Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-01

the horse, and then returned for the trunks
and his wife. There was no one at
home after he started back, but Ben,
Clara Ayres and /. When they returned,
father called to me to come and take her
things. l was up stairs, crying, because l
felt bad that he had got married. l went
down and acted as kindly as | could. From
that time to fathers death l treated her
well. No arrangements had been effected
by which Miss Giddings should come into
my fathers house as superintendent
Objections were entered to this kind of
testimony. The counsel for the defense
claimed the right to develop it, to show the
manner in which the minds of the children
had been poisoned by outside parties, and
to make transparent the real relations be-
tween them and the accused, and the man
ner of their treatment of her.
The Court ruled that if any liberality
should be allowed in such a case, the in
diligence should favor the defendant.
Witness continued I had no other reason
for not going down. Ben. and l had talked
about fathers marriage after he went away
east. I have never said that l didn't be-
lieve they were not married. l had not
talked badly about my mother to the neigh
bors. told Miss Giddings and Miss Bar
mum that she called me a thief. l had told
several tina 1 didn't like her. They said
that I might learn to like her. l don't
know how many times l have told
them l didn't like her. At the funeral my
mother wore Mrs. Gidding's bonnet, and
Miss Lottridge's furs. A dress was made of
stuff out of the store. Father died Friday.
The post norton examination was held Sat
urday evening.
AT this point the court adjourned to meet
at two o'clock in the afternoon.
On the meeting of the court Alta Phinney
was recalled, and answered a few mimpor
tant questions.
TESTIMONY OF Mr.. BURLIsON.
4. z. BprLiSOn. SicorR ! reside in this city.
| vent to the house of the deceased with
Judge Abbey, DR.. Moore, Mr.. Marvin and
Squire Dean, a week ago to-day-Thursday
of last week. We went into the store, and
Judge Abbey made known TO young Phin-
ney the business of the party, To wit TO eX-
anime the house. We then went into the
kitchen. Mrs. Phinney was in bed in her
bed room adjoining. The Judge went to the
door of her room, and said that Mr.. Phin-
ney had been examined, and that his stom-
ach had been found to contain s~tTychnine.
and shat some one was guilty of murder, or
he had committed suicide. He had
told her before that he had come
TO ask questions concerning deceased, but
she need make no answer which would
make her liable. She said she would get
up, on his asking her to do so, and said she
expected something of this kind She got
up and went into the kitchen, and handed
the keys of her private property to Judge
Abbey. The Judge CAV me the same. 4
conversation with regard to her cOurtship,
ETC., ensued with Judge Abbey. DR.. Moore,
Squire Dean and witness made an examin-
alton of the house, beginning in the bed
room adjoining the store, and searched the
bureau there. They searched all the draw
ers but one, a small one, which was locked.
The others were unlocked. The KEYS weuld
not fit the small drawer. They then went
into her private room, adjoining the kitchen,
and searched a bureau there, finding four OF
five KEYS in one of the drawers. left the
latter keys in that room. We then searched
her clothes press, the pockets of her dresses,
ETC., and found nothing. After n went
into the first mentioned bedroom again, and
Squire Dean searched the small drawer,
which he unlocked with ono of the keys Of
the last found bunch. They then went into
the store and talked about going home
Witness asked D. to return with him to leave
the KEYS where they were found. Returning
Mrs. Phinney entered the room and said she
wanted to see me a few moments. Mr.,
Dean left. She said she wanted to tell the
truth of her history. | asked her if she had
ever seen Mr.. Phinney, in their travels, &c
into a drug store. She said, "NO | don't
believe my husband ever poisoned himself
Something was said about s%tryehnine
Whether | asked her if she hal ever seen
any ~slryehnine, or if any was kept about
the house-ina not positive that | asked
these questions-she said that Mr.. Phinney
kept druggists pills, medicines and strych-
nine in his store. At this time l was called
to return to the city, and left.
Cross examined | went out to make the
search at the instance of Mr., Marvin and
prosecuting Attorney Palmer Defendant
replied in substance, as | thought, that she
was willing to submit to any search, or to &c
along. The Judge had told her who he was,
She handed three keys to the Judge. When
witness first saw the vial of strychnine il
was in Mr. Marvin's hand. He said. Bur
lisOn, here it IS" The second lot Of KEYS
were single, i. e., loose and unconnected, in
the top drawer, with various other things.
The key which unlocked the small drawer
was one of the string of keys which Judge
Abbey got from the defendant.
Judge abbey, sloorH On arriving at the
residence of deceased, | inquired for Mrs.
Phinney. She was not well, and was still
in bed. l went to her bedroom adjoining
the kitchen. She sat up in bed, on our en-
teTing, when l told her who | was and what
was our business; that it was of serious
moment to her particularly that the con-
tents of her husbands stomach had been
analysed and found to contain a large
amount of %strYchnine. She said: 81 have
expected this. l am ready to go and trust
the result to Providence" | think these
were her words. l told her We had come to
examine the premises. She gave me three
keys, which she said would open her trunks,
drawers, &c, tied together with black rib
bon. | found out about her history, court
ship, &c. / cautioned her about saying
anything which would entrap her. We
went out, and she soon got up, dressed and
went into the kitchen. Mr.. Marvin
took down in writing the history of her
acquaintance with deceased. The vial Of
strychnine was found by Mr.. Dean, | be-
lieve,he having opened the little drawer with
a key. He unrolled the paper around the
vial, and said, Here it is" \ little stick
or splinter was in the vial. 1t looked as il
it had been dipped in water and put back,
for the powder adhered to it. The vial was
found in the bureau in the bedroom where
deceased died. This room was not then oc-
cupied by defendant.
TESTIMONY OF Mr.. DEAN.
LuciHs Dean, SlCorH reside in ROckport.
Was present at the time the search of the
premises of the deceased was made. a
small vial of strychnine was found in a
small drawer of the bureau in room occU-
pied by deceased. This drawer was opened
with a key which I found on the dining
room table. II had been left there by
Mr.. Burlison. The vial was in the back part
of a little drawer, with soap, razor, and
other traps. l was one OF the appraisers
of the property of deceased. In the search of
the bureau, at the time of the appraisal, We
examined the drawers carefully, and did not
find the vial. A smaller vial i0aS in that
small drawer, but not the vial of strychnines
Cross examination: There were several
articles in that drawer. We did not take out
all ~thecontents, but we examined the drawer
thoroughly. Am not certain whether | passed
my hand into the back part of the drawer.
/ have known deceased many years-say
thirty fve years. We found at the appraisal
some patent medicines. This woman is said
to be his fifth wife. Don't know that he had
fits of dependency. He was a man ofveryre-
served habits, more reserved ateertain times
than others. He was a robust man, and Of
general good health. l don't know whether
he ever kept poisons.
Darkness put an end to the proceeding,
m the court adjourned till ten o'clock
this morning. The case will, in all proba-