Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-02-27

W. hOtiCcu as " baAho
the arrest and indictment Of DR.. Hosea w.
.ibbey, of this city, for manslaughter, he
having been charged with causing the death
Of Mrs. S. j.. Houghton, a young woman
twenty-three years of age, formerly OF
Massachusetts,, but latterly of Wellington,
Lorain county, Ohio She was manipulated
by him, as the evidence given below shows,
on the SOth of last December, and she died
at Elyria on the 4th of January We ap-
pend the finding of the Grand Jury in the
following
THE STATE OF ONO, a.
CUYAHoGA COUNTY,
Alta term of the Court of Common Pleas,
began and held at the Court House in Cleve-
land, within and for said County of Cuya-
hora, on the 18th day of February, in the
wear of our Lord 1866, the Jurors of the
Grand Jury of the State of Ohio, and of the
County of Cuyahoga, good and lawful men,
then and there returned, tried, empanneled,
sworn and charged to inquire within and for
the body of the County of Cuyahoga, at the
term ,foresaid, upon their oath aforesaid, in
the name and by the authority of the State
of Ohio, do present and find, that Hosea w.
Libbey, late of the County aforesaid, on the
18th day of December, in the year
of our Lord 1866, with force and
arms at the county aforesaid, being then
and there engaged in the commission OF an
unlawful act, to-wit: The unlawful act OF
then and there unlawfully using and en-
plcying a certain instrument, the name OF
which said instrument is to the jurors aiore-
said unknown, by then and there forcing,
| thrusting and inserting the said instrument
- II --.-oEo -o-fu Of Snnha /
| Houghton, and into the body and womb OF
her the said Sepha j. Houghton, she the
said Sepha J.. Houghton being then and
there a pregnant woman, with intent then
| and there and thereby to procure the mis-
| carriage of the said Sepha j. Houghton, the
| same not being necessary to preserve the
life of the said Sepha j. Houghton, and then
and there not having been advised
by two physicians to be necessary for that
purpose in and upon one Sepha J. HOugh-
| ton then and there being, and into the pri-
vate parts of her the said Sepha J. Hough-
ton, and into the body and womb of her,
the said Sonia J.. Houghton, q certain IN
strument, the name of which said instru-
ment is to the jurors aforesaid unknown,
which said instrument he, the said Hosee
w. Libbey, then and there in his right hand
had and held, did then and there unlaw-
fully, without malice, and while he, the SAID
Hosea w. Libbey, was, so as aforesaid en-
gagged in the commission ofsaid unlawful act
force, thrust, insert and putt and that he
the said Hosea W. Libbey, with the iDstru-
ment aforesaid, SO by him, the said Hosea
w. Libbey. in his right land had and held
as aforesaid, by the forcing, thrusting, in
serting and putting of the said instrument
into the priyate parts of the said Sepha j.
-Houghton and into the body and womb Of
the said Sepha ]. Houghton, while he, the
said Hosea W. Libbey, was so engaged as
Aforesaid in the commission Of said unlaw-
full act, the private parts OF her the sad
Senha ]. Houghton and the body and womb
of the said Sepha ]. Houghton did thrust,
strike, penetrate, cut, lacerate and wound,
thereby, then and there giving to her, the
said Sepha j. Houghton, in and upon the
private PARTS of her the said Sepha J.
Hourhton, and in and upon the body and
womb of her, the said Sepha j. Hough-
ton. six mortal wounds of the
depth of six inches each, and of the
width of one inch each, of which said NOR
tai wounds she, the said Sepha 5. HouSh-
ton, langulshed, and la~nguishing did live,
and of which said mortal wounds she, the
said Sepha J. Hougkton, afterwards, on the
fourth day Of SANITARY in the year OF our
Lord one thousand eight hundred and
sixty-six, at the county of Lorian in the
said State of Ohio, died and so the jurors
aforesaid, upon their oaths aforesaid, do say
that tho said Hosea W. Libbey, her, the
said Sepha J.. Houghton, in manner and
form aforesaid, while the said Hosea W.
