Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-09-26
Court Of Oyer and Tcrminer.
Present Judge Edwards and Three Aiderme n

District Attorney called Margaret Fhiiips 10 the
stand, who, being sworn stated reside M No. So
Ridge street, and az, unmarried. In December last
l staid some time with Mr.. Fisher. 1t was tie
mouth, or the month before the cake was baked
left the Tuesday before the cake baked and
called or that day to see Mrs Floor. Mrs Fisher
lived then in Lewis street. There was family up
stairs, whose do not recollect and the pri-
soner took room together. She said her husband
was a sea captain. On the 9th If Nov. 1899. the
first time ever saw the prisoner. When left, Mrs.
Fisher said Mrs. Floor going to board wth her.
On that day Mrs Floor left to go TO Bergen, and did
not return until the Saturday. That day, when
called, the cakes were made. The small one in
the stove. and the large the table. ready TO
bake Mrs Floor was there alone at the time went
into the room. Mrs. Lewis came in shortly after
wards. fhe small cake was in saucer, and the
large in small brown dish. That big
again as the ether. | do not know what kind of cake
it was. We changed very few words about it. Mrs.
Floor took the cake of the oven inst before dusk.
thought it pound cake, and the large one n
common sugar cake. Mrs. Floor went cut for a few
minutes, and Mrs Lewis said that the cake would
burn, and proposed to turn 1t. said would do no
thing VITA it. Mrs Floor came back in few mi
nutes and did not leave again until she left with the
cakes. She never put 1t out OF her hand until she
left the think she took the large out first,
and then the small one. There little boy in the
roo n when she tried if they were done. She took
straw, and, think, tried Tie small She said it
is not done, and threw the straw into the stove In
about Is minutes she tyok the large cake first,
and then the small one. The little boy asked for
piece Of the Ii tie one, which she refused, but said he
should have piece Of the large one next day. When
she said this the boy reached towards the small cake,
and she said again he should have some of the large
next day, and told him to 90 away. She added
that "she wanted The cake for a particular use"
That boy was about four years old. After this she
left the room " it'll the small cake and do not know
VIII she went to for did not see her again until
cav her at the hail of justice. 1t was on Saturday
that the occurrence took place do not know what
month it ill., bat it the urday before Christ
mas day. ] always knew the prisoner as Mrs. 81.
monson before he murder came out
Cross examined-I was round working at house.
work, on the 9th of November. when became ac-
Quainted with the prisoner. She had bearded with
a Mrs. Sawyer, in Forsy tn street. had settled
place at that time, but had lived in Canal street with
a widow lady. Her name was Jessup. lived with
her two months. When the prisoner went to keep
house with me, agreed to-divide the reat, bnt
she did not pay up and tried to make disturbance
in Mrs. Amess family, which did not like. 1t
all nonsense wha, she said This was the
Monday before tho prisoner went to Bergen When
met the Saturday in her room, there a
GOODNESS between US on account OF the mischief at
Mrs Ames's. l called at Mrs. Fisher on the Mon
day, and the large cake there, and ea part Of
it. That after the prisoner was in custody. |
understood she was taken up on the Sunday. The
large cake a homemade sugar cake, and very
coed When | advised Mrs. Fisher not to NEEDLE
with the cake, did not feel very well towards Mrs
Floor, and thought her cakes might as well burn. /
was first used as witness on the Tuesday after the
cakes were made Mrs Fishers folks sent after
me to Mrs. Ames's II was then i heard of Floor
death, and said it was singular, as l wondered il
Mrs. Simonson could have given him his death with
the cake she made. I ais led 20 my being taken
a witness. / said this on the Monday and observed
it was singular why she gave Floor he cake, she
always spoke so hignly of her cousin. She always
called Floor her cousin. spoke of this matter first
to Mrs. Ames. did not feel ugly towards her at
this time Floor first told me of his brothers death
He said j; was TIN rough cake. and thought il might
be Of the cakes, and Vet not afraid to eat
Of the larger cake after had heard of his death
by poison.
