Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-06-18

! yourself because you Olu not want 10
leave me alone and / said could prove
il / did not send for her | sent for you
and you could not stay and sent her
may Cod help me you as the best proof
have answer by next mail
am ever your
Friend Direct
Miss Rosa ZOldOske
Richland Center
Wis
The state rested at 10 o'clock Friday
morning, after examining fifty witness
es, in seven and half days.
1t was expected the defense would
make hard fight as thirty witnesses
we're said to have been summoned, but
this dwindled 10 one solitary witness.
Mrs. Wilson. who said she did not ex
claim My God! That is Rosa's hand
writing" when DIR. Lowering showed
her the note received by him. Counsel
for defense offered to waive argument
ii counsel for state would do the same,
hut this was not agreed to.
Friday afternoon and Saturday up to
four O'clock were occupied by counsel
in summing up and argument. Judge
Clementson delivered an able charge,
placing before the jury the law as to
direct and circumstantial evidence. The
points for the jury to determine were
briefly summed up by his Honor, as
/ follows:
That Ella Maly died on the morning Of the 9th
OF January OF this year is Hndisputed fact.
/ Was her death n natural death? or was 1t caused
| by strychnine poisoning The state claim che
was poisoned by stryehnine The evidence bear
ing upon this point you have heard. ! will not
attempt to restate or review it. Have you
reasonable doubt upon all the evidence that Ella
| Mays death was caused by poisonous dose OF
strychnine: II You have, there can be no convic-
| ton but IL you have no reasonable doubt that
she died Of strychnine poison. the next question
/ for you to determine is Did she commit suicide
| by taking this poison' Yon should carefully
consider all Of the evidence in the case that bears
upon this question. As pertinent inquiries con.
nected herewith may be suggested these quer-
! les: What was her disposition Was she natur-
/ ally cheerful or melancholy We're her prospects
/
| herr What was her mental coalition on the
! night OF the party? When she became un able to
walk aud fell in the snow near her home did she
herself know what was the cause Of her sicknesst
1t follows as a matter Of course that if you have
reasonable doubt on this question, no verdict
OF guilty can be rendered, but II you believe be-
| yond a reasonable doubt that she did not pur-
posely take the poison the further question
4 Ill.
BY this mean. did she in any way take poison
without any design upon the part Of any one that
| she should take It, For IL one Intentionally
| place a poisonous substance 80 thar It may be
! taken by another, with design that the latter
| shall take it, thinking it something harmless,
and II IL taken and the person dies Of the poison.
! it is not death from accident, but death from
design. / may briefly under this head refer to
| some undisputed facts; Ella May and her sister
arrived at DR.. Mitehell's residence about 6
O'Clock. Supper was served soon after that. The
other three lady guests left the heuse after sup
per, about O'Clock The Misses Maly stayed
until about O'Clock and then started for their
| home, which was about fifteen minutes walk
distant, and Just before they arrived there Ella
became unable to walk Yon have heard the
medical testimony TO the length OF time after
strychn.r is taken that its poisonous effects
manifest themselves In view Of all OF the evil
dence are you convinced beyond a reasonable
doubt that Ella MaIy did sotAtake strYchnine be-
fore she went to Or. Mitchensg it is necessary
in order 10 convict that you should be able to
make answer to this question hat she did not
/; such be your answer, then arises the question,
did she accidentally take it during the time she
was at Dr. Mtchehsf Among other things il is
proper for you to consider upon this point
whether she ate anything while there different
from what the other guests ates II she did net.
but partook OF the same dishes they did. we're any
Of the Others posonously affected?
Likewise as bearing upon the question Of acci-
dent. II is proper for you TO consider what the
testimony shows OF the death OF Mrs. Mitchell In
the early part OF the year 1890. Does the evil
dence in this case convirce you beyond reason.
able doubt that she died Of strychnine poison.
and that the strych1ine which killed her was
not the NIX vomica which DR.. Mitchell pre-
| sCrihed for herr IL IL does noI. then her death
can have no bearing upon the question new I'M
| der cons liberation, nor upon any other question
in the case. But II you should determine the
| question inst suggested in the Affirmative and
should also be convinced beyond reasonable
doubt that at the time OF Mrs. Mitchells death
DR.. MitChcll's family consistc ed OF several me m
bers Of whom this defendant was one, and that
.one OF the others were poisoned. the fact Of her
whether Ella Mays death was Chargable to acct
dent or MOTTO convict you must be convinced be-
yond reasonable doubt that Ella Maly did not die
from strychnine accidentally taken II you are
convinced hey ond reasonable doubt that she
died from stTychnine poison. which was not self.
administered. and not taken by accident.
the question arises: Did she die from strychnine
IN some way given To her by this defendant with
the intent that she, Ella Maiy should swallow IT.
The jury retired at twenty minutes &c
five and until Sunday afternoon at 2:S(
wrcstled with the question wher
notice was conveyed to Judge Clement
son that they had agreed He immed
lately went to the court house received
the verdict and discharged the jury. Or
first ballot the jury stood to 6. during
Saturday night it was $ to 4 and tnall,
agreed Sunday afternoon.
WbeD court ponveucd Moodsv morn