Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-11-30

FIRST DAYS EXAMINATION.
TESTIMONY NOT CONCLUSIVE.
Appearance Of PriSOnCrin Court.
The case of Mrs. Amelia Hagedorn Phin-
ney, charged with poisoning her husband,
Benjamin Phinney, an old farmer and mer-
chant of Rockport, on the 9th of October
last, was called in Police Court at two
o'clock yesterday afternoon. As Judge Alb
hey is a witness in the case, his Honor the
Mayor, II. NJ. Chaplin, presided. r. I. Den
mis-, City Attorney, conducts the prosecu-
ton, assisted by Messrs. EIwell and Mar
vim Messrs. S. E. and Joseph Adams ap-
pear as counsel for the defense.
We have already detailed certain admit
ted facts in the case, and made statements
with regard to the parties which it may be
well, perhaps, briefly to rehearse. The de-
ceased was an old and esteemed citizen
of Rockport. Being a widower, he had the
natural desire. of men at his advanced age to
marry again, and opened a correspondence
with a womanin an intelligence office in Al
bany, N. Y, with reference to a suitable
woman for his fifth wife. The defendant
was made known to him by letter, and a
correspondence ensued, which resulted in
his going to Albany in September last. The
visit was only a stepping stone to marriage.
Deceased returned to his hore uiG New
York, where he purchased some goods. He
apparently lived happily with his new wife
about six weeks, but on the morning of the
9Th ult. was taken suddenly i'll and died,
as will appear in the testimony given below.
There was nothing in the evidence taken
yesterday which would tend to fasten the
| crime on the accused. Mrs. Phinney APP
peared in court, and was the center of obser-
walton. She is a harmless looking woman,
apparently thirty to thirty-fve years ofage,
and is the last person one would take as
having the nerve to commit such a crime as
that laid to her charge. She was dressed in
deep mourning, and at different stages of
the examination was affected to tears. She
Is of Dutch descent, and has more the ap-
pearance of a person of quiet household
disposition, virtues and habits, than
of a woman of passion, given to such schem-
ing for possession of an aged husbands
property as has serpent play in fifth rate
novels. Indeed, she does not seem possessed
of sufficient force and intelligence to be a
plotter of such mischief as that charged
upon her, and if she be the guilty party, it
must be confessed she is playing the .ole
with admirable skill.
Only five witnesses were examined yes
terday. We append the substance of their
statements:
TESTIMONY OF R. BATES.
Robert Bates, sworn l reside in Rock
port, next house to Benjamin Phinney.
Went for Doctor. Gone twenty minutes.
His testimony chiefly concerned the fact
of the death of the deceased.
TESTIMONY OF B. =. PHTNSEY.
Benjamin r. PhiaRcy, stcorp I am a
son of deceased, and reside in Rockport.
On the morning of the 9th of October; l
arose as usual and went out to work. 1t
ldlllSuJ II 1 bbVDIfGu III Nv ~
there, my father came out TO milk as usual.
He went into the house with the milk, and
in a feW moments the hired man and | went
into the lot to work. Had been out from
half to three quarters OF an hour when we
heard a scream at the house. In about two
minutes, a neighbor, Mrs. Robert Bates,
came to the lot and called me to the house.
Went in, and my sister, Alta Phinney, was
walking the floor, sobbing. / went into my
fathers bedroom, and found him lying on
the bed in spasms or commissions. His wife,
Amelia Phinney, was bending over him,
sobbing. l took off his neckerchief.
Robert Bates followed M to the door of the
house and left for the Doctor. In about an
hour, Dr.. Lathrop, of Dover, arrived. My
father had nearly come out of the first
spasm by the eXertions of severalneighbors
who had come in. Doctor gave some medi-
cine, but my father soon went into a second
cqnYulsinn-Ie said while going. into il.
Don't let me die so hard" | think his
wife was present all the time, and appar-
emily did all she could for him. He died
in the second spasm, and about ten o'clock, l
think, in the forenoon.
Cross examination: Ny father appeared
in his usual health when he came out to
milk. He said nothing. He was not a man
of very social disposition. He occasionally
had the blues. lie was sixty years, one
month and ~twenty-nine days old. l was
twenty-ohe years old on The 23d of last Au-
gust. My father had been married to Anne
liza about six weeks. He came home from
the East sometime in September. When he
went East he was gone one week, leaving
home on Monday and arriving IN Sunday.
Came home alone afoot, as he said. In two
hours after he got home on Sunday he took
a horse and buggy and drove away. He re-
turned about SHUTDOWN, with Amelia. They
lived together about six weeks. To all ap-
pearances they lived pleasantly together.
TESTIMONY OF A. AyREs.
Arnold Ayres, s,corn; I reside in Rock
port. l was present from fifteen minutes
after deceased was taken sick till he died.
A nunber of persons wore rubbing the
limbs and person of Mr.. Phinney. Mrs.
Phinney was lying on 2 bed in a foom back
of a stove. When DR.. Lathrop came, all
stopped work. His version oCthe sickness tai
lied with that of preceding witness. In the
last spasm the relatives of deceased were
sent for. Mrs. Phinney and the daughter
were called into the room, as Mr.. P. was
thought to be dying. Several advised a post
norton examination. Thought deceased
died strangely. l believe Mrs. Phinney OBJ
o'clock \. NJ. on Friday, October 9th, l be-
lieve. Had known the deceased about five
years previous TO his death. For two years
was one of his nearest ~neighbors. Lived
about a hundred rods from him, on a farm.
Deceased seemed perfectly ihsensible, ex-
cept when he made the remark, Don't let
me die so hard" Between two and four P.
NJ, Mrs. Phinney remarked to several in
the kitchen, referring to the post %HiorteDt ex-
animation and rather objeGting to it, that it
would be a hard job.
TESTIMONY OF DIR. THAYER.
DR.. Proctor Thayer, SUoyg,: Mr.. Benjamin
Phinney's brother called on me the day
after the death of former, to make a post
norton examination. Made it thorough and
reported that | found no cause of death.
Young man Phinney wished me to take the
stomach to Cleveland and subject it to
chemical analysis. Gave it to Prof. Cas-
sells who made the analysis. DIR. Lathrop
and l found the organs sound. There was
a little excess or increase Of circulation in
the brain. But this, thought,was due to his
mode of death. His organization seemed to
be in a perfectly natural state, the organs
all in normal condition. Made no examina-
ton of contents of stomach, merely tied it
up and brought it to Prof. Cassells. The
brain was not sufficiently vascular to pro-
duce temporary insanity.
TESTIMONY OF PROF. cAssELLs.
Prof. j.. LaRy Crssells, stoorR : l received
from DIR. Thayer the stomach of the de-
ceased, and gave it a thorough examination.
Nothing like food in the organ. I5was slight
II nNs--A-I -z.