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TRIAL
OF
    ALLEN C. LAROS
                      ///
        AT EASTON, PENNSYLVANIA, AUGUST, 1S7U,

            FOR THE MURDER OF

   HIS  FATHER, MARTIN LAROS,
             by roisoiv,
     AND HIS DEFENCE, BASED UPON THE ALLEGATION OF

EPILEPTIC  IHSANITT,
TOGETHER AVITII
  THE ARGUMENT ON THE RULE FOR A NEW TRIAL

              AND

PROCEEDINGS UFON THE PLEAS IN BAR OF THE SENTENCE.
FROM VARIOUS NEWSPAPER REPORTS AND MANl'SCKJIT NOTES.
        COLLATE!) AND REVISED
BY F. W. EDGAR, OF THE NORTHAMATON (.'ffi/NTY KAU.«' >-, i .. \ 1~K~\?

            "      ^uH3!:CNbLNrRAL J Orr'iCJ
—icp-
    EASTON, PA.:    |
COLE & MOKWITZ, Publisher^.
/ (p v -ST3 <*
1877. 
W
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  IS17 
                            NOTE BY THE EDITOR.
  Parts of this trial are reported verbatim;  the rest is as nearly so as it is possible to
make it now.  The newspapers did not print all the details and a false economy had de-
prived our county court of its short-hand reporter.
  I have collated the reports contained in the Easton Daily Express, The Easton Daily Free.
Press, the Easton Weekly Argus and the Bethlehem Daily Times, correcting and supplement-
ing from my own manuscript notes, made during the progress of the trial, and from the
very accurate and full notes of testimony taken by Mr. James W. Wilson, for the Com-
monwealth, and P. C. Evans, Esq., for the defence.
  The proof sheets have been submitted to the counsel who were  actively engaged In the
case for their correction and approval.  The testimony Is  believed to be truthfully
reported.  The speeches  of counsel to the  jury are for the most part merely abstracts.
The arguments upon the various questions raised  in the course  of the trial are at least
outlined and the authorities relied upon are  noted where it was possible to  obtain them.
Effort has been made to reproduce as fully as possible the arguments for and against the
positions assumed by the defence in regard  to the physical and  mental  conditions and
moral responsibility of epileptics;— and the positions assumed in  regard to the degree of
murder under the Pennsylvania statute in cases of poisoning, where the defendant shows
such circumstances as to negative the specific  intent to take life, or, where the jury fail
to find the evidence of insanity strong enough to acquit altogether yet have a reasonable
doubt that the prisoner was so free from mental disease as to be able to wilfully and delib-
erately premeditate  the  death  of the  deceased.  Judge Meyers' charge to the jury is
printed in full; so also is his opinion refusing a new trial.
  I have prepared this pamphlet for the printer at the request of the publishers and the
counsel who were engaged In the case.                                   F. W. E. 
PRINTED AT THE OFI'K'K OF THE AlKil



             EASTON, PA. 
HISTORY OF THE CASE.
   The Laros family  lived at Mineral Spring, situated on the Dela-
- ware river, in Forks township, Northampton county, four miles above
 Easton.  This little hamlet consists of a tavern and the homes of seven
 or eight families, near together  along the river road.  The Laros
 property, upon which stand the dwelling-house,  out-kitchen, barn  and
 out-buildings, faces the public road and extends down to the river, a
 distance of about fifty yards.   On the  opposite side of  the  road is
 the  shop, where Martin Laros  carried on undertaking and cabinet-
 making.  The dwelling-house is a  two-story brick, with an attic,  and
 is about 38x25 feet, divided into three rooms and  a hall  down stairs
 and two rooms up stairs.  The out-kitchen is a frame building, about
 18x20 feet, detached from the main house and standing some twenty
 feet nearer the river.  rAll  the  fences and out-buildings are neatly
 whitewashed, the garden is well kept, and the whole place bears  evi-
 dence  of the  thrift  and industry  of the family.   At the foot of the
 Laros property,  just across the line, is the mineral spring  which gives
 the hamlet its name.
   Martin Laros, the father of the family, was fifty-seven years old, his
 wife was fifty-one.  They had lived at Mineral Spring for thirty years.
 He taught  school during the winter months, worked his small farm in
 the summer and at the same time  was employed  as undertaker  and
 cabinet-maker.  He was quiet,  unobtrusive  and respected  in  the
 neighborhood.  Mrs. Laros was a woman of domestic habits and lively
temperament.  They have had seventeen children, thirteen of whom
are now living.  Several of them  have been school teachers   Some
are living in the neighborhood and others have removed to a distance.
At the time of the poisoning the family consisted of the father  and
mother, Allen (the prisoner), Erwin, Alvin, Clara,  Alice and  a very
young  grandchild.  Moses  Schug,  also a member of the household, 
 was a bachelor, sixty-two years of age.  He assisted Martin Laros on
 the farm and in the shop.
   On Wednesday evening, May 31, 1876, while the family were at the
 supper table they were one by  one  taken violently ill.   Neighbors
 came in to do what they could for the sick and physicians  were sum-
 moned.   Allen also assisted in caring for the sick; he was taken ill
 later in the evening.   Mrs. Laros died at seven o'clock the next morn-
 ing, Mr. Laros also died on Thursday, about noon, and Moses  Schug
 at three  o'clock  on Friday afternoon.   The  other members of the
 family recovered in about a week.
   Deputy Coroner Henry S. Carey  impanelled the following named
 citizens:  James E. Reilly, George  Sharp, Jeremiah  Uhler, Samuel
 Sandt, jr., Levi Sandt  and J. P. Correll.    The inquest was begun on
 Thursday afternoon and on Saturday  the  following verdict was ren-
 dered :
   "That  the said Martin Laros, Mary Ann Laros and Moses Schug
 "came to  their deaths from the effects  of arsenic poison, administered
 "in coffee on Wednesday evening, May 31, 1876, and that  we believe
 "the same was administered by Allen C. Laros."
   A warrant was issued at once, young Laros was  arrested  as he  lay
 sick in his bed and taken to the county prison at Easton.
   The prisoner is  about twenty-two years  of  age, a little under the
 medium height and slightly built.   His complexion is dark and rather
 sallow, his eyes and hair black.  He had received an ordinary common
 school education and is fairly intelligent.  He was temperate, industri-
 ous and moral  and was a member of the "Forks"-church.  He was
 always disposed to be  somewhat reticent and spent much  of his time
 alone.  For several years past he has taught school in  the  neighbor-
hood and  in  connection with the duties of his  school had  begun the
study of law. 
 The Commonwealth\           Northampton County :

  of  Pennsylvania  /      In the Court of Oyer and Terminer.

          vs.          ( Sur indictment for the murder of Martin Laros.

   Allen C. Laros.  /          August  Term, A. D.  1876.


 Before the Honorable
  Oliver H. Meyers, President Judge,
  Joseph Laubach and Josiah Cole, Associate Judges.

 For the Commonwealth were
  John C. Merrill, Esq., District Attorney, and Edward J. Fox, Esq.
 For the Defence were
  Hon.  William S. Kirkpatrick and Henry W. Scott, Esq.


                 Tuesday Afternoon, August 15.
   The defendant's counsel move for  a continuance until next term on
 the ground that an important and material witness who had been sub-
 poenaed by the defendant was too ill to attend at the trial.  They were
 unwilling to disclose his name and the nature of his testimony  in open
 Court, but  would  submit affidavit of facts and a sworn statement to
 the Court for their private inspection.
   Mr. Fox objected, and said that the commonwealth had a right to
 know  the name of the witness and the nature of the  evidence he was
 expected  to give  in order to resist the application  and offer counter
 affidavits if necessary.
   But Judge Meyers said—Let the counsel for the defendant present
 their reasons for a continuance, together with the affidavits, to us pri-
 vately after  the Court has  adjourned.
                Wednesday Morning,  August 16.
   Judge Meyers said:—Application has been made to  have  the case
of Allen  C. Laros continued on the ground of sickness of a material
witness.  The name and evidence of the witness has been given to the
Court in confidence. The  Court  have been very careful in the exam-
ination of the question.  The constitution and the bill of rights  pro-
vide that the prisoner shall have a speedy trial, but does not grant the
same privilege to the commonwealth.   Courts have always been very
lenient in cases where it can be shown that the prisoner has used due dili-
gence in preparing his case and arranging his defence.   Without dis- 
2
closing the nature of the evidence we will say that the defendant  has
subpoenaed the witness,  and he is not here, but is sick,  and that he is
material.   The only question is whether the evidence of the  witness is
material,   and  the  class  of  evidence   to  which  this   evidence
in  question  belongs.   If it  had  been  locked  up  in   the   wit-
ness'  own  breast  only,  and   not  known  to  any  one else,  there
perhaps would be some ground for waiting for that evidence, but when
several witnesses know the facts  the Court cannot help it if the defend-
ant does not make provision for  all casualties which  may arise.  The
Court is unanimously of the opinion that the  motion  ought  to  be de-
nied.
  Mr. Kirkpatrick—I renew the application for a continuance and will
lay additional ground  to base it upon.  The witness whose  testimony
was so material for the prisoner,  and  who could not attend, was  Dr.
Isaac Ray, of Philadelphia.  I saw Dr.  Ray personally and laid before
him the facts.  With the facts  I laid  before Dr. Ray, the pamphlet
purporting to contain the evidence at the Coroner's inquest and  certain
alleged confessions of the prisoner, I did not state to him that I intended
to summon him "as a  witness  until after I had obtained his opinion.
The Dr. stated it as his opinion that a person who administered  poison
under the  circumstances stated to him was not morally responsible for his
acts.  The doctor is good authority in such matters, sixty-nine years of
age and has passed thirty years in  insane  asylum  practice  in  Maine
and Rhode Island and abundantly able to give opinions of weight in
this case.   The presence of this witness, with his reputation in the pro-
fession, is  of absolute importance to the prisoner  and  essential  to  the
case.  Your Honor, while expressing no doubt as to the materiality of
the evidence, entertained the opinion that  the testimony was not  shut
up in the  breast of this particular witness.  The prisoner's counsel have
reliance on the standing, character and professional authority of this
witness, and on account of the pecuniary circumstances  of the prisoner
his counsel are unable to obtain the opinion of other medical experts
on insanity, whose testimony would be of equal weight with that of Dr.
Ray. The standing and authority of Dr. Ray on questions of iusanity are
of enough  weight to make him an absolutely important witness.  We
are practically in the position of  a party  who comes  into  Court  with
his whole  case locked up in the bosom of a single witness.

  Mr. Fox—If the case is to be continued  for such  cause it would be
in the power of the prisoner to continue  it from  term to term.  The
counsel went to see the doctor when he was  prostrate ; they  therefore
chose him as their witness with their eyes open as to his physical con-
dition. If Dr. Ray has exclusive information on the subject of insanity
there would be some reason for a continuance.  We have  other physi-
cians in Philadelphia and  Trenton, experts on  insanity.  We  have
summoned ^ a  witness who  knows nothing of the facts; we have not
stated  a   single fact to him; he is coming here to hear the  testimony
himself and  examine  the prisoner  personally.  I refer to Dr. John
Curwen, of the State (Pa.) Insane Asylum.   We have not  asked the
doctor his opinion, nor shall we until he comes upon the stand.   That 
3
Dr.  Ray should  give an  opinion upon  the mere facts  submitted
and, without  seeing  or  examining  the  prisoner,  should  say  that
t he prisoner was not responsible for his acts, was monstrous and extraordi-
nary and can  only be explained by the fact that he is sixty-nine years
old.   Had the defendant's counsel gone to  a chemist and had an anal-
ysis made of a limited amount  of poison,  and no other analysis were
possible, then  the illness  of the chemist might be a good ground for
continuance.   We have no other motive than the cause of justice for
urging that the trial proceed, for, as  Your  Honors  know  we would
personally much prefer to try the case in the cool days of October than
in the heated  ones of August.
   Mr. Scott—The  Court has practically assumed that the evidence  to
be presented by Dr.  Ray is material to the defence of the prisoner, but
denies  the  application for  continuance because this kind of evidence
is not locked up in a  single breast, and we  should not have  relied  en-
tirely upon one witness.  Permit me to say  that Your Honors do not
yet understand and therefore cannot appreciate the  difficulties which
have surrounded the  counsel for the defendant.  We  have been com-
pelled to do that which no counsel ever before did for any prisoner ar-
raigned at this Bar.   We were forced to collect personally all the evi-
dence in this case.  We have traversed the county from one end to the
other ;  wherever  we had reason to expect we would find a man  who
could throw light upon the case there  we went.  There will  not be a
witness examined on behalf of the prisoner  whom we did not  ourselves
find and secure, and  in some  instances it was only with the most des-
perate  endeavor  that we  could persuade them to unseal to us their
knowledge.  The necessities of the prisoner and his relations with his
family made one witness of this character our absolute limit  and  reli-
ance.   We  procured Dr.  Ray, who for thirty years  upon the subject
of mental disease  has had  the very highest reputation in two hemi-
spheres.   We expected he would be here.  He sent a physician's  cer-
tificate yesterday afternoon.  This was the  first knowledge we had  of
his inability to assist us at this time.   We made  the application  at
once.   In other respects we are entirely ready, and our witnesses are
now in Court.   But Judge Kirkpatrick in  his affidavit has said, and I
now repeat it as solemnly as if under oath,  that if this trial  is to  pro-
ceed it imperils the life of the prisoner and  paralyzes his defence. The
general  principle  of the  books is that in cases of this kind a continu-
ance should always be granted on account of the absence of a material
witness ;  and under the circumstances we have brought ourselves alto-
gether  within  the principle.   What reason can there be against us ?
No injury can come to the commonwealth;  the prisoner is safely con-
fined behind those walls in sight  of these  windows.   This great trial
should be a careful and patient investigation.  If after that he should
be convicted let him receive the penalty of  the crime; but in the name
of the law I protest against the  present trial.  I have  heard no  reason
urged, except the great cost to the county,  in  compelling these  wit-
nesses to return atanother Court.  If the question of  costs shall weigh
against  a human  life then let us proceed  and add another victim  as
a holocaust to  the great tragedy. 
4
   Judge Meyers—We adhere to the position taken by  the  Court this
 morning.
   Mr. Kirkpatrick—Your Honor will note an exception.
   Mr. Kirkpatrick—The defendant moves to quash the array  for the
 following reasons, which I ask may be filed:—
   1. That the jury wheel was not in the custody of the Jury Commis-
 sioners from the time the wheel was filled until the drawing of the said
 jurors.
   2. That the return to the writ of venire facias does not set forth that
 the said jurors were taken or summoned from the body of the county.
   3. That the writ  of venire docs not appear to have been executed by
 the proper officers, the return to  the same being made by the Sheriff
 and one Reuben Schlabach, claiming to be a deputy, and  setting forth
 a partial execution  of the writ by the said Schlabach.
   4. That the return to the said writ of venire does not set  forth the
 execution and service thereof according to law.
   5. That the jury process and the execution thereof is  defective for
 errors apparent on the face of the record.
   6. That the  writ appears to be  partially executed by one C. H.
 Rickert,  to whom the writ of jury process  was not directed,  and who
 had no authority by law to execute or serve the same.
   Upon this question the defendant called Oliver L.  Fehr,  the  Clerk
 of the County Commissioners,  to testify where the jury wheel was
 kept.
  The Commonwealth called Birge Pierson, the Sheriff,  who testified
 as to the sealing of the jury wheel and its custody.
  Mr.  Kirkpatrick makes a brief argument, quoting the old  law gov-
 erning the keeping of the wheel, as amended by Act of 1867 [Purdon's
 Digest, 829, pi. 4],  substituting  the Jury Commissioners and govern-
 ing their  action.  After  every  drawing the Sheriff has taken and re-
 placed the wheel in the vault, where access was had by several parties.
 This was  contrary to the law; it was liable there to all kinds of inter-
 ference.   Pie cited 6 Binney, 179, to show the fatality of not drawing
 the jurors from  the body of the county.  Six of these  jurors have been
 served with writs by C. H. Rickert, whose name does not appear be-
 fore, and these six are in the jury panel.  He  also  cited  6 Binney,
 447; 23 P. F  Smith, p. 321, and 27, P. F. Smith, p. 205.
  Mr.  Fox—Attempting  to  speak in  reply, is  intexvupted by Mr.
 Scott.
  Mr. Scott—If Your Honor pleases, we now file our formal objection
 to the appearance of Edward J. Fox, Esq , on the side of the common-
 wealth as attorney  to  prosecute upon the appointment  of the  Court
 alone and without the request or consent of the District Attorney.
   The  Court—Will Mr. Merrill indorse his request upon the order of
 appointment ?
  Mr, Scott—The order of appointment was made on the 14th and Mr.
 Merrill's indorsement this moment made is also dated the 14th.  I ask
that it be changed to conform with the fact.
  The  Court—I will make the alteration—16th as  of the 14th,  The
defendant's objection is overruled.  Proceed Mr. Fox. 
5
  Mr. Fox continued his argument, commenting upon the statutes pro-
viding for the custody of the jury wheel by the Jury Commissioners.
It was in a proper place, viz : their office, which was in  this case the
County Commissioners' office, and in  the safest place, viz.:  the vault.
No  charge has  been made  that the lock or seals have been disturbed.
No  suspicion of tampering has been proved..  The  law  does  not re-
quire that the  jurors be  summoned from the  body of  the county.
The venire  says the names shall be taken from the wheel containing
the names of the qualified electors.   The fourth and fifth objections
are vague.  The six jurors  are  here, no  matter  how  defective the
summoning.   Therefore there  can  be no  prejudice to the defendant.
I think, therefore, there is no ground for quashing.
  Mr. Kirkpatrick replied and maintained that the Jury Commission-
ers  had not held the wheel in the office where they met; also spoke of
the fact that the Sheriff had last had  the wheel in his possession.  The
law means that the Jury Commissioners should  have  and hold the
wheel in their own actual possession,  not in the vault of another de-
partment.  The stamps are  ordinary ones, and we have no assurance
the seals have not been tampered with.   The service must be strictly
according to law7.
  Mr. Fox  offers the testimony of  Sheriff Pierson that  C. H. Rickert
was his deputy before and at the time of summoning the  said jurors.
  Mr. Kirkpatrick objected that it would contradict the  record of the
return.
  The Court allowed the question and the defendant asked for a  bill
of exception.
  Mr. Fox offered  to prove by A. J. Snyder, the Clerk of the Court,
that  the  six jurors who appear to  have been summoned by Rickert
were in actual attendance and bad answered to their namee.
  Mr. Kirkpatrick objected that it was incompetent and  irrelevant to
the matter before the Court.  The Court allowed  the evidence to be
given, to which ruling the defendant  took an exception.
  The witness proceeded, and then the six jurors  being called, four
petit jurors answered to  their names and two it appeared were grand
jurors.
  Mr. Kirkpatrick met the  objection  of the commonwealth and said
the cause of the prisoner is prejudiced in contemplation of law by error
in the process, even if the jurors summoned were present  in Court. He
cited Whart. Crim. Law, 3 vol., §3,042 (a), to show that there might
be a presumption of prejudice to the defendant.
               Wednesday Afternoon,  August 16.
  His Honor  Judge Meyers delivered  an  opinion on the questions
raised by  the motion  to  quash the  array.   He  said  that  there
must  be  a  compliance  with  the  letter  and  spirit  of the  law
as to the summoning of juries, otherwise the array would be quashed.
The Jury Commissioners having selected  the  County Commissioners'
office as their place of meeting, and the Clerk to  the County Commis-
sioners, acting as their clerk, it must be considered that when the wheel
was kept in that office,was a compliance with the law requiring the wheel 
6
to be kept in the charge or custody of  the  Commissioners; and  as  it
was not shown that the wheel had been tampered with that question
is disposed of.  That as to the jurors not being  summoned from the^
body of the county the Court held that those summoned being quali-
fied electors of the  county the jurors were from the body of the county.
As to the service having been made not entirely by the -Sheriff, but by
Reuben Schlabach  and C. H. Rickert, Deputy Sheriffs, in  connection
with the Sheriff, it  appearing that the service was made personally by
either the Sheriff or deputies at least ten days before Court, the Court
held the service cufficient; also that although the return was  made by
both the Sheriff and one of the deputies, yet the return of the deputy
can  be  treated as surplusage and the return is to be considered  and
treated as a return by the Sheriff.
  The motion to quash the array is denied.
  At the request  of the defendant's  counsel a bill of exceptions was
sealed.
  Mr. Scott, of counsel for the defendant, then moved to quash the in-
dictment for the following reasons :—
  1. That the indictment sets forth that the grand jury presented the
bill " on their oaths and affirmations "  respectively and does not  spe-
cifically state that those who were affirmed were those who under the act
could be legally affirmed.
  2. That the indictment, containing but one count, contains  it in two
charges or offences, viz.: murder by common law and  murder by stat-
ute.   That at  common law  it was necessary to specify the particular
instrument of death ; by statute of 1860 it was not necessary to specify
the immediate instrument of death, and that thus two offences were in-
cluded in the same count of the indictment.
  After hearing Mr. Scott in support of the motion and Mr. Fox  con-
tra the Court held  that while the indictment might have been  drawn
with more brevity, yet there  was no duplicity and it was good.   And
that in the absence of any proof of irregularity in the swearing of the
grand jury they must be presumed to have been  properly sworn and
affirmed, the law presuming that to have been done which by law ought
to be done.
  The Court, therefore, overruled the motion to quash, and at the re-
quest of the defendant's counsel sealed a bill of exceptions.

  Judge Meyers ordered the prisoner to be  arraigned.
  A. Jackson Snyder (the clerk)—Allen C.  Laros stand up and hold
up your right hand, hearken to this indictment:—
Northampton County: Ss.
  The Grand Inquest of the Commonwealth  of Pennsylvania,  inquiring
for the county of Northampton, upon their oaths and affirmations re-
spectively do present that:
  Allen C. Laros, late of said county, yeoman, not having the fear
of G-od before his eyes, but being moved  and seduced by the instigations
of the devil, and of his malice aforethought, wickedly contriving and in-
tending a certain Martin Laros with poison,  wilfully, feloniously and  of
his malice aforethought to kill and murder on the thirty-first day of May,
in the  year  of our Lord one thousand eight hundred and seventy-six, 
7
with force and arms, at the county aforesaid, and within the jurisdiction
of this Court, did knowingly, wilfully and feloniously, and of his malice
aforethought, put, mix and mingle certain  deadly poison—to wit: white
arsenic—in certain coffee which at the time aforesaid had been prepared
for the use of the said Martin  Laros,  he,  the said Allen C. Laros, then
and  there, well knowing that the said coffee with which he, the said
Allen C. Laros, did so mix and mingle the  deadly poison aforesaid, was
then and there prepared for the use of the said Martin Laros, with the in-
tent to be then and there administered to him for his drinking the same
and the said coffee with which the said poison was so mixed, as aforesaid,
afterwards, to wit:  On the said 31st day of May,  in the year last afore-
said, was delivered to the said Martin  Laros to be  then and there drank
by him, and the said Martin Laros not knowing the said poison to have
been mixed with the said coffee did afterwards, to  wit:  On the 31st day
of May, in the year last aforesaid, at the county aforesaid, there drink
and swallow down into his body a large quantity of said poison, so mixed
as aforesaid with the said coffee, and the said Martin Laros, of the poison
aforesaid, and by the operation thereof, on the said 31st day of  May, in
the year last aforesaid, in the county aforesaid, became sick and greatly
distempered in his body, of which said sickness and distemper of body,
occasionod by the taking, drinking and swallowing down in the body of
the said Martin Laros of the poison  aforesaid,  so mixed and mingled in
the said coffee as aforesaid, he, the said Martin Laros, from the said 31st
day of May, in the year last aforesaid, on which he  had so drunk and
swallowed down the same as aforesaid, until the 1st day of  June,  in the
year last aforesaid, in the county  aforesaid, did languish, and languish-
ing did live, on which said 1st day of June, in the year last  aforesaid, at
the county aforesaid, he, the said Martin Laros, of the poison aforesaid,
so taken, drank and swallowed down as aforesaid,  and of the said sick-
ness and  distemper thereby occasioned did die.  And so the inquest
aforesaid, upon their oaths and affirmations respectively, ajaforesaid, do
say that the said Allen C. Lares, him, the said Martin Laros, in the man-
ner and by the means aforesaid, then and there feloniously,  wilfully and
of his malice aforethonght, did kill and murder contrary to the form of
the act of the General Assembly  in  such  case made and provided, and
against the peace and dignity of the Commonwealth of Pennsylvania.
                     (Signed)            JOHN  C. MERRILL,
                                               District Attorney.
Indorsed:
  June 14, 1876.
  A true bill.
      John Biglin,
             Foreman.

   Ihe Clerk—Allen C. Laros what say you, guilty or not guilty ?
   The Prisoner—Not guilty.
   The Clerk—How will you be tried ?
   The Prisoner—by God and my country.
   The Clerk—God send you a safe deliverance.
  The issue was then made up.

