
Saturday, the 7th of July. I was out grubbing
when he came to me and sat down beside a tree.
He asKed me whether I could not let one of my
sons go and plow for bim as he was sicK. He
vomited whilst he was sitting there, be said it
nained bim so when he vomited, it burned him.
He walKed away a few rods, then sat down and
commenced vomiting again. I went to Millers
on the Sabbath. He was on the bed, said he was
a little better, not much. Was there about an
him, Kurt saw him the niirht before he died.
On the day he died I staid there until about 13 I
o cIook. He was in a Dad condition, ne was iou-
ing and tumblintr around, complained that his in -
sides were burning, his fac e was swelled, his
bands and feat nl.l aaid bis breast was all
inflamed, his tongue was a Kind of blue blacK.
color, it was swelled.
Cruss-txamtHs-d . Dind't complain of his throat.
It is a little over half a mile from Miller's to my
place. It was in the morning early when he
came over to see me. He started towards home,
don t Know how long it tooK him. Saw him vom
it twice that dav. Didn't see him vomit on the
night of the 11th or on the 12th. Didn't see him
straining much. Was in the room, but didn't at
tend to him Told him to show his tongue.
Dasiel Mowry, sworn. I went after Dr. Liti
in the forenoon ol the day on which Miller died,
eame bacx and went to harrowing after dinner,
for Miller, in a field in sight of the house. Hadn't
harrowed more tban half an hour when Mrs.
Miller came out and hollowed for me to come
down. I went to the house Mr. Miller was lying
on the porch. When I went to picK him up. be
said. - Oh, Dan!'.' That was the last word he
spoKe. I picked hira up and tried to carry bim
in; told Mrs. Miller twice totaKehold of his legs
and help me. She helped me in with bim, and
as we laid him on the bed he drew his last breath
She said, ' Oh, he's gone '."
APTERNOOX SESSlOS.
Dr. T. J. Litz, re-called. Miller's face
was flushed, dark red. and somewhat swol
len on my second visit the first time the
symptoms were not so marked. He com-
flained that his throat was parched and dry. ,
lis tongue was red. trembled when it was
protruded, somewhat ulcerated on niv sec
ond visit. His voice somewhat hoa:se.
Rev. John Berbkher, re-called. Icon-
ducted the funeral services of Xavier Mil
ler, lie was buried in the grave-yard of the
Frenehville Catholic church. I was present
afterwards when tbe body was exhumed. I
am morally certain that it was his body
saw the coffin taken out of the same grave,
on the day the inquest was held.
Henry W. Parke, sworn. I am the
Coroner of this county. As such I hdd an
inquest on a body at Frenchvilitj on the
2Gth of July last. It purported to be the
body of Xavier Miller. Drs. Hartswick and
llson made the post mortem examination.
Vrs. Uurchheld and latz were aLo present.
Tl.. . si -r
riiANCis uouDKiET, sworn. i was a
member of the Inquest on the body of Xa
vier .Miller, baw tne body, believe it was
his body.
T T 1- .
john u. ivougeaux, sworn. i was a
member of the inquest. I was acquainted
with Xivier Miller, llecoffnized the body
on which the inquest was held as that of
Aavier 3Iiller.
Da. J. G. Hartswick, affirmed I as
MIriLeil in making a. post imortoin exuaimtMa
ot the body or .xavier Miller, at the in
stance of Mr. Parke, Coroner of this coun
ty. It was on the 26th of J uly last. There
was general discoloration of the body, ex
cept the portiou over the stomach and the
upper part of the bowels. These parts
seemed to be in a better state of preservation
than the balance of the body. The nails of
the toes had fallen off, or were about fall
ing otf, and the cuticle was loosened. The
eye balls had protruded from beneath the
lids, and had discharged- their humors.
