1817. The People V. Kester. On Wednesday, in the forenoon prisoner said he had SCHOHARIE given her a puke, and witness thinks she heard some one pake in the room where the deceased was lying. In the afternoon of Wednesday she grew worse and complained of burning heat and thirst as before. Witness then told prisoner that a physician ought to come and see her: pri- . soner said it was not worth while, it would only make a bill of expense; she was used to such turns, and would not get well until she had had a fit. Prisoner was most of the time in the room alone with her. On the evening of Wednesday the deceased was taken very ill, and complained of more distress in her stomach; she said her whole body was in distress and pain. She was at times heated, and threw off her bed cloths, and then again complained of cold, and covered herself. She called for her mother; witness asked prisoner who she meant ; he said she meant his mother, because she thought much of her, and that she had lived with her: Prisoner told witness they were from Rome. She was in continued dis⚫tress on Wednesday night until 12 o'clock, when witness left the room. On Thursday morning she was at times deranged; she continued to call for her mother and brothers. On Wednesday night she requested prisoner, if she died, to return her to her friends to be buried; he said it should be done. Witness asked prisoner whether the brothers she called for were her own brothers; prisoner said they were step-brothers; and in answer to witness' questions, said her father and mother were dead. On Thursday he went for a physician, but did not fetch one; and said, on his return, he had given her medicine; but witness observed she was much worse after it. Witness told prisoner she would give her no more medicine, as the deceased was much worse after it. He answered, he 1817. The People V. Kesler. SCHOHARIE did not think he would give her any more; and afterwards on being asked by witness, who observed she was worse, he told witness he had given her more medicine; she eat some buttermilk soup on Thursday: Prisoner told witness he had given her opium. From Wednesday night witness thought she could not live; deceased said she would die; but prisoner said she had such turns be fore, and recovered; and the deceased replied she would never see her friends again; and said she was not then as she had been before, and that she would die. Prisoner said he wondered why the doctor did not come ; and in the afternoon of Thursday he went for a physician, and in the evening Doctor Barton Carpenter came and went into the room where the deceased was, staid a while, and then went off. The doctor asked witness how long the deceased had been so ill; she said since Wednesday night. The doctor said if he had known it he would have visited her before. The doctor resided about two or three miles from that place. Prisoner had persons to watch with her on Thursday night: on Friday she could not speak so as to be understood; and she died about 7 o'clock in the evening, which was the 22d of November. On Friday he again went for the doctor, and left word that she should be attended to if she awoke in his absence, as she appeared to be asleep at the time; but the doctor did not come that day. After her decease her hands and nails were very blue-it was a purple blue. A Mrs. Wilsey dressed her head, and said, see how her hair comes out. She was buried on Sunday; on Saturday morning she appeared blue round her mouth and eyes. After her death witness asked her maiden name, and prisoner said her name was Caty Sprucher; on being asked whether Jost Sprucher was a relation, prisoner said none that he knew of; he might be a distant relation. Witness said 1817. The People V. Kesler. there was a sister of Jost Sprucher married in the neigh- SCHOHARIE bourhood to one Lawyer; prisoner said they might be distant relations; he was not much acquainted with the Sprucher family. Witness also named a Schafer, who had married a daughter of Jost Sprucher ; also mentioned one George Sprucher, who had livid at Bowman's Kill, in Canojaharie, but who was then dead; prisoner said he was not much acquainted with the Sprucher family; they might be distant relations. Witness said that those relations might be sent for to attend the funeral. Prisoner said it was not worth while; he did not know they were related; it might be they were distantly. Witness asked him before this whether he was going to carry her corpse to her relations, as she had spoken of or requested. He said no, he believed not, he would have her buried in the neighbourhood there; it was not worth while to go to the expense and trouble. She was buried on Sunday afternoon, and prisoner remained until Monday morning, when he went off, after breakfast, towards Catskill. He left the clothes of the deceased and requested the witness to take charge of them. There was no medicine administered to the deceased by any person except the prisoner, to the knowledge of the witness. On being cross-examined, the witness said, that she heard no complaint of indisposition when the deceased first arrived at her house; nothing called for before they went to bed, that she knows of. She is certain he told ber it was a puke which he had given her on Thursday. There remained some of the medicine, which witness wrapped up in something; this medicine was a kind of powder, and some dark stuff which looked like opium. The deceased walked out on Tuesday or Wednesday 1817. SCHOHARIE with the prisoner, who asked the witness whether she thought the deceased could bear it; witness said she The People thought it would do her good: they were out about half V. Kesler. an hour, or a quarter of an hour: after he had mentioned to the witness that he had given her a puke, she does not recollect to have observed that she puked afterwards. Witness recollects that during the time of her sickness prisoner combed her bair. At one time prisoner, on being asked, said it was his mother she inquired for; and at another time, that it was her mother-in-law. Does not know whether he went to the doctor on Friday afternoon. Thursday at intervals she slept a great deal; sleeping and waking alternately. The deceased was interred at the burying place at John C. Spoor's. Hannah Boyce. Witness has heard the evidence of Mrs. Best, and as to the symptoms, she agrees with her; she recollects to have remained in the room on Wednesday night after Mrs. Best went to bed; she staid a spell, and prisoner told her she might go to her bed, he could stay with her himself. On Thursday before daylight, he called witness up, and requested her to attend to his woman, whilst he went to the Doctor's. Prisoner told witness, that on the night of Thursday she had a fit before he called witness up-she was frequently taken with extreme pains and burning heat on Thursday morning he gave her some fine white stuff, and the prisoner said there was opium in it; he put it in a tea saucer and put tea with it; he mentioned that the doctor had said that she must have some herb tea, and asked witness to make it; and about half an hour after the deceased had taken his mixture she was worse; but does not know that she puked that day on Thursday she was delirious the greater part of the time. Witness 1817. The People V. heard him say several times he had given her medicine, SCHOHARIE and always after it was taken worse. Witness made rue tea for her; the deceased had some in her undle; it was rolled in a paper; prisoner told witness where to get it; it was dry rue: the hands and nails of the deceased, after death, were purple. On her cross-examination this witness says, she knows it was rue, and is certain that it was a powder; the powder was given in the morning. Witness thinks it smelled like camphor, which she perceived when the prisoner put it in a tea saucer. Doctor Barton Carpenter. Witness has seen the prisoner before; resides 2 or 3 miles from Best's, where the deceased was; and saw him for the first time, during her illness; he called upon him for medicine, and asked him for opium and some other medicine. Prisoner gave witness a description of her case; he said his wife had tåken cold; and it was at a time she usually was unwell; and that at those times she was in the habit of taking opium, and that she could not well do without it. He then asked for a puke and two potions of physic, and some fever powders: he stated one of the potions was for himself, that he also was unwell. Witness gave him opium: he said he wanted not only enough for that time, but some to take along on the journey. Witness thinks it was on Monday or Tuesday. He gave him half an ounce of opium; one dose of emetic tartar; two potions of physic, in the form of pills, the ingredients of which were jalap and aloes, such as are ordinarily administered. Witness gave prisoner a large dose for himself. The fever powder was composed of opium, camphor, and emetic tartar: prisoner had three or four of them; he took his medicine and went off, without asking the witVOL. III. 4 Kesler. |