  The list of jurors  was called and the drawing began.
  Robert Ott,  agent,  Bethlehem  borough, sworn on his voir dire.—
Have formed an opinion as to the guilt or innocence of the prisoner ;
it depends on circumstances whether I could find a verdict of acquittal
or conviction ;  I have no conscientious scruples against the death pen-
alty; I formed my opinion from reading newspapers; I  could  find  a
verdict  from the evidence;  I can't tell whether I read the evidence m 
8
pamphlet;  I read the Daily Times;  I read some of the testimony taken
before the  Coroner's inquest;  from  this I formed my opinion ;  my
opinion would require considerable evidence to remove ;  it was a  de-
cided opinion ; if I heard evidence that I considered him not guilty
the impression would be  removed ; I could  not tell whether my im-
pression would influence me if on the jury ; if I went into the jury box
I  could  find  a  verdict according to the evidence;  I feel so; my im-
pression is not so decided that it would weigh in the  case.
   Accepted as juror No. 1 and sworn to try the issue.
   Solomon  Bachman, gentleman, Williams  township.   Pie is  nearly
seventy years of age and can only hear indistinctly.  He was excused.
   Robert H. Lerch, carpenter, Easton, sworn  v. d.—I  have formed
and expressed an opinion; I have conscientious scruples  against capi-
tal punishment;  my  conscience would not permit me to find a verdict
in the first degree.  Challenged for cause by commonwealth.
   Amandus  Young,  carpenter, Allen, sworn v. d.—Have no opinion
on the case ; I have no conscientious scruples against hanging ;  I have
heard and read of this case; I read Cole's German paper ;  it published
the testimony at the Coroner's inquest;  I  came to no  conclusion ;  I
read no other papei\   Challenged peremptorily by defendant.
   John Best, farmer, Williams, sworn v. d.—I have formed but not ex-
pressed an opinion; have  no conscientious scruples  against hanging;
my opinion was merely by hearsay; I could render a  verdict according
to the evidence ; I have formed no opinion that would  require some evi-
dence to change.
   Accepted as juror No. 2 and sworn to#try the issue.
   William Bachman, sworn on his voir dire.
   The Clerk,  examining—I have formed or expressed no opinion.   I
have no conscientious scruples against hanging.
   By Mr. Fox—If it was true as the newspapers said  I made up  my
mind.  I read the  Bethlehem  Times  and the Easton Argus.   Read
what was said at the Coroner's inquest.
   By Mr.  Kirkpatrick—I don't know whether it would require evi-
dence to remove my impression or  not.  My  impression  would have
effect on my verdict.   It would have much weight.
   By Mr. Fox—I could dismiss this impression  if the evidence would
warrant.
   The defendant challenged for principal  cause.
   Mr. Kirkpatrick cited Whar. C. L., vol. 3, sec. 3075.
   Mr. Fox cited O'Mara et al. vs.  the Com., 25 P. F. Smith 425, and
Ortwein vs. the Com., 26, Ibid. 421.
   Mr. Fox, re-examining the juror—I can't tell  now what it was I read
in the papers. I think it was the testimony before the Coroner. I did
form an opinion, but you can't tell by newspapers what to believe.
   Ihe Court—The challenge for principal cause is not sustained.
   Mr. Kirkpatrick—We ask a bill of exception and  now challenge to
the favor.
   Thereupon  arose  a discussion, in which Messrs. Fox, Kirkpatrick
and Scott took part, as to the distinction between a challenge for prin-
cipal cause  and a challenge to the favor. 
9
  But the Court did  not sustain the challenge to the favor, to which
ruling the defendant took a bill of exception and challenged the juror
peremptorily.
  Henry G. Beck, farmer, Upper Mount Bethel,  sworn v. d.—Have
formed  and  expressed  an opinion; I have no conscientious scruples
against hanging;  I formed an opinion of what I heard and read ; read
the papers ;  read the evidence before the Coroner's jury ; if that was
true what was in the paper he ought to be hung ; except the witnesses
would convince me I would go according to  the papers; could find  a
verdict according to the evidence; it would require much evidence to
remove my impressions ;  I read the  Free  Press.  Challenged for cause
by  defendant.
  Henry Ehrhard, farmer, Lower Saucon, sworn v. d.—I am not well
enough to sit as a juror;  was hurt while plowing.  Excused.
  Owen Walter, Justice of the Peace, Williams.—Called, but  did not
answer.  The Court stated that it had  received information that Mr.
Walter was confined to his house by illness.
  Philip Crock, Allen, sworn v. d.—Have formed and expressed an
opinion ; I am not against hanging  ; I  did not put my mind on it be-
cause I could not believe it;  could  find a verdict according to the evi-
dence:  I read about this; I  read the Free Press; read some of the evi-
dence before the Coroner ;  I have not made up my mind ; have not
talked about it.  Challenged peremptorily by the commonwealth.
  John H. Blair, tinsmith, Bath, sworn v. d.—Partly formed an opin-
ion ;  have no scruples against  hanging ; could render verdict accord-
ing to  evidence;  read  the papers; read the evidence before the Cor-
oner ; opinion was formed by reading Bethlehem Times and Free Press;
did not read copy  containing picture; it would take evidence to remove
my impression; my partly formed opinion would have no weight with
me in rendering the  verdict; have seen but not read the pamphlets ;
did not read any part of  them.
   Challenged by defendant for principal cause.   The challenge not
sustained by the Court.   Defendant challenged "for favor."  Challenge
not sustained.  Exceptions taken to both  rulings.   Juror then chal-
lenged by defendant peremptorily.
   Joseph M. Scott, Jr., manufacturer, Upper Mount Bethel, sworn v.
d.—Had partly formed an opinion ; no conscientious scruples against
hanging; read about it  in the papers : could find a verdict according
to  the evidence uninfluenced by my opinion ; read very little about it;
did not read  the  pamphlets;  could render a verdict  in  accordance
with the testimony.
   Challenged peremptorily by the commonwealth.
   Daniel S. Ritter, gentleman, Hanover, sworn v.  d.—Partly  formed
an  opinion ; have no scruples against  hanging ; formed opinion from
reading  evidence  before Coroner's jury; could form a verdict accord-
ing to the evidence ; would take little evidence to remove present im-
pressions:  my present impression would not influence me as a juror.
   Accepted as juror No.  3 and sworn to try the issue.
   David Lee, blacksmith. South Easton, sworn v. d.—Has formed  an
opinion; has conscientious scruples against hanging ; could not find a 
10
verdict according to the evidence.   Challenged by commonwealth for
cause.
  Philip Hess, farmer, Upper Mount Bethel, sworn v. d.—Has formed
an opinion :  no scruples against hanging ; formed opinion from reading
and hearsay ; it would take strong  evidence to change my opinion ;
would  be influenced by my present opinion ;  couldn't render a fair ver-
dict according to evidence.  Challenged by defendent for cause.
  Samuel Lockard,  farmer, Lower Mount Bethel, sworn v. d.—Has
formed an opinion; has no scruples against  hanging;  formed opinion
from papers and the evidence  of  the  witnesses before the Coroner;  I
think I could render a verdict according to the evidence ; my opinion
as a juror would not alone be formed by what was  testified  in  Court;
it would take  some  evidence to remove my impression;  my opinion
would  have some effect  in forming  my  verdict; did not read the
pamphlets;  have not  expressed  an opinion to anp one in particular;
have talked about it at home ; I think I could lay my opinion aside
were I  to go into the  jury box; I would render the verdict according
to the evidence; my opinion might have somewhat of weight.
  The  Judge asked him if  his  verdict would entirely depend  on the
evidence.   He  said   his verdict would be as the  evidence detailed in
Court.   My previously formed opinioned would have no effect  on my
mind on making the verdict.
  Challenged by defendant  for cause.   Not sustained.   Also "for fa-
vor ;" not sustained.   Exceptions taken to both rulings.  Challenged
by defendant peremptorily.
  Daniel Rothrock, farmer, Lower Saucon, sworn  v. d.—Has formed
and expressed no opinion ; has no scruples against hanging;  have not
read much of this  case; could decide upon the evidence.
  Accepted as juror No. 4 and sworn to try the issue.
  Andrew  Transue,  farmer,  Bethlehem township, sworn  v. d.—Has
formed and expressed  no opinion; has no scruples against hanging;  I
read the testimony in the Argus, but formed  no opinion; read part of
a pamphlet; did not make up my mind whether he was guilty or not.
Challenged peremptorily by defendent.
  Conrad Zieraer, barber,  Easton, sworn v. d.—Has formed and ex-
pressed an  opinion; has  no  scruples against hanging ; could find  a
verdict according to the evidence uninfluenced by  present opinion; the
opinion is  pretty strong;   I  read the testimony before the Coroner ;
would  take strong  evidence to  remove my opinion ; I have got my
ideas about it; expressed  my opinion what ought to be done.   Chal-
lenged  for cause by defendant.
  Jacob H. Frankenfield, farmer, Hanover, sworn v. d.—Has  formed
an opinion,  but not  expressed it; has no scruples against hanging;
formed an opinion from hearsay, but would not be influenced ;  read  of
it in the newspapers; read the testimony; think my opinion would
have some influence with me ; would take strong evidence to  remove
it; I would be governed by the evidence in my verdict; would think
of my opinion in the jury box.  The juror was ordered to stand aside.
  Thomas  Judge, innkeeper,  South' Bethlehem,  sworn  v. d.—Has
formed and expressed  an opinion;  has no conscientious scruples against 
11
 hanging; the opinion would  have  baaring on my verdict;  would in-
 fluence me ;  think it would be pretty hard to convince me. Challenged
 for cause by defendant.
   Peter S. Miller, farmer, Plainfield, sworn v. d.—Has formed and ex-
 pressed  an opinion ;  has  no conscientious scruples agniust hanging;
 read the newspapers ; could render a verdict according to the evidence
 uninfluenced  by  ray  opinion; I talked about it; my opinion would
 have no weight with me in forming a verdict.
   Accepted as juror No. 5 and sworn to try the issue.
   Peter Nicholas, foreman, Allen, sworn v. d —Formed  but never ex-
 pressed an opinion ; has  no  conscientious scruples  against hanging ;
 read testimony and pamphlets; could find a verdict according to the
 evidence.
   Accepted as juror No. 6 and sworn to try the issue.
                  Thursday Morning, August 17.
   William Rader, carpenter, Nazareth, sworn v. d.—Has formed and
 expressed an opinion ;  has no conscientious scruples against hanging ;
 read the newspapers; if sworn as a juror I could render  a verdict ac-
 cording to the evidence without any influence  from my present opin-
 ion ; I read the Easton Argus; I think  I would not  be governed by
 the opinion I have formed ;  I never expressed an opinion, but had only
 general talk;  I have no prejudice with  regard to the defence of insan-
 ity in cases of this character.
   Accepted as juror No. 7 and sworn to try the  issue.
   Frederick Troxell, painter, Easton, sworn v. d.—Has formed and ex-
 pressed  an  opinion ; has no scruples against  hanging ; read the testi-
 mony  at the Coroner's inquest; I  think I could  render a verdict ac-
 cording to the evidence uninfluenced by a former opinion ; I read the
 testimony before the Coroner and formed my opinion   from  it; would
 be governed entirely by the evidence;  my opinion is a loose one  that
 would have no weight if in the jury box; I am  not opposed  to a de-
 fence founded upon insanity ; the opinion I had formed is not a strong
 one ; have talked about it;  have expressed an opinion what ought to
 be done with Laros; it would not take strong evidence to dismiss my
 opinion.
   Defendent challenges for cause.  Not sustained.  Excsption taken.
 Defendant challenges to the favor.
   (Question by the Court—Have no  bias in favor or against the pris-
 oner ; I stand indifferent.  Not sustained.  Challenged by defendant
 peremptorily.
  Richard Wolfram,  machinist,  South  Easton, sworn v.  d.—Has
 formed an opinion; has no scruples  against hanging;  I  read in the
newspapers of the Coroner's incjuest; I don't think I could find a  ver-
dict according to the evidence.  Challenged by defendant for cause.
  Thomas J.  McFall, cordwainer, Forks, sworn v. d.—Has formed
 and expressed an  opinion; has no conscientious  scruples against hang-
 ing; think I could find a verdict according to the evidence given here
 uninfluenced by my opinion ; read the  Easton Argus and Free Press;
 formed my opinion  from what I read and saw; was at the Coroner's 
12
inquest;  my present opinion would have some weight with me.  Chal-
lenged for cause by defendant.
  Henry H. Desh, drover, Bethlehem, sworn v. d.—Has formed  and
expressed an opinion ; has no conscientious scruples against  hanging ;
I think I would be influenced by my present opinion in forming a ver-
dict.  Challenged for cause by defendant.
  William Rooker, potter, Easton, sworn v. d.—Has formed and ex-
pressed an opinion ; has no conscientious scruples  against hanging ;  it
would  be hard to  exclude my present opinion in forming a verdict.
Challenged for  cause by defendant.
  John Whitty, carpenter, South Bethlehem, sworn v. d.—Has formed
and expressed no opinion; has no conscientious scruples against hang-
ing ; I have not read about this case ; would not be against a defence
founded upon insanity.   Challenged peremptorily by defendant.
  Henry Beil,  Justice of the Peace, Allen, sworn v. d.—Has formed
and expressed an opinion ; has no conscientious scruples against hang-
ing ; could find  a verdict according to the evidence uninfluenced by my
opinion ;  I  read the testimony in a German  pamphlet; would  not go
for  hanging a  man if he is of unsound mind ; my opinion was a de-
cided one;  would dismiss that opinion if I went into the jury ;  have
expressed an opinion ; talked about it to my neighbors ; only the testi-
mony in the pamphlet induced  my opinion.
  Accepted as juror No. 8 and sworn to try  the issue.
  William  McEwen, shoemaker, Lower Mount Bethel, sworn v. d.—
Has formed and expressed an opinion ;  has no scruples against hang-
ing ; think I could form a verdict  according to the evidence here ; my
opinion might have some weight;  I would  find according to the  evi-
dence; it  would require strong  evidence  to  overcome my opinion.
Challenged by defendant for cause.
  Reuben Nolf, laborer, Nazareth, sworn v. d. Has formed and ex-
pressed an opinion; has no scruples against hanging ; could find a  ver-
dict  from  the  evidence;  read Cole's Demokrat and an Allentown
paper ; talked of the case to my neighbors ;  would not require strong
evidence to remove my opinion ; I would be willing to let off a man  of
unsound mind.   Challenged peremptorily by the defendant.
  Peter Stem,  shoemaker, Upper Mount  Bethel, sworn v. d.   Ha*
formed and expressed an  opinion ; has no scruples against hanging ;
my opinion is so strong that it would weigh with me.  Challenged for
cause by  defendant.
  John H. Buck, cigar  maker, Easton, sworn v. d.  Has formed an
opinion ;  has no scruples against hanging : could not find a verdict ac-
cording to the evidence . has a prejudice against the plea of insanity.
Challenged for cause by defendant.    ,
  Aaron  Steckel, Justice of the Peace, Moore, is hard of hearing  and
is excused.
  William Jacoby, farmer, Upper Mount Bethel, sworn v. d.   Has
formed and expressed  an opinion ; has no  scruples against hanging ;
might  decide according  to the  evidence,  but my opinion  is fixed'.
Challenged for cause by defendant.
  B. F. Sehnable, clerk, Bethlehem, sworn v. d.  Has formed but not 
13
expressed an opinion; has no scruples against hanging; don't think I
would be influenced by my present opinion; am not opposed to a de-
fence on the ground of insanity.
  Accepted as juror No. 9 and sworn to try the issue.
  Andrew Luckenbach,  merchant,  Bethlehem, sworn  v. d.   Has
formed and expressed an opinion ;  has no scruples against hanging; I
think it would be difficult to form a verdict after my opinion.  Chal-
lenged for cause by defendant.
  Owen Richards, farmer, Williams, sworn v. d.  Has formed or ex-
pressed no  opinion; has no scruples against hanging;  has not read
much about this case ; talked a little about it.   Challenged perempto-
rily by defendant.
  Ludwig Beck,  innkeeper, Lower Mount Bethel, sworn d. v.  Has
not  formed an  opinion ; has no scruples against hanging ; has read
about the case; have not talked much about the case; on the question
of unsound mind I would be governed by  the  evidence.   Challenged
peremptorily by the  Commonwealth.
  Josiah  A. Siegfried, clerk, Easton, sworn v. d.  Has formed and ex-
pressed an opinion ;  has no scruples against hanging; could find a ver-
dict according to the  evidence;  has no feelings against a defence of
 unsound  mind.
   Accepted as juror  No. 10 and sworn to try the issue.
   George A. Weaver, farmer, Saucon,  sworn  v.  d.  Has formed and
expressed an opinion ; has no scruples against  hanging;  would  find  a
verdict in accordance with the evidence uninfluenced by  my present
opinion ;  I  would require strong evidence to acquit a man of insanity;
I read the testimony before the Coroner.  Challenged  by defendant
 for cause.
   Question by the Court—Opinion was not very  decided; I  waited
 for more evidence ; no feeling of bias against the defendant; I would
 stand indifferent.
   Not  sustained.    Challenged by defendant "for favor."  The juror
 was directed to stand aside.
   P. A. Fritchman,  Jr., PVeemansburg, sworn v. d.  Has  formed and
 expressed an opinion; has no scruples  against hanging ; could  find  a
 verdict according to the evidence ; don't think my opinion would in-
 fluence me ; I read the testimony  before the Coroner; both the Argus
 and Free Press; has no objection to the plea of insanity.  Challenged
 peremptorily by defendant.
   Charles Frace, merchant, Easton,  sworn v. d.  Has formed and ex-
 pressed  an opinion ; has  no  scruples against hanging ; would find a
 verdict according  to the evidence>uninfluenced by my opinion ; I read
 the testimony before the  Coroner's inquest; I would not convict the
 prisoner if I thought he was of unsound mind.
   Accepted as juror No. 11 and sworn to try the issue.
   Frank Stewart, clerk,  Easton, sworn v.  d.   Has formed and ex-
 pressed an opinion;  I am opposed to hanging for murder. Challenged
 for  cause by commonwealth.
   George P. Frederick, farmer, Plainfield, sworn v. d.   Has formed
 and expressed an opinion ; has no scruples against hanging ;  I think 
14
my opinion would govern me.  Challenged for cause by defendant.
  C. H. Werst, clerk, Lower Saucon, was not called, having been  ex-
cused for the term on account of serious illness.
  The panel of jurors was now exhausted,  except  as to Jacob H.
Frankenfield and  George  Weaver, who had been directed to stand
aside.
  Jacob  Frankenfield,  recalled.   The opinion I had formed  would
have weight with me in the jury  box.  Challenged for cause by  de-
fendant.
  George Weaver, recalled.   Read  the  evidence in Free Press; was
not always one way of thinking till he confessed;  no fixed opinion
now; could decide according to evidence given in court; if prisoner
was insane I could not find him guilty.
  Mr. Kirkpatrick asked this question : Have you formed an opinion
as to the guilt or innocence of the prisoner from what you have read of
the testimony taken at the inquest?
  A.-Yes.
  Q.—What was that opinion ?
  Mr. Fox objected to this as an improper question.   But Mr. Kirkpat-
rick said that an answer to this question would be evidence on the chal-
lenge to the favor which we  are now trying.  Thereupon arose a discus-
sion.  The Court overruled the objection and admitted the question, which
was renewed thus:
  Q.—Was it your opinion  that he was guilty?
  A.—Could not think him guilty till there was  further  evidence at
the trial in Court.
  Q.—Did you make up your opinion before you were summoned as a
juror ?
  A.—Before.  It was no solid opinion.  I made my opinion that so
far as I heard  he was guilty.
   The Court—Challenge to the favor not sustained.
  Mr. Kirkpatrick—Your Honors will note an exception.  Challenged
by defendant peremptorily.

   The Court made an order that a special venire issue, returnable forth-
with.
   Mr. Scott filed objections thereto, viz.:
   1.  That  the regular panel does not appear to have been exhausted,
in that Owen Walter and C. H. Werst, who were summoned to appear
as petit jurors at this term and  whose names are contained in the re-
turn  of the Sheriff to the venire, have not appeared, and that there is
no return to an attachment issued to compel their attendance.
   2.  That  no testimony has been presented to the Court as an excuse
for the non-attendance of Owen Walter, one of the petit  jurors sum-
moned to attend.
   The Court, at the request of the Commonwealth, issued an  attach-
ment for Owen Walter.
   Writ of venire issues to Birge Pearson,  Esq., Sheriff.
                Thursday Afternoon, August 17.
   Reuben  Schlabach, Deputy  Sheriff,  made  return to attachment 
15
against Owen Walter, a juror, that he served the attachment personally
at one o'clock P. M. to-day; that Mr. Walter was in  bed sick, unable
to come to Court.   In the judgment of the deputy Mr. Walter's health
would be prejudiced by being brought into Court,  The Court decided
that Mr.  Walter wras entitled to be excused.
   Mr. Kirkpatrick  files  objections to writ of venire, viz.:
   1st, That the said  order and writ of venire are in the alterative di-
recting the Sheriff to summon and return from the bystanders or from
the body of the county the said thirty-six jurors.
   2d,  That the said order is not such  an  order for a tales de cirmm-
stantibus  as is required by law.
   3d,  That the Court have no power to order any other persons  to be
summoned as jurors in the event the  regular panel is exhausted  ex-
cept bystanders or such persons as are in actual attendance in Court.
   4th, That the said order and writ of venire are irregular and not
according to law.
   But the Court cited Brown vs. the  Commonwealth,  26 P. F. Smith,
and overruled both the objections to the order and to the writ of venire,
to which rulings the defendant asked  a bill of exceptions.
   P'he Sheriff selected the  following jurors from the persons in  attend-
ance:
   Benjamin Wagner, farmer, Palmer.
   A. D. Stauffer, farmer, Bethlehem township.
   John Bitters, treasurer,  Easton.
   Edward Siegfried, gentleman, Bath.
   Charles Young,  gentleman, Easton.
   Renatus Luch, farmer, Bethlehem township.
   Levin  H. Fehr,  shoemaker, Bath.
   Robert Beidleman, grocer,  Williams.
   Jeremiah Lynn, tailor, Bethlehem  borough.
   Joseph W. Kessler, farmer, Plainfield.
   Adam Meyers, farmer, Plainfield.
   J. O. Wolslayer, dealer, Easton.
   Tilghman H. Hay, farmer, Lower Nazareth.
   James Seip, farmer, Palmer.
   Reuben Walter, shoemaker, Easton.
   Thomas Yeisley, miner, Williams.
   Charles Hahn, farmer, Forks.
   Alfred Miller, teacher, South Easton.
   J. S. Stecker, painter, South Easton.
   Aaron H. Bauers, cabinet maker, Easton.
   Aaron C. Sandt, carpenter, Nazareth.
   Jacob Leidy, bricklayer, Easton.
   George Sandt, teacher, Easton.
   Edwin D. Huhn, farmer, Palmer.
   Urbanus Wirebach, laborer, South Easton.
   W. F.  Hoch, teacher, Bethlehem township.
   Charles Shitz, laborer, South Easton.
   J. P. Rohn, veterinary surgeon, Easton.
   Samuel A. Fox,  farmer, Bethlehem township. 
16
  Samuel Campbell, farmer, Bethlehem township.
  Josiah J. P'aler, Justice of the Peace, Williams.
  John U. Bachman, Justice of the Peace, (Hendon.
  Peter La wall, yeoman, Easton.
  John M. Wallace, teacher, Easton.
  G. W. Frankenfield, farmer, Bethlehem township.
  Jacob  Walter, miller, Palmer.

  And makes his return to the writ.
  The  list  of jurors  in the new panel  is called, all answer and the
drawing is begun.
  Reuben Walter, shoemaker, Easton, sworn v. d.—Has formed and
expressed an opinion ;  has no scruples against hanging ; I don't believe
I could  go  against  the opinion I now have; formed the opinion on
what I heard.   Challenged  by defendant  for cause.
  Jacob Leidy, bricklayer, Easton, sAvorn v. d.—Has  formed and ex-
pressed an opinion; has no scruples  against hanging; think I could
find a verdict according to law and evidence; formed  opinion on what
I heard ; read only little of the testimony ; would  take strong evi-
dence to overcome my opinion ;  if I found that the prisoner was of un-
sound mind I would acquit him.   Challenged by defendant for cause.
  Charles Young, gentleman, sworn v. d.—Has formed and  expressed
an opinion; has  no scruples  against  hanging ;  think I  could  find a
verdict according to the evidence ; opinion was formed by what  I  had
heard and read ;  my opinion would not control me.   Defendant chal-
lenged for cause.
  By the Court—My  opinion was only a loose  opinion.  Challenge
not sustained:  The defendant then challenges to the favor.
  By Mr. Kirkpatrick—I don't think I  ever exactly thought  he was
guilty, but thought if all I read was true he was guilty, but you can't
always believe what is in the papers.
  The Court—Challenge to the favor not sustained.  Challenged by
defendant peremptorily.
  William F. Hoch, teacher, Bethlehem  township, sworn v. d.—Has
formed and expressed an opinion ; has no scruples  against hanging ;
my opinion would influence me  in the verdict.  Challenged  for cause.
  George Sandt, student, Easton,  sworn   v. d.—Has  formed and ex-
pressed an opinion;  has no  scruples against hanging; think I could
find a verdict according to the evidence ;  the evidence  would  control
me and nothing else ; read the testimony  in the Free  Press; it would
require  strong  evidence to change  my opinion ; have no prejudice
against  a plea of insanity; am acquainted with the Laros family;  I
am a distant relative of his mother; so distant I  can't tell the degree ;
on my father's side ;  am son of Dr. John  Sandt.  [Dr. Sandt, who was
in the  audience, then stated  that  his  son was  a second  cousin
of the prisoner.]  Challenged for cause by commonwealth.   Sustained.
The defendant excepts to the ruling.
  Alfred Y. Miller, teacher, South Easton, sworn v. d.—Had an opin-
ion ; no conscientious scruples against hanging;  I think  I could find a
verdict according to law and the evidence; I would endeavor to be 
17
governed by the evidence ;  I think I could lay aside my opinion ; read
the papers; evidence before the Coroner; an opinion one would form
from reading the papers ; think I could lay my opinion entirely aside ;
read the Free Press; formed my opinion on what I read; it would re-
quire considerable  evidence to outweigh  ray opinion ; have no bias
against  the plea of insanity ; I would give the  prisoner all the benefit
of the  plea;  am not  related  to  the  prisoner; have lived in South
Easton  eight or nine years; came  from  Mount Bethel.   Challenged
for cause by defendant.
   By Mr. Kirkpatrick—If  the same testimony  were  not  produced I
Avould form a new opinion ; it would require considerable evidence to
remove the impression.  Challenge sustained.
   Charles Shitz laborer, South Easton, SAvorn v. d.—Has formed and
expressed  an opinion; has no  scruples against hanging ; I might or
might not be controlled by my opinion.  Juror directed to stand aside.
Defendant takes an exception.
   Aaron H.  BoAver, cabinet maker, Easton, sworn v. d.—Has  formed
and expressed an opinion;  has no conscientious scruples against hang-
ing ; think I could give a \Terdict uninfluenced by my opinion;  Avould
be controlled entirely by the evidence ; Avould acquit the prisoner if I
thought he Avas of unsound mind ; I have a fixed opinion noAV.   Chal-
lenged for cause by defendant.
   Adam Meyers, farmer, Plainfield, sworn v. d.—Has  formed and  ex-
pressed an opinion; has no scruples against hanging ; think I  would
form a verdict according to the evidence ;  I formed an  opinion from
what I  read ; it Avould require strong evidence to change my opinion.
Defendant challenged for cause.  Juror directed to stand aside.   De-
fendant takes an exception.
   Jeremiah Lynn, mechanic, Bethlehem, sworn v. d.—Has formed and
expressed  an opinion; has no  scruples against hanging; strong evi-
dence Avould be required to change my opinion.  Challenged for cause
by defendant.
   Joseph W. Kessler, farmer, Plainfield, SAvorn v. d.—Has formed and
expressed an opinion;  is not opposed to  hanging for murder; the evi-
dence Avould govern me in  forming a verdict; I read the evidence be-
fore the Coroner.  Challenged for cause by defendant.
   Benjamin Wagner, farmer, Palmer, SAvorn v. d.—Has  formed and
expressed an opinion ; has no scruples against hanging; have a  pretty
tight opinion :  don't knoAV  that I Avould  give a verdict contrary to my
opinion.  Challenged for cause by defendant.
   Tilghman  H. Hay, farmer,  Bethlehem township, sworn v. d.—Has
formed  and expressed an opinion ;  has no scruples against hanging for
murder; I don't knoAV that I could dismiss my opinion if I went as a
juror.   Challenged for cause by defendant.
   Charles  Hahn,  farmer,  Palmer, sworn v. d.—Has  formed and ex-
pressed an opinion; has   no scruples against hanging for murder; I
heard a great deal ; could  not  change  my opinion.  Challenged  for
cause by defendant,                                                 v
   A. D. Stauffer, farmer,  Bethlehem township, SAvorn v. d.—Has no
scruples against hanging ;  read the testimony at the Coroner's inquest; 
18
I don't think I would be influenced by my present  opinion ; it  Avould
take strong evidence to change it;  I Avould acquit a prisoner I believed
was of unsound mind.  Challenged for cause  by defendant.
  John M.  Wallace, teacher,  Easton, sworn v. d.—Has  formed an
opinion ; has no scruples against  hanging;  could  give a verdict ac-
cording to the evidence Avithout influence of previous  opinion ; I have
no prejudice against a plea of insanity.
  Accepted as juror No. 12 and sworn to try the issue.
  Charles Frace, a juror who had been SAvorn (11), was asked by the
Court if he  was  related  in  any Avay  to the prisoner.  He said he
was not.
  The jury as drawn is as folloAvs:
   1. Robert Ott, agent, Bethlehem borough.
   2. John Best, farmer, Glendon.
   3. Daniel S. Ritter, gentleman, Hanover.
   4. Daniel Rothrock,  farmer, Lower Saucon.
   5. Peter S. Miller, farmer, Plainfield.
   6. Peter, Nicholas, farmer, Allen.
   7. William Rader, carpenter. Nazareth.
   8. Henry Beil, Justice of the Peace,  Allen.
   9. Benjamin F. Schnable, clerk. Bethlehem.
  10. Josiah A. Siegfried, clerk, Easton.
  11. Charles Frace, merchant, Easton.
  12. John M. Wallace, teacher, Sixth  Avard, Easton.

                  Friday Morning,  August 18.
  Judge Meyers said :  Gentlemen of the  Jury, I feel it my duty to
say to you that you  must divest  yourselves of all previous opinions.
You must give your undivided  and patient attention to the evidence
in the  case, Avith  an earnest determination  to discharge your  duty
fearlessly and faithfully.