These are simply evidences of the putre
factive process. After noting the general
appearance of the body, we opened the ab
dominal cavity. The first thing we noticed
was that the bowels were distended with
gas, and had a pale yellow color, except a
Eortion of the a.scending colon, which had a
luish color. There was some congestion of
the blood vessels of the peritoneum, or mem
brane covering the bowels, and lining the
cavity of the abdomen. This congested ap
pearance was only found in the lower portion
of the cavity, what we call the illiac region.
There was also some congestion along the
back part of the cavity. We next remov
ed the stomach and duodenum. The stom
ach was empty. The mucus coat of the low
er part of the stomach was congested, pre
senting the appearance of high inflammation,
and had a vesicular or blistered appear
ance. The vesicles were about the size of
a split pea, and in one or two places they
were in clusters. Xotieed no other peculiar
ity about the stomach. The stomach and
duodenum were placed in a jar, and put in
charge of Dr. Burchfield. We examined a
portion of the duodenum, and I observed a
lew dark-colored patches, and a yellow pasty
matter, which I also observed in a portion
of the intestines lower down. We then open
ed the cavity of the chest. V e observed a
dark colored fluid on .the back part of the
cavity on each side. We did not remove
the lungs. We removed the heart. It was
soft and crepitated under pressure. We open
ea the cavities of the heart, but did not ob
serve any signs of disease, except a little
bony matter about one of the semi-lunar
valves. The body was considerably decom
posed, the putrefactive process going on rap
idly. Sulphuretted hydrogen gas is gene
rated by the putrefactive process. Tins' gas
has the effect of changing arsenious acid in
solution into crpiinent, (tersulphuret of ar
senic. ) The color was similar to this, (allud
ing to some artificially prepared orpiinent,)
not quite so bright, being mixed with mucus.
Cross-examined. The color was not so
bright I dou't know positively that the
yellow substance in the intestines was the
same as in the experimenting bottle, but
suspect it was. If there were no arsenic in
the intestines, I dont know that the gas
would change the color of the fluids or the
matter covering the mucus membrane. The
fluids would not be the same in all cases,
they would vary in color. There was noth
ing in the stomach ; the pasty matter was in
the bowels, no fluid. 1 think a portion of
the upper part of tho bowels, containing the
asty matter, was put in the jar delivered to
r. Burchfield, but am not certain. Tbe
gas will produce this color by coming in
contact with free arsenic 1 know of no nat
ural causes that would produce the same ef
fect. I graduated at the University of Penn'a,
and have been practicing for 12 years.
Dr. R. V. Wilso.v, affirmed. I was one
of the physicians employed by the coroner
to assist in making the post mortem exami-
We
I first inspected the surface of the body as to
iti appearance, lhe first point to which
we directed our attention was the appear
ance and state of preservation of the body.
It was greatly discolored, the surface was al
most a greenish black, except nome parts
immediately over the abdomen, and one
side of the face, that which probably rested
on the coffin, where the air hadn't free ac
cess to it. The skin would come off readily
when the touch was applied. The naiis cf the
tO s were loosened, and the hair was easily de
tached from the scalp. On pressing the limbs,
which were swollen they had the feeling of
crepitation. The eye balls protruded aud
lay upon the cheeks; the humors had burst
them. Dr. Hartswick then opened the cav
ity of the telly, with a scalpel, and we noted
the appearance of the viscera the bowels
aud stomach. The bowels appeared to be in
a relatively better 6tate of preservation than
the balance of the body. We were fc truck
with the appearance of tho small intestines,
which were of a bricht yellow color, un
usually so some unusual vascularity of the
peritoneum indicating inflamatory action.
We next looked to tha stomach. It didn't
present itself on the surface ot the body, and
we searched for it. It was empty, when
found ; which accounts for our not seeing it
We proceeded to remove it, by tying a lig
ature above it where it is conuccted with
the gullet, and tied the lower extremi'y.