Libbcv was SO as aforesaid engaged in the
commission of said unlawful act, dld un-
lawfully, unintentionally and without ma
lice. xiii and slay, contrary to the form o.
the statute in such case made and provided
and against the peace and dignity OF the
State of Ohio. MARSHAL S. CASTLE,
Prosecuting Attorney.
} The case was called in the criminal brancf
} of the court, Judge Bolton presiding, yester'
/ day morning. The prisoner plead not guilty
, to the Indictment. Prosecuting Attorney
M. S. Castle and Charles W. Palmer, Esq.
appeared for the State, and Messrs. s. L
l Adams, of this city, and c. W. johnson, o
Elyria, for defendant.
We give below a condensation OF the evl
dence taken Yesterday:
/ THE DEN
Mrs. Amelia R. HeTrick sl0orh: Lave II
{ Wellington, and knew Mrs. Houghton
, Came to board with me October 9, 1863, an'
remained till last SATURDAY in December
! when she came to this city. She ran a sew
. ing machine in Levi Bowman's tailor shop
Was steady, industrious, healthy, robust
and about twenty-three years old. DIED OF
. Thursday after she left my house. Seemed
! sad the morning she left. l was satisfied a
3 10 the nature of her mission or the occasion
of her visit to Cleveland. Had hal morn
ing sickness and had symptoms of approach
ing maternity. go,
! MARY L.. Mason, srorH: Am thirty-eigh
4 wears old. Live in Elyria. Lived in Wei
i ~iington the past twelve years until last Sep
TENDER. Had known Mrs Houghton nearl'
, one year. Died in my house, in Elyria
l January 4th, 1866. She went to my hous
on Saturday, December 3Oth, going witt
: me from this city. Saw her the Wed
, nesday before at Mr.. Bowman's shop il
Wellington. Andrew J. Brown was presen'
Q [ stayed till Thursday morning. Hat
: agreed to meet her at the City Hotel her
on Saturday following. Found her there a
three o'clock p. ". Both went to DR. Lib
bey's Office. 1 said, "Here is a young wo
man in trouble who wants 10 see you. ID
bowed his head and escorted her to q llttl
room, locked the door and remained eigh
or ten minutes, when he came out and | pu
r some money into his hand. He bowed HI
e head to me to go in the little room. Ha'
i known DR.. Libby two or three years. IL
claims to be a spiritualist n Doctor
Found Mrs. II. sitting on the foot end OF
lounge. When the Doctor appeared at tn
door he had in his hand al instrumen
made of gutta percha and silver, whicl
he had been washing. Mrs. IL. dress
ed herself. and when we passed GU
l asked Doctor L. if she woul'
J need to come again. He nodded "No
i very earnestly. We went directly to tn
g depot, both walking, and took the o'clecI
$ P. NJ. train. Mrs. H. complained OF feeltn.
! faint, but hadn't time TO get tea. In tn
= ear l arranged her r~eticule, and she laid he
head on that. She complained of beinI
sick and faint, ven into saloon three times
vomiting between whites. Was worse OF
:: reaching Elyria. Was assisted off the tran
and to my house, not far off. Got home
: little after five o'clock. Grew worse. Thi
was Saturday. On Thursday morning a
: nine o'clock, DR.. Park was called in. Sh
j was up more or less every day. Cant sa,
whether she had a miscarriage. Die,
o Thursday afternoon, Jan. Attn.
Cross examination !: When left home to 6
Wellington, Wednesday, December 9th,
] did not expect to see Mrs. H. in particular
Think she knew l was coming. l had sen
word to Mr.. Brown that l would be there
e Expected to see her somewhere hat day
Mrs. H. was up twice every day after sh
came to my house at Elyria; sat up even
: ings in chair did not work; she took som
I potash first Monday evening, feeling sicl
and having a headache. Took a tea spoon
full of the solution at a dose, once in four o
five hours. Gave her none after Tuesday,
B think. 1t helped her. Tuesday evening
!, gave her some pennyroyal tea n Wright
e o...Ak1on ;Iis NofhinC also expent wha