The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-06
smelser; he sad he purchased the arsenic on canal

smelser; he sad he purchased the arsenic on Canal
street.
Paul Halter sworn-Testifed that Scott was sent
out to work the roof Of the Medical College, few
days tcfore Smelsers death; at first he observed he
would not work, but would quit; he then went out
to collect some money. but subsequently returned.
and remarked that he would not quit but that he
would have satisfaction, and moreover. that Mrs.
Smelser would rather Smelser would quit than he. or
would rather discharge Smelser than that Scott
should be discharged; after the death OF Bmelser,
witness has seen Mrs. Smelser light the candle and
go TO SCOTS bed room with him and STAY In the
room for some time; witness would 90 to sleep and
cannot say how long she might have stayed there;
witness boarded and lodged in the house; Kitty
told witness TINT Mrs Snelser and Scott had offered
to pay her expenses to leave the city, and give her
her freedom Scott told witness that he had torn up
the papers which had been drawn up b. Mr. Emer.
son; and If he had not done 40 Mrs Smelser would
hive been left penniess; witness had asked him
why he had broken the chest open when the keys
were there. and he answered the witness AZ above.
that it was to destroy the papers. THESE papers
were will which Sinelser had made after he be-
came Jealous disnheritng his wife.l Witness went
with Scott TO get Kitty; Scott said he had bought
her from Mrs. Smelser, and was going 20 Texas with
her; witness saw Kitty handcuGed in the house for
two three days; witness heard Scott and Mrs
Smelser talking and heard Scott gay he would "get
lid Of him by, giving him dose Of arsenic Mrs.
Smelser said he might do as he pleased; she would
have nothing to do with it.
DR.. Bachiier said ne came and found Smeiser
vomiting; he had been eating nuts and thought
lie had got sick from that cause; told him it WAS
sicky time; that bowel complaints were very preva-
lent and he should be extremely careful. Prescribed
something to relieve his vomiting, and gave direc-
tons that should he be taken sick In his bowels to
send for him Immediately; he then went to visit
he was called upon by Scott to go and nee SmeiseN
who Scott said was very sick, and he thought way
going to die witness was astonished to hear that he
was so low; Immediately the Doctor got up and be-
gan to dress Scott left, and had he ran all the way
ty SInelser and back again he would not have
had time before he neturned the Doctor says and
announced to him that Sneser was dead; the Doctor
was still more astonished and didn't know exactly
what to do, but finally concluded to go and see what
was the cause Of Smelsers death; when he reached
the house he found him dead, with sheet over his
face; asked Mrs. Smelser, who was lying on the
sofa very quietly, how Smeser died, or II he had
much pain; she said no; that he merely remarked
that he was going to die he'd two or three convul-
sions or SPANS, and expired; the Doctor was 30
accountable death Of Mr.. Smelser, that he thought
OF opening the body, not from any suspicion
of foul play, however, but delicacy prevented him
from asking permission Of Mrs Smelser. The doctor
says he was greatly surprised when he learned that
Scott had purchased an eight-ounce vial OF chor
form at the drug store OF Mr. Hastings The doctor
said he had neither prescribed chorform nor arsenic
for Mr.. Smelser. He was the regular physician of
Mr.. Smelser; had attended him frequently when be
complained. His disease generally the result Of
his working among lead, and ut one time, when he
his Cstern was llueO Win leau, ne
the disease TO that and told him to be very careful
in future; thought his sickness on the 9th OF May
was the effect Of the same causes.
Dr. Austin said that Dr. Bachiller stated in the pres
cnce of himself and Mr.. Hastings that the reason
he did not open the body was because he afraid
he might find something in the stomach that he did
not wish to zee.
told DR.. Austin that he was afraid to open the sto-
mach for fear that be might find something he did
not wish to see; Asked DR.. Hastings the next day
if he had put up my prescription as had ordered il;
he said he had, and told me what it was without
going to the fle told him to be very particular as
both he and witness might be called on again in
gard to the matter.
Mr.. Hastings, the druggist, testified that on sun
day evening, Mr.. Smelser his wife and Scott
returning from church. they stopped 81 his store and
drank glass Of Soda some two hours afterwards q
prescription from DR.. Bachiller was brought in by
Scott, and it was put up accordingly about III
o'clock Scott came in and asked for chloroform;
witness asked him how much he wanted; he said he
didn't know; witness showed him a six ounce vial
and asked him il that would do; he said II would;
he remarked that he wanted it for Smelser, and told
witness to charge il to Smeser remembers
that DR.. Bachiller called upon him, and asked him
about the prescription.
Mrs. Mcdonnell testified she lived next door to
Smelser; he and his wife apparently lived happily
together; did not know anything about the poison
ing Kitty she knew to be great liar; she had told
lies on her; told Mrs. Snelser that If she didn't
watch witness she would steal her coal saw Mr..
Smclser the evening before his DEATH he in the
yard vomiting; abont o'clock Kitty called witness
ard her old man, and said that master was dead
both went up stairs; found Dick and Kitty both in
the room; felt Smeser's pulse, and found he was
dead; there was nothing on his face; helped to lay
him out, and stayed there until sunrise: did not
Mr.. Scott about the premises during all this time.
Mrs. Frazier, a protege Of Mrs. Smelser, who had
raised her from child, testified that Mr.. and Mrs.
Smeiser always lived happily together, with the ex.
cepton of their quarrels in regard to Smelsers sis
tiers; was not there at the time OF the death; was
sent for afterwards went to the house: saw him
laid OUT Brown has the vial that Scott got the chic
reform in.
Here the evidence closed. and the jury, after some
deiiberation, returned the following verdict
''Afler post norton examination, and the con-
tents Of the stomach being analysed by p. a. Ber-
trand chemist, We the jurors do say that Levi Smell
ser came to his death by arsenic and chloroform,
administered TO him by one Adam Scott, aided and
allotted by Mrs. Smelser and the slave Kitty on the
evening Of Sunday the 9th of May, 1885,
Whereupon Deputy Coroner Mitchell had warrant
issued for the arrest OF Mrs. Smelser, and she WAS
taken in her house Tchoupitouas street, and con-
veyed to the parish prison. She was brought be-
fore Recorder Bright yesterday morning, together
with Scott and Kitty, and remanded 10 Jail till the
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