  District Attorney John C. Merrill then opened the case for theCom-
monAvealth as folloAvs :
  May it please the Court, Gentlemen of the Jury:—You are noAV about
to enter upon a most solemn inquiry into the manner and the cause of
the death of Martin Laros, late of Forks toAvn.ship, deceased.   I shall
not  Aveary your  ears Avith  any declamation  upon  the sacredness of
human life, or upon  the terrible Avickedness of heart and gross deprav-
ity of mind, which could conceive, premeditate,  deliberate, and carry
into execution the horrible crime of murder, a crime under any cir-
cumstances  the most detestable and  atrocious knoAvn  to the  laAvs
human  or divine; under the circumstances  to be  developed  in this
trial, most cruel  and heartless, scarcely paralleled, almost incredible;
a crime in which cupidity overleaped  all the  tenderest and most holy
affections of the human  heart, even the affection Avhich the child should
bear toAvard its parent,  aye, the affection which the  child should bear
toward the mother Avhich gave it birth, an affection which should groAV
with the growth and strengthen Avith the years ; a crime in wdiich all the
sacred memories and halloAved associations  of home  Avere lost and for- 
19
 gotten ;  in which  the  perpetrator stayed not his hand though father
 and mother and brother and sister and friend and even the°innocent
 little  babe were swallowed up in the deadly vortex of his most insati-
 ate unconquerable greed.
   Allen C. Laros,  a young man of respectable parentage, of healthful
 surroundings, of good moral and intellectual training, a teacher of the
 young in one of the public schools in the township of Forks, where he
 Avas born and reared ; a  young  man  to Avhom the Avorld opened with
 promise of usefulness and honor is here before you to-day on his trial
 charged with murder in the foulest of all its forms, murder by poison,
 murder of his OA\n father.
   Gentlemen of the Jury, I shall somewhat invert the ucual order of
 discussion by presenting to you briefly, first the law, as I anticipate it
 Avill arise  in this case.
   The common law has wisely defined murder to be,  " Avhen a person
 of sound memory and discretion unlawfully kills  any  reasonable crea-
 ture  in  being  in the peace of the state  Avith malice prepense or afore-
 thought, express or implied."
   Not every killing of a human being is murder. It is necessary that a
 person Avho kills another, in order to be guilty of the crime of murder,
 should have criminal capacity, i. e.., " sound memory  and discretion. "
   As the laAV presumes every man to be sane and to have  a sufficient de-
 gree of reason to be responsible for his acts  until the contrary  is satis-
 factorily proved, it will devolve upon the CommonAvealth,  in the first
 instance, only  to  satisfy  you of the other essential ingredients of  the
 crime, to wit: "The unkiAA'ful killing of a human being with malice afore-
 thought, "  Then if the defendant seeks  to shield  himself from respon-
 sibility for his acton the ground that he  Avas not of "sound memory and
 discretion," it  will be incumbent upon him  to  satisfy you  by  the
 weight of evidence,  that at the time of the commission of the act he
 was laboring under such a defect of reason from  disease of the mind,
 that he did not  knoAV the nature and quality of the act he was doing
 or that if he did know it that he did not knoAV that Avhat he was doing
 was Avroug.
   If this question arises at all, it must be^introduced by the defendant.
   The sanity of a person is not to be judged  by any arbitrary standard
 of sanity or insanity, or  by comparison  of the acts and declarations of
 those who  are unquestionably sane or insane, because AA'hat in one per-
 son Avould be regarded as indicative of insanity, in another,  differently
 constituted, Avould afford no proof Avhatever, and indeed might  be
 otherwise regarded in  perfect  accordance Avith his moral and mental
 constitution.  Every  man is to  be judged rather by his consistency
 Avith himself—not  by a  single  act of declaration,  but by  his Avhole
 range of life and conduct,  or the Avhole of a particular line of thought
 and action.
   " When  a person adopts notions he once regarded  as absurd  >r con-
duct opposed to  his former habits and principles or completely changes
 his ordinary temper, manners and disposition; the man of plain, practi-
 cal sense indulging in speculative theories and projects;  the miser be-
 coming a spendthrift, the spendthrift a miser ; the staid, quiet, unob- 
20
trusive citizen becoming  noisy,  restless  and  obtrusive; the gay and
boisterous becoming dull and disconsolate, even to the verge of despair ;
the careful, cautious man of business plunging into hazardous schemes
of speculation ; the pious and discreet becoming reckless and profligate,
no stronger proof of insanity can be had, yet not one of these traits  of
character, disconnected from the natural traits of character, can be re-
garded as conclusive proof of insanity.   In accordance Avith this fact it
has been laid down, with the sanction of the highest legal and medical
authority, that "insanity is the prolonged departure, without adequate
cause, from the states  of feeling and modes of thinking usual to the in-
dividual when in health."
   The question Avhether a person is of "sound  memory and discretion"
does not  necessarily  involve the  consideration of the question of in-
sanity in general, Avhich is  a metaphysical question  Avell calculated  to
mystify your understanding.
   It is one of the misfortunes of metaphysical inquiry that many who
assume to write and speak  on such subjects, having no single, Avell-de-
fined, clear ideas, not  unfrequeutly  fail to make themselves understood,
or Avhere their own perceptions are  perfectly clear, in attempting  to
present in a compressed vieAV a subject in its extent and relations com-
prehended only by master  minds, they obscure the vieAV  to those less
strong in their intellectual  perceptions.
   It is also unfortunate that there can be found speculative Avriters  to
support any imaginable theory—as that all criminals are insane—that
the criminal act is irrational and of itself indicative of insanity,  thus
making the unnatural Avickedness of an act the excuse for it.   If any
of these crazy theories are  taken up and adopted by my learned friends
on the other side, if they shall argue  to you that the exceeding hein-
ousness  of the act in this case, independent of other circumstances, is of
itself proof of insanity, your good sense will repel such an argument.
   It is proper in the conflict of widely divergent theories and opinions
which may be presented to you that you should accept  nothing Avhich
you do not understand and which does  not  fully commend itself to
your common sense.
   You can very much simplify your inquiry, not by considering  the gen-
eral question of insanity, but the far more practical ones:  Wherein, in
Avhat particular, does the mental unsoundness  consist ?  Was  the de-
fendant suffering from this species of insanity at the time of the  com-
mission of the act ?
.   The mode of proving insanity is by shoAving  hereditary insanity,
prior insanity, subsequent insanity,  inconsistent  and unnatural acts
and declarations  of  the defendant, epilepsy and certain anomalies of
pulse, secretion, &c.
   It has been said that the defendant  in this case is suffering from epi-
lepsy.   Epilepsy consists of periodical attacks  of  insensibility, accom-
panied Avith involuntary convulsive motions of the limbs, more or less
violent.   It is usually preceded and folloAved by  a greater or less im-
paired state of mind and sometimes Avholly prostrates the faculties, yet
it has been asserted upon the highest authority that an epileptic may
be as sane and responsible as anybody else. 
21
   Therefore if this should be the ground of defence it will be necessary
not only to prove that the defendant is an  epileptic, because  epilepsy
is not insanity, but that at the time of the commission of the act he was
suffering from such an impaired state of mind from this disease that he
did not knoAV the nature of the act he Avas  doing or had no controlling
mental power.
   If the insanity is of such  a kind as to be intangible,  if it is so refined
as to be inappreciable and imperceptible to your broad common sense,
if it is of a kind Avhich nobody ever before saAV or heard of in the  de-
fendant and if it is not indicated by any of the circumstances accompa-
nying  his act, then you may safely  conclude that it is not of a kind to
relieve from penal accountability.
   The kinds of insanity which relieve from criminal responsibility are :
1 st,  Total insanity, easily distinguishable ;  2d, When the defendant is
incapable  of distinguishing  betAveen right and Avrong in reference to
the particular act; 3d, When the defendant is  under an insane delu-
sion, which, if true, Avould relieve the act from criminal  responsibility,
or when the reasoning poAvers are so far depraved as to make the com-
mission of the particular act the natural consequence of the delusion ;
4th, When the defendant is under  an  insane,  morbid,  irresistible  im-
pulse to commit the particular act;  and 5th, Moral insanity or insanity
of the  moral system co-existent with mental sanity, which later writers
assert has  no foundation in  law or psychology.
   It is assumed that it Avill  not be contended  in  this case that the  de-
fendant  was  under an insane delusion, or that he was prompted  by
an insane, morbid, irresistible impulse.
   He is either Avholly sane and responsible or wholly insane and irre-
sponsible, or so far insane as to be incapable of distinguishing betAveen
right and Avrong in reference to the particular act.
   I have dwelt thus upon this element in the  crime of murder because
I conceive it to be of paramount importance  in  this case.  It is  quite
fashionable noAV-a-days  when  a particularly brutal  and outrageous
murder has been committed, and the proofs of guilt are clear and con-
vincing,  and there is no other earthly mode of escape, to seize upon and
magnify every circumstance in the  life of the defendant which had  not
before been of* sufficient importance to attract attention, and to manu-
facture therefrom the grounds upon AAThichto interpose in his behalf  the
plea of insanity, and  juries, always properly tender of human life, have
sometimes  been beguiled by the skill and ingenious eloquence of coun-
sel into a verdict of acquittal, where a  sober consideration of the  facts
would  have amply justified  a verdict of guilty.
   Another prime element  in the  crime of murder is "malice afore-
thought,  express or implied."  Express malice is when a person of  se-
date,  deliberate  mind  and formed design  kills another.   Implied
malice is such as arises of itself from the manner of the killing and  the
circumstances attending it.
  Under our statute "all murders Avhich shall have been committed by
means of poison or lying in Avait, or by any other kind of wilful,  de-
liberate and premeditated killing, or Avhich shall be  committed in  the 
22
perpetration or attempt to perpetrate any burglary,  robbery,  rape or
arson shall be deemed murder in the first degree."
  If it is shoAvn that the murder was committed by  means  of poison
you will have no difficulty with the element of malice, as it is  implied
from  the act, and  your verdict must be murder in the first degree,
though  it  is possible,  under our  Pennsylvania decisions, to find a
verdict of murder in the second degree Avhere death Avas  caused by
means of poison.
  It is not anticipated, however, that you will be called upon to deter-
mine between the grades of guilt,  as Ave shall hold that he  is guilty of
murder in the first degree or entirely innocent.
  We shall hold that the defendant, being of sound  memory and  dis-
cretion, Avith  malice aforethought, by  means of poison, did kill  and
murder Martin Laros, and that it is your solemn duty  to convict  him
of murder in the first degree.  This much for the law.
  What are the facts ?   Martin Laros resided in Forks toAvnship, along
the DelaAvare river, on the road leading from Easton to Mount Bethel,
about five miles from Easton.  His family, at home,  consisted of  him-
self, his Avife, Moses Schug, a friend Avho had  lived with them several
years, Allen C. Laros,  the defendant, Erwin,  Alvin,  Clara and Alice
Laros.  Martin Laros Avas a quiet,  unobtrusive,  universally respected
citizen, who followed school teaching in Avinter, tilled his small farm
in summer and filled in odd intervals with coffin making and  general
undertaking.  His son, Allen C. Laros, the defendant, taught school
at the brick school house in SchirnertoAvn, not far from his home.  The
younger brothers  attended  school and  assisted in  such work on the
farm as they  were capable of performing, while the girls also attended
school and assisted their  mother in her  household duties.  On the
evening of the 31st day of May  last  that family gathered themselves   '*
together around their supper table in an out kitchen to partake of their
usual evening meal.  The supper had been prepared chiefly by Clara
and Alice.  The coffee had been placed on the stove  by Alice.  Shortly
aftenvard Clara observed that the coffee looked  light,  as  though the
cream had been put in it, and asked her sister,  who  replied that she
did not put the milk in the coffee.  This Avas the only unusual circum-
stance observed in the preparation of the supper, and it unfortunately
attracted no attention.   The family, all unconscious  of the "feast of , »■'"
death" Avhich had been prepared for them, began their repast.  Soon
Clara was taken  ill  and  retired  from the  table  to the yard, from
whence she soon returned to hear other members of the family inquir-
ing about the queer taste of various articles of food.   Allen,  who never
drank coffee,  Avhen it Avas  suggested that something was the matter
with the coffee, daring  not to refuse lest suspicion should alight at once
upon his guilty head, appeared to taste the coffee "to  see what was the
matter."  Shortly after the Avhole family became  violently ill,  and
they all retired from the table to the yard,  Avhere occurred a  most
sickening, heart-rending spectacle in this great drama.  Persons  pass-
ing by were attracted to the scene, the neighbors gathered in  and the
family physician was sent for with  geeat haste.  Dr.  Seem upon his
arrival  administered emetics and did everything he could to relieve 
23
   the  suffering,  but as  some of them greAv  rapidly and alarmingly
   worse  he  despatched   a  messenger  to  Easton  for  assistance,
   directing  that   the   antidote   for  arsenic  be   brought  along.
    Or.  Junkin   was  hastily  summoned.    Upon  his   arrival   the
   doctors  consulted  and  determined  that  the  afflicted  were  suf-
    fering from arsenical poisoning.  The proper antidotes Avere promptly
   administered and  all that human sympathy and  human  aid could do
   was  done;  but  alas  for human  effort, Martin Laros steadily grew
   worse, until about three o'clock  upon the afternoon of the folloAving
   day Avhen the "Angel of Death," kinder to him than his own son, came
   to relieve him of his sufferings and  mercifully to spare  him that one
   pang^reater than death itself, the  knowledge  that  his own faithless
   and unnatural son had  been the wicked instrument of all his sufferings ;
   that son who unmoved had sat, like Judas, at the table  and saw him
   partake of the  fatal draught, and Avho, in  the midst of the moaning
  t and groaning agonies of the sufferers in the yard, had at first  assisted
   in caring for the sick, but Avho, soon after  the arrival of the doctor,
   sought a sleepless couch, feigning a sickness Avhich he did not  feel and
   feeling a sickness  Avhich he did  not feign.   With the  light of  the fol-
   loAving.day the whole country round about  was filled with the  neAvs of
   the terrible tragedy.
      We   shall   prove to  you  first that  Martin  Laros died  from
   the  effect  of arsenical  poison.   We  shall  shoAV you  that  the
   coffee pot used at the supper  table  and the remaining  contents Avere
   cerefully preserved ; that there  was found  remaining in the coffee pot
   a  large quantity of sediment, Avhich,  when analyzed, proved to be
   arsenic ; that from the size of the coffee pot, the amount of sediment
   remaining and the amount Avhich would dissolve in  the coffee,  there
   must have been about four and a half ounces of arsenic,  or enough to
   kill all the people of Forks township.
      We shall prove that Martin  Laros drank of that coffee; that the
   symptoms following were those  usually  accompanying the taking of
   the arsenic; that he died ; that a post mortem examination of the body
   was had, and that the lining membranes of the stomach  Avere found in
   a highly inflamable condition, clearly showing the  presence of some
   very  irritating substance, and that a scientific analysis of the contents
C-- *of  his  stomach Avas made, clearly developing the presence of arsenic.
  \   On this proof Ave shall ask you to say that he died from the effects of
   arsenic.
      We shall prove  to  you, second, that Allen C. Laros administered
   that poison, that he is the criminal agent.
      We shall show you that he was around the house wrhile  supper Avas
   in preparation, having left his dinner kettle in its usual place after his
   return from school, and that he Avas engaged in making a box for some
   floAvers.
     That when the rest became sick he also became sick and complained
   of pain and soreness  more than  those who  had taken a much larger
   quantity of the coffee, shrinking aAvay before the doctors touched  his
   stomach, while the others would permit themselves to be touched  and
   felt.  His pulse, the temperature of his body  and his  general  appear- 
24
 ance when compared Avith the others, caused the doctors to mistrust hi«
 symptoms.  This was the first thing  that  attracted  attention toward
 Allen C. Laros as the perpetrator of the crime.
   The doctors will  swear  they  believe that his sickness was at least
 partially feigned.
   It Avas ascertained  that Martin Laros Avas possessed of a certain sum
 of money which he  kept in his  desk or secretary on the first floor of
 the house.   It was discovered that his desk had been broken open and
 that the money was missing.
   Moses Schug was also possessed of certain moneys, which  he kept in
 a trunk in the garret, and which upon  inspection  was found to have
 been rifled of the money.
   Here Avas  a motive  for the crime—the greed for gain,  which has
 slain its thousands and brought  hundreds to the gallows.
   Allen  C.  Laros was examined in  reference to the sad affair and
 stoutly denied all knowledge of  it, but admitted that  he had been  to
 Easton the day previous to the poisoning and  purchased some tooth
 powder from a  druggist  in Third street, nearly opposite the United
 States Hotel.
   Dr. Voorhies, the Third street druggist, Avas inquired of and answered
 that  a young man  ansAvering  in every particular the description of
 Allen C.  Laros,  had  been to  his store and Avanted  arsenic to poison
 rats ; that he weighed him a small quantity, when he asked for more
 as he was Aveighing it, until about four and  a halfounces Avere Aveighed ;
 that he bought some tooth powder and had a mixture compounded for
 the  pimples on  his  face;  that he took some small articles to make
 change; that he then left, when  the doctor  found that he had retained
 too much change,  and he Avent to the door and called  him back.  We
 shall call Dr. C. A. Voorhies upon the stand, and upon his oath, point-
 ing to Allen  C. Laros, he will say :  "Thou art the man," recognizing
 and  identifying him beyond all doubt.
  The quantity  of arsenic purchased av'iII  be found to be the same
 quantity found in  the coffee rot.
  Upon this  proof Allen C.  Laros Avas  arrested.   After  the warrant
 Avas read to him he was besieged  with  the  importunities and tears of
 his brothers and sisters for "God's  sake to tell all he knew  about it,"
 but he persistently denied all knowledge of it.                       •
  The officers  commenced  their  search  in his room for the missing *#
 money, and he Avas told that he might as Avell tell  Avhere the money
 was, as otherwise the officers in their search would be oblio-ed to tear
up and ransack the Avhole house, but still he persisted in  his denial of
all knowledge of the sad  affair.   The  officers  continued their search.
The importunities of his brothers and  sisters  and  neighbors and  the
accumulating proofs of his guilt were at length too much  for his bur-
dened mind and he voluntarily rose up in his bed and  said: "I did  it."

  Mr.  Kirkpatrick here  interrupted  and said:  "I   desire  Your
Honor, at this point, to note our  objection to that  portion of  the com-
momvealth's opening in reference, to the alleged confession of the pris-
oner." 
25
   Mr. Merrill proceeded:—
   Then folloAved the full recital of his crime, detailing with such par-
ticularity Avhere he had placed the money that the officers went to the
place betAveen the barn and the sheep  stable and dug it up  where he
had buried it.
   He, who just before had b^en so sick, but noAv so much relieved, was
conveyed to the Easton Jail, Avhere he was visited by the reporters  of
the Easton daily  papers, and to them he again freely und voluntarily
repeated the full  story of his crime,  requesting "that all God's  good
people  should pray  for him."  All this we shall present in evidence
before you.
   With all these  facts pointing incontestably to Allen C. Laros as the
perpetrator of the crime it will  be impossible for you to say he did not
commit the act with which he is charged.
   His only possible hope of escape from conviction is  in satisfying you
that at the time of the act  he Avas  laboring  under such  a defect  of
reason from disease of the mind that he Avas irresponsible,  that he did
not know what he Avas doing or had no controlling mental power, that
in the language of the laAv, he was not of sound memory and discretion.
   The law in its humanity favors the defendant.  All its presumptions
are  in his favor, except the presumption of sanity, Avhich alone is
against him.  The merciful Judge Avill resolve every question of doubt
in his favor and the Commonwealth will strive to be fair and impartial
in the proof submitted to you.
   The laAV cries not for vengeance.   The blood of Martin Laros  calls
not from the voiceless tomb Avhere his body lies buried for an avenger;
his kindly spirit,  which has gone to its reward, in its  fatherly charity
would fain forgive, but the peace  and safety of society demand  that
the laAV shall be vindicated, that  human life shall be sacredly guarded
against the assaults of the destroyer, and that you and I shall be se-
cure in our homes, at our firesides and at our meals, and that any  who,
through cupidity  or any of the baser passions of the human heart shall
dare  to  take a  human life shall forfet  his own life.   It is  only
thus by following the transgressor Avith punishment swift and sure that
the law can be made "a terror to evil doers and  a praise to them that
do Avell."
   You are the agents of the laAV, the mere instruments through which
it is administered.  If, upon a sober consideration of the facts in the
case, you are satisfied that Allen C. Laros,  by means  of  poison,  with
malice aforethought, did kill and  murder Martin Laros, it is your  duty
to  convict him of murder in the first degree and leave the consequence
to  the law.   The sentence Avill not be yours, it will be the just and
righteous judgment of the laAV.
  Gentlemen of the jury, you are  charged   with a solemn duty, from
Avhich I know you will not shrink, and I doubt not that you will  give
to  the facts developed in this trial that fair,  impartial and exhaustive
examination which the magnitude of the case demands.
   May the God of Infinite Wisdom give you light to  guide  you  to a
correct conclusion. 
26
  Mr. Scott—We give notice at this stage of the proceedings that owing
to the state of the record in regard to the appointment of Mr. P"ox to
assist the District Attorney the defendant will object to his (Mr. Fox)
making the closing address to the jury.   We expect the  District At-
torny to do  that  and  they  shall not say they had no timely notice
Notice and objection noted by the Court.
  The  Court—We Avill hear you upon this question,  gentlemen, Avhen
the evidence is closed.