Before doing this, wc held it to the light,
and noted the appearances. It was very
much contracted. It contained perhaps a
teaspoonful of bloody fluid. Considerable
portions of it presented the evidence of hav
ing been highly inflamed. One portion of
it, just below lhe gullet, had a blistered or
vesicular appearance. It was, moreover,
unnaturally opaque; the tissues were not
translucent, not as much as ordinarily. The
vessels of the stomach were greatly infect
ed. The stomach and a portion of the duode
num were removed and placed in charge of
ur. uurcnneiu. in cutting open tuc auoa
enutn we observed some dark patches of ex
travasalcd blood. Some yellow pasty mat
ter seemed to cover that portion of the sur
face of the bowels. When we opened the
smaller intestines we noticed this yellow col
or. We noticed also on the left side of the
body an old hernia, it went clear through.
We found no evidence of strangulated her
nia. Made an examination of the thorax,
found considerable decomposition in the
lungs. Examined the heart found one of
the valves considerably ossified.
Cross-examined. liever before examin
ed a stomach in this state of decomposition.
Have examined bowels and stomach of dead
bodies, and know something of the effects of
inflammatory condition. I believe the yel
low pasty matter, if I recollect correct7,
was only in the duodenum. A portion of
clothing immediately over the breast, press
ed very closely. " That was the impression
made on my mind, but whether obtained
from personal observation or from what I
heard others say, is not so clearly within
my recollection.
Dr. James P. Burchfield, aflirnied.
Was present at the post mortem examina
tion. A portiou of the stomach and duod
enum of Miller were placed in my custody.
Put them in a jar and sealed them up. Took
the jar to Philadelphia, and placed it in the
hands ot Charles r. Williams, chemist.
Charles P. Wiluams, sworn. I am a
practical chemist Received from Dr.
Burchfield some matter for analysis. On
the 1st day of August commenced investi
gation, lhe matter was represented to me
as a stomach and duodenum. I made a
chemical examination ot it 1 examined it
for arsenic. I found no arsenic in it
used Marsh's test.
Ci uss-e.camiueiJ.-i there had been arsenic
in it. 1 am certain I would have found it
from the process I used. A very small frac
tion of a grain of arenic can be detected by
this test.
Dr. J. G. IlARTswicK.re-called. i went
back to Frenchville after the post mortem
examination, several weeks, 1 think, after
the first. The remains were asrain exhumed.
Prof. Hand, of Philadelphia, and Dr. Wil
son were with me. W hen tne comn was
opened, the soft tissues were almost entire-
lydeeomposed.excCBt that portion oi mem in
the cavity of the pelvis. Think a portion
of the rectum was left undecom posed. The
organic matter was placed in jars. Portions
of the shroud aud wrappings were taken
out and also placed in jars. The jars were
placed in custody ot Prof. Rand.
Cross-examined. Don't remember dis
tinetlv. but think there were three jars.
Some care was taken to assort the matter
the wrappings placed in one, and that por
tion supposed to be the rectum in another ;
other portions scraped up, were put in a
third jar.. Can't say what time we got there.
The body was in a small log house near the
grave yard. The coffin was there. The body
was in the coffin. The coffin and remains I
think were brought in after we got there.
Am not certain. An old gentleman named
Bigleman exhumed the body. Think I was
not at the grave. I think the lid of the cof
fin was broken in, but am not clear on this
subject It was brought to us by some oth
er persons. I was on the ground during the
whole of the Erst inquest. I thins the body
was not re-interred before I left on the first
visit. The inquest adjourned to Mulson
burg. Was not present when the body was
disinterred the second time. Did not re
main Ions there with Dr. Rand. Don't re
collect what kind of a coffin was there the
second time. I think two men brought in
the coffin.
John Bonner, re called. Was at the in
quest when first examination was niade,and
helped to bury him over. Was present
when he was put back into the coffin. It
was screwed up, and out inside of a rough
coffin. Assisted to put it in the crave and
fill it up. '
Cross-examined. Frederick HarthncAu-
gustus Mulson, Valentine Hoffman, and F.