The prisoner always told me she was the wife Of
n captain, and drew her money every month
She said she had been married SIX years, and had
had two children, and was then in the family way.
She told me that hcr cousin Floor, had been TO
her, aud said that when he came again she would
introduce him 10 me. She appeared 10 be pretty in
innate, and said occasionally she would go and oor-
row money of him. MIR. Amcs first told the
name OF her cousin. She always spoke most of her
husband, John Smonson, who she said
captain, and was expected nome.
The cake was bake in tea saucer, white, with
red and green flowers. When the prisoner tried If
the cake doae, she wiped the straw her apron
and observed there was three or four spots where
the colour bad been taken out. The apron was
kind OF purple, and the spots were nearly white
She said il was done with pesrash; and there was
pearlash in the large cake, fort tasted Of it.
Nv the District Attorney should know the sau
Ger again if saw II.
Nv Mr.. Edmrnds-The same day we began 10
Ike, house, she boug three cups and saucers she
had baked cake once before that Saturday; believe
she used a dripping pan That was sugar cake
and had pearash in it; ca, that cake between as
Two sauccrs were here shown 20 the witness
which she identified those which the prisoner
had purchase and used while they lived toge Their
By the District Attorney.-The prisoner and me
had some talk about sSalic acid, abont ten days be-
fore the two cakes were baked 1--WE about bugs
She ask ed me if il poison. and said did not
know, but believed il was. She asked IL il was n
poisonous that it would Kill any they took it,
I said know not, hll heard of people using samc
.uch s'uY for 6ass, bat whether thai was the sun
or not | coulI MT tel SAID did not kro y II IL
would LII. a, did rot waat 20 kill anybody, aud
she Laughed and SAID . no We hai no either
co1tcr.t' ion about oxalic acid or other poison,
before the cake va. baked That night. ,bnut ~.
o'cllok. I went az stair mo the room which We
rca,ed to change a key for Nc. FISHER; t,erc YVES
as one IN The room. sGd IL mght he abo.t Az our or
an hour and ha,f fr1m The dine the cake vas talcn
from the oven opened he oUpal-rj aad saw the
sarc,r which he small cake had been baked in.
Nv the Court never saw the cake tina; was bf-
ked on the after II was taken out al the
Eliza Fisher examined. II 1--we AZ - Broome 81
in December lived IN Lewis street Know Phebe
Ann, the prisoner. aud also the last witness she.
Phillips. VISA going to stay with ms a while. and
wanted 20 know II | would not let a sea captains
wife stay with her She was told that she could
come ii she was nice woman, and Miss Phillips
said he was and wished % be retired. | always
found her very much OF lady; mean the sea ca,
,ain's wife. She came four weeks before Christ
mas. They took ;he front garrett bedroom; hal
nothing 20 10 with boarding them, aud sometimes
lid not see her frT two or three days. When the
officer. came {, take her up, thoaght one Of them
was her husband, and wrEt with treat - 90 tell
her so. ! never saw any one come 20 visit her
except while she staid .; NY house, and DO not
believe that any one came Il yist bar oxcepi
her mother anl LADY who cane 90 Show her mo.
cher the place. She left 20 g. g. jersey, on the
Wedaes5s. before the e>tr, v, e baked, and came
- i. tia, day about cr u. She asked me IL ives
going TO bake, saie ~. She said. want to make
a kind of mixed cake; shc meant soft cake with
snoon told her she coul bake anything she want
ed saw hef r,ich the things IN te house, and she
made her cake: looked a. them after she had put
them H. and saw shc had not done IL right, They
were burning ;one was on abrown dish aad the other
in saucer; the QUO in the dish the larger
Miss Phillips was in III, room sewing at this time.
The little cake was birning. and took u and set "
Il. IL phohn Ann not in the rnnm ~ Inc time.