Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1880-11-13
CIRCUMSTANTIAL EVIDENCE.
a Remarkable StGry from the lips OF
United States Senator Dan VOORHEES,.

the following interesting story OF re-
markable trial: | remember once de-
Tending, ut Charlottesville, lEd n man
named Owen, indicted for the murder OF
his wife by poison. 1t was twenty-odd
years ago. Owen was respectable
farmer in good circumstances, and .
consistent church member. He had
been twice married. He had several
children by his first wife; his second
was childless, circums' ance which
peculiarly affected her mind and tenn
per. She would not permit his children
to reside with her, and compelled him 10
find home for them elsewhere. She
had frequently threatened suicide in
consequence of these troubles.
One night Owen was awakened from
sleep to find her dying. He called in as
sistance and sent for physician, but
she was dead before any one arrive d.
Her sudden demise excited suspicion
and three days after her burial this was
communicated to him by friend, who
further informed him that arrangements
had been made to disinter the body and
investigate it.
Owen was greatly agitated ut this in
telligence, and, after q short pause, re-
piled eff this is done, and poison
is found in Kezia's stomach (his de-
ceased wife's Christian name), will be
accused of her murder, convicted and
hanged. But am as innocent of it as
that tree" pointing to one near by.
That night ne transferred all his prop
erty to son, disguised himself, and fled
the country. The body of his wife was
exhumed and an autopsy had. Enough
strgchnine was found in her stomach to
kill mule. There was a universal ex-
preston of horror at the discovery, and
Il large reward was offered for the ar
rest of the fugitive. After some months
he was found in Canada. where he was
living under an assumed name. He was
brought TO Charlottesville in irons. and
it was with difficulty thai his execution
by a mob could be prevented.
Joe Mcdonald (now my colleague in
the Senate), Jim Wilson, once II repre-
sentative in Congress and subsequently,
minister to Venezuela, and myself de-
Tended him There was II formidable
prosecution, Lew Wallace, Judge Gre
CORY, and others appearing against him.
1t was proven that short time be-
fore Mrs. Owens death her husband
had purchased strychnine at drug
store in the neighborhood, telling the
druggist that he wanted it for poison-
ing rats. But he asked that it should
be charged to him, fact upon which
we laid great stress in the argument,
insisting that had he entertained GRIM
inal design in buying the drug he
would not have put the evidence OF the
fact upon record. A daughter who was
visiting her fathers house when the
poison was brought home testified that
he handed it to her stepmother in her
presence, cautioning her to be careful
with it. A brother of his wife, who
was greatly embittered against him,
and was witness for the State, ad-
mitted upon cross-eXamination that
Owens treatment of his sister was ia"
varia5ly considerate and kind.
This was all we had to base a defense
on. The odds were fearful. There was
the remark of the marked agitation OF
Owen when FIST informed of the sus-
picions existing against him, his adais.
sion that If the post-mortem examina,
tion she WED that poison was the cause
OF his wife's death he would be accused
of administering it and hanged; his pur.
chase OF the poison; his transfer of his
property and his fight. all combined,
nearly irresistibly led to the conviction
OF his guilt. "Mr. Voorhees," he said
to me, however da,kly things may ap~
pear against me, | am not guilty;" and
believed him. We fought the case like
tigers upon the reasonable doubt which
we deemed the evidence had not ex-
cluded, and won it.
Such an uproar as followed | never
witnessed. Owen was taken to Wilson's
private residence, pursued by Il crowd
crazed with disappointment and thirst
ing for his blood. Wilson, Mcdonald
ana / stood at the front gate with pistols
in our hands, and checked the approach
of the mob until Owen could escape from
the rear of the house in q conveyance
that had been provided tcl him. IT is
the only time in my life ever saw Nc.
Donald with pistol. He showed an
unmistakable purpose to use il if neces-
sary.
Owen went to Texas and died there,
/ presume, as | have never seen nor
heard of him since. His wife had COM
mitted suicide. lie knew it, but pre-
ferred TO keep the fact to himself to avoid
scandal and exposing her. lie was n
weak, but an honest man. For his safe
deliverance he was indebted to capital
jury, men who could be neither bought
nor scared. The foreman had served the
county in the State senate, ouhers had
held office, and all were persons OF con-
Bideration and influence
Things man never forgets-his first
snub, the first girl lie ever kissed, his
first night ut theater, his first pair of
pantaloOns, his first cigar, and how
much better he might have done in the
world had he followed some other oc-
cupation.
mi