Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-06-24

elled to hear the evidence in the case.
The proceeding was at once under
taken. The following were appointed:
Samuel Chapman, farmer, West Den
mis-; Noah Young, salesman, Yarmouth;
Samuel H. Drew. carpenter, Yarmouth;
Edward r. McRae, correspondent,
Provincetown: Gilbert A. Dodge, farm
er, Orleans; Frederick o. Smith, sur
veyor Bourne; Geo. H. Nickerson, mer-
chant. Chatham; Edward G. Perry,
book agent, Bourne: Sheldon II. Cowen,
Falmouth; Jonathan Eldridge, fisher
man. Chatham; Joshua E. Holway,
Sandwich.
The panel was completed at 1881
Noah Young asked to be excused on
account of poor health. Both sides con-
scented. Henry r. Usherm, blacksmith,
Yarmouth, was called and sworn to
take Young's place. Jonathan Eldridge
also asked to be excused, as he had
formed an expressed opinion. He was
excused and Aaron L. CrOwell, fisher
man. of Dennis, was sworn. William
p. Kidder was appointed foreman.
With the jury completed Miss Top
pan having pleaded not guilty when
last April, the few remaining prelimi-
narics were quickly completed. The in
dictment was read to the jury and on
request of Attorney General Parker, all
witnesses except the medical experts
and'the witness on the stand were eX-
cludcd from the court room during the
hearing of the evidence.
The attorney generals outline of the
case for the prosecution was very con-
else. He told the jury that the pris-
oner was charged with the deliberate
murder of Mrs. Gibbs, on or about the
18th of August, 1901. with some deadly
poison. He stated that an autopsy on
the body of Mrs. Gibbs had shown that
death was caused by something I'M
natural. Prof. Woods, the Harvard
University expert, had made an exam
nation, he said, and would TESTIFY that
sufficient quantity OF morphine to
cause death was found i'll the woman 5
stomach.
The first witness was Miss Beulah A.
Jacobs. a cousin of Mrs. Gibbs. a ride
taken on the Monday before Mrs. Gibbs
death was described by Miss Jacobs,
who said that she had seen Mrs. Glbbs
on the Saturday and Sunday preceding,
and that she had been in her usual
health Miss Toppan was one of the
party who went on the ride. They were
gone nearly all day
When the party returned Miss Top
pan went to Falmouth, arriving back
later in the afternoon with number
of bundles. Among her purchases were
six bottles Of Hunyadi water. Miss
TopDan told Mrs. Gibbs that she saw
DR.. Watson and that the doctor sug-
eested that Mrs. Gibbs should take the
water She also purchased some borax,
the doctor having suggested that as a
good cleanser.
Witness saw Mrs. Gibbs drink half a
| glass Of the water, and Mrs. Gibbs said
it was nothing but salts. After supper
witness said she told Miss Toppan that
Mrs. Gibbs felt perfectly awful after
taking the water. In reply to questions
by Mr.. Swift the witness continued:
Mrs Gibbs asked me to sleep in the
room next to hers that night Late At
night Mrs. Gibbs didn't seem to have
any power to get up and Mr.. Gordon
carried her to her bed: Miss Toppan
gave her some whiskey and said she
| should have gone to bed before. DR..
Latter was called early next morning.
| The doctor told Mrs. Gibbs that she
must be quiet and we all left the room,
except Miss Toppan. The doctor went
home. but before he returned at 9
o'clock in the morning, Miss Toppan
looked at Mrs. Gibbs eyes and said
they were set. Mrs. Gibbs never moved
after o'clock. In the afternoon, DR..
Hudley of Falmouth. also called. He
gave hvpodermic injection and APP
| piled poultices on the chest. She died
at o'clock that Afternoon
The next witness called to the stanG
was Harry Gordon of Chicago, brother
| in-lav of Mrs. Gibbs. He was at Ca
| taumet in August, 1901.
| He corroborated the evidence of the
| previous witness regarding the ride
after supper. He was in the parlor
with Mrs. Gibbs on the night in ques-
ton until midnight, and later was
called upon to carry her to her bed
room. She exclaimed
"Oh, Jennie, oh. Jenniei"
Witness telephoned for a doctor. He
thought he was the first person to sug-
gest summoning a physician.
This concluded Mr. GOrdOn's testi
mony. Neither witness was cross
examined.
Dr. Frank p. Hudner of Boston, was
next called. He stated that he was in
Cataumet. Aug. 10, 1901. He was called
to see Mrs. Gibbs in consultation with
DR.. Latter. Mrs. Gibbs was on the bed
i'm her room and appeared to be in a
profound state of coma. The blood was
not circulating properly, the eyes being
partially closed and one pupil being a
trfflc larger than the other. Witness
found no evidence of injury. He found
that there was a slight quantity of gas
i'm the intestines. The respiration was
so slight that the patient was just
breathing, and the beat of the heart
was hardly perceptible. Witness gave
an injection of strychnine hypoder-
mically. At that time he was at loss
to know the cause of the woman's ill
ness.
DR. Hudner said that morphine and
atropin would likely produce conditions
such as witness observed. The doctor
was not cross examined and at L
O'Clock the court took a recess until
215.
The principal witness for the govern
mani was Cen I II whitney who ar