The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1880-11-25
eMisreHaw.
Circnmstantial Evidence.

u
tells the following interesting story
Of remarkable trial: ] remember
once defending, at Crawfords'illc
Indiana, man named Over, i'll
dictcd for the murder of his wife By
poison. 1t was twenty odd wears
ago. Owen was respectable far
mer in circumstances, and q con
sistent church member. He had
been twice married. He had several
children by his first wife; his
,coud was chiidlcss, circum-
stance which peculiarly affected
her mind and temper. She wonld
not permit his children to reside with
her, and compelled him to find n
home for them elsewhere. She had
frequently threatened suicide in con
sequence of these troubles.
One night owen was awakened
from sleep TO find her dying. He
called in assistance and sent for q
physician. but she Was dead before
any one arrived. Her Sudden dc.
mise, excl.ed suspicion, and three
days after her burial, this was com
municated to him by n friend, who
informed him that arrangements
had been made to disinter the body
and Investigate it.
Owen was greatly agitated at this
intelligence, and after short pause,
replied: "If this is done, and pois-
on is found in Kazia's stomach (his
diseased wife's christian namc,1 /
will be accused Of her murder, con-
victed and hanged. Butt am as in
nocent of it as that tree pointing
to one near by.
That night he transferred all his
property to his son, disguised him
self and fed the country. The body
of his wife was exumed and an au
topsy had. Enough strichninc was
found in her stomach to kill a mule
There was universal expression Of
horror at the discovery, and q large
reward was offered for the arrest o!
the fugitive. After some months
he was found in Canada, where he
was living under an ASSUMED name
He was brought 10 CraWiordsvillC
in irons. and it was with difficulty
that his execution by mob could
be prevented.
Joe Mcdonald (now my colleague
| in the Senate J Jim Wilson, once q
Representative in Congress and suh-
sequcntly Minister to Venezuela,
and myself defended him. There
was formidable prosecution, Lew
Wallace, Judge Gregory and Others
appearing against him.
1t was proven that short time
before Mrs. Owens death, her hus-
band had purchased strychnlne at
a drug store in the neighbor-
hood. telling the druggist that he
wanted it for poisoning rats. But
he asked that it should be charged
to him, fact upon which we laid
great stress in the argument, insist
ing that had he entertained crimi |
nal design in buying the drug he
would not have put the evidence of
of the fact upon record. A daugh- |
ter who was visiting her fathers |
house when the poison was brought |
home testified that he handed it to |
her stepmother in her presence,
cautioningss her to beg careful with
it. A brother of his wife who was
greatly embittercd sgainst him.
AID was witness for the State, adj |
mitted upon cross examination that |
Owens treatment OF his sister was
invariably considerste and kind.
This wall all we had to base de |
fence on. The odds were fearful.
There was the remark ofthe marked |
agitation of Owen when first in |
formed of the suspicious existing
against him. his admission that If
the post mortem examination show
ed that poison was the cause Of his
wife's dca h he would be accused
of admin stering it and hanged his
pu,chase of the poison; his trans
fer of his property and his flight, all
combined nearly irresistably led to
the conviction Of his guilt. Mr..
Voorhees," he said to me, chow
ever, darkly things may appear
against me, I am not guilty." and !
believed him. We fought the case
like tigers upon the r,a enable
doubt which We deemed the evidence
had not excluded. and won il.
Such an uproar as followed !
never witnessed. Owen was taken
to Wilson's private residence, pur
sued by q crowd crazed with disap
pointment and thisrting for his
blood. Wilson, Mcdonald and /
stood at the front gate with pistols
| in our hands and checked the ap,
proach of the mob until Owen could
escape from the rear of the house in
a conveyance that had been pro
vided for him. 1t is the only time
in my life | ever saw Mcdonald
with a pistol. He showed an un'
mistakable purpose to use il II nee
essary.
Owen went to Texas and died
there, l presume, as | have never
:een or heard of him since. His
wife had committed suicide. H'
knew it. but preferred to keep thu
fact to himself to avoid scandal anc
exposing her, He was a weak, bu'
| an honest man. For his safe de
J. livcrance he was indebted TO n capi
tai capital jury, men who could ~
neither bought nor scared. Th'
foreman had served the country il
: the State Senate, others had helS
office, all were persons ofcon
s Iteration and influence.