  The CommonAvealth then called its witnesses as follows :
  Alice Laros.—Am eleven years old;  have gone to school three or
four years ; go to Sunday school and church ;  I must tell the truth ; it
is a sin to lie;  we are punished after death for it.
  Witness sworn.
  Mr. Fox, examining—My father Avas Martin Laros; he lived close to
the Delaware,  in Forks township  ; mother, father, Clara, Moses Schug
and I lived together, and Flora Bauer; Moses Schug  lived  Avith us
several years ;  I was home  at  the supper;  Allen was home ; he had
been to school; the school  at  Schirnertown seveial miles down the
river; don't know what time he came home;  I was in the field  killing
potato bugs when  he came home;  I got supper; Ave had  coffee; I got
the  coffee ready ;  I ground the coffee ;  in a hand coffee mill; roasted
grains of coffee I put in the mill; I put it in the coffee pot after grind-
ing ; I got the pot from the cupboard ; there Avas liquid coffee in the coffee
pot when I put the grounds  in ;  the coffee we had for dinner; I was
not home at dinner; Clara Avas home at dinner; I looked in the coffee
pot Avhen I put in the coffee grounds; there was  nothing  white in at
the time;  then I put the pot on the stove and  put in no Avater ; the
stove was in the kitchen ; there is only one room in the kitchen ; Allen
was home Avhen I  put the pot on  the stove; I  AArasn't in all  the time
the coffee was boiling; I didn't see Allen go in the kitchen Avhile the cof-
fee was boiling; in about a half hour after that Ave had supper; I think
Clara took  the pot off the stove ; I looked in the coffee pot before it
was put on the supper table; it looked white; it looked different  from
what it did when set on the stove; it looked  as  if  milk might  have
been put in ; I had put no milk  in ; it Avas dark brown Avhen I fixed
it;  I also put essence in the pot; it was also  dark  colored ; put in  a
tablespoonful of essence; Avhen supper  Avas ready all sat down to the
table;  I drank coffee ; All but Allen  drank coffee; the coffee tasted
peppery;  it  had  a biting taste on the lip ; Clara said it tasted like
pepper; she didn't say it loud; I drank two  swalloAvs ; I had a cup-
ful, but only drank tAvo SAvalloAvs ; don't know hoAV much father drank,
think about a  cupful;  don't know hoAV much  mother or  Moses  drank ;
then we all got sick; I can't  tell Avho got sick first;  they threw up ;  *
supper wasn't  over when we Avere taken sick;  it did not burn inside of
me  when I got sick; I had burning in my throat; I felt sick all night;
saw father before supper; he looked Avell; I  vomited during the night
a good many times; I don't knoAV Avhether father was taken sick be-
fore or after me; father died the next  afternoon  ; mother died in the 
27
morning of the same day;  Moses died on  Friday; Ave got sick on
Wednesday evening.
   Cross-examiued by Mr. Kirkpatrick.—I saw Allen  come home from
school; was not at the same school; first saAv him after school come
home; he was in the road ; near the house : can't tell the  time ; had
supper before the Belvidere DelaAvare  train  went up;  can't tell if it
went up -while Ave Avere at supper ; ate supper about usual hour; don't
knoAV the hour  at Avhich Ave usually eat; generally about train  time ;
my brother Clinton also keeps school ; I  go to his school; I Avas at
school  that  day ; can't say Avhat time our school left out; generally
leaves out about four o'clock ;  our school is about a mile and a quarter
from  the  house ;  I tarried  along the way going home from school ;
talking and playing with the other girls;  Avas home about half an hour
before I fixed the coffee; saAv Allen in the road  before I fixed the cof-
fee; supper  Avas more than half an hour after  I fixed the coffee; not
much longer ; had often made  coffee before ; supper Avas  called  about
the time the coffee ought to be done ; I sat aside of mother;  takes not
very long for the coffee to boil; Allen  sat Avhere I could see his face.
  [The Avitness then explained the position of the family at the supper
table by means of a  diagram, of which this is a copy :—]
	Schug.	Allen.	Erwin.
Father.		Supper Table.	
Flora. .			
Alvin.
                  Clara.      Alice.      Mother.
  Clara and I talked during supper ; I didn't take much  notice what*
the rest did ;  didn't talk to Alvin much ; nobody sat on the side Avith
Alvin ;  couldn't talk to anybody without making some effort;  did  not
notice  who  drank coffee  and Avho did not; Ave had bread, butter and
beets  for  supper; veal;  don't knoAV where  veal came  from ;  don't
know whether  father  killed  or bought it; we had pie;  don't  knoAV
Avhat kind or Avhether there Avere several kinds; people at  the table eat
all they wanted ;  supper  Avas  not  over  when they got sick ; got up
from table so soon as they felt sick ; don't knoAV how soon  doctor was
sent for after they Avere taken sick ;  they ate some, before  they drank
coffee : nothing was said at the table about the veal tasting queer that
I remember;  no one asked about the veal tasting  queer;  all got sick
before supper was over ; don't remember when the doctor got there ;
after dark; it was about nine o'clock; doctor gave me medicine ; also
to the others; I had vomited before that; can't say how many times ; 
28
the rest had also vomited ; after I put  the coffee on I stayed a little
Avhile; Clara wras also in I think ; also mother ;  no one else that I re-
member ;  left mother and Clara  in the kitchen and Avent down to  the
river ; Avent back again  before supper; only Clara Avas there ;  don't re-
member Avhat Clara was doing when I went away; mother Avas seAving
near the window; she could see the stove; when  I got back Clara was,
I  think,  pouring  water in  the  coffee  pot;  don't  remember where
mother was;  think in the house; no one else was in the kitchen when
I came back ; Avhile I was out  I Avas at  the  river could see'the Avash
house; plainly; first I saw Allen again after I put coffee on stove Avas
at the supper table; he Avas sitting  at  the table when I got there ; I
didn't talk to him that I remember; Avhen I saw Allen coming  home
from school he was wralking sloAvly ;  nobody was with him ; I didn't
speak to him ; he got home late ; I was in the field near the road pick-
ing potato bugs when I saw Allen come home; one of my sisters was
with me;  he spoke to Clara.
   Mr.  Fox—Did not see Allen take any coffee.
   By the  Court—BetAveen  the  time I  saw Allen coming home from
school  and   supper  I  saAv  Allen  at  the   shop,  but  noAvhere
else; at the shop across the road; it is about twice the length of  the
Court House from the kitchen to the river ; we all sat down about  the
same time; can't say who got sick first,  nor hoAv  soon.
   By Mr.  Kirkpatrick—Allen doesn't drink coffee ; never liked it.
   By the Court—The cream was put in the coffee at the table; in  the
cups.
   Clara  Laros,  sworn.—Mr.  Fox,  examining—I am tAvelve  years
old ; I was home on the evening of the 31st of May ; I had not been
in the field;  I got home about an hour  before  supper ; had  been at
home to dinner ; mother, father, Moses Schug, Erwin and  I Avere home
at dinner ; my mother made the coffee for dinner; we  had coffee  for
dinner; I drank coffee at dinner ; I noticed nothing wrong in the taste
of the coffee at dinner; it looked at dinner  like  always;  I didn't put
milk in my coffee at dinner; I drank a cupful at  dinner;  father and
mother each drank two cupfuls at dinner; so did Mr.  Schug; Envin
drank  coffee at dinner ;  in  the afternoon I was in the field ; Envin
was with me ; I was well during the afternoon; I  saw mother before
supper; mother Avas well before  supper,  and  so were father,  Moses
Schug and Envin; I poured Avater in the coffee pot before supper  ; it
was hot water; I noticed something  white in the coffee pot; it looked
as if milk had been poured in  ; don't know who put the coffee on  the
table ;  don't know who poured out the coffee; I drank coffee at sup-
per ; I had a cupful; I drank two SAvallows; it didn't taste like it al-
Avays did ; father took coffee, so didMoses Schug,  mother, Erwin, Alvin
and Alice; I didn't see Allen  take any ;  little  Flora  also took some ;
I ate nothing before I drank ;  I ate  nothing at all at supper ; after I
took two SAvallows I Avent out  because I felt so  bad ; I went into  the
yard; then I threAV up;  I felt sick at my stomach ; I  had a burning
feeling in my throat; all of them got sick ;  Allen Avas sick; I Avas sick
all night; hoAv many people came there that night I don't  knoAV ; I
don't know that I saw  Allen before supper; I was  sick the next day. 
29
  Cross-examined  by  Mr.  Scott—I   came  home  an  hour before
supper; I Avas not in the field Alice Avas in ; when I came home I went
in the house; mother Avas in the house; when I went to the kitchen I
think I saAv Alice there;  mother Avas  there  sewing; mother was in
the Avash house Avhen I came home ; Alice went doAvn to the river; the
coffee was on the stove and boiling; mother  Avas  seAving when  Alice
Avent out; after Alice went out I filled the coffee pot wdien it was boil-
ing ; did not see  mother go out of the wash house ; I sat  at the  table
alongside of Alice ; we talked together during supper : I paid no atten-
tion to what the rest did ; all  got sick at the supper table;  we were at
the supper table  about ten minutes Avhen Ave got sick ; father said the
meat tasted queer; he tasted the meat before making this remark ; he
ate meat before he took the coffee; Ave had pie  for  supper,  but  don't
 remember what   kind ;  had  also molasses cake; Ave had beets; they
 Avere pickled, sour beets ; I don't knoAV Avho made the  molasses cake;
at the table I took no notice of Allen particularly;  he  talked, but  not
much; I am positive my father  made the remark about  the meat: I
don't remember Allen saying any particular thing;  about nine o'clock
 Dr. Seem arrived ; after dark ;  Ave made supper about train time; train
 time Avas seven o'clock ;  generally ate at that time: generally worked
till about six o'clock Avhen in the fields ; the doctor gave us all medicine
 about the sarre time :  I took coffee the first thing at the supper table ;
 did not taste  the meat; tasted nothing else ;  they all took  coffee I am
 sure.
   By Judge Meyers—I  saAv the white in the  pot after I  poured the
water in ; I filled the pot full of water.
   Erwin Laros, sworn.—Mr.  Fox, Examining—I Avas home on the
ovenino-of Mr>v 31 ; T was in thefWd during the day, about one  mile
and a half from the house ; I  AAras home at  dinner;  father, mother,
Schug, Clara and I were at dinner; they Avere all  well then ; Ave had
coffee for dinner;  I drank a cupful;  the others  drank  coffee at din-
ner ,  I Avent back to the field  at one o'clock: they Avere all in  good
health then ; the  coffee  looked natural at dinner ; it tasted as usual; I
 came home an hour before supper;  Allen Avas in the shop ;  it is on the
 other side of the  road from the  kitchen ; I was not in  the kitchen  be-
fore supper ; I cat doAvn Avith  the others ; father, mother, Schug, Clara,
Alice, Alvin and Allen ;  Flora Avas brought in; I took coffee for my
supper ; there  Avas nothing on my plate to eat; I drank a half cup of
coffee before I ate anything ;  I drank several  times ; it  tasted peppery;
it burned my lips and mouth; my father, mother  and Moses Schug
drank coffee;  don't know if Allen drank anything ; I had  to vomit;
I think Clara Avas the first one sick :  I Avent  into  the  yard to vomit:
all of them vomited :  don't knoAV if Allen vomited : I Avas  sick about
one  week: my mother died on Thursday morning:  my father died on
Thursday afternoon: Schug died on  Friday  afternoon:  I  am sixteen
years old: don't  kuow my father's age: fifty-six, I think : my mother
Avas fifty some : Moses Schug Avas about sixty :  he had  been living in
the family several years and was just like one of the family: some of
the neighbors came in Avhen Ave  Avere sick.
   Cross-examined by Mr. Scott—Clara Avas in  the field with  me in  the 
30
afternoon:  the field is a mile and a  half down the river:  not  toward
Allen's school:  father was in the shop with  Allen:  the  shopis just
across the road: the kitchen is about as far  from here (meaning tho
stand) to the end of the Court House:  you cannot see the kitchen from
the shop : I was not in the shop  with  father and Allen :  I saw Allen
in the shop making a box : it was when I Avent  home that I saw him :
I Avas in the barn until supper was ready : the barn is five or six rods
from the kitchen:  nearer to the kitchen than the shop:  I don't remem-
ber the train going up that night:  I think train time is eight o'clock :
no train passes our place at seven o'clock : Ave all  sat  doAvn to  supper
together: father and Allen Avere in the kitchen when I  went to sup-
per :  they were not seated: I mean the train goes  up  uoav at the time
stated : I don't remember Avhat time  the train Avent up then : I ate
some of the meat: I tasted the meat after I drank the coffee :  father
bought the  meat:  my father was at the table  Avhen I  Avent out:  so Avas
mother and Mr. Schug: the \Teal was fried :  I ate some beets :   I had
some pie : don't know the kind: I had not finished my supper  before
I Avas taken sick :  my father I guess  had  got done  his supper  before
he was taken sick: mother and Schug came out after father: the doc-
tor give us  all medicine.
  Alvin Laros,  sworn.—Mr.  Fox,  examining—I  am Alice's tAvin
brother:  I Avas at home Avhen they all got sick: I  had beeu in school
during the day : the school is a mile and a quarter  away:  I think  I
got home about five o'clock : Allen came home  afterwards about half
an hour: I was sprinkling water on the flowers around the house after
I got home : Avhen Allen came home I was down in the potato patch ;
I  came from  the potato patch about half an hour before supper was
ready, Avhen Allen Avas in the shop: he Avas called to  supper from the
shop : shop as far from the kitchen as the length of the Court House:
may  be a little farther : don't  knoAV  who  went into supper first: the
rest did not go into supper before Allen came: I Avent in last: I  drank
coffee: not quite a cupful: father  also drank, so did mother: don't
knoAV whether Allen did: Moses Schug and  Erwin  did : don't knoAV
whether Clara and alice did: I ate bread and butter and meat at sup-
per:  I ate  meat first: the meat  tasted like  always: the coffee tasted
like pepper: it burnt me in the throat: after I sat at the table I went
out and vomited : so did the rest: Clara went out first: Erwin, I  think,
went next: then I: don't knoAV Avho came out next: was  too sick  to
notice:  saw father  coming out  and  vomit:  not mother, but Moses
Schug: was sick a Aveek:  I was  sick at my stomach next day: had not
the burning feeling: Dr. Seem  came there that night: so did Dr.
Junkin.
   Mr. Kirkpatrick, cross-examining—I went to Clinton's school: Alice
and I came home together that night: the school  left out  as ahvays :
we stopped a little on the way home : when I got home I Avent into
the kitchen: mother  was in the kitchen then:  she was seAving : she
was sitting  at the AvindoAv : she could see the  stove : I stayed there a
little while, not long:  then went to the potato patch : I could see who
passed up and down the road: saw Allen come home: he ahvays came
home late : he walked like he always does :  I could see him plain from 
31
 where I was: I next saw Allen at the supper table:  I Avas home about
 three-quarters of an hour from the field before supper: then I sprinkled
 water on the floAvers and Avas down at the river: I sat alone at one end
 of the table: in  about ten minutes  after eating Ave got sick: we had
 pie and veal, beets and bread : we all got sick :  mother and father got
 -.ick after supper :  I vomited often before the doctor came.
                  F rid ay Afternoon, August 18.
   Alvin  Laros,  cross-examination  continued by Mr. Kirkpatrick—-
 Allen did not talk any when I saAv him come from school: he Avas  a
 short distance from me : I could see him Avell at  the table :  I looked
 at him : I noticed something  strange about  him: his  face  Avas very
 pale;  fixed  expression: his  eyes  looked  wild and turned up in his
 head and showed nothing but the white : I noticed him particularly:
 he did not seem to know Avhat was going on  around him: he did not
 talk :  sat perfectly still.
   The defendant's counsel then asked the Avitness  a question as to the
 appearance of Allen, and what he  thought about him at  the time.
   The Commonwealth objected, and the counsel for both sides argued
 the question.
   Mr. Kirkpatrick thought they had a right to cross-examine on all the
 attending circumstances at the table, as the Commonwealth had placed
 the prisoner  there.
   Mr. Fox argued that the object of this questioning was  to  set up  a
 defence before the commonwealth had closed their case.
   At the conclusion of the argument  the counsel for the defendant
 withdrew the part of the question as to what the Avitness  thought, and
 they then put the question in this form:—
   Q—What Avas  the  appearauce of Allen C. Laros,  your brother,
 while you Avere at the table on the  night of May 31 last?
   Objected to by commonAvealth  because it is a matter of defence and
 not cross-examination.
   Objection sustained and an exception  taken.
   The defendant then asked :—
   Q.—Were you alarmed at the appearance of the prisoner that even-
 ing at the table?
   Objected to for same reasons.  Sustained  and exception taken.
   The defendant then asked :—
   Q.—Was there anything that ever happened  to  Allen before this
 evening that caused you  to  notice  his appearance or pay attention
 thereto?
   Objected to for same reason.  Sustained and exception taken.
   Joseph Miller, savoi-u.—Mr. Fox, examining—I live  between 200
and 300 yards from Mr. Laros';  I came there on the evening of the
31st of May ;  there Avas nobody there besides the family  when I got
there ;   Allen  was  in  the  yard;   Jacob Seiple came aftenvard ; the
family lay there very sick; told Mrs. Laros to go  in  the house, and
Allen brought out a settee cushion  for her to lay on  and helped me
put his mother on it; Clinton Laros' wife got the buffalo  robe and
Moses Schug lay doAvn  on it; in that time more neighbors  came in : 
32
Mr. Laros said he felt very sick ;  Allen Avas  around  helping;  Avent
aAvay and got supper and came back and  stayed till one o'clock at
night;  I think Allen vomited after the doctor  came ;  went to  Laros'
about five o'clock the next morning;  Mrs  Laros  died about  seven ;
didn't see Allen that morning.
  Cross-examined by Mr. Kirkpatrick—Didn't see Allen at all the next
morning.
  Levi Sandt, SAvorn.—By Mr.  Fox, examining.—I  live about  100
yards from  Mr. Laros'; was there on the evening of the 31st  of May :
got there about eight o'clock; found all the family sick on the ground
except  Martin Laros, Avho sat on the bench ; Allen and some one  else
carried Mrs. Laros in and laid  her on the bed ; stayed till ten o'clock ;
Allen  Avas  not vomiting Avhile I was there ;  Avas there at five o'clock
the next morning and during the day ;  Avas there when Martin  Laros
died, at one o'clock.
  Cross-examined by Mr.  Kirkpatrick—Got  to Laros'  about eight
o'clock ; not quite dark ;  Allen Avas helping to tend the  others ;  saw
him as soon as I got there; live in the third house  from  Laros';  was
there over an hour before the doctor  came;  couldn't tell the exact time
the doctor came ; perhaps a little after nine o'clock.
  John T. Yeisley, sworn.—Mr. Fox, examining—I live about  150
yds. from Laros'; Avas there on  the evening of the 31stof May ; got there
about half-past seven ; quite a number  of  neighbors Avere there ;  Mr.
Laros came out of the house as I got there, but Alvin  Avas  out  in  the
yaid; Mr. Laros sat down and  vomited when  he came out and then
went in again ; saw Allen pass out and in  the  house ;  didn't see him
vomit; I was there over half an  hour ; went aAvay and came back
again ; saAv  two  ox the  boya—Alvin and Envin—and the  tAvo girls
vomit.
  Cross-examined by Mr.  Kirkpatrick—Both Miller and Sandt Avere
there;  I saw them there soon after I got there.
  Dr. A. K. Seem, sworn.—Examined by  Mr Fox—Am a practicing
physician ;  for twenty-three years ; Avas Martin Laros' family physi-
cian ; live about two  and  one-half or three miles from  his  place;  was
called on the evening of May 31 last to go to Martin Laros'; reached
there about nine  o'clock;  when I arrived  there  I found Mr. Laros
lying on the settee in the  house in the front room, down  stairs, main
building; Mrs. Laros was in bed in  an adjoining room;  Mr. Schug
and the children were lying on  the floor; Alvin,  Clara, Alice  and
Erwin, and the baby, Flora, in the cradle ; they were vomiting ; could
not tell which first after I entered,  but one  after  the other ; I then
Avent to Mr. Laros and inquired of him if he  could account for  the
condition in  Avhich  they  Avere in;  his symptoms Avere prostration;
vomiting and purging; at  times  complained  of griping  pain in the
boAvels  ; said he had no constriction of fauces in the throat;  spoke of
no burning sensations ;  administered an emetic to him.
  [Before that I  Avent to Mrs. Laros, as  Mr. Laros' answers  Avere  not
satisfactory; got from her particulars of Avhat they had for supper  and
concluded that the trouble was  in the coffee.] 
33
   At the request of the defendant the  portion in  brackets "[]" Avas
stricken  out.
   Witness continues.—The emetic was sulphate of zinc;  object was to
evacuate the stomach of any poisonous materials  that might be there ;
from the  symptoms I observed  in Martin  Laros  I  concluded the
trouble AATas poison in some form or other; thought it might be arsenic
or a vegetable  poison ; was not  certain  Avhich  ; only gave him one
emetic;  to several of the  family I gave more than one; his operated
very quickly ; I Avas there eighteen hours ;  sent for other medical aid;
for Dr. John M. Junkin, of Easton;  sent for him about twelve  o'clock
that  night;  he  got there about  three  the next morning;  the  next
morning Martin Laros Avas much prostrated,  stupified, still vomiting;
he died about one o'clock the next day ;  in my  opinion he died from
the effects of arsenical poison; Avas not present at Martin Laros's post
mortem examination ; sent for Dr.  Junkin  about 12 o'clock at night-
Avith instructions to bring the  antidote for arsenical poison; immediy
ately after his arrival we administered the antidote,  hydrated perox-
yide of iron, and stimulants ;  whiskey and ammonia;  also wine freely;
got some of the contents of the coffee pot; Dr. Junkin and I divided
the  contents; made no analysis of it; examined  it,  but  not chemical-
ly ;  I gave it to Henry S. Carey, the Coroner; I supposed it to contain
arsenic; had the appearance of it; saw Allen Laros that night, when
I  reached there ; he Avas  assisting the sick ones; attending on them;
helping ; did not at that time complain to me of being sick ; not  until
attention had been  draAvn to him; after  I had given  the emetics, I
asked if all had  had emetics;  one of  the attendants answered that
Allen had not had any ; this was  in Allen's presence ;  then I asked
the attendant if Allen had had any of the coffee; this  was in Allen's
presence as far as I know; it was in his presence; he was in the north-
west corner of the room ; Allen made no reply to this question;  some
one  ansAvered that Allen had taken two swallows of the coffee ;  I then,
Avithout  examining  him,  prepared an emetic and gave it to him the
same as  I had to the rest; this Avas probably half an hour after I came:
did  not see him vomit: vomited after the emetic: attended him  with
the  rest during  the  next  eighteen hours: he did not show the same
symptoms the rest did : his pulse and  skin seemed natural: he com-
plained of a great deal of tenderness over the stomach.
   Q.—Doctor, professionally, as a practioner of medicine, state whether
or not, from your examination of the prisoner and your attendance
upon him at the time, he Avas suffering from any tenderness of the
bowels ?
   Mr. Kirkpatrick objects.—Objection overruled.
   A.—There may have been  that tenderness in consequence of the
emetic, even though there  had been  nothing  further.  I think there
Avas nothing beyond  that.
   Ex. by the  Court:—I don't know that there is anything peculiar in the
appearance of a person dying from arsenic.  The symptoms in Martin
Laros' case Avere not altogether the symptoms of arsenical poison, they
were mixed.  The burning in the stomach and the choking in the
throat Avere absent.   He had  not exclusively the ordinary symptoms. 
34
The symptoms vary in different individuals, depending  upon the dose
and form in Avhich arsenic is given  and  upon the person.  A small
dose wrould produce vomiting and prostration.  A large dose  Avould
produce vomiting much quicker than a small  dose.  Arsenic dissolves
more quickly in  hot  than in  cold  Avater.  Hot Avater will hold  12
grains to the fluid ounce if boiled one hour, less than one hour 6 grains.
Cold water half a grain.  The minimum dose  of arsenic to  producce
death is two grains in an adult.  Administered  in a hot  liquid it is
more quickly absorbed  in  the  circulation.  Administered in  a hot
liquid it Avould less likely to be found in the substance  of the stomach
than if in cold liquid.  Arsenic is an  irritant poison.   Its effects  on
the lips would be to irritate.   In a  strong solution it  would leave a
biting sensation.
  Martin Laros  died in his house in this county.
   Cross-examined by Mr.  Kirkpatrick.—I got at Laros' about 9 o'clock,
after candle light. It takes a half an hour to drive from my  house to
Laros.  I started as soon as  I was summoned.  When I got there Mr.
Laros was in the front room.  He Avent out of the house Avhile I Avas
there.  Couldn't tell hoAV soon, but not very long.  I think Mr. Seipel
or Mr.  Miller with  him.  He Avas out ten or fifteen minutes.  I saw
him come back.  He came back to  the  settee, Avith his attendant.
Allen Avas in the house at or about that time.  Mr.  Laros Avent out
several times until I forbid him.   Allen did  not  go  out after I gave
him the emetic, he went up stairs and to bed.  It Avas  sometime after
I got there that I saAv the coffee pot.  It was brought to me by one of the
family, and had  it put into the cupboard.   Divided the contents of the
coffee-pot the next morning.   Didn't see the  coffee-pot between those
two times.  It Avas in the same room next morning.   There may have
been twenty persons  in  the house—possibly more—some Avere there
all night.  Dr. Junkin and I divided the contents of the coffee-pot the
next morning.   From the time  I had it  in my possession until the
next morning I  did not see the pot,   Next  morning some one brought
it to me.  I don't know who.  At the time the pot Avas brought to  me
in the morning  there  were  many people present.   This Avas  in the
same room.   Most of the neighbors  were in and out of the house dur-
ing the night.  House Avas open all night,  The coffee  in the morning
consisted  of liquid, coffee grounds and a white sediment.  We divided
the liquid.  The Avhite powder  Ave put in a neAvspaper.   We divided
the coffee into two equal portions.  Dr. Junkin took one  part  and  I
the other.  The sediment Avas also divided.  By the sediment I mean
the solid part.   I was present all the time the coffee and grounds Avere
divided.   I took  my portion and left it  on the window of the room
where I was.  I was still busy attending the sick.  This division was
made about 9 o'clock, a. m.   I didn't go home until noon.  The pack-
age was right by me.   I sat close Avhere it Avas.  I did not see it con-
stantly.   I  was up stairs  some times.  I Avas up a number of times.
I  am not positive where I ate dinner.   The package was tied and
wrapped up.  I took my portion along home, also the  liquid.  It Avas
in a fruit jar as  is used to can peaches.  It was shut.   I had it in the
window.  I took the package and the fruit jar home.   I put the package 
33
 on a shelf in my office and the jar in my Avash-house, neither  locked
 up. The package was  the white sediment.  The  front office is my
 waiting  room.  I  wrote poison on  the paper.  I  gave part  to Mr.
 Carey and the rest I brought to the inquest.   I carried it down in my
 pocket.  The  liquid  portion Mr. Carey got at my house some time
 after the inquest.   I gave it to him.   It was on a Sunday, I think the
 second Sunday.  I think a  Mr. Whitesell Avas Avith  Mr." Carey at the
 time.  I asked Avhether Allen  had taken any of the coffee.  There
 were many people in the room at the time, going in  and out and talk-
 ing.   I couldn't possibly say Allen heard the remark,  it might be.  I
 never  attended a  case of arsenical poisoning before.   Never gave the
 subject  of arsenic ^ and  its effects especial  attention before that time.
 Arsenic  is  an  irritant  poison.   There are  no absolute characteristic
 symptoms of poison.  There are diseases that  have symptoms in com-
 mon with arsenical poison.   Cholera  morbus  resembles arsenical poi-
 soning very closely.  I  agree with the  assertion [Wood's Prac. Med.]
 that it is hazardous  and untrue  that  the symptoms  of irritant poi-
 soning can be distinguished from those  of billious cholera; they can-
 not be distinguished  by symptoms,  even  Avhere the  discharges  are
 bloody,   Prostration is  a symptom common to both.   Vomiting and
 purging are  also  common  symptoms.  Paleness of face also.  Also
 great  pain in  the  stomach.  There  are  a large number of agents,
 harmless and  othenvise,  that produce irritation.  Sulphate  of zinc is
 an irritant in  large doses, it would produce inflammation of the stom-
 ach.   Prof. Taylor's Medical Jurisprudence is authority.  I would not
 say from the symptoms that Mr. Laros died of arsenical poisoning, not
 positively.  There are other diseases which have symptoms of arsenical
 poison, as Asiatic cholera, cholera morbus, tv;c.  Narcotic and virulent
 poisons are very distinct in  their operations, and generally easily dis-
 tinguished.  There are  rare cases in which they cannot  be readily
 distinguished.   Narcotic poisons do not act the same way on the stom-
 ach.   To allay pain I administered tincture of opium or laudanum.
 Stale  meat  is  sometimes the cause of cholera morbus.   Could not say
 that very young veal Avould.  Dr. Junkin and I examined the patient
 together. Were not sure that it Avas arsenic or vegetable poison. Pork
 and fat  meat,  and  stale fish, might cause  such symptoms as appeared
 in this case.  I tried to givre Mr. Laros the ammonia and whiskey, but
 could  not get it to go doAvn.  As a  general  thing  arsenic does not
 have a stupefying effect.
   Re-examined.—Have in my practice known of bloody discharges in
 cases of cholera morbus.  Usually in  that disease, vomiting does not
 come at  once,  but  there are premonitory symptoms.   At midnight,
 from observation, I concluded it was  a case of arsenical poison.  I did
not see any reason to change my opinion.  It is now my opinion that
 lie died from arsenical  poison.
  By Mr. Kirkpatrick—It is not  positively  my professional opinion
from the  symptoms  of Martin Laros that Martin Laros died of arsenical
 poison  ; cholera morbus sometimes comes on suddenly.
  By Mr. Fox—It is my  opinion that Martin  Laros  died of arsenical
 poison, but I don't say so positively. 
3(5
  By Mr. Kirkpatrick—In  a case of another person having  similar
symptoms to those of Martin Laros, Avithout reference to anything else,
I Avould not be willing to give it as my positive opinion as  a scientific
man or a physician, in a case of life and death, that such person died
of arsenical poison.
  Dr. John M. Junkin,  sworn with uplifted hand.—Mr.  Iox, exam*
bung—Am a practicing physician of Easton ;  about thirty years ;  Avas
called to visit  Martin  Laros: on the morning of June 1; reached there
about three o'clock in the morning ; saAv the sick ;  Mr. Laros  on the
settee; Mrs. Laros on the bed in the rear room ;  the rest on the floor ;
they had nearly all ceased vomiting ; Mrs. Laros vomited once after-
wards ; Mr. Laros Avas in a torpid  condition ; difficult to  get  him to
ansAver ; he did say he felt better;  almost the only  Avord  I  got from
him ; his pulse Avas in a Ioav, labored condition; skin cold and clammy;
breathing rather sIoav, but not  unnatural; did not  seem  disposed to
take notice of  anything;  took  trouble  to  get  his  attention ;  I  pre-
scribed stimulants as the first thing;  he had been given  them,  and I
advised that the quantity be increased ; Ave  talked the  matter over,
Dr. Seem and  I, about the poison  being arsenic; we had no doubt that
the family had  been  poisoned ;   my  opinion  Avas  they  had been
poisoned ; I examined all of them.
  Q.—Were the symptoms of all the sick alike ?
  Objected to  by defendant for the reason that this issue  is joined on
the charge of murdering Martin  Laros  alone  and  that no inference
could be drawn with regard to the cause of death in the case of Martin
Laros from the symptoms, whatever they might be, of any other person
or persons, and that it is incompetent and irrelevant.
  Argument on this point Avas reserved and the  question  held unan-
swered for the present.
  Witness continued—After examining  Mr. Laros it was  my opinion
before I prescribed that he had been poisoned ; I gave stimulants first;
afterwards hydrated peroxyde of iron ; for arsenical poisoning ;  Avould
not have been  proper to have given that for cholera morbus or  Asiatic
cholera, or Gastritis or Peritonitis ; as the disease progressed I saAv no
reason to change my opinion ; left an hour and a half before he died ;
he had not spoken for several  hours before I left; we momentarily
expected his death ;  from the symptoms I concluded at the time that
he died from some poison.
                 Saturday Morning, August 18.
  The questio» raised last evening as to the competency  of the ques-
tion asked Dr. Junkin was then argued.
  Mr. Fox quoted authorities to show that it should be admitted.  He
argued that Avhen other members of the family Avere seized simultane-
ously Avhh similar symptoms to  those exhibited by deceased the  fact
of their partaking of a common poison  Avas justly supposable.  This
would be substantiated if the person seized exhibited symptoms more
or less violent  in proportion to the  quantity  of the suspected article
taken.
  Mr. Scott maintained that the investigation should be confined to the 
37
symptoms of Martin Laros and nobody else; that this  poisoning case
was different from those quoted, because  this  defendant  stands in-
dicted for two other similar crimes committed at the same time.
  Mr. Fox said it was not a  doubtful  question  and the objection was
not Avell taken.
  Defence further  objected  to  Mr.  Fox's  question because it was
leading.
  Mr. Fox altered his question to "What were the symptoms of the
other persons who Avere suffering ?"
  Judge Meyers held that Avhere there was proof of the  poisoning of
another person  at the same time Avhen the person named in the indict-
ment is alleged to have been poisoned, the evidence could be admitted,
and therefore overruled  the  objection.  The defendant took a bill of
exceptions.
  Dr. J. M. Junkin.—Examination by Mr. Fox continued—[Question
answered.]  They Avere vomiting and  purging except the  baby ; Avhen
I reached there the baby had already recovered ; Mrs. Laros Avas in  a
dying condition Avhen I reached there; pulse imperceptible; her body
was getting cold, especially the extremities ;  her face had  the peculiar,
pallid death look ; Moses Schug Avas suffering very much from pain in
the boAvels, purging, &c.; his pulse was more excited than any of the
others;  he Avas also cold and continued so up to the time of his death;
the discharge Avas tinted with mucus and blood ;  Alvin,  the youngest
boy, I think vomited once after I got there and complained of pain  in
the epigastric region ; his extremities were not so cold  and his pulse
better ;  I don't think Envin vomited after I got there, but he had pain
in the stomach  and boAvels like the others ; his pulse Avas languid ; he
Avas suffering from shock, as there was shock present in all three cases ;
the girls Avere affected like their  older brother ; from my  observation
the symptoms of the others Avere all of the same kind; they  differed
in degree ; I Avas there until about tAvelve, noon ;  I  went there next
(Friday) morning about nine o'clock;  Mr. and Mrs. Laros Avere both
dead ; Moses Schug was still living ; he died that afternoon ; the little
girls, Clara and Alice,  had  someAvhat  recovered  and were  Avalking
about;  pulse almost healthy in its action ; the vomiting  and purging
had ceased ; Alvin, the youngest boy, seemed more languid and had
to lie doAvn more than any of the others; his pulse was  languid; he
complained of pain ; there Avas still some depression ;  was there the
next day (Saturday) toAvards noon, and on Sunday; didn't see them
after Sunday ; on Saturday and  Sunday Alvin  was improving; ap-
peared  more bright  and cheerful;  on Friday Envin seemed more
affected than any of the others; there  Avas no purging or vomiting ; he
Avas gradually rallying; pulse becoming healthy ; on Sunday, I think,
he Avas Avalking about; I formed an opinion in the first hour that Mar-
tin Laros was suffering from having taken something into his stomach
of a poisonous character ; I judged it to be arsenic ; gave the antidote
for arsenic, hydrated peroxyde of iron.
  Q.—From the symptoms of Martin  Laros and your  observation of
those  Avho Avere seized at the same time  in  the  same house Avith him
what, in your opinion, was the cause of his death ? 
38
   Objected  to  by defendant  as  irrelevant and particularly  that  the
question does not strictly embrace the basis on  which  the Avitness is
permitted by laAV to give a professional opinion.
   Objection overruled and exception given.
   A.—In my opinion his death Avas  caused by arsenic; after we had
given the antidote to all, Ave asked for the coffee pot; it Avas handed to
me from the cupboard at the side of  the  chimney  in the front  room
where they were all sitting;  I asked for something to put the  contents
in and a quart glass fruit jar was given me ; I poured into it the coffee,
leaving the  grounds in the pot;  the jar Avas just about filled with  the
liquid ;  Avhile pouring it out I noticed a  Avhite deposit on  the  bottom
of the  coffee pot,  which deposit Avas  over one-eighth of an inch in
depth ;  the pot  at the bottom   Avas  over  six inches  in diameter ; took
the coffee pot and scraped the grounds off, leaving  the Avhite deposit by
itself as much as possible; then I scraped the white  deposit out on a
paper, all I  could get  out; Dr.  Seem and I  did  this  together; avc
folded the paper up carefully and placed it beside  the jar Avhich was
on the window sill; I examined  the deposit by sight;  had no time to
do anything else; judged  it to  be arsenic; grounds Ave threAV out
doors; the white  powder I afterward divided, putting part in another
paper;  the coffee I divided; gave half of each to Dr. Seem; I brought
my part of the liquid and powder to Easton with me ; I Avantecl to test
the liquid myself, but had not time and got a young man,  Mr. D. I).
Davidson, to examine it for me;  he is in the Scientific Department of
Lafayette College ; Chemical Department; told him to make an  anal-
ysis of it; gave him about half a drachm of the powder and two ounces
of the liquid. When I got there Allen Laros Avas lying up stairs on a
pillow; I examined him; his pulse Avas  slightly  excited; very little
out of the  normal condition; skin natural, tongue slightly coated ;  he
flinched very much during my examination of him; the effect of  sul-
phate of zinc after an emetic  Avould  not  be such ; my opinion  was
that he was much more sensitive than  the others were about the  per-
son ; Avhen I found he continued so over-sensitive I could not account
for it, for he had taken less than the rest; he continued  so until Fri-
day afternoon.
   Q.—From your observation of him, of his symptoms, what  was your
opinion of him ?
   A.—I thought he was  not as sensitive as he said  he Avas ; on Thurs-
day and Friday there was neither languor  nor depression ; the pulse
was slightly excited;  there was no coldness or clamminess of the  sur-
face ; there  Avas no complaint made by any of these patients of cram p
in the limbs; Aitkin's "Science and Practice  of Medicine" is a stand-
ard work ; I believe the assertion there that the evacuations in chole ra
.morbus are  not necessarily bloody ; in cholera morbus the pain in th e
epigastric region  varies from slight to severe; in case of large doses of
arsenic  vomiting  is always first,  may, hoAvever, come on with purging.
   By the  Court—That varies in  cholera morbus.
   Mr.  Fox, continuing  the  examination—Small doses of an irritant
poison  produce  effects which  greatly  vary;  arsenic is a cumulative
poison; boiling water will  dissolve much  more  arsenic than  cold 
39
water; depends on the length  of time it is boiled:  boiling Avater,  if
boiled more than an hour, will hold 800 gr. to the pint, cold  water at
65 deg.  Fahr. will hold 300 gr.; it  depends on  the  kind of arsenic;
Avhite arsenic is the ordinary arsenic of the shops; arsenious acid is the
technical name; I estimated that the coffee pot  held three  quarts of
coffee; that one  quart remained and tAVO  quarts had been used or
thrown out; that being the case  the one quart of cold  liquid  held  at
least 300 gr.; temperature of the tAvo quarts when poured out I esti-
mated at  120  deg.,  containing 1,200 gr. or say 400 gr. to the pint;
about two oz.  in the deposit on the bottom; over four oz. of arsenic
altogether, nearly five oz.; considerably  over four oz.; arsenic  taken
in hot liquid would be  much more readily absorbed than in  cold ; co-
pious vomiting  Avould remove the arsenic  not absorbed;  arsenic pro-
duces irritation of intestines ;  afterwards inflammation ; latter will not
take  place  from tAvelve  to  forty or  sixty hours; affects alimentary
canal same way;  produces diarrhoea ; diarrhoea depends as  to extent
on amount of irritation ; if severe would occasion bloody and mucous
discharges.
   Cross-examined by Mr. Kirkpatrick—When I  arrived at  Laros'  I
can't say which one I first examined;  spoke to Dr. Seem  before I ex-
amined the sick ;  this Avas between three and four o'clock in the morn-
ing ; got some knoAvledge of the case;  talked with him a moment or so
about the case ;  Allen was the last one of the sick I  saw ;  over three-
quarters of an hour after I got there;  up stairs  in bed ; lying on his
right side,  head on a pillow ;  did not  seem to be in a stupor; did not
say before  the Coroner's inquest  that he lay in a stupor; saw him fre-
quently after that; about every hour after:  second time about five A.
M.;  did not at any time seem to lie in  a stupor ; spoke to me the next
time I saAv him ;  ahvays in reply to  a question ; sometimes  in mono-
syllables, sometimes in Avords; seemed to Avish to say as little as possi-
ble ;  difficult  to  get  him to reply to questions;  sometimes frequent
questioning to get a reply; lying on the side, not  always  the  same
side; never on the back ; face turned to the pillow;  think  he looked
at me when I spoke ;  don't recollect if eyes were closed at other times;
looked without turning up his face ; can't say he always looked :  from
the symptoms alone in Allen's  case  I would judge pain; we always
gather symptoms from examination and representation  of  patients ;  I
examined him  several times  in  connection with Dr. Seem; several
times I went alone ;  never saw him exhibit  convulsive movements  or
twitching ; Dr. Seem talked about him (Allen) having such symptoms;
Dr. Seem said he had  something like  a convulsion,  he called  it "a
spell,"  between one and two o'clock  on Friday afternoon,  about the
time of Schug's death; don't  recollect that he called them spasms ;
don't recollect that Dr. Seem said he ever had such symptoms before;
I divided the coffee with Dr. Seem;  during the morning ;  about  ten or
eleven  o'clock;  the pot  was  brought to me; sediment Avas white;
slightly colored by coffee, but surprisingly white after being in  coffee:
very slight,  yellowish tinge ;  lighter in color, good deal,  than boiled
lime water sediment; saw the package and fruit jar on the window sill
frequently; did not handle it till I left; went away  about  twelve;  it 
40
 lay there two or three hours; can't say if the window was open ; many
 people in and out;  four or five of the sick Avere in the room;  chances
 Avere that the AvindoAVS were open ; a  man  named Parks came doAvn
 Avith me ; in the carriage I placed the jar betAveen my  feet: package
 in my pocket;  at home put jar and package in a  cupboard, in which I
 kept my other  bottles; my front  office; Cupboard not  locked;  has a
 door; sometimes stands open; office where  I  receive my patients;
 people came in and out; am often away  from my office : premises en-
 tirely deserted  at times; ahvays locked ;  not  for  days at a time Avhile
 these things Avere there; only Avhile going to meals ;  my wife Avas there
 at other times ; it was there about an  hour before I gave it to anyone;
 after dinner gave Mr. Davidson a portion at my office ; it was wrapped
 in several thicknesses ofneAvspaper; it Avas moist; paper was thick  on
 this account; an ordinary dose of sulphate of zinc Avould have no effect
 on the stomach three or four hours  after administration : the greater
 the amount of poison the less zinc required ; the poison A\7ould of itself
 act as a partial emetic; sulphate  of zinc is  considered  the quickest
 emetic,  leaving less injurious effects  than any other  ; straining, retch-
 ing, vomiting, &c, with culphate  of zinc would   leave  a  soreness of
 muscles if straining Avas very violent, but it Avould not be the effects of
 the zinc; giving sulphate of zinc  after  vomiting might increase the
 soreness ; Taylor is considered authority in poison ; I think so ; I never
 read Taylor's Med. Juris.;  don't know anything about Dr. Reese, the
 editor of Taylor's Avork.  [Mr. Kirkpatrick read  from p.  183 of the
 Avork referred to.]   I agree Avith that; it is possible under such condi-
 tions that pain  may continue a very  long time;  other Avhite  articles
 have appearance of arsenic ; by sight  can be barely  distinguished ;  in
 my practice only attended one other case of arsenical poison;  that  in
 my father's family, where five AA'ere poisoned  by a negro; have  given
 no special attention to the subject of poisons ;  arsenic is nearly  or quite
 tasteless; Wharton & Stille's Med. Jurisp. is  ahvays  considered  high
 authority;  [vol. 2, p. 356 of that work is referred to] when in solution the
 taste may be faint but sweetish ; from the symptoms  of  Martin Laros
 and my observations of his  condition alone,  irrespective  of anything
 else, I would say that he died of  arsenical  poisoning ; in  a case de-
 scribed  to me, exhibiting the symptoms as described by you of Martin
 Laros alone, and given me to express as an  expert my opinion of the
 cause of death,  I Avould not say that the  party died  of  poison unless
 some other evidence Avas given me ; no man can decide anything from
 a hypothetical case; had I not heard  or knoAvn  anything of Martin
 Laros' case except the symptoms described I could not  make up my
 mind that he died from arsenical poisoning; if, on a chemical examin-
 ation after death, no poison Avas found  in the stomach  on the symp-
toms described I could not say Avithout some collateral proof that the
man died of arsenical poisoning; [Taylor's Med. Jur., p.  95,  is  read
by Mr.  Kirkpatrick]  one  or another  of the vomited  matter or the
urine or the secreted matter ought to lie examined, but an examination
of them all is, in my judgment,  not necessary; I do not agree Aviththe
passage  read: [Whar. & St. Med. Jur. vol. 2, p. 295 is then read] I agree
that the symptoms of bilious cholera  cannot  ahvays  be distinguished 
41
from poisoning;  symptoms alone can never alone supply  the evidence
of irritant  poisoning;  I  agree  Avith Christison  as there quoted; I
couldn't say from the condition of Martin Laros, with nothing  else in
consideration, that he died of arsenic; if there is no collateral proof I
Avouldn't say it; I think no verdict of guilty should be rendered if less
than one one-thousandth part of a grain of arsenic has  been  found;
[Taylor's Med. Juris, p. 155 is referred to] I agree  with  that;  it de-
pends on several circumstances hoAV soon  the symptoms of arsenical
poisoning Avould be apparent;  it would act much more  quickly  on  an
empty than on a full stomach.
   Mr.  Kirkpatrick—Wharton & Stille state that the symptoms  of ar-
senical poisoning usually are not perceived until half an  hour to  an
hour after taking the poison.  In cholera morbus  the symptoms may
come on suddenly.   Is that true?
   The Witness—Yes, so far as I know that possibly may  be so; but I
don't  understand  how it can, for time must be given for the food to
ferment first, usually a considerable period; probably one to ten hours
before the  symptoms of cholera morbus sIioav  themselves; the food
must ferment or become  corrupt first; [Mr. K. quoted  Wood's Prac-
tice of Medicine that the symptoms of cholera  morbus may come  on
suddenly]  yes,  I  agree that it  is  possible;  I made no notes of the
symptoms of Martin Laros, depend entirely on my memory; since
yesterday afternoon I said  nothing in particular about  the symptoms
to anyone;  Ave, the  other doctors and  I, joked  each other about the
examination, whether Ave would be wound up tight, or something like
that; I agree with the passage you have just read  in  Taylor's Med.
Juris,  [page 95] that "meat diseased, fish decayed,  &c, may give  rise
to symptoms similar to those of irritant poisoning."
                Saturday Afternoon, August 19.
   Dr. J. M. Junkin,  (continues.)  Re-examined by Mr.  -Fox.—Have
never  known a case of billious cholera Avhere  the symptoms shoAved
themselves  in less  than an hour after  the food Avhich caused  it had
been taken into  the  stomach.  A hot solution of arsenic will act and
produce its  effects  sooner than  a cold  solution.   Hot water is often
given to produce vomiting. A hot solution  ot arsenic will be much
more quickly absorbed than powder or a cold solution.  In the case of
a hot solution introduced into the stomach followed by violent vomit-
ing and purging the probabilities are against finding any of the arsenic
in the stomach.  If  a patient  previously in  health, sitting at supper,
should be suddenly  seized with vomiting and  purging,  I  should con-
clude that he Avas suffering from an irritant poison.  Cholera morbus
could not act so  promptly.   Poison may not positively  be detected
without chemical analysis.   Dr. Seem told   me that Allen C. Laros
had a convulsive seizure, with clinching of the hands, etc., just  at the
time of Moses  Schug's  death.   When I entered the room it was all
over.   He avus lying quietly, Avith his eyes shut.  I did not speak  to
him.  I left only a small quantity of sediment in the coffee pot.  I was
at dinner the hour that the liquid  and poAvder  remained in my office
before I gave it to Davidson. 
42
  By Mr. Kirkpatrick.—Cholera morbus does not immediately follow
the introduction of the food into the stomach.  An irritant poison pro-
duces the effect almost immediately;  generally arsenic acts  promptly.
I attended tA\'0  cases of arsenical poison.  One before this.  If Wharton
and Stiile say that arsenic acts between  one and six hours,  I  differ
from them.   He is welcome to his opinion.  I have my opinion, they
have theirs.   I understand by an irritant poison one that produces^ ir-
ritation either external or internal to the part to Avhich  it is  applied.
There may be vegetable irritants.  There may be animal irritant poi-
sons.   On the  subject of muscles, shell fish, &c, I am  not posted   I
would not class stale or bloAvn  meat with irritant poisons.  I doubt
whether cheese  itself can become an irritant poison.  It may from the
production chemically of buttric acid and then act as an irritant poi-
son.  Bread  may  become,  by vegetable  fungous groAvth,  poisonous.
They might  act by  deranging the functions of the stomach.  They
would not likely act as arsenic.
  Q.—"How about fresh bread?"
  A.—" I like  it fresh."
  It is certainly not poisonous.  Diseased meat or  meat  in a greater
or less degree of putrefaction may or may  not produce an irritant ac-
tion.   An irritant will produce irritation  as  a hard body  scratching
the surface would.  The vital action changes the irritation  to inflam-
mation.   It might or might not if it continued long enough, resemble
arsenical poisoning in its effects, though produced by ordinary articles
of diet.  After  death the stomach  Avould shoAv iuflamatory  action.   I
agree with Taylor in some cases, but not in  all.   If he states that  meat
in  a  putrescent condition acts as an  iiritant poison in every case, I
don't agree with him.  Putrescent meat is in some cases an irritant
poison—in the  majority, it is not.   Prof.  Taylor and Prof. Reese  have
a right to their opinions, and I have to mine, call it egotism  or  Avhat
you please.   I judge that more poison would be absorbed from a hot
solution than from a cold one, because a hot  solution  takes  up  more
poison.   It Avould  be more quickly absorbed and in larger  quantity
from a hot solution.  The reason  it is more quickly absorbed is that
it has  a  better opportunity, for  more of the poison in a given time
comes in contact with  the inner surface of the stomach.  The absorb-
tion is the passing through the pores of the stomach.  It may  be rapid
or slow, according to circumstances, the  stomach Avill act on anything
near its own  temperature more quickly.  [The witness  then described
the appearance of the lining of the stomach.]  In case of absorption of
arsenic it would be increased by heated character of liquid, and then
if death followed quickly, more arsenic would  be apt to be found after
death in the  coating and linings of the stomach.   As likely  there as
anywhere else.
   By the  Court:—Fatal dose of poison usually two grains.   Others
might take as much as ten grains and get over it.
   By Mr. Kirkpatrick.—Part of my views  I get from general princip-
les.  My own common sense largely.   A  great deal from  my books
written by Avriters of experience and authority ; relied  on them.
   By the Court.—Vomiting  is produced by irritation  of the  stomach. 
It)
 also by nervous sensation.   Persons Avho imagine or know they have
 taken putrid meat on their stomachs might vomit from that conscious-
 ness.  The effect of the nerves on the stomach.
   By Mr. Fox.—Gave my package of poison and jar of liquid to Coro-
 ner Carey, shortly after the occurance  of the deaths.  Tavo or three
 days after.
   By Mr. Kirkpatrick.—Put no mark  on  paper given Carey.   Small
 package, sealed with red sealing wax.
   By the Court.—Don't know if arsenic  would undergo a chemical
 change by being put in strong coffee.
   By Mr. Kirkpatrick—The package Avas in my office from Thursday
 afternoon to Saturday afternoon.   Carey Avas alone when I gave it to
 him.  Keep medicines, packages, and a great variety  of  packages  in
 my closet.
   D. D. Davidson, SAvorn.—Examined by Mr. Fox.—I am  a student
 in Lafayette College.   In the classical course.  Have  attended the
 Chemical studies of the General Classical students.  Also  because  of
 a partiality for the study took a partial  course in Chemistry during my
 Sophomore year.  I received from Dr. Junkin, the day after the poi-
 souing, some of the liquid coffee and some of the sediment.  Took it to
 the College Laboratory—the  Laboratory for General Chemistry—in
 Pardee  Hall.   Left the liquid on my desk. No. 89, for chemical ex-
 amination. I took the coffee grounds and the white sediment, and by
 successive pouring  on  of water obtained a  white sediment.  I then
 boiled the sediment in distilled water.   I thus obtained a solution of
 this sediment and water.  All the sediment was  not thus taken up  in
 the boiling, and I poured off the Avater and dried the remaining sedi-
 ment.  I thus had three different states of the original sediment.  [The
 Avitness then produced three vials containing these three different states
 of  the sediments,  numbered  as folloAvs :   No. 1.—Contained liquid
 coffee obtained from Dr. Junkin.  No. 2.—Sediment in solution with
 water.—No. 3.—Dried sediment—the bottle containing No. 3 Avas acci-
 dentally broken after the experiments were concluded and before the
 case Avas called.]  I made seven (7) different tests of these substances,
 viz:
  1st Test—Blow-pipe Analysis:
 A part of contents   of  No. 2, placed on a piece of charcoal and sub-
 mitted to the flame of the bloAV-pipe, gave a  flame  of  a purple color,
 white smoke and a garlic smell, but as several substances  give a gar
 licy smell when heated, the contents of No.  3, with acetate of potash,
 Avere  heated, and gave  kakodyl, which has  a peculiar, insupportable
 smell, some of Avhich is confined in the vial.
  2d Test—Metallic Mirror:
 No.  3 heated  with  charcoal in a  glass tube gave the metallic ring
 seen in piece of tubing produced, a portion of which  ring, by heating,
 has sublimed to arsonious acid.  This metallic ring, on  examination
 by  the eye, has an iron-grey color, brilliant and lustrous on the outer
surface, and crystalline on the inner.  Tavo crusts are deposited, one
 brighter  than the other.  By  examination  under a microscope of 130 
44
 diameters, the crystals appear of an octahedral, tetrahedral, and amor-
 phous character.
   3d Test—Reinsch's Test:
 Solution  No. 2, when acidulated Avith hydrochloric acid and heated,
 deposits on strips of polished copper arsenide of copper.  It is an iron-
 o-rey film, which Avhen heated in glass tubing gave beautiful octahe-
 dral, tetrahedral and amorphous  crystals  of arsenious  acid, as seen
 under a microscope.
   4th Test—Marsh's Test:
 With Solution  No. 2, zinc and  sulphuric acid, I made arsenuretted
 hydrogen, a gas.  Lighted the same and  obtained  on porcelain the
 metallic mirror.  I also made anti-monuretted hydrogen, and obtained
 stains on porcelain.   The  stains  of these two substances are nearly
 alike,  but  when  viewed  closely  the antimony stains are dark broAvn
 and almost black,  while the arsenical  stains  are brighter and more
 lustrous.   The arsenical stains, in chloronate of soda, dissolved in half
 an hour.   The antimony stains not for three or four days.
   5th Test—Scheele's Green, or Arsenite  of Copper.
 To No.  2,  I added sulphate  of  copper  and a drop or tAvo of ammo-
 nia, and obtained Scheele's green, or  arsenite of copper.   A portion of
 this Avas dried on porcelain,  and a portion put in a glass vial.   Ano-
 ther portion Avas heated in glass tubing, when the arsenious  acid sub-
 limated on the side of the tubing in the three kinds of crystals already
 enumerated.  A part of these crystals Avere put in solution Avith Avater
 and Scheele's green, and yellow sulphide of copper obtained.  Of ano-
 ther part arsenuretted hydrogen was made and obtained on porcelain,
 a mirror of hair brown color.
   6th  Test—Ammonio Nitrate of Silver :
 Solution No.  2, nitrate of silver and a drop or two of ammonia, gave
 a yellow substance, arsenide  of silver.  This,  when  heated to dryness
 on glass  tubing, gave the arsenious acid crystals seen in tube exhibited.
   7th  Test—Hydrosulphuric acid test:
 Solution No. 2,  acidulated with hydrochloric acid threw down in the
 presence of hydrosulphuric acid a beautiful lemon colored precipitate.
 This, AA'hen heated to dryness on glass tubing, sublimated into arseni-
 ous acid  crystals.
  From  these tests I conclusively found the sediment in the coffee to
 be arsenious acid or what is commonly known as white arsenic.
   Cross-examined by Mr.  Kirkpatrick—I  am  tAventy-three  years old.
 A student in Lafayette Collegs.  Been there three years.  Am in the
 Classical Department.  Don't knoAV  much about the Scientific De-
 partment.  I studied chemistry about three months before I  came to
 College.   By myself.   Read Steele's "Fourteen Weeks in Chemistry,"
 also "Olmstead's Chemistry."  When I began the study  of  chemistrv
 in College I was in the first part of my Sophomore  year.  Studied it
 in connection with the full  classical course during part of Sophomore
 and Junior years.  I studied practical chemistry only  during  a  part
of the Sophomore year.  Performed the tests I have  here (all except
three, including  Reinsch's  test) in the month of  June last.   Got the
liquid and the package from Dr. Junkin on the 1st of June.  Took 
45
them to the labrat ory Avhere the students in chemistry  perform their
experiments.   Forty to fifty students usually work there.  They were
mostly present Avhile I performed these tests.  We  have the ordinary
chemicals on  our desks.  Can get Avhat Ave need of poisons or the more
costly chemicals from the Professor or the boy who  has  charge of the
room where the general stock is kept,  I spent about three weeks  at
this Avork.  Ahvays carried the liquid part and the dry  part back and
forth from my boarding place.  At my room kept these and the results
of my experiments in my trunk locked.   When on the hill the articles
were on my desk.  Did not leave the desk while  performing the first
and second tests.   Did leave  it for chemicals while at the third.  For
materials.  But in the same room.  When I went home on  my vaca-
tion I carried the liquid and the dry part with me and  the  results  of
my experiments.   They were locked in  my  valise, and that is my
trunk.   Locked.   On my return I continued the experiments in the
laboratory on the fourth floor.  Left the room  during  the progress of
these experiments.  There are several janitors.   They have access  to
the various rooms in the College buildings.  I detected arsenic in the
first test by the garlic smell.  [Whar. & St., vol.  2, p. 370, was read to
the Avitness.]  Yes, it is true that other substances may produce the same
odor.   But I made kakodyl from some of the sediment.  I never smelt
anything  like  that.   There may have  been  organic matter in this
dry stuff as I  got it from the coffee.   I  got the copper for Reinsch's
test from Dr. Mclntire.  Did not test it.   I  sand-papered  it.   I got
hydrochloric  acid in the room adjoining the labratory.   Did  not test
it,  For Marsh's  test  did not test  the zinc.   Did not test the sul-
phuric acid.   Both may be  contaminated Avith arsenic. I  concluded
they were pure, for no metallic  ring appeared  on the  porcelain only
the black spot until I had put in the sediment.   Did not test  the ma-
terials  of which I made the hydro-sulphuric acid.  Did not  test the
copper or the ammonia.  If the materials Avere impure  and  contained
arsenic there  might be a small quantity of Scheele's green.  The pre-
cipitate.   But in my experiment there  Avas  a  large quantity  of the
precipitate. [Whar. & St., vol. 2, p. 373, was read to  the Avitness.] Yes,
I admit that  tests fifth, sixth and  seventh are not  infallible.   Phos-
phoric acid, soluble salts of cadmium and organic acids would produce
similar precipitates to scheeles  green.  The arsenide of silver might
look like that, and like the lemon  yellow precipitate.   [The witness
reads from a  memorandum §425 of an old edition  of  Whart.  &
St.]  But I treated the  precipitates  obtained  in this way  to heat  on
glass tubing and obtained octahedral, tetrahedral and amorphous crys-
tals.  No other substance than  Avhite arsenic give the  same crystals.
Not that I knoAV of.
  By Mr. Fox—I made four tests on the 1st of June.   Repeated the
same ones last week.   Same results as before.   Was satisfied that ar-
senic Avas present.  Obtained sulphuric acid and the zinc and the cop-
per for these  tests from Dr. Mclntire.
  By Mr. Kirkpatrick—I carried these last results with me on  my per-
son since I made them until now. 
46
                 Monday Morning, August 21.
  Henry S. Carey, affirmed.—Examined by Mr  Fox—Said that he
was Deputy Coroner of this county; that he received on or about June
3 a package from Dr. Seem and on the 11th received  from Dr.  Seem
another larger package of powder  and a  bottle of coffee.   Also re-
ceived a package and a bottle and three vials from Dr. Junkin.   Two
vials and a tube.  Got them on Monday,  June  5.  Gave the bottles
and the packages to Dr. Charles Mclntire.  Those received  from the
doctors on the 5th of June.  Also gave him  those  I  received on the
11th on the afternoon of the day I  received them.   I  held the Cor-
oner's inquest on the bodies  of  Martin Laros,  his wife  and Schug.
Saw their bodies at the house. Was present afterward at the postmor-
tem examination of Martin Laros and  at  the  disinterment from the
grave.   Dr, Field and Dr. Jacob Heller made the post mortem.   SaAv
that the body was that of Martin  Laros.   Dr.  Field  removed the
stomach and part of the entrails.  He  gave  them to me.   I put in a
jar the stomach and entrails and brought  it  home to Easton.   Gave
the stomach and entrails some time aftenvard to Dr. Mclntire—on the
17th of June.  Had it from the 6th to the 17th in my possession.

