Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-04
THE POISONING CASE
CAOE
EXAMINATION OF MRS. PHINNEY,
The Alleged Husband POisOner.
FOURTH DAYS PROCEEDINGS.
Mrs. Phlnney is Discharged.
THE FINAL SCENE IN COURT.
DURTH DAYS PROCEEDINGS.

Court at nine O'Clock Saturday morning,
Mayor Chaplin presiding, and was concluded
that forenoon. The counsel for the defense
called only three witnesses, whose testimony
is found below;
Philip Miner, Sa0orH: I reside in Rock
port. Had lived there thirteen years in
October last. Knew Benjamin Phinney in
his life time. Knew him pretty much all
the time of my residence there. traded at
his store. Eight years ago l had a piece of
corn adjoining the farm of the deceased.
The ehipmucks damaged the corn, but the
sheep more. Mr.. Phinney asked me one
day how the corn got along. l told him l
could get along with the chipmucks, if it
were not for the sheep. He said, "pOison
the ehipmucks. / do so some times" He
told me to take arsenic or ~strychnine. He
told me to mix the poison with the corn and
leave it here and there on the top of the
ground.
Heman Barauul, sicorn : I reside in Rock
port. ! am a brother of John Barnum,a fore
going witness in this case. ! have lived
there thirty-five years. Have known the
deceased about fifteen years. Lived ten or
a dozen rods from him, across the road. l
was at his house at his last sickness, getting
there about half an hour before he died.
Harry Giddings, of Sandusky, Edward Gid
dings and wife were there; also Mr.. Lot
ridge and wife, Miss Clara Ayres, my mother
and the family of deceased. Mrs. Phinney
was also in the room. All of these were in
the room where deceased was. l left on his
coming out of the first spasm, and did not
return until after his death. Mr.. Phinney
had had one or two very sick spells during
the last five or six years. Once his family
thought him dying. Don't know what allied
him. He was unconscious a few moments.
Don't know that his symptoms resembled
those of his last sickness. Didn't have con-
v~ulsions the first time. 1t was more like
fainting. l don't know whether he kept
poisons either for sale or at the house. l
have talked with young Phinney about
poison since the death Of deceased. The
morning after that event DR.. Lathrop and
young Ben. came into my house. Doctor
said he had been constantly thinking of the
case; had consulted with DIR. Moore about
the symptoms, and they had come to the
conclusion that deceased had died ofstrych-
nine poison. He said he came over with
young Phinney, TO talk about the propriety
of going into the store to search for poison.
[ as ked Ben if he knew of his ather's keep
ing poison either in the store or about the
house, for sale or otherwise. He said he
did not. l talked with him again, after the
finding ofthe bottle of strychnine. | asked
him where it was found. He replied, in the
bureau drawer. Ben has never talked IN
the subject to me at any other time. | never
talked with deceased about poison.
Mrs. Catherine u. Freeman recalled
Mr.. Phinney brought the bottle of strych-
nine into my room etween seven and eight
o'clock in the morning. He said he had no
scruples whatever as TO taking a few grains
of stryehnine internally. l don't remem
Der that he said anything more about taking
it himself, although he had taken it quite
often to alleviate pain. He advised me to
swallow a little, as well as to make an ex-
ternal application of it. In this connection
it was that he said he should nave no Hest
tation in taking it himself, or using it in his
family. l found him subject to periods of
dependency. His temperament was pc
culiar. objection was made to the ques-
lions.
Cross examination Mr.. Phinney said he
got this s%trychniue from his store. Benny,
/ should think, was about fi9een years of
age at the time | boarded there. thought
the family used strychnine very carelessly
for killing rats. was asked to superintend
the use OF it, and assisted sometimes in using
it.
The question was asked~if the witness
kissed defendant in the court room on meet
ing her. Objection was made. Objection
overruled.
Witness testified that she did not kiss her.
At this point the counsel for the defense
stated to the Court that there were not pre-
sent the witnesses whom they could call in
the desired order, and asked for an adjourn
ment of the case to Monday in order to pro-
cure said witnesses, and also to give them,
as well as the prosecution, an opportunity of
attending the Court of Common Pleas.
Among the absent but desired, witnesses
was Miss Clara Ayres, concerning whose
alleged conversation with Mrs. Phinney,
the afternoon previous to the death of Mr..
Phinney, they wished still further to cross
examine her.
The Court on being informed that the
prosecution had nc more witnesses to ex-
anime, stated that they (the proseeution(
had failed to make a case against the de-
fendant; that the fact had been established
that the deceased cam to his death by
poison, but whether taken voluntarily or
accidentally by himself, or administered to
him by another, had not been shown; that
the circumstances of the death were still
wrapped in as deep mystery as before, but
that it had not been proved that defendant
was privy to the death of her husband.
The Court, therefore, felt bound to order the
discharge, without bail, of the defendant
While the Court was making these state
ments Mrs. Phinney was SO wrought up
hat she did not appear to comprehend the
situation. But her counsel Immediately
turned and said to her, "You are dis
charged" She burst into a food of tears,
and, as she swayed to and fro in her chair,
exclaimed, "Oh, my God ! my God" She
was Immediately approached by an excited
bevy of men and women who, an instant
before, had applauded the finding of the
and who now escorted Mrs. Phinney
to the witness room. She was still sobbing
violently, apparently needless of those con-
graduating her on the result of the exami-
nation, so completely was she overpowered-
The examination has been a searching
one, having consumed three days and a
half. The prosecution for the State was
conducted by R. B. Dennis, Esq, City At
torney, assisted By Messrs. A. J. Marvin
and J. J.. Elwell. These gentlemen were
uniformly courteous and c~onsiderate of the
feelings of all parties, while they bated no
effort in the thorough performance of their
duty to the State. Samuel E. and Joseph
Adams, Esqs., stood between the defendant
and the preiudices of the community, to
which she had been made subject by sus-
picion and the act of her arrest. They de
Tended the accused with great tact and
ability, and had more than mere law
yers' qualification in procuring for their
client vindication by the Court and rein
statement in the favorable opinions of So
ciety.
1t is altogether improbable that the public
will ever pierce the mystery involving this
case and learn the real facts thereof. But
the most plausible theory of the affair ap-
pears to be this, that the deceased commit
ted suicide. And in this connection We will
be pardoned by an audience eager and in
dulgentH in this matter, for reproducing, in
substance, the statement of Mrs. Phinney,
as made to her counsel. It may be taken
for what it is worth; and with whatever al