1 nation of the body of Xavier Miller.
F. Vollimont were there with me, and helped.ex
cept Vollimont. A great many persons were
there that day. I was one whowent to the cab
inet makers' shop for the rough coffin. Volli
moiit asked me to assist in raiting the body, bol
can't say who asked me to help bury It again.
t F. Vollimont. sworn The District Attorney
got me to have the body raised Was present
wheu it was re interred. It was put b.ick in the
comn. the coffin screwed up. placed in a rough oof
Cu, put into the grave, and the grave filled up.
VVs there when the doctors eame back. Saw the
body taken out of the i r ive that time. Thedoo
tors were at the house before tbe body was taken
put of the grave. The second time coffin waa
lifted out of the rough coffin and taken in but was
not opened until after it was in the house.
Cross-examintd . The rough coffin was not ta
ken out of the grave. The coffin lid waa broken
in a little at one corner. We bad dug down to
the rough box before tho doctors came Wm.
McCartney. Lawrence Flood, Hanson Smoke,
Christian Biedleman, Prosper Coudriet, and my
self, were present. I didn't help. They buried
the body again. Xavier Miller is uncle to my
wife. Ue was buried in bis clothing, w'th
shroud over them. I made the information before
the Justice.
Pbof. B. Howard It and, sworn Am Professor
of Chemistry in Jefferson Medical College, Phil
adelphia. Visited the grave yard at Frenchville
with Drs. Hartswick and Wilson. Brought In
tbe remains I was requested to examine to deter
mine the presence or absence of Arsenic. There
was little remaining exoept the skeleton, the or
ganized tissues being mostly broken down into a
pulp. In the cavity ol the pelvis the decompo
sition did not seem to have proceeded eo far and
I obtained among other material, a piece of firm
tissue, which I believe to have been a portion ot
the rectum I collected in all three varieties of
material, which I put in three separate jars with
tbe assistance I had there. One jar contained
the luHtter from the pelvis the least decomposed.
A second th'e pulpy organic matter of the body
generally. The third contained portions of the
wrappings of the body. I could not say at the
time from the appearanoe if these wrappings
were portions of a shroud or of an ordinary dress.
Tbe three jars were packed in a box us which
the lid was screwed and sealed. These seals
were broken in my lubratory in Philadelphia.
The matter was then divided into four parts.
The first was the matter fouud in tbe pelvis; tbe
second and third, tbe organio matter generally
from the body, and tbe fourth the remains of tbe
wrappings of the bod r . I made a chemical ana
lysis of No's , 2 and 4. No. 3 was reserved ia
case of accident. The prelioiinnry test.knownas
Keinsch's test, showed evidence of preserce of
Arsenic in Nos. I and 2 No. 4 jar, no evidence
of the presence of Arsenic. No further test was
mnde of No 4, this negative result being deemed
sufficient. Nos. 1 and 2 were then mixed ; the
organic matter was destroyed and Marsh's test
applied This confirmed the preliminary test.
I ootaind arsenious acid in the form of a subli
mate from the Koinsch's test and also in solution
from the Marsh's test. I examined the Crystals
of arsenious acid under tbe microscope and iden
tified the UK. (The lr here illustrated the mode
of procedSte in tbe Keinsch and Marsh tests ) I
bave slip or copper nrad ia Koinsch's test. The
one marked No 4 was used for the wrappings of
the remains of X. Miller. It shows no deposit.
No. 1 shows tbe presence of the arsenio deposit
very distinct. No. 2 not so distinctly. Subse
quently I made an examination of jar No. 3.