   Cross-examined by Mr. Kirkpatrick—Think I got the package  in the
morning of June 5.  On Monday.   Got it at Dr.  Junkin's  office. A
package and a jar.  Took them to my shop.   Put them on a table
there.   Left them there a few minutes. Took them  with Dr.  Mcln-
tire to the room in Pardee Hall, Avhere he said he was going  to analyze
them.   It appeared like a chemical room.  Don't knoAV Avhat he did
with them.  I went away and left him there.  Can't say whether there
Avere other bottles and packages there.  Did  not leave the packages in
my office while I Avent out any time,  Got the  package and jar from
Dr. Seem, near Martin's Creek, on the 11th.   EdAvard  Seip Avas with
me.   Did not open them.  Put them in the carriage and came  home.
Did not leave them in the carriage.  Went in house to  say that  I had
come back, then I went to Dr. Mclntire's.  Dr. Mclntire had the cof-
fee pot then.   I gave Dr. Mclntire the coffee pot on June 5 with the
package from Dr. Junkin. Gave Dr.  Seem's package to Dr. Mclntire
at his father's house. Had the package from Dr. Seem on  my person
until I gave it to Dr. Mclntire.   Left the coffee pot  in the carriage
when  I reached  Easton.  Forgot  it.  Got it again  about   eleven
o'clock in the same evening.   Left it in carriage  about  seven o'clock
P. M.  Gave the package and jar  to Dr. Mclntire himself and took
his receipt.  Was not present when  these bodies Avere  buried. Saw
the body in an out-building at the Forks  Church Avith  Dr. Field at
the post mortem.   Took notice of the outside appearance.  The stom-
achs of Mr. and Mrs. Laros were both taken out.  The  jars they were
put into were ordinary fruit jars, screw top.  I held the jar and Dr.
Field put them in.  In separate jars.  Jars  alike. There were  a num-
ber of people about the grave yard.  I locked the jars  in  my safe in
 Mr. Brodie's office.   It has one key.  Mr. Brodie does not keep things
in that safe.  They Avere there tAVO days.   Then I took the  safe  and all
its contents over to my office.  Saw them two  days afterward.   Kept 
47
the key in my pocket.  In my office they began  to  smell  very  bad.
On Sunday evening I got Dr." Field to look at them.  He  said  they
were not corked up tight.  We disinfected the room and  safe  Avith
chlorinated soda.   Next day  I  put the bottles outside the safe all
sealed and sent for the doctor.  We took the Avrapper off  and found
one of the jars cracked.  Went to Mr. Pyatt's, got a new jar and emp-
tied the contents of the cracked jar  into the neAv one.  We  then
Avrapped them up and sealed the  Avrapper.   Put them  in  a box and
buried them in my garden until the 17th of June, then I dug them up.
Gave them to Dr;  Mclntire.   Think the  doctor  helped me dig
them up.
   By Mr.  Fox—The seals  were all right when the box was opened.
When I came home I forgot the coffee pot.   Left  it in the carriage.
Sent to  Hemingway's.  They had hired the carriage to a young  man
to go to Laros'.   Don't  know who  the  young  man was    I Avent to
Hemingway's stable and waited until the carriage came back. Hoisted
the drop in front  and found the coffee pot.
   By Mr. Kirkpatrick—It was said a package of powder (arsenic) Avas
found on the clock at Laros'.   It Avas not examined as  I saw Avhile I
was there.
   By the Court—The name was put on each jar to distinguish them.
I Avrote them on after I had sealed the jars.  Don't  remember  A\Thich
jar cracked. Buried them about two  feet  three inches deep.   Put a
stone on the box and put ground on top of that.   I sealed all the joints
of the box Avith sealing wax. The boards Avere half an inch thick.  The
contents were not disturbed.  Think nobody knew where they were but
myself.   I buried them in the evening near my stable.
   By Mr. Kirkpatrick—When they smelled  in  my office Dr. Field
took both the A\rrappers off.  The names Avere taken off  one by one at a
time with the wrappers.   The Avrappers were burnt,
   By Mr. Fox—I put fresh Avruppers on and sealed them.  There was
no mistake in getting the right name on the bottles.
   D. D. Davidson, recalled.—-[Witness  shoAvn  the two  bottles  and
the tube shoAvn by Mr. Carey.]   These are parts of the result  of my
first analysis of the substances got from Dr. Junkin. They are Scheele's
green from the liquid office, the hydro-sulphuric acid test of the solu-
tion from the sediment and the metallic ring from the dry powder. In
my opinion the substances tested  contain arsenic.
   By Mr. Kirkpatrick—Didn't test the substances  for  organic matter.
The materials Avere the same as I tested in the first part of June.   Did
not put any marks on the test tubes or bottles.
   H. S. Carey, recalled.—By the  Court—I deposited the  tube and
tAvo bottles containing the result of the tests in the safe of the  North-
ampton  County Savings Bank in  a sealed  box, afterwards  in  Judge
Cole's office.
  Dr. C. C. Field, sworn with uplifted hand.—Examined by Mr. Fox—
Am a practicing physician for one-third of a century.   I kneAV Martin
Laros in his lifetime.  I made a  post mortem of his body. On the
6th of June I was requested by District Attorney  Merrill  and H. S.
Carey to make the post mortem.   I  understood the  bodies Avere in- 
48
 terred, but would be disinterred  that  day.    Have previously  made
 post mortem  in  a case of arsenical poisoning.   In the case of Mr.
 Worman.  Went  up to the  Forks Church  with Dr. Heller.  Dr.
 Reeser, of Forks township, was there and a number of other persons.
 The bodies  Avere taken to an out-house.   I recognized the body of Mar-
 tin Laros.  We found no marks of external violence.  The  abdomen
 at the bottom was of a purplish hue, blood having  been  extravasated
 immediately beneath the skin.  The Avails of the abdomen  Avere then
 carefully opened.   The extravasations Avere evident.  Having  opened
 the abdominal cavity  we had  presented to  us the omentum.   The
 omentum, instead  of being natural, was infiltrated Avith blood of a dark
 purplish hue.  On examining it found  it quite delicate. _ Broke very
 readily.  Entire omentum Avas  in that condition.  Elevating and turn-
 ing it back we had presented to us the large and small bowels,  intes-
 tines and stomach.  All were of a  dark purple  hue.  Highly con-
 gested, and in several parts  of the  small  intestines, just  below the
 stomach, were small openings.  The liver, instead of the natural red-
 dish broAvn  color, was very dark,  closely  approaching black.   After
 examining the external appearance of the contents of the abdomen we
 proceeded to remove the stomach and a portion of the intestinal canal,
 and, to prevent escape of contents,  carefully  dreAV the  tube  of the
 oesophagus doAvn about five inches, secured the upper part with a  cord,
 and just above the stomach we fastened another cord.   We did this to
 prevent escape of contents and also to have opportunity of examining
 inner membrane of sesophagus.  Found membrane much inflamed and
 more or less eroded or destroyed.   We  then  carefully  liberated the
 stomach from its attachments  and  examined the  small  intestines.  A
 short distance beloAV the stomach that portion  was  in a very delicate
 condition, so much so that in simply handling it part exuded. Seemed
 perforated.  Separating about three feet of small intestines we secured
 the intestine as we  had the oesophagus Avith a cord twice,  about eight
 inches apart.  This portion of the  small intestines was very much con-
 gested and  eroded.  We carefully removed the stomach and that por-
 tion of the intestines and handed it to Mr,  Carey for the purpose of
 having him  put it in a fruit jar.  Mr.  Carey sealed it in our  presence.
 Put a paper around it and put  the name on  the paper.  Arsenical
 poison could  have produced this  inflammation and  erosion.   If I
 knew nothing but what I discovered at the post mortem I Avould say
 he died of inflammation  and  ulceration   of the  stomach and bowels.
 Could not tell  the cause of this inflammation.   The  lining membrane
 of the sesophagus or stomach might be thus inflamed by a severe at-
 tack of cholera morbus.   Arsenious acid could produce such  a  condi-
 tion.  The same condition I observed in the case of "Boss" Worman
 Avho died from arsenic.  Presented the same appearance.  If added to
 the facts derived from the post mortem I had knowledge that Martin
 Laros was in good health until  sixteen  hours  before his decease and
 Avas taken sick at the  table in  the  manner he  Avas (describing the
symptoms) knoAving nothing else, it Avould not be possible for  me to
say that the  death Avas produced by arsenical poison.  It could do it
but I could not under  those circumstances say it  did.   Think  such 
49
erosion might take place  in  sixteen  hours  in Asiatic  cholera.  In
Asiatic cholera  the  discharges  are sometimes  streaked  Avith blood.
Generally like rice Avater.
   Q-—If in addition to other circumstances of the seizure  and death
and the results of the post  mortem examination six other persons had
been seized with similar symptoms at the same time Avith the deceased
what would then be your opinion as to the cause of death ?
   Objected to by defendant's counsel because incompetent and irrele-
vant,  Overruled and exception taken.
   A.—That the same cause produced the same effect in each case.
   Cross-examined by Mr. Kirkpatrick—If I Avas to divest myself of all
other knowledge of the case except the symptoms and post mortem I
would then say that I could not positively state Avhat Avas the cause of
the inflammation which caused the death.  [Page 143 Taylor's Med.
Juris, read in reference to  post mortem appearances]   There may be
cases of very little change  in the throat, stomach, &c.  This redness,
ulceration,  &c,  might  be the result  of other  poisons or of disease.
[Taylor's Med. Juris., page 102, referring to  the  changes resembling
those mentioned, Avhich might  be found Avhere  no poisoning was sus-
pected, and the individual  apparently healthy up to  the  time of  his
sudden death.]  Yes, I have no doubt of the  truth of that statement.
Perforation may result from disease. Have made many post mortems.
Have found case of sudden illness in a hard drinker folloAved by death.
Poisoning was suspected.   The stomach and bowels and intestines were
cougested and perforated, but no arsenic Avas found.  The parts named
were highly inflamed and ulcerated.  I think it would be  essential to
find  the arsenic before I could say that death  was produced by  it. The
conditions named might be produced by other  causes.  [Wharton &
Stille, vol. 2, p. 285, Avasread,  referring to the  similarity of these condi-
tions to  those   produced   by  disease.]   Should   not  be  able to
decide positively the cause  of death unless the arsenic was found in the
body or known to have been administered; such opinion would  be haz-
ardous.   I say "either found in the body or  knoAvn to have been ad-
ministered to the deceased," because the arsenic might ha\re been neu-
tralized  by the  antidote  or  thrown  off  and so not be  found  in
the  body.   [Wharton & Stille,  volume  2,  p.  295,  was  read.]
I  have   found  perforation  in  both  of  these  post mortems.   It
might have come from a  diseased stomach.   In some cases of arsen-
ical poisoning the burning in the stomach is Avanting.  In  the  case of
Osterstock, suicide by poisoning, the usual  symptoms were Avanting.
The  first time he took a hot liquid.   The acrid, burning pain soon  in-
duced him to send for me.   The second time he made a paste of it with
cold Avater and being completely overwhelmed  died  in  a short time
without the usual symptoms.   The  burning pain is one of the usual
symptoms.
  By Mr. Fox—Had he died in consequence of the  first  taking then
if there had been a post mortem examination  probably none of the  ar-
senic would have been found.  He took it the first time in a hot liquid
and complained of a burning pain in stomach.   The  second time  he 
50
complained of no burning pain.   Had purging,  vomiting,  liquid  dis-
charges, &c, and died in six hours.
  Q.__If several  of  the  family had  similar symptoms as deceased
varving in degree, and it should appear that one of them drank of cot-
fee sixteen hours before death, and upon a  chemical  examination ot
coffee arsenic was found in the coffee in sufficient quantity to  produce
death, would  it be possible with the results of the post mortem examin-
ation to give a positive opinion that the person had died  of  arsenical
poison even though no poison Avere found in the stomach ?
  Mr. Kirkpatrick—Defendant objects because the hypothetical ques-
tion assumes certain facts  Avhich are not justified  or presented  in  testi-
mony ; because it calls for an opinion as to the facts which are within
the province of the jury and not properly Avith in the province of an ex-
pert ; that the question is  not such a hypothetical proposition  as  is
allowed by laAV, and that it is incompetent  and irrelevant;  also  that
this question assumes that the arsenic was found in the coffee before  it
was drunk.
  Objection overruled.  Defendant takes an exception.
   Witness ansivers—If I kneAV he had taken arsenic in the coffee under
such circumstances as you have described and had such symptoms then
with the appearance I found in the post mortem examination I should
say unequivocally and positively that the deceased died from arsenious
poisoning.
  Dr. Charles McIntire, sworn  Avith uplifted  hand.—Examined by
Mr. Fox—I am a doctor of medicine; a graduate  of the University of
Pennsylvania; studied three and one-half years  before I graduated;
Dr. Traill Green Avas my  preceptor ;  he was at that time professor of
chemistry in Lafayette College;  I  took a scientific course and gradu-
ated at  Lafayette College;  studied chemistry also  in the course at the
University; Avas adjunct  professor of chemistry two years and assistant
four years at Lafiiyette College ;  I received on the afternoon of June 5
from Mr. Carey, to Avhoni  I gave a receipt,  several packages,  Avhich 1
marked with  a lead pencil:—"From the coffee pot, Dr. Seem, No. 1 ;"
"From  the coffee pot,  Dr. Junkin, No. 2;" "Liquid coffee in bottle
from Mr. Carey;"  I don't knoAV  from Avhom he got  it; I called  that
"No. 4;" "Coffee pot  and sediment,  No.  5;" [coffee pot shoAvn] on
June 11 received a package and  ajar from Mr. Carey ; have not them
with  me;  on Saturday, June 17, in Mr. Carey's back yard, I  received
a carefully sealed Avooden box purporting to contain the post mortem
material; all these substances  were removed to  the  "Laboratory  of
Original Research" at Pardee  Hall, northeast  corner  of the  fourth
floor; it has four Avindows and one door ; bottom  sash of each windoAV
is provided with a catch;  each Avindow has also  inside hooked shut-
ters ; the door is provided with a Yale's dead latch, differing in  char-
acter from any lock; it has three keys, all  of Avhich have been  in my
pocket since the beginning of my work ; the door  has also  a transom
window, fastened on the inside by  a hook; upon leaving the laboratory
at any time the sashes were closed and Avere  sealed;  the  inside  shut-
ters,  top and bottom, Avere closed and sealed ; the hook of the transom
was closed and sealed and the door sealed upon the outside after bein^ 
51
 locked ; the seal was not over the lock, but down in a dark corner ;  it
 Avas impossible for any one to enter the room during my absence Avith-
 out my knoAvledge ; the seals during the  Aveek  Avere  at  no time dis-
 turbed but by myself;  the various dishes and  apparatus used in the
 experiment Avere new and all chemicals in the analytical  process were
 taken from the general stock and not from any bottle that had been in
 use in any other laboratory,  and in every  experiment  were carefully
 tested as to their purity; I first took the package  marked "From the
 coffee pot, Dr. Seem, No. 1."
   Mr. Kirkpatrick—What do you propose to prove by this witness?
   Mr. Fox—We propose to prove by this Avitness  the  chemical analy-
 sis Avhich he made of the contents of the paper package, of the bottle
 and of the coffeepot  Avhich he received  from Henry S. Carey,  Deputy
 Coroner.
   Mr. Kirkpatrick—The defendant objects that the substances and ar-
 ticles mentioned are  not sufficiently identified ;  that their custody have
 not been sufficiently accounted for to the jury;  that it  has  not been
 sufficiently sIioavu that any of the substance contained in the packages
 and vessels Avas administered to or taken in any way into the  body of
 the deceased ; that the custody of the coffee pot in  particular  has not
 been accounted for;  that the proper preliminary proof has  not been
 adduced in regard  to  these  articles, their care, whereabouts  and
 identity prior to their receipt by  the witness to  render their  analysis
 competent in this  issue; and the general objection that the evidence is
 incompetent and irrelevant.
   Objection overruled.  Defendant takes  an exception.

