The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-10-29
CIRCUMsrANTIAL EVIDENCE.
a REMARKABLE STORY FROM TIE LIPs (
UNITED sTATEs SENATOR DAN VOORHEES,

Z
United States Senator voorhees, tells the
following interesting story OF a remarkable
trial
remember once defending, at Crawfords-
vile, Ind. a man named Owen, indicted for
the murder Of his wife by poison. 1t WAS
twenty odd years ago Owen was a respect
able farmer in good circumstances, and a
consistent church member He had been
twice married. He had several children by
his first wife his second wife was childless-
a circumstance which peculiarly affected her
mind and temper. She would not permit his
children to reside with her, and compelled
! him to find home for them elsewhere. She
had frequently threatened suicide in cOnSe-
1 quence of these troubles.
One night Owen was awakened from
/ sleep to find her dying. He called IN assist
ance and sent for a physician, but she was
( dead before any one arrived, Her sudden
demise excited suspicion and three days al
ter her burial this was communicated to him
| by friend, who further Informed him that
I arrangements had been made to disinter the
body and investigate Il.
Owen was greatly agitated at this intslli-
gence, and, after short pause, replied If
this is done and poison Is found in KeZia s
1 stomach (his deceased wife's Christian name)
! ! VIII te accused of her murder, convicted
/ and hanged But ] am as innocent Of il as
( that tree pointing to one near by.
! That night he transferred all his property
( TO son, disguised himself, and fled the
country. The body Of his wife was exhumed
and an autopsy had Enough StTychnine
/ was found in her stomach to kill a mule
! There was universal expression of horror
/ at the discovery, and large reward was Of
fered for the arrest Of the fugitive. After
SUme months ne was found in Canada,
/ where he was living under an assumed name.
/ He was brought to Charlottesville in irons,
and it was with difficulty that his execution
/ by mob could be prevented
Joe Mcdonald (nOW my colleague in the
Senate), Jim Wilson, once representative
( in Congress and subsequently minister to
] Venezuela, and myself defended him
! There was a formidable prosecution, Lew
! Wallace, Judge Gregory, and others appear
ing against him.
! 1t was proven that 4 short time before Mrs.
Owens death her husband had - ,haSed
strychnine at drug store in the - ghbor-
hood, telling the druggist that he wanted il
for poisoning rats. But he asked that il
should be charged to him. a fact upOn which
we laid great stress in the argument, insist
ing that had he entertained a criminal design
in buying the drug he would not have put
the evidence Of the fact upon record 4
daughter who was visiting her fathers house
when the poison was brought home testified
that be handed II TO her stepmOther in heI
presence, cautiOning her to be careful with
it. \ brother OF his wife, who was Crest y
emhittered against him, and was witness
for the State, admitted upon cross XaInina-
ton that Owens treatment of his sister was
invariably cUnsiderate and kind.
This was all We had to base q defense on
The odds were fearful. There was the re-
mark Of the marked agitation of Owen when
first informed of the suspicious existing
against him. his admission that if the pos
mOrtem examination showed that poison was
tie cause of his wife's death he would he ac
cused Of administering il ard hanged his
purchase of the poison his transfer OF his
property and his flight, all combined, nearly
irrcsiS.bly led to the conviction II his guilt
Mr.. voorhees," he said TO me- 'howevp1
darkly things may appear against me- an
not guilty and l believed him. We fought
the case ike tigers upon the reasonabl,
doubt which We Ceem-d the evidence had
not excluded, aud won it
Such an Uprnar that followed I never wit
messed. owen was taken to Wilson'S pri
Vat" residence, pursued by a crowd cTaz"d
with disappointment and thirsting for hi:
blood. Wilson, Mcdonald and / stood at tn,
front gate with pistols in our hands. an.
checked the appT"acn Of the mob until Over
could escape from from the rear of the hOus,
in q conveyance that had been provided 70
him. 1t is the only time i'm my life l eve
saw Mcdonald with pistol. He showed al
unInlStakable purpose to use II If necessary.
Owen went to Texas and died there pre-
Sume, as have never sen nor heard q! hin
since His wife had committed suicide II,
knew 1t, but preferred to keep tine fact 4
himself To avoid scandal aud exposing her p
He was weak, but an honest man z
his safe deliverSnce he was indebted ( e..
ital jury-men who could be neither aoGrt.
nor scared. The foreman had served tll-
county IN the State Senate, others had r-.
Office, and all were persons Of consi .sra-i1l
and influence.