The matter in this jr was not at first treated
with muriatic acid. It was evaporated gently to
dryness, acidulated with muriatic acid and dis
tilled to dryness. The liquor obtained by distil
lation was tested with the oopper (Keinsch) test,
and deposits were obtained more distinct than
those obtained in the first instance, owing to the
absence of lbe organic matter. The deposits
were the usual deposits from solutions containing
arsenic, and consist of a compound of arsenic and
copper, known to chemists as arsenide of copper,
with probably some free metallic arsenic. I bare
slips of eopi er with deposits obtained from No. -3.
(Exhibited slips to Jury.) These slips were
obtained from material left after the other exper
iments bad been tried. Tbe portion o .tained on
the slips here is bat a moderate portion of that
I obtained. The rest was consumed in confirma
tory operations, as I thought it more important
to be perfectly clear in my own mind as to the
results of my examination than to reserve speci
mens for exhibition. I showed to Mr. Williams
the slips obtained ironi Nos. 1, 2 and 4. T am a
graduate in medicine of Jefferson Medico! Col
lege was a practitioner prior to assuming a
professorship, and still practice, not to any great
extent. The symptoms of poisoning by arsenio
vary according to the age of tbe patient and the
condition of the stomach, and the form in which
it is administered. The symptoms, as usually
summed up by the authorities, in ease of poison
ing by a full dose of arsenious acid, are, first, a
feeiiDg of weakness or prostration, lol lowed by
vomiting, whic are incessant and not relieved
by ordinary means. It is at first of the contents
of the tum;ich. afterwards of mucus and fluids
which are taken to queuch thir&t, which, howev
er, is persistent and very tormenting; burning
pain in the stomach, increased upon pressure,
after a short time purging, sometimes discharges
are streaked with blood, excessive restlessness,
sometimes convulsions, sometimes fainting. There
is also an injection of tbe white portion of tbe
eye, what we cll the conjoctiva, and the eyes
are often swimming, sometimes there is marked
intolerance of light, and in a few cases excoria
tion of the mouth, throat, and the region about
the anus. Death may he produced by arsenic and
no arsenic be found in the stomach and duodenum.
Arsenic acts in two ways to produce death when
swallowed. First by an irritating effect upon the
ftomach and bowels, eausing inflammation; and
secondly, after its absorption into the system, by
its effects upon the system generally Arsenio,
after being taken into the stuerach, passes after a
moderate time into the intestines and there the
absorption takes place. It is thrown off the
stomach by vomiting, and passes oat of the intes
tines by purging. The absorbed arsenio passeg
off in the urine, the bile, and through the skia.
If the patient lingers a sufficient 'ength of time,'
the arsenic may be eliminated from the system -by
these methods and still produce death. After
eight hours arsenic may be elimiled from the
stomach and still have produced death. Absorp
tion and elimination cease after death Tbe ar
senic found after death is not the wholo quantity
that has produced death, but is that which re
mains, and which itself must have had its share
in producing death. I think as a general rule
arsenic would be found in the stomach. "Tavlor
on Poisons" is a cood authority. ' Christ ison on
Poisons" is a received authority, but not so late
as Taylor. In using Marsh's test in tbe analysis,
I tested the spots obtained. The spots obtained
by Marsh's test resemble somewhat those produ
ced by antimony under similar circumstances.
Arsenic spots disappear at a heat oelow redness,
arsenic being volatile below 500 degrees of Fah
renheit's thermometer. Antimonial spots require
a full red heat to cause them to disappear Arsen
ic spots are soluble in a warm solution of hypo
chlorite of lime, which is found in the clear liq
uor obtained by mixing tbe ordinary chloride of
lime so called with water and allowing it to settle.
With proper precaution no other spots can be
mistaken for tboie of arsenio except the antimo
nial spots referred to The antimonial spots will
not dissolve in nypo-eniorite of lime. I tested
the rpots obtained by both these methods. I an
entirely satisfied of the existence of arsenio in
the remains examined by me. I tested all tbe
materials and apparatus used to see that they
were free from arsenic. 1 he arsenio obtained ia
these remains eould not have been introduced af
ter death because I found none in tbe covering