                 Monday Afternoon, August 21.
   Dr. McIntire on  the stand.—Commenced  Avith package marked
 "From the coffee pot, Dr. Seem,  No.  1 ;"  it contained  a Avhite powder,
 mingled with brown particles ;  a  portion   was   treated Avith distilled
 Avater and hydro-choloric acid in order to  obtain a solution of the sub-
 stance ; part of this solution was  boiled  in a test tube, and Avhile boil-
 ing strips of bright copper Avere introduced one  after another  as long
 as any deposit Avas formed upon them ;  [The witness here displayed a
 case covered with glass and containing the results of his experiments.]
 this tube [showing tube marked "Reinsch's test,"]  contains one of the
 strips of copper; arsenic, antimony, cadmium, silver,  platinum, palla-
 dium, gold, selenious  acid, tin, under certain  conditions, and  organic
 matter will cause a deposit on copper when heated  in  this way; none
 of them, hoAvever,  will produce the characteristic crystalline form Avhen
 heated in a closed glass tube, excepting arsenic;  I accordingly took
 one of the strips of copper, placed it in a closed  glass  tube, heated it
 gently and obtained octahedral and tetrahedral crystals; [Models of
 the octahedral and tetrahedral crystals shown.]  I examined them with
 a pocket lens and determined their forms ; another portion of the solu-
 tion  Avas treated with  a solution of sulphate of copper,  to  which aqua
ammonia \vas added and a green  precipitate (Scheele's green) was pro-
duced ; no other metallic substance than arsenic will produce this pre-
cipitate ; through another portion of  the  solution sulphuretted hydro- 
52
 gen gas Avas passed ;  arsenic, cadmium, tin, tellurium and selenium pro-
 duce yellow precipitates  by this reagent; the precipitate was filtered,
 carefully dried and a portion of it taken and mixed  Avith  sodium car-
 bonate and  potassium  cyanide,  previously  a\ ell dried; placed in a
 closed glass tube, free from lead and gently heated :  a metallic mirror
 condensed on the tube about an inch from  the  bottom of the tube
 Avhere the lamp Avas applied : this reaction proved the yellow  precipi-
 tate to be sulphide of arsenic  and  the  original  to  contain  arsenic;
 [Specimens shown.]  a portion of the original powder Avas dried at less
 than 212 deg. Fah.;  a portion  mixed with cynanide of potassium and
 sodium carbonate and heated as before in  a closed glass tube, Avhich
 produced a mirror similar to the one produced by the  sulphide of ar-
 senic ;  another tube was similarly prepared, the  closed end  cut  off,  a
 stream of sulphuretted gas passed over the  mirror,  at the same  time
 gently heating it a yelloAV deposit was formed on the tube beyond the
 metallic deposit; this again is indicative of  arsenic; [Substances are
 marked "Reduction" and "Reduction sulph-hydric acid" on the chart,]
 another portion of the original powder  was heated in a  closed  glass
 tube and all volatalized, condensing along the side of the  tube, form-
 ing the characteristic  crystals of arsenious acid;  took a portion of the
 package marked "From the coffee pot,  Dr. Junkin,  No.  2;" it  con-
 tained a whitish poAvder and brown particles  looking like the other;
 put it through the same tests and got the same results as  those  in the
 case of the package marked "Dr. Seem, No. 1;" I next examined tin-
 contents of the coffee pot as it Avas handed to  me.
  Mr. Kirkpatrick—The defendant objects to an analysis of the coffee
 pot's contents for the same reasons as before given.
  The examination of the witness was suspended  here at the suggestion
 of the Court until evidence to identify the coffee pot is given.
  Clara Laros, recalled.—By Mr. Fox—Had more  than  one coffee
 pot at home ; one looked like this; [Coffee pot shoAvn.] the other was
 different; the other had a round black  handle; the pot  like this  had
 been mended ; the coffee pot Avas of the same size and looked like this;
this  was the  one  used that evening; we usually kept it in the  cup-
board in the out kitchen; don't know  Avhat  was  done Avith it  after
supper that night; I was too sick to notice ; the other one Avas  not as
old  as this one; this coffee pot had been in  use a good Avhile • the
handle of the other looked as if painted black  ; the other coffee pot had
not been used that day at all; when I filled the coffee pot I  filled it
full.
  Cross-examined by Mr. Kirkpatrick—There was  no mark about the
coffee pot by which I could tell the coffee pot; this is like the one we
used.
  Alice Laros, recalled.—ify Mr. Fox—Vie had two coffee nots at
home; one Avas like this;  the other was differently made and don't look
like this one; this one is like the one we used  that  nio-ht •  I helipvo
this to be the same one.                               °   '   Delievc
  Cross-examined by Mr  Kirkpatnck--Xo mark  about  it  Avhich   \
know it by; I only say it looks like it;  I Avould not swear it av-s flu
same one ;  there might be a great many others just like it 
53
   Henry S. Carey, recalled.—By Mr. Fox—I think this is the very
 pot I took from the child at Laros' on Thursday afternoon ;  it  would
 hold  over three quarts.
    Cross-examined by Mr. Kirlpairick—Every tinsmith  has  his own
 form and wsiy of putting together coffee pots; I myself have made pots
 similar to this ;  some larger ;  the child I saw with the coffee  pot in its
 hand was walking around the yard swinging the pot by the handle,
 spout doAvn ; the child Avas  between two and three years  old.
   Dr. McIntire recalled to the stand.
   Mr. Kirkpatrick—We object to the testimonv of  this  witness from
 this point.
   Ihe Court—Objection overruled.
   Mr. Kirkpatrick—We will take an exception.   And  now the de-
 fendant further objects—
   1. Because the Commonwealth have failed to account for  the custody
 of the coffee pot after it came  into the  possession of Mr. Carey at the
 house and until it was transferred to the custody of Dr. Mclntire.
   2. Because they have failed to account  for the custody and Avherea-;
 bouts of the coffee pot until  it  came into the possession of Dr.  Seem on
 the night of the 31st of May and from that time until it  came into the
 possession of Mr. Carey from the hands of the child.
   3. That the identity of the coffee pot and  its  contents has not yet
 been sufficiently proved.
   The Court—Objection overruled and exception sealed.
   Dr. McIntire continues.—The coffee pot Avas coated on  the bottom
 and along the sides with a Avhite  poAvder; I removed  part of it by rins-
 ing the coffee pot Avith cold distilled Avater, pouring  it  out  in a  clean
 glass vessel and alloAving the floating particles to subside; pouring off
 the liquid I obtained another Avhite powder with fewer brown particles;
 [Sample shoAvn marked "contents of coffee pot."] a portion of  this pow-
 der Avas treated in the same  way as were the other tAVO with the same
 results in every instance ;  [They are marked, on the card  sho\vn,as the
 others.] the deposit on the front side Avas left there  when  the liquid
 was poured off;  AAThether  this deposit Avas made on the  bottom or sides
 of the pot Avould not depend  on the heat or coldness  of the liquid ; I
 analyzed the bottle of liquid marked "Coffee  No. 4;" through a  por-
 tion of it I  passed sulphuretted hydrogen gas;  after having acidulated
 it Avith hydro-chloric acid, I obtained a yelloAV precipitate,  Avhich I
 dried ; a portion  Avas heated in a closed glass tube, Avith sodium carbon-
 ate and potassium cyanide, I obtained  a metallic mirror  near the top
 of the tube; [Specimens shown.]   Another  portion acidulated Avith
 hydro-chloric acid Avas tested by Reinsch's method,  producing the
 coated copper, and this being heated,  giving  the  characteristic crys-
 tals ;  I next tried Marsh's test;  took a flask provided with a rubber
stopper having tA\o perforations, through one of which  a  funnel tube
was put; through the  other  perforation a  glass  tube bent  at right
angles connected to another glass tube containing  cotton wool and
fused calcium chloride; this  in turn Avas connected  Avith  a  long  glass
tube, narrow in three or four places near the extremities  bent at right
angles and the extremity draAvn into a fine jet; zinc  Avas put in the 
51
flask and through the funnel dilute 1 sulphuric acid  was poured ; the
action of the sulphuric acid  upon the zinc was to  generate  hydrogen
gas; this was carefully tested and  found  to  be  absolutely  pure; a
small portion of the suspected liquid  was poured into the flask  through
the funnel;  a strip of filter paper moistened with a solution  of  nitrate
of silver was held above the  jet,  it was immediately turned black ;  ar-
senic does this ; the jet was  then reversed and  placed in a test tube
containing a solution of nitrate  of silver; a black precipitate  immedi-
ately formed; this may be produced  by arsenic or antimony ; I filtered
the liquid from the precipitate aud carefully added aqua ammonia and
obtained a yellow precipitate ; this is arsenic, not antimony ; it distin-
guishes them;  turning the  jet upright again I ignited the gas, placed
a piece of cold porcelain over the flame  and obtained a series of me-
tallic mirrors similar to those shown  on the card ;  to  these  spots was
added a solution of chlorinated  soda; they Avere  dissolved,  indicating
that the substance Avas arsenic and not antimony ;  I placed  under the
long tube before described a lighted  lamp, on  the flask  side of the
narrowed part of the tube ;  there were formed  metallic  rings  on that
side of the lamp beyond the  flask ;   several of these  rings were ob-
tained, over  one of which I passed a stream of sulphuretted hydrogen
gas, gently heating the deposit;  a yellow deposit Avas formed upon the
glass beyond the lamp; [Marsh's test  and sulphuric  acid  test on a
card.]  the portion shown here was obtained at another time from two-
thirds of a drop of coffee. I  pronounce  the substance  obtained from
Mr. Carey to be white arsenic of the shops, or  simply arsenic mingled
Avith a brown powder which looks like coffee;  I don't know what it  is ;
the coffee contains some form of arsenic; I made a quantitative analy-
sis of the liquid ;  twelve and one-fourth grains to the  fluid  ounce were
obtained fr»m the liquid;  analyzed  June  15; thermometer  32 deg.
Cent., about 90 deg. Fahr.  Cold liquid will dissolve arsenic in varying
quantities, depending on the several conditions; ordinarily about one-
half grain to a fluid ounce at about 80 deg. to  90  deg. Fahr.;  in  boil-
ing liquid, boiled from half to one hour, I  determined  the amount  of
arsenic dissolved at the boiling point  forty grains to the fluid   ounce ;
coffee will not dissolve  arsenic as readily as Avater, about thirty grains
to the ounce ; I therefore conclude that the  coffee had been  boiling
some time before the powder was put in, as the liquid contained twelve
grains to the ounce ;  it Avas not  likely put in when the liquid Avas cold.
I made an arsenical solution containing 23 parts  of coffee,  fiftv narts
arsenious acid and 500 parts of Avater mixed and boiled tor a quarter of
an hour, while hot applied it to my lips and the tip of my tongue ; in
less than one minute the sensation on  my  tongue Avas of a  pungent
character, Avell described as peppery; in one minute and a half I liad
the same sensation on my lips ;  then  I thoroughly washed  my  mouth ;
                                                  _-:periment  with
the same solution after it had stood for forty-eight hours and  in about
a minute experienced the peppery sensation  on my  tongue,  although
not as plainly as when the solution was hot;  didn't let the liquid get 
■ )■)
 to my throat.  The  copper I used was pure copper, prepared especially
 for the purpose of chemical analysis  and  the  detection of arsenic ;  I
 tested the pieces before using; the pieces I gave to Mr. Davidson were
 of this kind;  the dilute sulphuric acid he got from  me  was also  pure;
 heard and saw Mr.  Davidson's examination ; I think his experiments
 were correctly made and the results show the presence of arsenic  in the
 substance examined ;  Avas not present Avhen he made the tests.
    I made an analysis of the stomach  and viscera of  Martin Laros; on
 dune 17 took the  box received from Mr. Carey to the laboratory ;  took
 from the box ajar labelled on the paper Avrapper "M. Laros:" tore off
 the sealed wrapper;  found the jar to contain the stomach and  a  small
 boAvel eighteen inches or two  feet in length ; they Avere removed into
 clean  Avhite  porcelain  dishes ; another jar Avas labelled "Mary Ann
 Laros;" took care not to get  the  contents mixed;  the  exterior coat
 of the stomach of Martin  Laros was reddened  in some portions  more
 than usual, the remainder of it having a brown tint; this stomach had
 been gashed with  a  knife, there was therefore no distension ;  I  opened
 it with a clean pair of scissors,  emptying  the contents,  two or three
 ounces of a dark semi-liquid  material, and proceeded  to  examine the
 lining membrane ;  I first looked carefully  to  see if I  could find any
 particles of solid material clinging to this membrane; I found none; I
 next examined the condition of the membrane ;  most noticeable Avas a
 general  brown appearance; then at both extremities and  on all  sides
 of the extremities  were small dark brown elongated  spots, sometimes
 grouped together,  giving the stomach  a  striated appearance;  besides
 this, distinct from  the darker brown spots, there was  a  redness which
 was best seen   by  holding up the stomach  between myself and the
 light, Avhen the finer bh od vessels  were  seen to be  very much  con-
 gested;  a small portion of it was cut open  and  the  lining membrane
 was of same general appearance ;  in two or three places the membrane
 had raised up like a blister;  both  stomach and portions  of the intes-
 tines were cut in small pieces and  treated along with their contents to
 moderately strong hydro-choloric acid and alloAved  to remain  on the
 steam bath for several days at nearly  212 deg, Fahr.; this was about
 College  Commencement; the decomposed substances  Avere placed in
 new and eh an  glass  bottles, sealed, placed in a clos >t in the laboratory.
 locked and the door sealed in several  places and  the  laboratory  ii.seIt'
 kept locked during  commencement';  after Commencement  found all
 seals undisturbed ; I took about half of  the solution  of  the stomach,
 placed  it in a large  glass flask,  heated it  to  boiling and  added a
 strip of  bright copper; it  was not coated until they had been  boiling
 together about  ten  minutes; the strip was  removed  and  another sub-
stituted  which exhausted the deposit; the length  of time taken to
form the deposit Avas evidence to me that if arsenic was  present  it  was
 in very small quantities;  the copper strips Avere accordingly boiled in
ether in order to remove  any  adhering  organic  matter, then  washed
and dried; the copper Avas cut into fine pieces,  introduced into  a  glass
tube sealed at one  end and then with a  moist piece of paper Avrapped
around the end containing the copper the other end Avas draAvn  out to
a fine tube ; the copper end Avas  then carefully  heated at a Ioav tern- 
oG
perature over a spirit lamp with alow flame  and the small end of the
tube examined Avith  a microscope,  first  with about  100  diameters;
crystals, octahedral in form, were discovered, which were more clearly
made out and certainly  recognized with a  magnifying  power of  LOO
diameters; these crystals Avere determined in  three separate tubes with
all the copper I had  excepting this piece I have  here ;  the  other half
of the solution of the stomach Avas treated in  the  same  way  with  the
same result;  several tubes were then  prepared in the same manner ;
these Avere not all examined by the microscope, but tAvo Ave re selected
at random ; the end of the tubes,  in  Avhich a sublimate was formed,
were boiled in an excess of distilled Avater and the solution  carefully
evaporated in order to concentrate it, the resulting liquid placed  in an
actively working Marsh  apparatus, the tube of  which Avas already
heated to redness and the jet ignited ;  no spots were  obtained on  tin-
porcelain held over the jet and  I cannot  say certainly but  probably
there was a darkening in the tube; the apparatus was so delicate that
on attempting to remove the portion darkened the tube broke through
the constriction; the intestines Avere examined in the same  Avay,  using
a similar sized glass and the same re-agents throughout and  no crystals
obtained; this is the best test  I  can  adduce of  the purity of my re-
agents ; the most delicate test had  now been made and the material
had given out. In my opinion the substance Avhich I found  in my  ex-
periments on  the stomach Avas arsenic in some form.
  The  appearance of the stomach indicates  a  great inflammation ; in
all probability that was  caused  by  some irritant  substance, and  the
brown  spots especially correspond with the general results of  arsenical
poisoning ; my opinion as to the fact of arsenical poisoning from an ex-
amination of the stomach is strengthened almost to a  certainty by  the
finding of arsenic in the stomach ; arsenic that is  absorbed Avould be
likely to be found in the liver;  I instructed that  the  liver should be
removed, but it Avas not  done ;  if arsenic Avas given in a hot solution  it
would be absorbed more quickly than  poAvder or  a cold solution ;  given
in powder it Avould have to  be dissolved in the stomach before it would
be absorbed ; a person seized with cholera morbus and dying in sixteen
hours would scarcely present the appearances  found ;  could tell  better
if the post mortem was made shortly after death ; the lining membrane
of the lesophasus would  not be eroded in an attack of cholera morbus
of that duration ;  if  a person  in health  Avould  die after sixteen or
eighteen hours' illness such  erosion would not be  the result of anything
but an irritant poison; cholera morbus Avould not  likely produce per-
foration of the intestines in  sixteen to eighteen hours unless the person
also had some chronic disease; the discharges  in cholera  morbus are
not usually bloody Avith mucous; a person seized with violent vomit-
ing and purging after taking a hot solution of arsenic  the probability
is that no arsenic would be found in the stomach ;  other substances may
produce results similar to some of these tests; there are tests to distin-
guish arsenic from these substances ;  I have applied these tests in every
case; I consider the tests described by Mr. Davidson  as satisfactory
and a proof amounting to demonstration.
   Cross-examined by Mr. Kirkpatrick—I have never before this made 
57
 an analysis for legal investigation ;  I have  been practicing medicine
 steadily for one year and a half; never had a case of arsenical poisoning •
 had a few cases of gastritis ; have known a half dozen cases of cholera
 morbus ;  none m my own practice the last year and a half;  this is my
 first post  mortem examination and this Avas confined to the  substances
 given me in these jars ; I do not say that Martin  Laros died from ar-
 senical poison ;  there is only a great probability ;  it is possible the ap-
 pearances may  have had other  causes than arsenical poison ; those
 appearances I cannot say are peculiarly and distinctively characteristic
 of arsenical poison;  perforations are not peculiarly  characteristic of
 arsenical  poison; by erosion I understand to mean a partial destruction
 of the tissue ;  as to arsenic taken in solution I can't say that it destroys
 the tissue ;  there is a possibility that it might; I can't give an opinion
 as to arsenic generally ; it cannot chemically destroy  tissue ;  certainly
 not  mechanically ;  it might  cause erosion in a strong solution; have
 not read much about arsenic in solution ; arsenic is not corrosive, it is
 irritant;  in my opinion it might cause erosion;  probable and  possible
 in my opinion ;  [Whart. & St., vol. 2, p. 391, is read to the witness] ar-
 senic is usually described as that (?. e. irritant, not corrosive); it acts
 as escharotic externally;  I  don't see why  it  should not  internally
 under certain  conditions ;  [Taylor's Med.  Jur., p. 102, is read] yes,
 entirely possible that inflammation may result from a A^arietyof causes!
 I saAv no ulcers on the stomach ; perforation  is generally the  result  of
 a corrosive poison ; in my opinion there  are never  bloody  stools in
 cholera morbus.
   Q.—Dr. Seem said he had known it to  be so; do you think he could
 have been correct in  that assertion ?
   A.—I think not.
   Wood's "Practice  of Medicine" is a little out of  date.  It is safe.  I
 never read  the  Avork.    Dr.  Wood had an  extensive  observation.
 Cholera morbus  has long been well knoAvn.  [Wood's Prac. of Med '
 p. 710, is read.]   I do not agree Avith that.
   The witness  Avished to explain Avhy he did not agree.  Mr. Fox said
 the Avitness had the right to explain.  Mr. Kirkpatrick said  the wit-
 ness must  give an ansAver  to the question  and nothing besides.  The
 Court did not permit  an  explanation,  but said the commonwealth
 might call out  the explanation on the re-examination.
   Dr. McIntire (continued).—Diagnosis is a matter of genius. Other
 things being equal experience is better than mere  reading.  In  some
 cases arsenical poison can be distinguished from  cholera morbus and
 in some cases it cannot.  Commenced my  experiments on the stomach
 of Martin  Laros a couple of Aveeks ago.  I began  on  the  solution of
 the stomach  with Reinsch's test.   It took fifteen minutes  to obtain  a
 coating on the copper, Avashing it, then   drying  it  over night.  The
strip of copper Avas one-third  of an inch by two inches, very thin.  The
first and second strips Avere coated, the third Avas not.  This  Avas one-
half of the solution.   Violet tinge on the strip and some organic  mat-
ter.  The coating on  copper  was decided.   I  can't say very decided.
I kept the  solution boiling Avhile I introduced  the  copper—ten or fif-
teen minutes on first strip,  about  the same time on other.  The coat- 
58
ingAvas of an  ordinary appearance.  Some organic matter and the
arsenic. [Whar. & St., Vol. 2, p. 382, is read.]  No, sir;  no mdee,
do  not agree with  that.  It  makes  no difference in heinsch s test,
"Not by a big lot."   It is a matter of very little consequence whether
organic matter is excluded or not.  The method suggested m the pas-
sage you have read, to exclude the organic matter,  would  drive ott a
large part of the arsenic.  I place no reliance upon the appearance  ot
the copper.  If the coated copper was all  I saw I could base no  opin-
ion upon it.   Plave experimented before this for minute  quantities  of
arsenic in organic matter.  It is impossible for me  to  make  any esti-
mate of the amount of arsenic on the copper from the looks of it, nor
how much organic matter Avas  present, nor  hoAV  it affected the color.
Crystals of arsenic cannot be seen with  the naked eye.
  All the results of analysis of whole stomach are  contained in those
six tubes and on those two pieces of copper.  In none can the crystals of
arsenic be seen with the naked eye.  Did not count the crystals.  Ex-
amined them first Avith glass of 100 diameters, afterward with one  of
200 diameters.  Did not accurately determine  the whole  amount  of
crystals of  arsenic found.  I approximated.   Not over one five-thou-
sandth part of a grain and not under one fifty-thousandth part.  I in-
clude all the crystals in this estimate.   I will not say from the amount
of arsenic  found by me in the chemical analysis of the  stomach that
the deceased came to  his death by arsenic.  Certainly not.  I only
say that  I  found  arsenic,  but not that he came to his death by  it.
[Taylor's Med. Juris., p.  155, is read to the  witness.]  I agree with
that statement.
   I have a microscope of 100 diameters, on which I do not place much
reliance. Have been accustomed to examine crystals in chemical anal-
ysis with a microscope since 1869.  The difficulty is exceedingly great
to determine the form of minute crystals.   A great  many  substances
have octahedral crystals.  I did not  undertake  this analysis for the
purpose of finding arsenic.  I  used the tests that were only appropri-
ate for that.  Was told that arsenic was  suspected.   I stopped with
Reinsch's test, used  no other.   Did not  go  farther.  For other sub-
stances other tests would have  been appropriate.   Absorption  would
have carried arsenic to all parts of the system and would go directly
to the liver.
   I have been at the table assisting the counsel for the commonwealth
in  the examination of  Avitnesses.  Suggesting questions.   I wras em-
ployed as chemical expert.   I include the duties  of chemical counsel
with those of chemical expert.   Prof.  Reese is my authority ; he says
it is  very proper.   I deem it  ray duty to assist the attorneys at the
table in the trial  of the cause.    What  I have done  I consider it my
duty  to do so.
   By Mr. Fox—I stayed at the table at your  request.  Reinsch's test
would not  be  an appropriate  test for organic substances.   In Asiatic
cholera or cholera morbus Avould not expect in the nature  of the dis-
ease bloody discharges.
   By the Court—Norn of the arsenic could have escaped in the steam
bath.                                             r 
59
  By Mr. Fox—Arsenic existed in the stomach ; there was none in my
materials or apparatus.
  Mr. Kirkpatrick—[Reads p. 97 Reese's-Taylor's Med. Jur.  to Avit-
ness.]  I agree that we can from the symptoms  only infer the proba-
bility of a poison.

