The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1892-12-23
THE kIRSCH CASE.


try the case:
James Baubaker. miner, Tunnelhill:
Richard w. Johns, farmer, Barr township;
William Il. Gerhart, farmer, Adams town
ship; Frederick Ribblett, farmer. Cone
maugh township; Ellsworth Rowland,
farmer, Blacklick township; Aaron Sing
ell, blacksmith, Johnstown; George :.
Cusc, plasterer, Morrellyille; John Z.
Jones, farmer. Cambria township; Bcnja
min ROudabush, miner, Dale borough; 5.
Nj. Bumgardner, miner, Croyle township;
Thomas YonkerS, laborer, COncmaugh
township.
After the opening of the case by District
Attorney O'Connor. AnSelm KirSch, the
prosecutor, was called and testified Sub-
stantially as follows:
| reside in Barr township. Cambria
county; | have lived there all nv life; I
am about twenty years old; | lived with
my mother about a mile from Nicktowa;
| have known the defendant-my wife
for about two years: we were married on
the tenth of May of this year at Carroll
town; after being married we went to
Philadelphia, and returned the Saturday
afternoon of the same week; we
went out on Saturday afternoon TO her
home and went from there to my home;
she stayed with me one week and then re-
turned home and stayed two weeks; went
out To see why she would not come back;
she said she would not return until my
| mother signed the property over To me: my
| mother owns a large farm and some per-
SOnal property: | took Father Rubert with
me and he got her To return with me; she
refused TO cohabit with me in a SeXaal way
| from the 10th Of May, the time we We're
| married, until the 22nd of July, the time l
got sick; she refused to occupy the same
| bed with me most of the time; after she
| got two beds in the room she refused:
| while we We're away on our trip she occu-
| pied the same bed, but refused To cohabit
| in a sexual way; when we returned home
| we occupied the same bed that night, but
| she refused me sexual intercourse; she
placed another bed in the room we occu-
| pied and she occupied one bed and | the
| other; | demonstrated with her for this
| action and had a conversation with her
| a little over week before | got sick; told
| her | would give her a weeks time To make
| up her mind, and, after that time, wonld
! have sexual Intercourse whether she want
| ted to or not; she didn't say whether she
| would or wouldn't; on the 22nd of July
| that was the last day l had given her to
make up her mind-I started to NOW and
| broke the machine and | went to Carroll
| town and got the piece broke. and when
| | came back she got dinner for me, and
| she asked me to take a cup of tea; she gave
| me the tea and while l was eating she sat
back and pretended 10 be reading, but |
| saw she was just watching me: after din
| ner ! started upstairs 10 change clothes,
| and felt sick going upstairs, and sat down
| on the upper step; | then changed clothes
and went down and went into a room and
| got drink of whiSkey; my mother asked
me what | was doing and | told her
| | felt bad and took drink of whiSkey, and
my wife said she felt bad too; when went
| to the field | felt very sick and vOmited
| and then got so sick l had to go TO the
| house: after went TO the field, my wife
| took a bucket and pretended she was going
| for berries, but she went up and sat under
| an apple tree in the orchard; when | got to
| the house she came down and came to the
| the house; l sent for a physician that
| night and in the morning ! was better; !
was very thirsty and drank lemonade; my
| sister was to see me, and when she went 10
! 60 my mother went with heI TO the bug
| gy, and | asked my wife for lemonade and
she went TO get me some, and | tasted 1t
| and it didn't taste very good; she said II
| wasn't fresh; l drank it and five or ten min
utes after that got so bad l could hardly
| live: mother made me a drink of strong
| coffee and | drank that, and about !
| o'clock the doctor came; the Monday az
! ter the Friday | took sick, my wife said to
me now that she could not give me any
thing. she would go home until | got well,
and | told her To go and never come back
| again: after she went away, | never re-
ceVed a word or letter from her; 1 attend
ed Il picnic with my wife Shortley after my
return from Philadelphia at Nicktown.
| There was dancing there that day, and she
| said she didn't care TO dance with me, and
about five or ten minutes afterward she
was dancing with another party; ! dor
know what became of the matter | threw
up: | saw the dog eat some, and il was
sick as long as was.
Frederick Hausman, chemist from
Philadelphia. was called and testified TO
having examined sample of the proSecu-
tors urine twenty-SiX days after the al
legged poisoning, and found traces of arse
mic.
A number of witnesses were called who
testified to minor points in the case.
Frank Lehmire was called who testified
that he had assisted in making the arrest
and haj heard a conversation between the
defendant and her father. Her father
said: You will have To beat him and
throw him into the costs" Mrs. kirsch
said: They ought To have Till arrested
for she got the poison The father
answered: You ought to have given him
bigger dose" The defendant said: Il
would if had il to do over
a
DIR. a. Wakefield, OF Johnstown, and
DR.. Dawson and DIR. Jones testified to the
improbability of traces Of arsenic remain
ing in the urine for twenty six days.
The defendant, Mrs. Maggie Kirsch,
was called and detailed the account of the
marriage, wedding trip, return, aud differ
ent trips back and forward from her for
mer home to Kirsch's: her testimony on
those points was identical with the teSti-
moay of the other witnesses; she gave the
same reasons for not wishing the marriage
to be consumated, and rather clung to the
statement that the arrangement made on
; the wedding trip was understood by both
parties To be permanent. To this, she adj
mittcd. her husband had objected, and
clai med he did not 50 understand IL. She
accounted for her demand TO have the
property in her husbands name by stating
that he had told her it was all his; that hc
would have to pay only sl,4OO to his moth
er for the personal property: she and the
old lady did not agree about the manner
of housekeeping, and she wanted to pay
the money at once and have the say-SO
about the house: the attempted poisoning
she denied point blank; denied ever having
any poison about, or that any had evel
been purchased for her; she denied evei