The Bloomfield times. [volume] (New Bloomfield, Pa.) 1867-187?, 1871-01-17

evening, but did not miss the Chloroform
until Wednesday evening II contained
DIR. Ard says about u OF. (The judge here
rscitcd the testimony of John Bousc, DR..
Ard and Isaac G. Black which was pub
lshod in full in the Times of last week.
In addition to the evidence to which
have briefly advorted, the commonwealth
" show the motive of the defendant, has
given evidence of the circumstances of the
deceased. That John =. Boyer and his
wife owned real and personal estate worth
between seven and eight thousand dollars,
and that the surviving heirs were two
brothers and one sister. That the defen-
dant was involved in debt, pushed for
money, and had forged his fathers name
as his security on notes for which hc had
obtained the money.
On the part of the defence, the theory is
that tho fire was accidental that there is
no evidence that the bottle of Chloroform
was taken from DIR. Ards Office by the de
fendant; that the evidence amounts to
nothing more than vague surmise and con-
lecture ; and that the evidenc of the ply
sicians show it to be very improbable and
not all likely to happen that person ig-
norant Of the manner of administering
Chloroform could so place y ounces on
the tloor or on the bed clothing, sufficient
ly near the respiratory organs, as to cause
insensibility, without awaking every one of
the four persons sleeping in the room. 1t
is urged that the theory that the fire re-
suited from accident is clearly sustained by
the evidence that the oven of the cook
stove being filed with wood when the fam
lily retired to bed, it is natural and probable
from the result, to suppose that the wood
may have been igpitcd by the heat of the
al md ,,rl,o
perfectly on fire and partially consumed,
the burning wood and Goals falling from
the oven upon the carpet and floor, for the
evidence is that the stove was on blocks on
the carpet, the floor would now be on
fire and the fire communicated to the dry
pine partition close to the stove. IL is n
known fact and it is proved by all the
chemists and physicians examined in this
case, that combustion generates Carbonic
acid gas and Carbolic oxide gas, both Of
which are poisonous and will destroy life !;
that carbonic oxide is n deadly poison and
When inhaled will cause death almost in
simultaneously. The family sleeping room ad-
joined the kitchen and u door opened from
the kitchen into this room the evidence is
that the habit of the family was to leave
the door open the partitions in the house
were all of pine boards not plastered.
Under these circumstances the testimony
of the chemist and physicians examined ON
the subject, is that the smouldering wood
in the oven of the cook. stove. the burning
floor and carpet, and the pine partitions
near the stove, which would probably be
all on fire before the fire reached the par
tition between the kitchen and sleeping
room might readily generate the poisonous
gases, sufficient to cause death, before the
flames entered the room, and that there was
nothing singular in 4 persons being consum-
ed in burning house, without struggle or
attempt to escape. In addition to the scien-
tiiic evidence on this subject, you have the
positive evidence of three persons who have
witnessed this fact.
William Harry states, in lS40 in Shir-
leysburg, he was present and witnessed the
fact of three persons suflOcatcd in their
beds in burning house before there was
any fire in the room in which they were
sleeping. George Shick states that in 1859,
in Indiana, he saw man and his wife Suf-
focated in u burning cabin; that he broke in
the windows and saw them in bed perfectly
lifeless, the husband was lying in a natural
position and the wife with her head on her
huSband's s shoulders and 30 fire at the bed
that after falling to arouse them and being
satisfied that they were dead, he stood at
the window saw bed-clothes take fire at the
foot of the bed, and they did not move, which
satisfied him that they were dead when he
first saw them. Mrs. Updegrove Of Rock
vile, Dauphin county, testilies to six per-
sons, husband, wife and four children,
being suifocated in n burning house in
Rockville, in 1916 and no fire in tho room,
and all apparently persisted in their beds
except the wife whose remains were found
near window.
This evidence makes tho fact that the de-
ceased were found lying side by side, rs
they would be i'll Sleep of little value in
in proving that they were insensible from
the effects of ChlorolOrm, which prevented
their escape from the burning house.
AS to where the fire originated, the ev-
dence is contradictory. While the evidence
on the part of the Commonwealth tends to
show that the fire originated in the south
east corner, the evidence on the part of the
defendant tends to show that it first com
menced in the southwest corner. Mrs.
Lesh says that when she first saw the fire ii
was running up the southwest corner OF
the house and soon after the roof of the
little porch over the kitchen door mt the
southwest corner was ON fire, and no fire
was coming out Of the windows of the
sleeping room so that the evidence as to
the origin Of the fire is conflicting.
On the subject of the prisoners conyer-
sation with DR.. Ard about replacing the
bottle of Chloroform, defendants counsel
argue that from a conversation with DR..
Sweeney defendant was pressed with the
belief that the missing bottle OF ChlorO-
form might result in his conviction although
innocent that greatly depressed in mind
from the loss of his parents and tortured at
the enormity of the crime with which he
was charged, the murder of father and
mother, and little brother and sister, which
the evidence shows he loved SO well, his
mind possibly partly unhinged incapable