                  Tuesday Morning, August 22.
  Dr. Traill Green, sworn.—Examined by Mr. Fox—Am a practic-
ing physician.   In the forty-second year of my practice,  Have been
professor of chemistry in Lafayette  College thirty-nine  years.   Have
made frequent  experiments to  detect  the presence of poison in sub-
stances.  Know Dr. Mclntire.   Was a  pupil of mine and afterward
an assistant.  He studied medicine with me.
  Q.—Is Dr. Mclntire to  your  knowledge learned in the science of
chemistry  and  qualified  to make an  analysis quantitative or quali-
tative ?
  Mr. Kirkpatrick—Objacted.   1st, Because it calls for an opinion  or
statement from the Avitness as to the claims of another Avitness to credi-
bility.
  2.  It calls for an opinion from the Avitness, which is not properly
within the province of an expert, but  which belongs to the jury.
  3.  It is incompetent and irrelevant.
  Objection overruled.  Defendant takes  an exception.
  Witness ansAvered :—Highly competent by education  and continued
practice for several years.   I heard the testimony of Dr.  Mclntire in
court in this case and saAv the results  of the analysis Avhich he pro-
duced.   The  methods he adopted  to detect  arsenic were   correct
methods.
  Q.—Were the tests he adopted to prove the correctness of the results
of his experiments correct also ?
  Mr. Kirkpatrick—Objected because incompetent and irrelevant.
  Objection overruled.  Defendant takes an exception.
  Witness ansAvered :—They were.   Some of the  results  might have
been produced  by  two or three substances.   When those secondary
tests are applied to verify the presence of arsenic they most  certainly
prove its exactness if it is there.  I heard the testimony of Mr. Da\dd-
son  in this case.
  Q.—State Avhether  or not the  methods Avhich  he  stated  that he
adopted  to ascertain the existence  of arsenic  and the  tests which he
applied were scientifically  correct ?
  Objected to because incompetent and irrelevant.
  Objection overruled.  Defendant takes an exception. -
  A—They were scientifically correct.   When arsenic is taken in a
hot  solution it Avould  be more readily absorbed into the  system  than in
powder or cold solution.   If after taking   a  hot solution  the patient
should be seized Avith violent vomiting and purging and should die in
sixteen or eighteen hours,  cases frequently have occurred where not  a
trace of  arsenic was found in the body.   Have knowledge of the  case
of Chapman, of Bucks county, who was poisoned  by Mina,  a Span-
iard, at Doylestown.   The amount of arsenic in that case was a de- 
GO
 posit obtained in a tube by Dr. Mitchell.   In attempting  to heat it
 the tube broke.  He obtained  the  garlicky  smell of arsenic at tn.u
 moment,  He never got anything more in the way of evidence.   m<
 quantity got must have been small.   I have  attended many  cases o.
 cholera morbus.  Have attended cases of Asiatic cholera.  More tnan
 the average number, I  think.  I Avas physician  of the hospital estab-
 lished  in Easton during the presence  of  the  epidemic.   1 never saw
 bloody discharges in either of  these diseases.   I  think  there are no
 such in Asiatic cholera or cholera morbus.  The  latter disease would
 be the less likely to show such a symptom.
  (> —If you were called  to see a patient apparently in full  health at
 I he  time *he sat down to the supper table, and who Avas seized soon
 after partaking of the meal with vomiting, folloAved by purging, which
 finally became mucous  streaked with blood, great  depression of the sys-
 tem, low pulse and a cold  and  clammy skin, griping  pain  in  the  epi-
 gastric region ;  that six other persons of the  same family Avere seized
 at the same time after partaking of the same  meal Avith similar symp-
 toms more or less violent, and that some of them spoke of the  coffee  as
 having a peppery taste, as having left a burning feeling  upon  the lips
 and in the throat;  that one of those persons got sick and died in about
 twelve hours,  another in about eighteen hours and a third in from
 thirty-eight to forty hours, what would you conclude  was the  cause  of
 their death ?
  Mr.  Kirkpatrick—Objected to by the defendant for the reasons—
  1. That the hypothetical question assumes a state of facts not corre-
sponding to the evidence presented by the commonwealth.
  2. That it assumes facts to  which no  testimony has been given on
the  part of the commonwealth.
  3. That the hypothetical question calls  for an opinion and inferences
which  are  not Avithin the province of an expert and which  properly
belongs to the jury.
  4. That the  question proposed  calls for an opinion and inferences
from symptoms of other persons than the case of the person, the cause
of whose death is the subject matter of this issue.
  5. That the testimony proposed to be given is incompetent and irrel-
 evant.
  Objection overruled.   Exception taken.
  Witness answered:—It is a physician's  business to find out Avhat Avas
 the matter.  I Avould have wanted to look in  the coffee pot.   I should
 say poison.  That poison most likely to produce those effects would be
 an irritant poison.   Arsenic will  produce  the  symptoms mentioned ;
 other  things might.   I  don't think of  anything else, but my mind
 Avould  be directed to arsenic because that  is the article most commonly
 used.  If the post mortem  revealed an  erosion of the lining of the
 esophagus I should decide that it Avas caused by  something which in
 passing through had got lodged there,  or by  an  irritant.   Cholera
 morbus and Asiatic cholera would not in my opinion produce erosion
 of the {esophagus in.that short time—sixteen  or  eighteen hours ;  nor
 perforation of the intestines.  The action  of arsenic on such a mucous
 membrane as lines the  oesophagus Avould  he  irritation,  injection  in- 
61
 flammation, then the results of inflammation,  viz.:—softening, darken-
 ing and if long continued ulceration.  Heard the testimony of Drs.
 Field and Mclntire.   Added to the symptoms ante mortem their  re-
 sults  confirmed  me  in  the  opinion that death  ensued from arsenical
 poison.   In my opinion arsenic applied  to a  membrane such  as  de-
 scribed would from continued application  cause  softening after some
 time.   It might be a post  mortem  change.  Applied to the skin it
 causes erosion.    It  is often used by cancer  doctors to eat out the
 cancer.   The action of arsenic on the lips or tongue is very much like
 the sensation produced by pepper.   I speak from personal experiment
 made yesterday.   The sensation  continues several hours.  I felt  it this
 morning yet Avhen I placed my tongue against my teeth.  As though
 the part had been irritated.   I  looked  at  the tubes, supposed to con-
 tain  crystals  of arsenic  obtained by Dr. Mclntire, under the micro-
 scope.  They Avere arsenic crystals.   I  looked at the tube which con-
 tained crystals from the analysis  of the stomach.   They  were arsenic.
 Could not possibly be anything else obtained in that Avay.
    Cross-examined by Mr.  Kirkpatrick—In  the case of a stranger it is
 possible from the symptoms alone to do more than infer the probability
 of a poison.  Taylor is recognized as an authority on poisoning.  Prof.
 Reese the editor, I am not  very familiar Avith.  [Taylor's Med. Jur.,
 p.  87 is read to Avitness.]   I don't accept that.  I say that it is pos-
 sible from the symptoms alone, Avithout reference to anything else, to
 determine that a person died from poisoning.  I don't accept Taylor's
 authority that poisoning  cannot be detected by  the  symptoms  alone.
 I  must know the history  of the case, Avhat he  has eaten, &c.  As a
 physician I must know the  history.   I think poisoning  can be. diag-
 nosed  by  symptoms alone.   [Whart. & St.  Med.  Jur. vol. 2, p.  285 is
 read.]  I do not  agree Avith that.  My reason  is  that toxicologists are
 only  satisfied Avith a  chemical analysis,  they rely on chemistry too
 much, but a physician is more easily satisfied, he may judge from the
 symptoms.  From  the symptoms described, folloAved by the death of
 the patient so  soon,  I should decide poison, and nothing else, as the
 cause.  From the symptoms alone I would say he died from poison-
 ing.   Without the burning sensation I Avould say he might have died
 from   poison.   [Wharton  &  Stille,  volume  2,  page 295, is read.]
 I  agree  with  that;  that it is  improbable  perforation  Avould  occur
 from  the arsenic.   Chronic disease may cause perforation.  When
 it  occurs after slight disease  the perforation  is  a  post  mortem
 change.    [Taylor page   105  is   read.]    Yes,  perforation  may
 happen  Avhen  not  manifested  by  external symptoms.   It  may
 be  caused  by  poison or disease.   A  variety of  diseases may
 produce  the red  post mortem appearance of the stomach.  Cholera
 morbus may produce death  in 24 hours or less.  Simply  from  the ap-
 pearance of the stomach I could not tell anything about  the cause  of
 death.  I must  knoAV when he  died and Avhat the symptons were in
 addition to the post mortem appearance of stomach to tell the cause of
 death.  I Avould not base an opinion upon the mere fact that less than
one one-thousandth part of a grain of arsenic was found in a dead  body.
Not Avithout something else.  I must knoAV the symptoms.  [Taylor's 
62
Med. Jur. p. 155 is read.]   I don't agree with that.  If I found  only
one crystal I Avould give chemical evidence to that fact, but  woum say
nothing as to the cause of death upon that alone.   In the Mrs. Chap-
man case I heard Dr.  Mitchell relate that  he got the  garlicky smell.
My recollection of that case  is  only from  having a conversation AVitn
Dr. Mitchell.  Don't  remember that  he said there was not sufficient
arsenic to cause death.   In the Wharton case, there was a difference
of opinion as to the presence of poison.  If Mr. Davidson did not test
all  his re-agents, it is  not  proper to depend upon the result of his
analysis.   The fact of his getting large precipitates  is strong evidence
of the presence of more arsenic  than the re-agents could contain.
  By Mr. Fox—I bought the chemicals for Pardee Hall myself and I
know all about  them.   They are pure. In the  Wharton  case  the
alleged poison Avas antimony,
  By Mr. Kirkpatrick—I don't knoAV Prof. McCulloch.
  Dr. McIntyre recalled  by Mr. Fox—[Shows  the wrapper taken
from the jar.]—That is what is left  of the wrapper taken  from the jar
containing the stomach of Martin Laros.  There is his name, "Martin
Laros."
  By Mr.  Kirkpatrick—It  is  a matter of  small  consequence  in
Reinsch's test whether organic  matter  is  present.   The color of the
deposit  on the copper might  be  wholly  caused by organic matter.
Nothing else, only arsenic Avould produce such crystals.   Codeia is an
alkaloid contained in opium.  Codeia if deposited  on the copper and
gently heated would not produce crystals.  It would be destroyed, or
if not, would  not be  deposited in the place Avhere the arsenic was
formed.  I knoAV it will form into octahedral crystals.  I am not cer-
tain that it sublimes.   We have not codeia, as codeia, in  tincture of
opium, it is  in  chemical combination there.  It  would not deposit as
codeia on the copper if it would be deposited there at all, it would lose
its identity.  After washing as I did, even if the codeia crystals had
remained in that solution and adhered  to the copper, they would not
be found.   I have never experimented with codeia.
  Dr. Green, recalled.—By Mr. Fox—I have never found an author-
ity  for the statement that there are bloody stools in cholera morbus.
[The witness here  reads  a passage  from  Wood's  Prac. of Med., the
same passage word for word that Mr. Kirkpatrick had read.]  By the
word discharges Wood means in this place  discharges from the stom-
ach, not from the bowels.  The punctuation requires  that  interpreta-
tion.  Any English reader would read it so.
  By Mr. Kirkpatrick—Discharges generally means from the bowels.
It may mean either from the stomach or from the bowels.
  Henry S. Carey, recalled.—By Mr. Fox—[Looks  at' the wrapper
of the jar which Dr. Mclntire had produced.]  That is not my hand-
writing on the label.  I should not take it to be Dr. Field's writing.
  Emmeline Sandt, sworn.—Examined by Mr. Fox—Was at Martin
Laros' on the night the family were sick.   I brought the coffee pot
from the Avash house to the main building and put it on the cupboard
Somebody told  me to do it so nobody would drink out  of  it.  It was
before Dr. Seem came, between seven  and eight in the evening.  I was 
63
 helping the sick.  Doctor asked for it when he came.  Allen  did  not
 say anything about it.  He lighted the light so I could get h, out of
 the wash  house.  [Coffee pot shoAvn to the witness.]  This looks like
 the coffee pot.   Mrs. Seem took it and set it in the sink.   When I got
 it there Avas coffee in it to the depth of three inches.  The coffee looked
 all right to me.
   Cross-examined  by  Mr.  Scott—Got  there  between   seven  and
 eight o'clock.  Had been there about three-quarters of an hour before
 I got the coffee pot.   Mrs.  Kichline  and  three  or four others were
 there when I came.   The sick were all  in the house before I went into
 the Avash  house to get  the coffee pot.  By that time  the place was full.
 When  I came in  I  put it  on the cupboard in the kitchen.   People
 were passing in and  out.  I didn't see the pot after I got  it from  the
 wash house until Dr. Seem came.   After  Dr. Seem got it I don't re-
 member Avhere he put it.  Mrs. Seem took the coffee pot off the cup-
 board and put it in the sink.  I suppose  it  sat in  the sink all night.
 Some of the people stayed all night.  The  coffee  in the pot was  not
 poured off that night.   The pot didn't look rusty then.
   Dr. McIntire, recalled.—The ceffee pot Avas exposed  to the fumes
 in the laboratory, Avhich took off the tin.  It was not so  rusty  when I
 first took it.
   Dr. C. A. Voorhies, sworn.
   Mr. Scott—If Your Honor please, we ask that this witness  may be
 instructed that he has the right to  refuse to ansAver  such questions as
 will crimininate him.  If he answers these questions after warning, his
 testimony may be given in evidence against him upon prosecution under
 the statute [Purdon's Dig. vol. 1, p. 335 pi. 100] and although he has
 given, previously, his testimony before the Coroner  upon promise of
 immunity  by the District  Attorney, that  evidence cannot be used
 against him upon an indictment.   The  only  way in which the Com-
 monwealth  can compel his  answers now,  is by  tender of pardon.
 Whaiton Crim. Law, vol. 1, §805.
   Mr. Fox—The defendant has no right to interpose an objection.
   Mr. Scott—We have  a right; and we noAV ask the Court to instruct
 the witness.
   The Court—Go on with your questions Mr. Fox ; the Avitness doubt-
 less understands his privilege.
   Mr.  Fox proceeds to examine the  witness—In the latter part  of May
 last I had a drug store.  On May  29  or 30 I sold white arsenic to a
 person ; to the defendant, Allen Laros.  Sold him  about  four and a
 half ounces.  He  came in  and asked for rat poison.  I detailed the
different proprietary  articles  to  him.  He didn't  seem  disposed to
choose.  I suggested arsenic as sometimes given for that purpose.  He
called for ten cents' worth.   I weighed him an ounce.  While weigh-
ing it he said I should  make it twenty-five cents' worth.  Before I had
it wrapped up he told me  I should make it fifty cents' worth.   I
wrapped it up in a double paper in one package.  Wrote on the paper
"Arsenic—poison for rats."  He gave me a $5 bill.  I  was alone in
the store at that time and  couldn't make  the change.  He bought a
bottle of tooth powder and asked me to prescribe for him, which I did. 
64
 For an eruption on his face.  I then made the change and he left the-
 store.   I discovered after a moment that I had not given  him change
 enough.  I went to the door and called  him  back and gave him the
 dollar which was yet due.   This was on May 29 or 30, I don t know
 which.                                                         T
   Cross-examined by Mr. Scott—It was either Monday or Tuesday.  It
 Avas not Wednesday.  I may have said before the Coroner that it was
 Monday, Tuesday or Wednesday.   I fixed the date  afterwards more
 definitely ; not the day of the week.  I fixed the date by  reference  to
 memoranda I  had.   I  fixed  the  date when I heard of the circum-
 stances.  Toward the latter part of the week.   Heard of  the circum-
 stances before Saturday.  Was examined before the Coroner on Satur-
 day.  If I mentioned Monday, Tuesday or Wednesday I have no rec-
 ollection to that effect.   I have the dates  in  the memorandum book
 that I kept at the store.  Saw  the  memoranda last  some tAVO Aveeks
 ago, before  and  after the Coroner's inquest.  I had sold out my busi-
 ness.  We Avere taking account of stock.   We  kept account of what
 had been sold after having begun  to take the  inventory.  This Avas
 one of the articles.  The dates are usually put down.  The date of this
 is not in the book.  I can fix the date to  one of those two—29th or
 30th—partly by the memoranda.  I remember the circumstance dis-
 tinctly.   I am positive, from a  better examination  since made, that  it
 Avas  on  Monday or Tuesday.   He  came  there  about four o'clock,
 maybe half an hour later, possibly, but not probably,  earlier.   I  was
 alone in the store.  He a-ked for rat poison first, as soon  as  he came
 in.  He Avas there probably twenty minutes.  I think  he suggested  a
 powder.  He stood  by  the counter  and  Avatched me weighing the
 arsenic.   I think he did not ask for  anything  else until  I  found  I
 could not make the change.  After  taking the tooth powder he asked
 me to prescribe  for the eruption on his face.  Am not  certain he  was
not looking around.   Don't remember that he  was looking in the show
case.  I think the change laid on the counter.   I don't remember avIio
 held the 85 bill Avhile  the  negotiations Avere pending concerning the
 change.  After he went out he Avas going tOAvard Centre square.  He
 was distant when I got to the door twenty-five yards.   Hardly as far
 as the end of the Court House.  Called  him  only  once before he
 turned.   Don't  remember what I called  to him.  I think I returned
 and gave the  deficit of change  on the  shoAV case.   His purchase
 amounted to $1.25, I think, or  $1.50.   I counted out the change in
 the ordinary way.  Don't recollect  that he counted  it.  I think he
 passed out almost immediately.   I had given him a dollar too little. I
 gave that to him in quarters.  When he told me about the eruption he
 told it properly.   I had never seen him before.  SaAv him again on the
 folloAving Saturday with Dr. Seem.   At his house in bed.  Partially
 undressed, I think.  I think he Avas lying on his right side.  The  first
 time I entered his room I Avas in probably twenty-five  minutes.   Saw
him again before I was examined by the Coroner.   Had difficulty to
recognize him the first time.  The first time I saw him I was not posi-
tive it was the same man.  The second time I don't remember how he
was lying.  The second time I was in his room probably three-quarters: 
65
 of an hour.   It was about supper time.  When I saw him in my store
 there Avas nothing to call my attention to him.  He didn't express any
 surprise Avhen I called him back to give him the change.  I think he
 thanked  me and Avalked off.  Didn't seem  nervous Avhen in the store,
 nor in a hurry.  Do not recall any backwardness in asking or answer-
 ing questions.  May have said he Avas nervous when I was before the
 Coroner.  Have no recollection uoav if he was nervous or not.  Don't
 knoAV that I would undertake  to recognize every stranger Avho came
 into  my drug store that  Aveek.   Did not examine him the second time.
 He looked Avhen I saw him in bed as he did in my  store.   I recognize
 him  because he became identified Avith the purchases.  Those purchases
 had  nothing to do with my identification of him  at first.   Was not
 identified  Avith purchases  wholly by  my  testimony.   There was no
 evidence for me but eyesight.  The purchase  of articles was fixed by
 my testimony.
   By Mr. Fox—I do believe the prisoner now as I look at him to be
 the  man  that purchased  the  arsenic.  [A bottle labelled "Brown's
 Camphorated  Saponaceous Dentrifrice"  is shown to the witness.]  He
 bought this at my store or one like it,
   Q.—State Avhether or  not the prisoner at the  Coroner's  inquest on
 the third day of June  admitted to you or in your presence that he  had
 purchased such a bottle of tooth powder from you or from a drug store
 in Third street, Easton, opposite the United States Hotel?
  - Mr. Scott—Objected to by the defendant—
   1.  Because it does not appear that this particular article was pur-
 chased of the witness.
   2.  That the  Commonwealth have  not shoAvn  affirmatively that no
 inducements Avere held out to the prisoner by  the Coroner or by any
 person in the presence of the Coroner to make such admission.
   3.   That the evidence is in-admissible until the prisoner has had the
 opportunity to examine the Coroner or any other officer in authority
 at the inquest as to Avhether any inducements were held out by him or
 them in their  presence.
   4.  That  the  admission purporting to have been made  at  the
 inquest before the Coroner, a committing magistrate,  does  not appear
 to have been voluntary or not under oath.

                Tuesday Afternoon, August 22.

