The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-17


first sling on wednesday night, and left
directions for her to prepare those that admin
lstered during the night; Thursday morning Sher-
man asked me what thought of his case; told him
Twas afraid he had his last scknessthat the symp-
toms pointed to death; he said he thought himself
40 song 20 ic Isad to him did not under
asked, .'You have not been taking anything, have
you " he replied, mo, doctor, nothing except
particulars; can't recollect the wordl to do as
you ordered;' Thursday evening DR.. Pinhey was
1aen N rs consultation a being detained myself by an
house half an hour after his departure; the prisoner
handed me recipe the doctor had left; 1t was
mostly composed OF subnitrate OF bismuth ii was
for the stomach; / took the prescription to Sher
mans son told him to go to the drug store and get
II, but nothing would save his father; all sherman
took at night was Pinney's prescription and brandy
and water, very little OF which would stay on his
stomach; Friday morning after sunrise saw him
again; he was then in dying state, and
HE DIED ABOUT EIGHT O'CLOCK A. NJ
without any relief by the bowels; there was very
apparent symptOm-the livd appearance OF the
skin, especially under the eyebrow; there was a
slight eruption Of the skin; the symptoms under
ued: all these leading symptoms correspond to
ymptoms originating from
ARsENICAL POISONING;
the symptoms which in arsenical pOsOn-viz: purg-
ing, delirium and convulsion-are usually present
were absent in Shermans case between nine and
ten Friday morning, on the day OF his DEATH Dir.
Pinny came over to the village, called at Mr..
Peck's,. where was detained, and called me out;
we had interchanges of opinion as to Sherman's
death; gave him history of the case my opinion
/ hesitated to give, and determined on post-mor-
analysis Of the contents Of the stomach; Tsent a
note by DIR. Pinney to the prisoner requesting,
her family physician,
OF the body; without receiving the note she readily
assented to the proposition; DR.. Pinney then pro
mortem made Saturday morning, May l3 1871,
about ten O'Clock DR.. Pinney, DIR. Shelton, Of
at the n:'s we G first s
body externally; 1t presented no unusual appear
ance from that which might be attributed
to ordinary disease; the examination commenced
in making two incsiOns over the stomach and cut
ting up the ligaments; the stomach and duodenum
or lesser stomach, were the two organs first re-
moved; the stomach seemed to be empty, except
by some traces OF gas; passed igature around
tie upper orifce, letting escape little gas, and
then the lesser stomach also firmly gaturcd
and removed from the body; we examined by ma
nipulation as far could and discovered patches
OF Inflammation; thought there was
uLCERATIoN OF THE STOMACH
also: these two organs were rolled up in new white
We're then put in fruit Jar that had never been
used; the jar and muslin procured new for
this purpose; we next came to the liver; that had
an abnormal appearances Dr. Pinney cut down and
removed good portion of the right and left obes,
including the gan bladder, about half the weight Of
Dr. Sheldon and attempted to put 1t in
the Jar; we could not get it in, and
in "' box and given to WIZ Dr. ' Sheldon lon,
with view Of having 1t taken to Professor Barker
we examined the intestine canals the large mites
ings showed marks Of Inflammation; / do not recol-
lect that this portion put in the box; the brain,
| thoracic organs and heart were not examined, be-
cause, prior to death, all the symptoms pointed to
trouble In the stomach and not to the BRAIN heart
lungs: what Sherman meant by Of his old turns
were sickness and vomiting after debaucl some
thing like cholera morbus; he said he had spells
of this kind.
Witness was proceeding to describe one of these
turns, when
MR.. wATEROUs DIRECTED,
on the ground that il foreign to the isSne He
supposed the aim or the inquiry was to show that
sherman was mistaken when he thought il an
old turn. He could not see what reevance it had
to this inquiry
The jury was then excused until nine O'Clock to-
morrow morning for the purpose OF permitting
DISCUSS POINTS OF LAW,
that the Court did not wish the jury to hear
the Court. May it please the Court-By arrange
ment of counsel, and so as not to prejudice the
proposition that we would otherwise have made to
the jury shall be made to the Court. 1t Is ques-
ton OF the admissiblity OF further evidence, ana
proceeded to detail the death. Of shermans two
children and Dennis Hurlburt by poison, and the
facts attending their sickness. He stated that
they proposed to ask for the admission OF
this evidence to show that all the
| oner; that she had poison in her possession and
knew how TO administer IL. The argument was
opened by Mr.. Gardner, for the prisoner who called
attention to the fact that there Is nothing in the in
| dctmcnt charging that she poisoned others than
Sherman; that she was now charged with one
showing that some other person had died
under similar circumstances He quoted nom
nal Law, section s44; starkey, page 4ic; Roscoe's
Digest of the case of the King against
Gearing page 93 In the latter evidence foreign
to the case, and showing that Mrs. Gearing had
murdered other members OF her family than the
for which she was indicted for, had been admitted;
but II was the only precedent for the sought
to be taken by the prosecution, and even this was
not parallel case. Counsel declared that In nearly
an cases where exterior evidence had been adj
IN q
produced as corroborative proof was admitted,
but in this there was such ad-
mission; on the contrary, deny that the death OF
the Others was caused by the accused. The counsel
cited the OF Mrs. Wharton, when the State
Attorney sought to show that Van Ness was taken
sick in the same house where Ketchuin died. and
the symptoms the same, and gave the rulings
OF the Court, which threw out the evidence. Coun-
sci claimed that the admission OF the evidence
would be dangerous, and establish precedent in
the State that would cause great damage. He did
not claim it to be inadmissble on account that it
would form premise upon which they can base a
conclusion OF guilt or innocence.
Judge Foster felt this to be a question OF vast
importance, and considered il to be mis- duty to
submit the evidence If this evidence be not ad
mitted he was free to say that there is no power to
convict prisoner, who must go scot free. do not
refer to case OF poisoning In the presence OF 9TH
ers, but in secret manner You use the ball and
il comes out to detect yOu use the stiiettO and 1t
stands against you: but poison tells no tale In
this the prisoner was the attendant and in one
case, the sole one, where two children OF sherman
and previous husband died. Have got TO stop
when show poison has been administeredr Have
not got to go further, TO show that II was not ac
cidentay administered, by showing that she had
administered it to others Can il be- Your Honor,
that this evidence is not admissible2 We have
right to go to the jury with anything that tends TO
prove the innocence or guilt OF the accused. II
show u case where the accused has administered
poison TO others by the same manner 1t goes to es
tabsh the fact OF her guilt and to show that In tlc
particular she Is trial for there Is reasonable
grounds to believe the poison was administered IN
tentionally. If there is necessity for variation
of rules they should be made. New rules are being
made every day; and when there are constant
changes in everything else new rules OF procedure
are required. II IL Is discovered that there
has grown up a mania for the commission
of crime that cannot be reached under old rulings
| new rules should be established that would put IN
end to or diminish crime. II there were never any
departure from established rules poisOner could
never be convicted IL there were living witness
of its commission Counsel read the case OF the
Queen against Garner, for poisoning, found In
2 Fosters Reports, pages 1867. In this the
evidence was admitted and the accused sent to
prison for life. Other cases were cited to support
the offer made to put in the evidence III the OF
the other witnesses, and asked the Count to be