Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-11-18
MICHAEL IS SET FREE.
First Result of the Trial
Of the TO0Ie Case.
TELLS OF BUYING POISON.
Other Members Of the Family Tell What
They Know Of the Affair.

BosToN, Nov. rs -Pr"hable use or
notf That !s the qu st.o tas; Ju!g. Fal-
Ion Is trying 10 dec de m the .se of
Stephen Toole, charged with the murder
Of his mother and sister by poison on the
night Of Wednesd y, Nov. 8. The two pris-
oners, Michael md Stephen, were called
up yesterday, and the police notified the
court that they had no case against
Michael and he was discharged.
After the lawyers for the government
and the de ense had done the usual
amount of preliminary sparring, Michael
A. Toole was called tn the witness stand.
He looked pale. After answering the
usu, questions as to his name, ase, en-
ploy ment, etc. he told about his connec-
tion with the d. : firm of Carter, Carter
e. Kilham, which terminated a year ago
last August Since then he has worked
in several plac s, and has called at the
Washington-stre-t drug store many times
on business and 70 see the clerk with
whom he was formerly associated.
Biichaei's Tsstimony.
The last time he remembers calling
there was between five aud seven weeks
ago. when he bought a quarter Of a pound
of cyanide Of potassium Of a clerk named
Charles Adams. He testified that Adams
asked hun what he was going TO do with
the poison, aud his answer was that 1t was
to te used to kill insects. Then he took
the poison home and gave IL to his sister
Mary. IL whs in a tin box, and she made
q solution in pickle bottle. A few days
before he bought The poison, Michael said
be went to TIE store of Carter, Carter Sc
Kilham and asked for il OF mother clerk,
who refused to sell the drug ior the pur-
pose required. The cyanide OF potassium
was finally purch ased at the instance Of
Mary Toole, and with money furnished by
her.
Michael then told the story of his doings
on the day Of the murders, in answer to
questions by Mr.. Paul, while Michael J.
Greed watched him aud once in a while
made an obi ction. During the forenoon
of the day, Michael said, he was in the
city on some errapds, and returned home
at about noon He could not remember
what members of the family he saw upon
his return. After nner he went down
cellar, where he was busy fixing some
boards ut the windows until about $3.50 in
the afternoon.
After supper in the evening h. was sent
after the bottle OF porter by his mother,
and upon his return h left it in the
kitchen without having seen any one open
It. The next thing thst hapneued was
when he heard cries and found his mother
and sister had b. EN- poi,oaei. At the con-
clusion Of this testimony the court ordered
the discharge Of Michael Toole on the
charge Of murder.
sister Mary Testifies.
l.l 70 ha etan
and began her testimony concerning the
purchase and use of the cyanide OF potas-
sium. The last time she saw the bottle
her brother Stephen had 1t, on the day Of
the murder, and she saw him empty It's
contents into pail at about IL O'Clock in
the forenoon OF that day. The pail was
partly full Of water when Stephen poured
the solution into It, and witness did not
know that there was any more Of the
poison in the house, except III the box
which Michael purchased at the store Of
Carter, Carter & Kilham.
Later In the day, witness saw Stephen
empty the contents 4 the pail into the
sink Perhaps Stephen might have put
some of the solution on some bedsteads
to kill bedbugs, during the day, but wit
ness did not see him. In regard to the
poison left in the box In the dry state,
witness saw her mother put 1t into a
trunk, and no one connected with the
household had seen 1t since.
During the day of the murder witness
did not hear a quarrel between Stephen
and his mother or any other members Of
the family, and did not have one with him
herself In regard to the occurrences dur
ing the evening of the murders, Mary told
practically the same story as has been told
by all of the mem bers of the family since
that time.
Patrick Had No Row with stephen.
The next witness called wa' Patrick
Toole. Parick said he had not been at
home during Wednesday after z o'cln ok
In the morning. He returned at about
10 80 d. m. He went home then because
his youngest brother went for him to
where he was spending the evening.
Patrick's testimony regarding the alleged
trouble b. tween himself aud Stephen was
considerably different from that Of previ-
GUS witnesses. He denied having any
words with Steve on the Monday previous
to the deaths. He did not accuse Steve Of
taking his pocketbUok. So far ~ his
knowledge went he did not notice any Of
She family around after III o'clock that
night. He was not aware OF the presen ce
Of cyanide of potassium in the house at
any time. He heard nothing about poison
on Wednesday evening.
Joseph's Testisaopy Unimportsnt
Joseph f. Toole, the youngest Of the
hve brothers. followed Patrick. He Is IS
years old and Is employed at the state
house ~ messenger TO Governor Russell.
On wednesday morning Joseph left home
at about 8 o'clock, returning at about 5.
Had his supper on after. He saw his
mother, father, Minnie and Stephen in
different parts Of the house. The latter
was In the XII, chm. He did not know that
there was any cyanide OF potassium in the
house. Witness heard DIR. Wnipple say
the deaths OF his moi her aud sister were
caused by poisoning. III saw tn, bottle
on the bureau. j sepn wa. MT ava Q
that his mother was in the habit q using
porter
Hadn't Seen Any Poison.
John j. Too!e, other brother, testified
that he overheard some woid, b,tween
Patrick aud Mioba i OF Monlay evening.
Juhl sud h. did n,L e Stepsen In the
house IN Weiu stay nigat. lie did see
the bottle OF porter and the two glasses.
Did uot touch he bate. Witness saw
st.ph n i'm e., huu e Ia e IN tn evening,
aft-r e fact ot he deaths hecame known.
He vas n the ate en- win a. uncle and