Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-28

| 80 nm sPsaA "i merlin the highest terms, and ne
yer IN any other manner. The change | speak Of
was from cheeriulness to gloom, which attributed
10 MS Pecufiary mis!ortunes when 6rst knew HIM
nc never TOOK any ardent spirits, which he after
wards was IN the habit Of INDUCING in. The last
time saw him he was badly intoxicated, and left
me at night, very suddenly, at the boxes Of the Ire
mont Theatre; left town the next morning.
| CONFERENCE.-The as il October, 1899 the
last time that saw him; he always seemed 10 pos
sess great $50 saskatchewan in other words was
| always determined to effect any parpose he ght
have in view.
AT precisely 10 minutes Of ten, Mr.. Dexter CON-
menced his argument
He expressed the deep conviction he felt Of the
Importance OF his present duty-of the innocence If
| the prisoner-he remarked upon her apparent com
posure IN crowded court, wound up to bear this
awful trial with calmness, which she does with a
dignity and perfect simplicity, which should alene
convince you OF her innocence. He spoke OF her
lonely hours in the cold ce-oiher feelings at that
time, ana the necessary doubts and phantoms that
| must there at times intrude themselves upon her
fancy, and cannot be shaken off Before proceeding
the evidenced he impressed with reat upon
them the fact, that il is difficult for them to resist
the influence ola prejudged and misplaced suspicion
an consequently the evidence is met under great
disadvantages. The world at large to expect
merit prove her innocence before the least crime
proved against her, as if suspicion constituted her
guit She IL to be presumed innocent, and the
Jury are to begin with the first particle of the tcs-
n.9ny offered here, aud end with the las. without
relation to public rumnrs.
IheJury must be sa isf I'd that a murder was COM
United, and that the prisoner and no one else did it,
least direct tes tmonv
Did the deceased die NV noisop the Testimony
fails TO prove this, for the evidence does NOT show
that The arsenic found In that mans stomach was
there during his lifethe coatents before hey were
analy zed were turned into a bottle broueh hit from
painters shop, who in the HABIT of using drug
which contained the very poison found in the stom-
ach, this bottle was not examined.
lie here related a recent case in France, where
whole family were poisoned, by drinking frem, bot
Tie tnat mad been washed with shot. The bottle TAO
was very careicssly kept after the Coz tents
poured INTO Ut was placed in a room, un-
guarded, Tor live hours; poison might then have
peen put INTO it-by accident, it is improbabe-by
design atrocious-yet not more Incredible than the
crime charged upon the prisoner who could have no
possible cause for the comRitta Of such deed DIR.
bgelow testified that the resembied of cho-
lera-mSht it net have been that he died frem that
disease, and that arsenic was afterwards introduced
into the bottley This arsenic might have been ad-
ministered by Dr. Batchelder, through Ignorance.
Mr.. Dexter then related the circumstance of Mr..
kinneys illness, and his application to DR.. Batchel
der, who has confessed that he used in his practice
arsenic, henbane, and such powerful drugs, that a
less skiliul physician could not without danger
MT Pratt also testified to having once taken three
OF these bowel pills, and that they came near kill
| ing him The symptoms produced upon him were
very similar to those attendant upon Kinney. When
DR.. b called on Mr.. X. the night before his death,
he called for the dicnes, he had order red, to see
that there was mistake evideptly hmse alarmed
at the turn OF the disease. Two grains Of arsenic,
scarcely covering the point of penknife, cause
oeath hIe you satisfied tnat Kinney DID not die
from arsenic contained in those pilst We are not
bound TO show you hotc IL happened
~ II did got happen from the malpractice Of DR..
batcheifer there are bat two other ways in which
IL might have oecurred-either as the government
siiege, or he might have himself committed the ia
tai act.
Mr.. Dexter here br eay W. mt tvert the evidsnc in
the case, pointing out the questions to be settled by
the jury.
Unless you believe that he died from the NAL prac.
ice OF Or. b. or took the poison himself, the fatal
rnr rnnst ha~o Ia. IA. @
morning, as after III o'clock he grew worse exhibit
ing, till the time If his death the same symptoms
growing worse, but exhibiting not the slightest
charge
II DIR. b. gave il, it might have been taken prior
TO Saturday, as il has been medically shown you
tnat arsenic IS cumulative poison. He here met
.he point that may be started by the government that
the arsenic was administered BY his wife prior to
Saturday, and that this caused the symptoms which
he exhibited during the week prior TO his death, by
requiring them 10 show motive for the deed He
xt recounted the natural workings Of poison, as
testified to by DIR. Bigelow. IL is not shown where
Kinney was on Friday night. Miss Collins testified
that he dined with them Friday noon; but did
not take tea with them Friday evening nor breakfast
with them on Saturday morning. Ii has not been
shown how his wife could possibly have admins
tered arsenic to him tall she gave him the tea
Saturday night, while the natural workings of the
| drug would show that il was administered the
morning prevous-if he poisoned himself, he could
| havo done 1t that morning in his shop
lie then commented upon Goodwn's testimony,
which he contended was to be received with great
caution, as he Is The principal witaess upon whom
| the government rely, responsibility, which he
regretted TOO often influences witness to make out
good statement; his peculiar situation too, watch
| ina sick chamber-over a case, as il was supposed,
OF Asiatic Enthusiastically man Of seok nerves,
would render II impossible for him 10 be
accurate ana minufe witness upon crcums tances
winch then happened-hc mentioned the strange
fact that Mr. G. should now swear that he saw sc.
diment in the bowl Of tea, resembling arsenic, and
yet before the CORNERS inquest he never hiAted at
this factof his sickness too at that time lie did not
| speak, though he had too separate conversations
with DR. Lusr, circumstance that would naturally
be deemed very suspicious in come xou with the
teas containing poison.
Mr.. g. tcstifes to three facts-that the tea was
sweet, though Mr.. X. had requested that 1t should
not be sweetened-now IL is clearly proved by
dical testimony OF great ability, that arsenic poss.
esses no sweetness at all he then met the argument
that Mrs. Kinney sweetened the tea to disguise the
taste OF the arsenic, by the fact of her probable ig
norance OF such matters.
That he noticed SO diment-Mrs yarnev testifis.
that the next morning she washed out the bowl that
contained the tea, but there was sediment then
visible he recounted the circumsta under
which the tea was made and administered; the bowl,
after the tea had been drank was placed upon the
bureau where IL remained till Mrs. varnsy took il
and washed it-had there really been a sediment in
| II, could she net have noticed it then. Dr. Hales
testimony relative TO the sediment that is always de-
posted by Boston water, when boiled, bears upon
| this point. IL was sweetencd with sugar, and IL
has been testified that there is also a sediment de-
posted by East Boston Sugar, which is in common
use in this city.
MIR. GoodwiH's sickness may easily be accounted
for by the fact Of his constant attendance upon sick
man, deprived Of his rest, in chamber strongly i'm
| pregnated with the breath ef a DYING man. lie is
implicated equally with Mrs. Kinney in hi herb
tea; they were together ia the sick mans chamber;
she prepared the tea, and might have put arsenic
into it, Goodwin had the bowl, and he might also
have mixed IL; she gave her husband half Of IT, and
he gave his friend tue remainder; the only
IN seir suat Is the fact, that she is the prisoner
aud he witness for the evidence, alike implics.,
them both BY this he by means INT ended TO in
sinuate this charge against Goodwin lie p,x, re-.
called her conduct at the moment of administer,
the tca her leaving the bowl in the hands of
i,div dua, md TO eva nine II; her brir ns II n,
4 the W az hot IN he