Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-11-04
CIRCUMSTANTIAL EVIDENCE.

| A REMARKABLE STORY FROM THP LIPS OF
UNITED STATES SENATOR DAN VOORHEES,.
United States Senator Voorhees, tells
the following interesting story Of re-
markable trial
| remember once defending, at
Charlottesville, Ind, a 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
several children by his first wife; his
second wife was childless--a circum-
stance which peculiarly affected her
mind and temper. She would not
permit his children to reside with her,
and compelled him to find a 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. lie
called i'll assistance and sent for a
physician, but she was dead before
any one arrived. Her sudden demise
excited suspicion and three days after
her burial this was communicated to
him by a friend. who further 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 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
rs that tree" pointing TO one near by.
That night he transferred all his
property to a son, disguised himself,
and fled the country. The body of his
wife was exhumed and an autopsy
had. Enough strychnine was found
in her stomach to kill mule. There
was universal expression of horror
at the discovery, and large reward
was offered for the arrest of the fugi-
tive. After some months he was
found in Canada, where he was living
under an assumed name. lie was
brought to Charlottesville in irons,
aud it was with difficulty that his ex-
ecution by mob could be prevented.
Joe Mcdonald (now my colleague
in the Senate), Jim Wilson, once a
representative in Congress and subse-
quently minister to Venezuela, and
myself defended him. There was a
formidable prosecution, Lew Wallace,
Judge Gregory, and Others appearing
against him.
1t was proved that a 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 chaoged TO him, fact upon which
we laid great stress in the argument,
insisting that had he entertained
criminal 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 step
mother 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, admitted upon cross examina-
ton that Ovens treatment of his sis
ter was invariably considerate and
kind.
This was all we had to base a de-
fense on. The odds were fearful.
There was the remark of the marked
agitation of Owen when first informed
of the suspicious existing against him,
his admission that if the post mortem
examination showed that poison was
the cause of his wife's death he would
be accused of administering it and
hanged his purchase of the poison
his transfer of his property and his
flight, all combined, nearly irresistibly
led to the conviction of his guilt.
"Mr. Voorhees," he said to me, "how-
ever darkly things may appear 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 excluded,
and won it.
Such an uproar thai followed /
never witnessed. Owen was taken to
Wilson's private residence, pursued by
crowd crazed with disappointment
and thirsting for his blood. Wilson,
Mcdonald and | stood at the front
gate with pistols in our hands, and
checked the approach of the mob un-
til Owen could escape from the rear
of the house in conveyance that had
been provided for him. 1t is the only
time in my life ever saw Mcdonald
with a pistol. He showed an unmis-
taxable purpose to use it if necessary.
Owen went to Texas and died there,