The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-18
DR.. BeardSley Testifes Touching the
Death of Sherman.
YOUNG HORATIO'S STATEMENT
DIR. Pinney Saw that Lydia's Illus
band Had Taken Arsenic.
THE PLOT THICK EMS.

| was soon alter brought III ny oncrlH SCOtC WHO
gave her a seat between her counsel at the table.
! She was dressed the same as on the previous day,
and was accompanied by her brother, Mr.. Dan
bury her br0ther-in-law, Mr. Nafey, and Mrs. Nafey,
her sister, who sat by her yesterday. John Struck,
her son by the New York policeman, who is an
oyster dealer in Boston, appeared in the
court room, and, taking seat little
in rear of her, watched the proceedings
closely. Judge Sanford gave his decision
upon the points OF law raised yesterday, whether
the evidence Of the poisoning Of Sherman's chill
dren and Hurlburt could be admitted and 1t was
adverse to the claims Of the State. The Court
said:-
! My own very strong conviction, after careful
| consideration of the arguments for and against the
| introduction OF the testimony and an examination
OF the authorities is that this testimony which the
! State now proposes to offer is not admissible for
the purpose for which it Is offered suppose there
Is no principle of law better established than that
that you cannot introduce evidence Of previous
crime for the purpose of showing that the
prisoner is guilty of another distinct crime. 1t is
| true there are perhaps strong moral reasons In
favor of the admission of it,; but this Is not the kind
| Of evidence upon which we are to try the case. 1t
must be upon legal evidence that a prisoner must
be acquitted convicted. There is no principleor
| law, so far as can discover, which permits the
| introduction OF such testimony.
J. IT is CLAIMED FOR THESE REASONS.
FH-St-TO show criminal intent.
Second-That she had within her control the
means with which to poison her victim. Ii seems
| 10 tnaU tnlS uOcS not amount TO evidence. The
fact that she had under her control year ago
poison does not show she had it under her control
yesterday
Thiy'd-It Is claimed that she had the knowledge
OF the properties OF the arsenic 1t Is not necessary
| for the State to show that she had knowledge OF
the character Of the poison 1t seems to me that it
all comes to this, that it is for the purpose of
| showing that the prisoner, who would commit such
q crime as this, would commit the other, and,
therefore, the jury would be influenced in their
verdict. The admission Of the evidence Is contrary
to every known principle OF law and, therefore, we
ings; but questions may he raised hereafter
that will permit it to be put in.
Judge Parks said he fully concurred in the opin--
ion or his learned associate and deliberately cited
rulings on the points raised. The State conse-
quently abandoned the evidence and confined their
inquiries to the death OF Sherman
The following is continuation of the evidence
for the prosecution
DIR. BEARDsLEYS TESTIMONY.
DR.. Ambrose Beardsey, family physician, re-
called-1n my testimony yesterday, where spoke
OF the construction of the throat, meant to say 1t
produced whisper, or, in other words, he lost his
| voice; this was on Wednesday evening; he con-
stanty complained of it and appeared to be
! choking
| q. Did he take anything other than sling by way
OF nourishment? A. He took tea, bread, water and
| thin Cruel; the effect the stomach was very
bland.
| q. In any OF these, If arsenic were mixed, would
1t be perceived by the patientY A. 1t would not in
| an ordinary poisonous dose.
q. Was Sherman able to sit up az any time after
you calledY A. lie was not; he was pros. ndm,
from the first; did not see nm OUT OF a.. recuin
WHAT was n he phys as man Of fine
physique and enduring constitution, very little i'm
paired by his habits, and should say strong, mus
| cular man.
Q. How od9 A. About forty-fve or fortysix;
| cannot tell exactly.
| O. What was the condition OF his mind during
his illness? A. During the whole of it remarkably
clear and collected; could not see that 1t wan
| 1nrnh OF anu tin1n NOT in GRO nf nIr
q. What were his habits9 A. He used to have
spells OF drinking to excess In the last few years ;
except his drinking know of nothing to affect his
constitution.
Q. How frequently were the spcls2 A. Not often,
to my knowledge; he would go for months with
O. What were his spirits-desponding9 A. Rather
| jovia; never saw him respondent except when
under the influence OF liquor.
| q. How did dependency manifest itself? A. BY
being embarrassed, and in financial matters be-
lieve.
cRoss.ExAMINED BY Mr. wATRous.
.. BY his embarrassed condition? A. Yes; he
| talked about II great DEAL
q. You were sent for to go there on Tuesday-by
! whomS A. think his son came after me- the order
was on the slate; was told that Shermans son was
| looking for me, as his father very sick
q. You were met by Mrs. Sherman? A. Yes.
:. q. She appeared gratihed at your coming ? A.
| Yes: we had a talk together; don't recollect
| whether Hubbard was there or not my impression
is he was not; i was at the time of the first visit
on u chair between the bed and the wall think my
| attention was not called to the contents: Mrs
sherman said he had been vomiting nearly all night
O. Did she not say she had saved it to let You see
the horrible stun that came or his stomach ? A.
she may have said so, but do not recollcct It: 1t
was not horrible stun; 1t was healthy bile more
than vitiated bile; she may have said she had saved
the bile; think she did, but win not be positive
O. How long had it been or his stomachS A. He
had just finished vomiting as ] entered, was
told. - NJ. - \
o. Was there another time when your attention
was called to the character Of the vomiting by Mre.
Sherman some one else2 A. don't recollect.
Q. Mrs. sherman may have done so? A. She may
O. You testified in this case before the Magistrate
in birmingham a. did. M s4 sse.t ri
O. Did you there attempt to give history Of his
sickness and what passed during it2 A. did.
q. When, after your first visit TO the bedside you
had an Interview with her and asked why she gave
A. 81 have already had trouble; he has spent from
| control him."
! O. Did you state that before the magistrate ? A..
@. How long after his death did you testify before
the magistrate Was II little less than two
monthsy A. Yes.
O. How long is it now since his death A. Nearly
Did pc y "ua tell %ny Ms Sherman that you
going to tell him he could not have many more
without being taken orY a; have some iant
to her that would speak TO sherman before he re-
covered we very often tell people that they viii be
| taken of when do not mean 1t: his habits were
bad do not recolect that made her promise
to talk with him on the subject
q. Did she not say at that interview that he had
not been on that spree with her money! A. No; l
do not recocct that such declaration was made by
| her.
o. You was there daily during his illness9 A.
Yes; sometimes twice a day; promised her Tues
day at two O'Clock r. NJ. would return early in the
evening OF that day, but did not get around early
| although somebody came for me.
O. Mrs. Sherman was attentive and devoted to
his welfare, was she notS A. As far as could see
she was.
o. Did you prescribe tea, bread, water and cruel ?
A. She asked me If a little tea would hurt him;
| ordered bread water and cruel and either pre-
| scribed or concurred In the use OF tea
q. You FIRST prescribed morphine and blue pill 2
| A. Yes.
q. What else during his illnessp A. A weak So
luton OF ipecac with aromatic to allay rurping,
| the purGative pill was mostly alOes ana rhubarb
| and one grain of the extract OF mandrake; the
| blue pill is mostly mercury, 1t is mild form Of
mercury: don't recOect the exact ingredients.
| q. What quantity OF arsenic IL sufficient to pro-
dnce deathS A. From three TO five grains; there