The weekly herald. [volume] (Cleveland, Tenn.) 1876-1888, 1880-11-12
CIRCUMSTANTIAL EVIDENCE.
A Remarkable Story from the Lips OF
United States Senator Dan VOORHEES,,

the following interesting story of n re-
markable trial: | remember once de-
Tending, at Charlottesville, lrd a man
named Owen, indicted for the murder OF
his wife by poison. 1t was t~wenty-odd
years ago. Owen was a respectable
farmer in good circumstances, and q
consistent church member. He had
been twice married. lie had several
children by his first wife; his second
was childless, a circumstance which
peculiarly affected her mind and tenn
per. 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. He called in as
sistance 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 hat arrangements
had been made to disinter the body and
investigate it.
Owen was greatly agitated at this in
te~lligence, and, after a short pause, re-
piled eff this is done, and poison
is found in Kezia's stomach Chs de-
ceased wife's Christian name), l 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 he transferred all his prop
erty to a son, disguised himself, and fled
the country. The body of his wife was
exhumed and an autopsy had. Enough
s%trychnine was found in her stomach to
kill a mule. There was a universal ex-
preston of horror at the discovery, and
q 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
1t was with difficulty that his execution
by a mob could be prevented.
Joe Mcdonald (now my colleague in
the %Senate), Jim Wilson, once a repre-
sentative in Congress and subsequently
minister to Venezuela, and myself de-
Tended him. There was a formidable
prosecution, Lew Wallace, Judge Gre
CORY, and Others appearing against him.
II. was proven that a short time be-
fore Mrs. Owens death her husband
had purchased strychnine at a 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, a 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 wa
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 a witness for the State, adj
mitted upon cross-examination that
Owens treatment of his sister was in
variably 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 oil
Owen when first informed OF the sus.
picions existing against him, his admis-
sion that. if the post-mortem examina-
ton showed 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 darkly 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 l never
witnessed. Owen was taken to Wilson's
private residence, pursued by a crowd
crazed with disappointment and thirst
ing for his blood. Wilson, Mcdonald
and / 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 a conveyance
that had been provided foI him. 1t is
the only time in my life / ever saw Nc
Donald with a pistol. He showed an
unmistakable purpose to use it if neces-
Sary.
Owen went to Texas and died there,
| presume, as l have never seen nor
heard of him since. His wife had COM
mitted suicide. He knew it, but pre-
ferred to keep the tactic himselfto avoid
scandal and exposing her. He was a
weak, but an honest man.. For his safe
deliverance he was indebted to a capital
Jury, men who could be neither bought
nor scared. The foreman had served the
county in the State senate, Others had
held Office, and all were persons OF con-.
sideration and influence,
Jay G0uId's Eyebrows.
How Jay Gould lost his eyebrows"
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