Newark evening star and Newark advertiser., 1912-01-31
CYANIDE POISON
CASE NOW RESTS
IN JURORS HANDS

Wnlcn you may renuefi II 10 WY i"' "
The case which the State mas at
tempted to prove is made up OF CIR
cumstantial evidence. 1t is alleged
that she met her death unwittingly by
n dose of cyanide placed there by her
husband in order that he might get
rid of her and marry his mistress The
State claims to have proved this be-
yond n reasonable doubt by circum-
stantial evidence. But it is not sum
cient that the state make the ciroum-
sances merely point to this conclusion.
The crime of murder by poison Is not
one that is likely to be committed III
the presence of witnesses.
II have pointed out to you the steps
which the state claims to have estab-
lished
Il. She died of cyanide poisoning
If this is not a conviction in your
minds the State has failed. But TINS
is proved by the testimony of the doc
tors and of the detective. II she took
it to end her own life then, OF course
the defendant is not responsible You
must be satisfied beyond a reasonable
doubt on this point in order to proceed
further in this case.
"If you decide that she did not die
of her own vdition, you must then
take up the question of the response
bility of defendant He has not availed
himself of the opportunity of testifying
in his own behalf, so you may take as
substantially correct tn, testimony of
the various witnesses for the State. Ac-
cording to the testimony of these wit
nesses the defendant obtained cyanide
from the Crosby Wheeler factory after
his wife had returned from Maine. He
says that he told his wife that he had
the cyanide to clean jewelry-that he
made a solution about ten days before
her death and put it in the bromide
bottle. putting the bromide in another
bottle, which latter he put in another
place.
7 "Thereis one aspec. of this case which
would support the conclusion that the
defendant Is guilty of Il criminal homi-
eide, even without ulterior motives.
This was a deadly poison, which was
placed where his wife might take t
unwittingly is a law Il this State
that reckless disregard, even without
motive, is sufficient to convict OF IN
voluntary manslaughter 1t is ques-
ton whether such a conviction is not
justified. But the State claims to Aavs
proved that the death was caused by
his intentional act. his purpose being
amply explained by he circumstances
of the events here. together with his
relations with the Philadelphia woman,
as shown by the letter..
But we are not concerned in this |
.;tt 4 I@ of 1aa 1afn
His possible violation Of his marriage |
vows, his relations with the Philadel-
phia woman, are not on trial here but |
these letters are vital in establishing |
a motive. Miss Bromley's letters refer |
to things which he has said or written |
- her, and the, State, contends that
these rep. sent sufficient motive to the |
act. 4
THE passages in the letters regard
ing the contemplated divorce proceed
ings are there for you TO draw upon |
regarding the defendants status. The
very fact that he retains these letters
is, ii seems to me, evidential Mr..
Kinsey's testimony that certain in
dorsements on one of the Bromley let-
ters Is MacFarland's, and no one can
read that Endorsement without con-
cluding that he had violent love for
this woman.
"These letters are, as the state |
claims, the keystone of the case aga'ns
the defendant, showing not only = |
motive for the taking of the wonans |
life, but a motive which is adequate.
The motive is complex, and shows
that he desired to keep his relations
with the girl, relations which she |
seemed to be unwilling 10 continue |
under circumstances then existing.
but 1t is for you to say whether the
State has sustained its case.
1.-THE defendant has not seen fit to
offer himself on the stand; the law
permits him to do so or not to testify |
1t is for you to draw "our own conciu-
sions on this point. 81
"In his statements admitting his set /
ting of the cyanide and his dispoeal he
pleads carelessncss and claims that he
had not though. of the possible conse- |
quences. as he claims always to have |
administered the bromide himself. He
claims he used cyanide for cleaning
jewelry. An officer has testified he found |
only a ring and a breastpin. The sill |
verware was in Hammonton and he
seems never to have sought to bring !
1t to his Park avenue home. 1t is for
you to say whether you are to believe |
his story.
''You may consider that his action
in leaving the large mass of incrimi-
mating letters from Miss Bmoley after
life to constitute strong evidence is