   Judge Meyers said:—We will not take the answer of the witness to
 the question now.  The defendant may first examine this witness and
 other Avitnesses as to the  circumstances  of  this admission.   For this
 purpose the objection is sustained. After  the  preliminary testimony
 as to the circumstances of the admission has been given  Ave will hear
 further argument.
  Dr. Voorhies—Examined by Mr. Scott—The prisoner had been put
 under oath and  examined before  I  was  examined.   I don't know
 Avhether these admissions were made in answer  to  questions asked by
the Coroner or  District Attorney,  probably by both.  It Avas on his ex-
amination that his answers to me  Avere  made.   This Avas  after I had
seen the prisoner in his room.  Mr. Carey sent  for me to come to the 
66
inquest.  Can't sav if he was suspected at the time or not;  quite piob-
ably he was.   I was told by Carey that he was suspected.
  Mr. Carey, recalled.—Examined by Mr.  Scott-l did not send tor
Dr  Voorhies; I Avent personally  for him and brought him up, uie
examination of Laros Avas held in his room; he  Avas  sitting  up on  a
chair, near the  bed, with his feet on the bed, when the jury went in ;
he  was examined after Dr.  Voorhies had seen him the first time,  l
administered to him the oath.
  By Mr. Fox—He was sworn previous to the production of the bottle
of dentrifice.
  The other points of the objection Avere then taken up.
  Mr. Scott argued that as the statement Avas made under oath before
a Coroner it Avas not a purely  voluntary statement.  The authorities all
say this.   This appears the more evident here in this case because the
Coroner's jury  adjourned to the  prisoner's  room to get his testimony
Avhile he was under suspicion.   They used their power to get evidence
to criminate him, and from the defendant himself while under suspi-
cion,  and put under oath for this  very purpose ; a most unwarranted
proceeding.  He cited:—Com. v. Harman, 4 Barr 269 ; Greenleaf Ev.
vol. 1 sec. 226 ;  Rex v.  Owen,  9 C. & P. 238 ; Rex v. Dewis, 6 C. & P.
161;  Rex v. Davis, 6 C. & P.  177 ; Tubby's case, 5  C. & P. 530 ; Ben-
nett & Heard, vol. 2,  p.  604; 2  C.  & K. 474 ;  TJ. S. v.  Prescott, 1,
Green Crim. L. Rep. 439.
  Mr. Fox argued that the principle that excluded evidence of  a pris-
oner is that he may not have told the truth, and from the  authorities,
that voluntary confessions are the highest evidence of crime.  The
offer is not to prove the confession of crime, but a collateral fact
 He  cited :—2 Russ. on Cr., star page 824 and note on page 826 ;
Whart. C. L.,  vol.  1,  §§683, 685, 686, 687, 689, 690 and the cases
there referred to; Greenl. Ev. §231; Com. v.----,9 Pick, 526.
  Mr. Kirkpatrick argued that the  prisoner's examination  took place
with the purpose of finding out Avhether  the prisoner  was the guilty
person.  It would be the same as if the Court Avould put the prisoner
on the stand and drag out of him the facts that would criminate  him.
It is not to be expected that the statement under all the circumstances
of this case can  be considered  as  a voluntary statement.  There is  a
difference between a vague inquiry by  a coroner's jury and  an  inquest
like this directed against a particular man ;  and conducted with special
reference to his guilt or innocence.   This question as put by the Com-
monwealth is simply an attempt  to get in all  this evidence in viola-
tion of the rights of the prisoner.
  The Court—We  will  hold this for the present under advisement.
Mr. Fox you may call Avitnesses on another branch of the case.
  Dr. McIntire, recalled.—By Mr. Fox.—Codeia would be dissipated
by the steam bath; if not, the  action of the acid would have changed  it
into a compound, hydro-chlorate of codeine  ; the crystalline forms of
this compound are not like those  of arsenic; they are short, square
prisms terminated with double basal pinacoids.
  By Mr. Kirkpatrick—The crystalline forms of the  compound are
very complex and could not give the octahedral form ;  I have exam- 
67
 jned this subject since this morning;  it depends on the light, the Avay
 it falls on the crystal Avhether we can  determine the  form; the sub-
 stance was on the steam bath two or three days; I did not make any
 tests for any of the alkaloids; one ofthe forms of this alkaloid is octa-
 hedral ; codeia would not deposit on copper; it could not remain there
 in a mechanical way, as it would be dissolved by the boiling in ether.
   Mr. Fox—We offer in evidence the vials  containing the  results  of
 Dr. Mclntire's  experiments.
   Dr. Voorhies, recalled.—By  Mr. Scott—When the prisoner  came
 to my store he did not bring a  physician's prescription.  He did not
 give his name;  I did not ask it, and so I made no registry.
   Gilbert Manson (colored), SAvorn.—Examined by Mr Fox—Plave
 charge of  the  stables of  Mr.   Hemingway; on the 1st of June Mr.
 Carey had  a carriage; after Mr. Carey came back we let the carriage
 to Mr. Martin;  [Mr.  Martin  is identified by witness] : the carriage
 stood in the shed for half an hour before Mr. Martin took it; nothing
 Avas disturbed as I saAv.
   Cross-examined by Mr. Scott—Mr. Carey returned about six o'clock ;
 when Mr. Carey came down from Laros' the carriage was pulled under
 the shed ; a man by the name of Thomas Johnson helps me around the
 stable ; he Avas  there before Mr.  Carey came back ; this stable is in an
 alley where there are a good many  children;  they don't go into the
 shed ;  I  was not there  all the time until Mr. Carey came; I never
 leave the stable more  than  ten or fifteen minutes at a time; Avhile he
 (Thomas  Johnson) put away the horse I Avas not at the stable ; Thomas
 and Mr. HemingAvay helped gear up the carriage for Mr. Martin ;  I
 was coming up the alley;  nobody went off with Mr.  Martin  ; he came
 back  something after ten  o'clock;  don't  think anybody came back
 with him; Carey was there  when Mr. Martin came back.
   Uriah  Martin, sworn.—Examined by Mr. Fox—I got  a carriage
 at Mr. HemingAvay's on the  evening  of the  1st of June; went up to
 Martin Laros';  my wife was with me; did not know until after I  got
 back that there was a coffee  pot there under the seat; Mr. Carey  got
 the coffee  pot  out from under the seat when  we came back.
   Cross-examined by Mr. Scott—We stopped  at  Kichline's  ; my  wife
 and  I got out; we Avere up there about two hours; the horse stood in
 front of the hotel; there were a good many people about; Ave got there
 about seven o'clock, dusk, and it Avas dark before we started  back.
   Francis Bonscher, sworn.—Examined by Mr. Fox—I knoAV Allen
 Laros; tAvo  or  three days  before the death of his father I came to
 Easton with him;  I  live  next to the Schirnertown school house; Ave
 walked down together ; I left him at  Dr.  Vanderveer's corner;  this
 was on Monday ; I didn't see him aftenvards  that day ; this was be-
 tween four and five o'clock.
   Cross-examined by Mr. Scott—Have  often  seen  Allen go  down the
 road  to Easton  in  the  afternoon after school; it is two miles from
 Easton.
   Samuel Sandt, Jr., sworn on his voir dire.—Examined by Mr. Fox—
On the day of Allen Laros' arrest I had a conversation with him ; on
Saturday,  after his arrest in  his father's house, where he was. 
6S
    Cross-examined by Mr. Scott—I was a member of the Coroner a jury ;
 the Coroner's jury had found a verdict and separated ; the members ot
 the jury may have been around the house ; they were not in the room ;
 in the room were Capt. William  Bitters, George Schooley and myself;
 Allen had been arrested  a short time before;  Avas arrested by Capt.
 Bitters: Bitters read the Avarrant to him ;  don't knoAV it he Avas a dep-
 uty ; Schooley Avas iu at the same time ; [George  Schooley,  constable
 of the First ward, Easton.—Ed.'] ; 'Squire  Hildebrand,  I think,  Avas
 also in at the time of the arrest;  the 'Squire made out the Avarrant in
 the tavern in  the Coroner's jury room;  can't  say hoAV many in room
 when  warrant was read ; a good many;  maybe a dozen  or so, more
 or less ; think Coroner Carey Avas present at time of arrest; can't  rec-
 ollect any of the Coroners  jury  but  me being  present when Avarrant
 Avas read ;  I told  the people all to get out of the room, but one  or  two
 men to stay if they pleased ;  the constable  Avas in,  I  suppose  to  Avatch
 him ; it Avas Bitters was in; don't know that he had  been directed  by
 the Coroner or the Coroner's jury  to watch him, or by the District At-
 torney ; the two men Avho remained were Schooley and Bitters; after
 they  Avent  out  the door  Avas shut and locked ; was locked by either
 Schooley or Bitters ; don't knoAV the kind  of fastening; Allen  Laros
 Avas then in bed ;  I told him  he  had  better  confess if he Avas guilty;
 Bitters and Schooley were by ; Schooley had a rope there about six or
 seven feet long ; think he got it in the shed ; from a wagon ; Schooley
 did not threaten to tie him ; did not at any time threaten  to tie him
 that I can recollect; rope  laid on bed ;  can't say  Avho put it  there;
 don't know if Schooley  got  it in  his  hand;  don't know if Schooley
 brought the rope in; was in when I got in ; I  saw it lie on the bed
 after the people had gone out; didn't see it until then ;  when I told
 Laros that he had better confess I think Schooley said also  that  it he
 Avas guilty he had better  confess;  can't  recollect that  Schooley said,
 "Come, noAv, you had better confess and tell all you know about it;"
Allen had already  denied that  he  Avas guilty, and that he did not
know anything about it; I think Schooley said if he wouldn't confess
he would take him off right away to jail ; don't knoAV that  he said he
Avould  tie him; think Bitters also said he had  better confess ;  Allen
had  before  this been examined before the  inquest;  Allen  was sitting
on the bed ; sitting up in bed.
  By Mr. Fox—1 asked him if he was guilty; he said  he wasn't; he .
denied it;  I told him he had good  parents,  and  Christian  parents, I
 believed; I told him I believed they died as Christians; I told him' if
 ever he Avanted to meet them  again he should make a  confession and
 repent and then he might again at one time meet his parents; when I
 said that, he looked up and said—
  Mr. Fox—Don't tell what he said.
   Witness continues—1 didn't say to him that it  Avould be  better for
 him to confess; have stated just exactly what was said by the rest  of
 us as near as I can remember; Bitters said  nothing until after  Laros
 had ansAvered me ; Mr. Schooley did not say anything then; none but
 me at the time ; what Schooley said about taking him to  jail  wa« «aid
 after Laros had ansAvered me. 
69
   By Mr. Scott—The answer Allen made to me before Avas that he Avas
 not guilty ; just before this last conA7ersation I told him he should confess
 if he Avas guilty ; did not say he had better confess  if  he  was guilty ;
 can't recollect if Schooley said he Avould take him to jail before or after
 Laros made the ansAvers to me ; it was a little  while after I  told  him
 to confess that Schooley told him about taking him to jail;  can't say
 if Bitters or Schooley spoke first after me; think Bitters said nothing
 to Laros until after Laros had replied  to my question ; I think Bitters
 spoke a few Avords in, Avhen I spoke to him.
   Q.—Did Schooley tell him that if he did not confess he would  take
 him to the Easton jail right aAvay—before he made the confession ?
   A.—I think he did.
   Bitters had spoken before Schooley, I think.
   By Mr. Fox—As soon as I told him about his parents,  &c, Laros
 made a short ansAver; I think  Schooley said he Avould take him to the
 Easton jail before he made that short answer.
   William Bitters, called.
   Mr. Scott—Will  you make your proposition in writing, Mr. Fox?
   Mr. Fox—The Commomvealth calls William Bitters to give testi-
 mony for the information of the Court as to the propriety of admitting
 in evidence the confession of the prisoner, made in the  presence of the
 Avitness, and Samuel Sandt, Jr., and George Schooley.
   Mr. Scott—The defendant objects to the admission of the testimony
 because  the Commonwealth has elected to try the  competency of the
 alleged confession by Samuel Sandt, Jr., to Avhom  the alleged confes-
 sion was made and Avho Avas SAvorn upon his voir dire for that purpose,
 and that it cannot be established aliunde ; and because the  Common-
 wealth, having offered the witness,  Samuel Sandt,  Jr., to prove  the
 alleged confession, and he having stated  in his  examination before the
 Court such facts as render said confession  and  his  testimony relating
 thereto  inadmissable,  the Commonwealth are bound by his answers
 and cannot contradict him.
   The Court—Objection  overruled.   Exception taken.
   Capt. Bitters is SAvorn on his voir dire.—Examined by  Mr. Fox—I
 Avas at Martin Laros' house on  Saturday, June  3 ; I was present in the
 room Avith  Samuel Sandt  and  George Schooley  Avhen Allen Laros
 made a statement;  Mr. Sandt spoke first and told Allen Laros that he
 knew his father and mother to  be good Christians and that he was sat-
 isfied that  they had  gone to heaven, and that if he wished to meet
 them again he should make his confession before men and repent; then
 Laros asked a question ;  he did this immediately Avhen  Sandt spoke ;
 he said, "Will you pray for me ?" Sandt  said  he  Avould ; I  said  we
 would;  Schooley said Ave would, and I supplemented it by  adding that
 the Avorld at large would  pray for him ; I then said  that  if any man
 needed the prayers of God's people he did [and  I say so yet].
  The Court ruled out the part of the answer in brackets.
  Nothing else Avas said until he made  a statement, to the best of  my
recollection; I don't remember that Schooley  said  anything  more to
Laros before he made the statement; he made the statement in a few 
70
moments after the talk about the praying; during those  few minutes
all were silent.                                               f
  By Mr. Scott -Don't recollect what Sandt said to him about confess-
ing ; I was engaged in other things about the room ; I heard all that
was said, but paid  no great, particular  attention ; conversation Avas
partly in English,  partly in German; I understand German; 1 Avas
engaged in other business ;  Sandt might have said it;_ Schooley was
engaged  in  another part  of the room in the same business  I was at ;
Schooley and I were both about the same distance from Sandt; Laros
was sitting on a chair close to the head of the bed ; the  prisoner Avas
on the side  of the bed towards  Mr. Sandt; I didn't go near  Laros;
stood at bureau near foot of bed ; do not  knoAV  if Schooley left his
place and went near the bed; I heard Laros  deny to Mr. Sandt that
he had anything to do Avith it; before he had  requested us to pray for
him; if Schooley said anything  I don't  recollect it;  didn't pay any
attention to it; saw Schooley have a rope there;  don't knoAV  where  he
got it from;  do not know who brought the rope into the room; can't
say where the rope Avas in the room; I read  the warrant of  arrest;
many people in the room ;  Coroner Carey was there, I think ; 'Squire
Hildebrand at foot of bed ;  people left the room probably ten or fifteen
minutes after the warrant was read;  don't know  if any of the  Coron-
er's  jury  were present  when the warrant was read ;  don't think the
District Attorney said anything to Laros; betAveen the reading of the
warrant and the  people leaving the room his brothers and  sisters and
others talked to him; after  the people left I locked one door; don't
know who locked the other ; it  had a drop latch  over  the catch ; Mr.
Sandt commenced talking to him shortly  after the doors were locked ;
before the warrant was read I had been deputized  to  keep  watch  on
him; I was back in the yard.
  George Schooley, called for the same purpose as Bitters.   Same
objection made and overruled.   Exception taken.
  Witness sworn v. d.—Examined by Mr. Fox—I was in the room with
Samuel  Sandt  and William  Bitters on the 3d  of June; in the room
with Allen Laros;  Sandt Avas not in the room until after  the warrant
was read ; Bitters and I  commenced searching;  some  one knocked
and Sandt came  in; he went to the head  of the bed and  began to talk
to Laros; I paid no attention to Avhat Sandt  said to him ; I went on
searching;  when I got through searching the bureau I told  Bitters I
thought it no use to search  there for money; I had a small piece  of
rope in my pocket, about three feet long; I had gotten the same  from
the wagon shed; I told Mr. Laros that if he knew  anything  about the
case  he might as well tell us ; if he did not, then I would  have to tie
him  fast until we got done  searching; he  raised up  and  wanted  to
know what he should say;  Mr. Sandt told him he should say the truth
and  nothing else; that  is  about all I heard Sandt or Bitters say;  I
said nothing more  until Laros made the statement; he was at the time
under arrest;  I had taken him in custody under the warrant.
  By Mr. Scott—I  had a rope that day; got it in the shed; I had it in
my pocket; I  threw the rope  down near the bed, when I told him if
he didn't behave himself I would have to tie  him; had not  offered  to 
71
 misbehave himself; Bitters and I searched the drawers ; while we were
 at this Sandt came in ;  before Sandt came in I said we would have to
 tie him while we searched the room;  we had before done nothing  but
 read  the  Avairaut; about  ten  minutes before;  after  the room was
 cleared and before Sandt came we said nothing to  the prisoner  about
 the Avarrant; did not tell him we would tie him if he didn't tell where
 the money was ; can't say what Mr. Sandt said ; Sandt said if he knew
 anything about it he had better tell it;  that it would be better for his
 family and for him both ;  heard Mr.  Sandt say this ; I stopped search-
 ing and looked at Laros ;  I was at the foot of the bed ; turned around
 and faced  him : did not hear  Bitters  say anything up to that time ; I
 never mentioned jail to him ; nor about taking him to Easton, as I re-
 member ;  I am constable ; I deputized Bitters.
   Samuel Sandt, Jr., recalled.
   Mr. Scott—We Avill take your proposition, Mr. Fox.
   Mr. Fox—The Commonwealth proposes to prove  by this witness the
 confession  of the prisoner that afternoon in the presence of this witness
 and Schooley and Bitters.
   Mr. Scott—Objected to—
   1.  That the alleged confession proposed to be proven  was made in
 the  presence of the constable  and  his deputy, who made the arrest,
 upon improper inducements made by the witness,  in  the  hearing and
 presence of the constable and  his deputy, and upon threats and prom-
 ises by the Avitness and constable, immediately preceding the time of
 the alleged confession.
   2.  That the preliminary evidence of the witness himself, of the con-
 stable and his deputy, show such facts and circumstances as  make the
 alleged confession incompetent.
   3.  That the preliminary proof has not been offered by the Common-
 wealth  as to the conduct, declarations  and  conversation of the justice
 who issued the warrant, of the Deputy Coroner who conducted the in-
 quest and of the District Attorney, who were present at the reading of
 the Avarrant and before the alleged confession was  made.
   Mr. Fox—The Commonwealth do not propose to argue the question.
 If the Court has any doubt about the  propriety of admitting the con-
 fession  in  evidence Ave  prefer that it be excluded.  But if the Court
 has no doubt then Ave certainly desire  its admission.
   The Court—We will hear the  defendant.
   Mr. Scott argued  it was the laAv  to  reject  a confession given under
 such circumstances as these.  The Commonwealth must  show affirma-
 tively that the confession is competent.  They have failed to  account
 for the presence of the justice who issued the warrant, the District At-
 torney and the Deputy Coroner,  who is a committing magistrate.  In
 order to make a confession competent  the Commonwealth must show
 affirmatively that there was no improper inducement held out to the
 the prisoner.   The Deputy Coroner  and the  Justice have not  been
called to testify that they had not held out  an inducement, in consid-
eration of which he (Laros) may have confessed to Sandt, Bitters and
Schooley.   The principle of exclusion  of such evidence is whether the
circumstances under Avhich the prisoner is placed might have compelled 
79
 him to confess to that which was not true.  Mr. Schooley  was present
 when  Mr. Sandt said that he should confess if he was guilty,  and it is
 presumed that Mr. Schooley, being an officer, consented by ns silence
 to the statement of Sandt, and that it  was the  duty  of  Schooley  an
 officer, to warn the prisoner of the consequences of  a confession.  Mr.
 Scott said he Avould not read his authorities  and  handed his brief to
 the Court,  on which were noted :—Rex v. Shepherd, 7 L.&if.  otJ ;
 Rex v. Dunn, 4 C. & P. 543, 387 ; Rex v. Taylor, 8 C. & P. < 33 ; Rex
 v. Thomas, 6 C. & P. 353; Greenleaf  Ev. vol. 1, §221; Phillips Ev.
 star pp. 445, 451, 557 ;  Bennett & Heard, vol.  2, pp. 572, 576 ; Whar.
 Crim.  Law, vol. 1, §§685-6; Com. v. Harmau, 4 Barr, 269.
                Wednesday Morning, August 23.
   The Court—The objections of the defendant to the admission in evi-
 dence of the  alleged confession of the prisoner, made in the presence of
 Samuel Sandt, Jr.,  William  Bitters and George Schooley, are sus-
 tained.  The defendant's objections to the question asked  of Dr. Voor-
 hies in regard to the admission made by the prisoner at the  Coroner's
 inquest to him or in  his presence relative to the purchase of tooth pow-
 der are overruled.
   Mr.  Kirkpatrick—Your  Honor  will  note  exception  to  this last
 ruling.
   James 11 Reilly, sworn  v. d —Examined by Mr.  Fox—Am  a re-
 porter of the  Free Press.  Had a conversation  Avith  the prisoner Avith
 A. Harper Guiley.   He Avas a special reporter Avith me.  It Avas on
 Monday, the 5th of June.   We held out  no inducement  nor  promise
 to him.  Told him I was a reporter of the Free  Press  and would  like
 to have an intervieAV with him.   Made no threat or  promise.
   Cross-examined by  Mr. Scott—Was the foreman at  the Coroner's in-
 quest. The inquest had separated on the Saturday preceding this Mon-
 day.  The prisoner was lodged in jail about nine o'clock on Saturday
night.   I Avas not in  the room Avhen the Avarrant Avas read to him on
Saturday.   Not sure Avhether I put questions to  the prisoner at the in-
quest or not;  likely I did.  Saw him  after  his arrest and before he
was brought to Easton.  He was coming out of the  door with Consta-
ble Schooley.  Had no conversation with him.  I Avas present about
five minutes at the magistrate's office Avhere he  Avas  comraitted.  The
prisoner may have seen me.  He was in the carriage.   He Avas in the
custody of Schooley.   We saw  him  in jail five or ten minutes  after
eight o'clock  on Monday morning.   He was in  bed.    Mr. T. L. Wie-
aud and Mr. Reed, the Deputy Warden,  and  Mr. Guiley Avere with
me.  Bitters Avas not there.   Wieand  and  Reed went in with us.  I
already kneAv what had taken place betAveen Schooley and Bitters and
the prisoner at the  house.
  A. Harper Guiley, called.
  Mr. Kirkpatrick—We make the same objection to  this Avitness as we
did to Bitters.
  Objection overruled and exception taken.
  The  Avitness is  SAvorn on his voir dire.—Examined by Mr. Fox__I
Avas present Avith Mr. Reilly Avhen a statement Avas made bv defendant 
73
  m prison cell No. 12 on June 5 at eight o'clock.  Messrs. Wieand and
  Reed were there with us.  No  promise was made by any one present
  No threats were made.  No inducement held out to  make a statement.
  He merely told him that we Avere press representatives.   He  did not
  knoAv me.  Never saAv me before.
    Mr. Scott—No questions.
    T. L. Wieand, SAvorn v.  d.
    Mr. Scott—Your Honor will note our exception to the admission of
  testimony of witnesses called for this purpose—the  same  objection  as
  we made to Bitters.
    The (hurt—We note your exception.
    Mr. Fox exami)ies the witness—Was present when  Mr.  Reilly and
  Mr. Guiley had an interview with the prisoner.  They made no prom-
  ise to him.  They made no  threats to him.  They held out no induce-
  ment  other than that they would like to get  all the information  they
  could.  Neither Reed nor  I said anything before he made the state-
  ment.
    Cross-examined by Mr. Scott— When I come to think, I was not there
  all the time.  Mr. Reilly said it couldn't  hurt him to tell it again, or
 something to that effect.  He said it in  the Avay to obtain all he could.
  Don't think the effect of it was that it would be better to  tell.   I Avas
 not there from  the start.
   Daniel Reed,  sworn v. d.—Eximined by Mr Fox—Was present
 in  the cell Avhen Reilly and  Guiley  interviewed the prisoner.   They
 made  no promise, no threat.  They held out no inducement to  make a
 Statement.
   Cross-examined by Mr.  Scott—I  was  absent about  five minutes.
 VVhile I  was absent Mr. Wieand was there.  They did not  caution
 him.
   By the  Court—I held out  no inducement to him.
   James E. Reilly, recalled.
   Mr. Fox—The Commonwealth propose to prove by this Avitness the
 statement  made  by the prisoner to him and Mr. Guiley on June 5,
 1876, in  his cell in the Northampton County Prison.
   Mr. Scott—The defendant objects because —
   1. The Commomvealth have failed  to show that the influences oper-
 ating upon the  mind of the prisoner at the time he made the statement,
 on the 3d of June, to  the constable having  him in custody,  (which
 statement has been rejected by the Court)  had  ceased to operate upon
 the mind of the piisoner at the time of the second statement.
  2. The preliminary proof fails  to  sIioav  facts and ciicuinstances
 which  would render tae  statement made to the Avitness admissible in
 evidence.
  3. It is incompetent and irrelevant.
  Mr. Scott argued that  when a  confession has  been improperly ex-
tracted by an offic r from a prisoner a subsequent confession, even  to a
third party, cannot  be admitted iu evidence if the prisoner's mind at
the time of the second confession is still under the influence of the im-
proper inducements  or threats which called forth the first confession.
He cited ;—Com. v. Harman, -1 Barr, 269; Whart. C. L., vol. 1,^94, 
74
612 (note k.); Greenl. Ev., vol. 1, §221; Guild's case, 5 Halstead, 163 ;
Archbold Crim.  L, vol. 1, 417-418 ;  Rex v. Taylor, 8 C «1, 7dd;
Regina v. Warringham (Bennett & Heard), vol. 1, p. 48*  ; 1 nil. Jbv.,
vol. 1, star pp. 457, 546, 522 ;  Rex v. Swatkins, 4 C. & P., -'>48 ; Ben-
nett & Heard, vol. 2, pp. 591,  607, 609 ; 5 C.  & P , 535: East PI. Cr..
p. 658.
   Mr. .For said the reason a confession should  not be admitted is Avhen
it is  not  a true one,  Avhen  it is unworthy of credit.  He cited:—
Greenl. Ev., vol. 1, §220  (a);  2 Russell on Cr., 847,  848, Gibbon's
case ;  Rex. v. Hardwicke, 6 C. & P., 404 ; Rex v. Richards, 5 C. & P.,
318
   The Court—We  Avill decide this Avithout further argument.   We
are clearly of opinion that the  influences  surrounding the first confes-
sion were such as to make that  inadmissible.  This  second confession
seems to have been given Avhile the former influences Avere still oper-
ating.  The objection is sustained.
   Mr. Fox—We propose to prove that the defendant stated to this wit-
ness on the 5th of June that he put poison in the coffee pot.
   Mr. Kirkpatrick—Objected to for the same reason.
   The Court—Objection sustained.
   Mr. Fox—One moment, Your Honor.  I cite Greenl. Ev.,  §231; 2
Russ.  on  Cr.,  862  (note).
   Tie Court—Lat the  counsel for the  defendant show  the distinction
in the rule.
   Mr. Kirpatrick  commented on the preliminary evidence to the offer
of the second  confession and argued that this case does not come under
the exception to the rule and that the entire rule applies.
   Mr. Fox  makes  a further argument, to Avhich Mr. Kirkpatrick re-
plies.
   Ihe Court—The mind of the Court in this is very clear.  We have
sustained two objections—to the admission of the  confession  made to
Sandt, Bitters aud Schooley, also to  the general confession  made to
Reilly and Guiley in the jail;  as to this offer  also the objection is  sus-
tained.
   William Schug, SAvorn  v,  d.—Examined by Mr. Fox—I Avas in
the Northampton County Prison, sometime in  the second  or third
week  in July.   I talked Avith Allen Laros.   Made no promise to him.
He saAv me pass his cell and called my  name, motioned to  me to come
in and shook  hands Avith me.
   By  Mr. Scott—I was not in the cell.  It Avas in the corridor.  Can't
recollect  if anybody was by.  Oliver Walton  went into the prison with
me. _  SaAv Laros a few minutes after  I  got in.  Moses Schug was a
cousin of my father.  Don't know  Avhether  the prisoner knew it.  I
knew  Allen Laros a couple of years.  I first asked him hoAV  he  felt.
He said "Tolerably fair."   I asked him Avhat he  meant  by doing a
deed of that kind.   This Avas after  some conversation.   He said some-
thing betAveen the questions.
   By Mr. Fox—This Avas the next  thing I said after asking him  how
he felt.                                                 & 
75
   [The counsel on both sides and Judge Meyers here  talk privately
 with the Avitness.]
   Mr. Scott proceeds  to  question the  witness further—Oliver Walton
 went with me, nobody else.   The Deputy  Warden, Reed, Avas there.
 He went with me.  Mr. Reed I don't think was within hearing while
 I  was talking.  Didn't tell Laros he'd better tell.   Didn't tell him he
 could not make  it  any worse.   Didn't tell  him  anything before  I
 a.sked him Avhat he meant.  I didn't tell him it would be a great re-
 lief to the family to know Avhy  he did it.   Don't knoAV whether  Mr.
 Reed heard what Ave said or not.  Oliver Walton had business on  the
 other side of the  corridor, and don't think the prisoner saAv him or that
 he heard  the prisoner.  Laros  might  have seen him.  I don't  think
 Walton  heard  Avhat  I said.  It was after the 10th of July.  Don't
 know  what day.   I was  at the  house just after Schug died.   Not
 •luring the inquest.  Prisoner saAv me then, I was in his room.
   Daniel Reed, recalled.—By Mr. Fox—Was in  the prison  when
 Mr. Schug was in.   Didn't hear  Avhat he  said.  Mr. Scott  and Mr.
 Kirkpatrick had seen  the prisoner in  his cell  alone  before that.   Mr.
 Scott several times before Mr. Kirkpatrick.   Both  alone in cell with
 him.
   By Mr. Scott—Didn't caution the prisoner not to say anything. Saw
 Mr. Walton.  Didn't  hear him caution the prisoner.
   Mr. Fox—We offer the bill of indictment  to prove that the  bill was
 found in June Term and the record to show that the continuance Avas
 at the instance of defendant's counsel:
   The Court—Examine the District Attorney as to that.
   John C. Merrill,  Esq., sworn v. d.—By Mr. Fox—This case was
 continued at the June  Term at instance of Messrs.  Scott and Kirkpat-
 rick.
   By Mr. Scott—This  was on  all  the indictments.   Don't remember
 giving notice that the indictment for murder of Moses Schug would be
 tried in June Term.   Remember giving notice that the stomach of
 Moses  Schug Avould  be  analyzed by Dr. Mclntire, written notice.
 Afterward  verbal notice of the analysis of the stomach of Martin
 Laros.
   Mr Fox—The Commonwealth proposes to prove by  Mr. William
 Schug the statement of the prisoner made to him.
   Mr. Scott—Objected to for the same reasons as those interposed to
 the evidence of Reilly.
   The Court—Objection overruled.
   Mr. Scott—We Avill  take an exception.  The defendant noAv objects
 to  the evidence of any  admission or  confession  and  from this  witness
 in  particular, because there is no evidence and no proof of the corpus
 delicti presented to the Court aliunde.
  Mr.  Scott  proceeded in his argument  to say that in the failure to
show the corpus delicti  aliunde no confession should be admitted in  the
evidence.  There could  be no conviction Avithout proof of the corpus
delicti outside of the confession.  He cited:—Whart. Crim. L., vol. 1,
§§683 749 ; Greenl.  Ev., vol. 1, §217.
   2 he  Court—We will interrupt  your  argument,  Mr. Scott.   The 
76
 Commonwealth may offer testimony upon the corpus delicti  before  we
 decide the question raised by your objection.           ^
   Henry S. Carey,  recalled—Examined by Mr. Fox—I did not
 find the bottle of tooth powder at the house  cf Martin  Laros.  Tooth
 poAvder was handed to me.   Don't knoAV Avho gave  it to me.   It was
 sent for in consequence of a statement  made by Allen Laros.  [Look?
 at the bottle.]  This is the same  bottle.  Dr. Voorhies was there at
 the time.  Don't knoAV whether he showed it to Allen  Laros there  or
 when he was  being examined in the bedroom, but shoAved it to him
 same day.
   Cross-examined by Mr. Scott—When he (Laros) was examined I did
 not have the bottle.  He had been SAvorn before 1  got the bottle.   In
 consequence  of  his  statement, under oath, the bottle Avas produced.
 One of the family got it.  Don't knoAV Avho.   Whoever it was did not
 get it in the room Avhere we Avere holding the inquest.
  By the Court—It Avas about tAvo minutes after he  told us Avhere the
 bottle was Avhen I got it.  Have had it ever since, except Avhen it was
 in the bank..
  Mr. Fox—We propose to prove  that the prisoner stated to Bitters
 and Schooley on the 3d of June that he had concealed money belong-
 ing to his  father and Moses Schug in  the ground  between  the privy
and the sheep pen, which statement being communicated to the Avitness
 and  'Squire Hildebrand, the money was found by them in the place
 indicated by the prisoner.
  William Bitters, recalled.
  By Mr.  Fox—We propose  to prove by this Avitness everything to the
 word  "sheep pen" in the above offer.
  Mr. Kirkpatrick—The defendant Avants the preliminary proof.
  Mr. Fox—Certainly, you may examine the Avitness.
  By Mr.  Kirkpatrick—The  statement was  made by the  prisoner  in
the afternoon  of June 3;   It  was Saturday, betAveen  four and six, after
we had been in the room.  I, Schooley and  Sandt.  After all I spoke
about yesterday had transpired.  He  said  it in the  room.  It was
after the conversation between the  prisoner and Mr.  Sandt  and while
he was in  the room.
  Mr. Kirkpatrick—The offer is objected to  for the same reason as the
 objection  to  Samuel Sandt's  testimony, as sustained by the Court.
 Also for the reason that  it is sought by the offer to prove an inde-
 pendent and distinct offence, and that no  inference  can be  drawn
 from the proposed evidence  as to the  issue now trying, and for the
 general reason that the proposed testimony  is incompetent and irrele-
 vant.
  Objection overruled.  Defendant takes an exception.
  The witness  (Bitters) is then sworn to give evidence in the issue —
 Examined by  Mr. Fox—He said the money  could  be  found between
 privy and sheep pen.  George Schooley was present when he said  it
 He did not say in what it was or Avhat money it was
  By the  Court—We asked what had become of  the money that had
 been taken before he said where it was.   In   reply to our question  be
 said where it  was.                                      * 
77
   By Mr. Fox.—I was still in the room.  I told Mr. Schooley to look
 for the money.  I beckoned to Mr. Carey and told  him  to  go  along
 Avith Schooley to get the money.
    Cross-examined by Mr. Scott—I have not been  reading  the ansAvers
 out of the paper Avhich I hold in my hand.   I use  it  to  refer to the
 circumstances.  It is a printed paper.   I referred to it generally and
 not particularly.
   By Mr. Fox—I  remember Avithout the paper.

                Wednesday Afternoon, August 23.
   Geo. Schooley, recalled, SAvorn in the issue.
   Mr. Kirkjtatrick—We make the same objection.
   The Court—Overruled and exception noted.
   Witness examined by Mr. Fox—On the 3d  of June  Laros  told Mr.
 Sandt in  my presence Avhere the  money Avas.  Said it lay between the
 sheep stable and the  privy.   Don't knoAV  Avhether Sandt asked him
 anything  about the  money.   Don't   know  Avhat Sandt said  first.
 When Laros said that, then I went out and   called  Mr  Carey, and
 Avent between the sheep  stable and  out-house.   We didn't  find the
 money then.  Went  back and  Laros  said  I should dig nearer the
 Avail towards the river.  When I got back Mr. Hildebrand had found
 the  money.  I saw it when I got back. Tavo pocket books.  1 saw
 the  pocket books opened.  Some money Avas  in both.   Ninety dollars
 in one and 8140 or £240 in the other.   All  bills  except  ninety  i ents
 in  silver.   One book Avas an old one and the other a  new one.   Th y
 were a little damp,  that's all.   Did not seem to have been buried  loin.
   Cross-examined by Mr. Kirkpatrick — This  Avas  about five o'clock J .
 M.;  I counted the  money; the bills Avere twenties, tens and fives; i
 think no Iractional  currency; couldn't tell how long they Avere buried;
 the  place where it  Avas  I dug,  but didn't dig deep enough  ; took  a
 board away before I commenced to dig.
  H. S. Carey, recalled.—Examined by Mr.  Fox—I Avent cut to help
 look for this money ;  after Ave started 'Squire  Hildebrand Avent  with
 us;  this Avas 158 feet  from house, following the garden wall; Ave  dug
 around to find the money ; first a board Avas laid aside ; Ave began dig-
 ging  with sticks ;  Ave couldn't find it; I got a potato fork ;  couldn't
 find it; I Avent for a shovel;  Avhile I was coming back 'Squire Hilde-
 brand said, "I found it," and passed it  over to me;  they Avere burkd
 fifteen inches  deep;   here are  the  pocketbooks;  [witness produces
 pocket  books]; this  old one contains $90; the neAV one  contains
 $241.80.
  Cross-examined by Mr. Kirkpatrick—I looked at the  ground before.
 we commenced  to dig ; either I or Mr. Schooley  removed  the board ;
 the space  betAveen the  out-house and sheep  stable is over a foot Avide ;
 we were digging not a great while before the money Avas found ; don't
 think the  board quite fiUed'the space ; the  board did  not appear to
have laid  there a great while; the ground  looked as  though it had
been settled ; it  was very dry, sandy ; have had the  books in  my pos-
session except when I had them in bank or Cole's safe ; I counted the
money. 
78
   Margaret Laro^, sworn.—Examined by Mr. Far—lather had  a
desk in the house ; he kept his money in it; the desk was in his  Dea-
room  down stairs in the back room ; after his death I did not notice
whether  the  secretary was broken opm ; I took the key and  ^nt to
unlock it, but it Avas unlocked  already;  nobody examined it that  1
know of  then ;  1 was alone when I went to unlock it; I called my
brother and sister and we went in and saw that the money Avas gone ;
it  Avas kept  in  a drawer in the  secretary,  a little drawer inside;
[pocket books shown to witness] ; that looks like father's  pocketbook ;
I never saAv Moses Sehug's pocketbook.
   Cross-examined by Mr. Kirkpatrick—We went in on Thursday even-
ing about five or six o'clook ;  I Avent alone  first; found the outside
lock of the secretary unlocked ; the key was kept in a lower drawer in
the desk ; the inside drawer was opened Avhen I looked in ;  don't knoAV
Avhether the lock  Avas  broken  or not;  Allen was in bed all the  time
after Wednesday night; father had  a smaller pocketbook, which he
carried with him ; he always kept the key of the little drawer  tied in
the pocketbook he carried ; Avould not SAvear that this was my  father's
pocketbook, only it looks like it.
  Henry S. Carey, recalled.—By Mr.  Fox—Allen Laros told me the
new pocketbook Avas Moses Sehug's.
  At the request of the defendent this Avas  ruled out by the Court.
  Dr. Voorhies, recalled.
  Mr. Kirkpatrick—We further object that the corpus delicti  has not
been sufficiently proved.
   The  Court—Overruled and exception  noted.
   Witness examined  by  Mr.  Fox—I saw  a bottle of tooth powder at
Laros'  house on  Saturday ; it Avas similar  to the one  I sold to him at
the time I sold him the arsenic; he  said in my presence under  oath
that he had made a purchase of a bottle of tooth  powder at  a drug
store near Sandt's store ; said  he got it one day during that week  at a
drug store nearly opposite  the United  States  Hotel; my drug store
was on North Third street, opposite United States Hotel, above Jake
Sandt's store;  is the only drug store on  North Third street; the near-
est one is a block and a half aAvay.
   Cross-examined by Mr. Kirkpatrick—This was in his room in the
house in the presence of the Coroner, during the inquest;  he  was sit-
ting on a chair, I think ;  am not certain ; I think it Avas  in answer to
questions by Mr. Merrill;  he said he bought a bottle of tooth poAvder;
the bottle Avas not  there at the time ;  think the  question asked was
whether he had been to Easton lately; he replied  in  the affirmative;
in reply to a question he stated that he  had bought a bottle of tooth
powder ;  think he ansAvered immediately ; he was asked where he had
purchased  it  and ansAvered, "At the drug store above Jake Sandt's •"
dou't remember Avhether he said he Avas in  Easton  on Monday  Tues-
day  or Wednesday;  he might  have  said  Monday  or Tuesday or
Wednesday ; that was the last that was  said about the tooth poAvder.
   William Schuo, recalled.
   The  Court—The objection of the defendant to the admission of the 
79
 confession  proposed  by  the Commonwealth to be proved by this  wit-
 ness is overruled.
   Mr. Scott— Your Honor will note an exception.
   Witney i« sworn in the issue and ex / mined by Mr. Fox—When I came
 past the cell Allen spoke to me; became out and  I  asked him how
 he felt; he caid, "Pretty  well ;"  he  then  asked  what people talked
 about  this affair; I said,  "Not  much  at present as I knowed ;" he
 asked what I thought they Avould make out of this ease; I said it  was
 more than I could tell him ; then I asked him what he meant by doing a
 <leed of that kind ; he said, "Bill, I don't know avIiv I  done  it ; I had
 no cause to do so; I'm sorry it's the way it is, but it's too late;"  that's
 ail:  Oliver came up  and  I walked away.
   Cross-examined by  Mr.  Scott—The cell door Avas  open; don't  know
 Avhose cell he was in ; I think three or tour were in  the cell he stepped
 out  of; the conversation took place in  the corridor; don't  know  the
 number of his  cell ; it was on the upper corridor ; I  don't think we
 Avere  in  front  of the  cell door; we shook  hands, I  think, and then
 walked to one side ; it is  more than I can tell  Avhether we were in front
 of a cell;  we  talked  in  an ordinary  tone, and  any person in a cell
 near us if listening might have heard us.
   Mr.  Fox—The coffee pot and bottle of tooth poAvder  are offered  in
 evidence by the Commonwealth.
   Mr.  Kirkpatrick—Objected  to by  defendant on account of insuffi-
 cient identification.
   The Court—Objection overruled and exception noted.
   Mr. Fox- We also offer the pocketbooks and their contents.
   Mr. Kirkpatrick—Objected to for the same reason and that it is  in-
 competent and irrelevent.
   The  Court—Objection overruled and  exception  noted.
   Mr. Fox—Also the three bottles produced  by  Mr.  Carey  and the
 results of Mr.  Davidson's experiments.
   Mr. Kirkpatrick—The same objection.
   The Court—Overruled and exception noted.
   Benjamin  Raeseey, called.
   The Avitness did not ansAver, when at the request of District Attorney
 Merrill, upon  the affidavit of  George  Schooley, the  constable Avho
 served the  subpoena, an attachment Avas  issued.
   Mr. Fox—The CommonAvealth rests.

   Henry W. Scott, Esq., of counsel for the defendant, then  arose and
 addressed the jury.  He said :—
   Gentlemen  of the Jury—In an  humble Avay,  and  Avith few
 Avords, I shall present the case of the prisoner at the Bar.
   For three months he has been upon trial; has been  tried in a Avay
very few criminals arraigned  in this  Court ha\re ever been tried ; has
been tried from the moment the community heard of the offence;  from
the time  the  officer  placed his hand upon the defendant's shoulder
and read to him the warrant of the laAV.  It Avas  not  unnatural that
the county  should have been aroused to  a sense of the  injury  inflicted
on it by him Avho had done the  deed. 
80
   It was well said by the learned District  Attorney  that  rarely has
the investigation of such  a crime been presented to the consideration of
a jury in this commonwealth.  And in this  county, amid our peaceful
valleys,  for  a  great  number of years no  man  has been  brought to
answer the trial of life or death to him.   For the last hundred years,
if my memory is correct,  and I believe that I am accurate, but two
criminals have suffered the extremest peualty of the laAV.
   When this case, therefore, was  exhibited  in  all  its horrifying de-
formity to the people  of this  county, where such crimes are so  rare,
Avhen the appeal was  so  strong to those sanctions of society, of heart
and of home, we consider it  indeed not unnatural that the defendant
accused of  the  act should  have been put upon trial before he Avas
brought to the Bar of this tribunal, Avhere,  holding  up  his hand, he
has  called  Heaven to witness that he is  not guilty as he stands in-
dicted.
  He was tried  not only by the passions of the people, but also by the
ordeal of newspaper,  the most  unreasonable of all, as SAveeping and
unrelenting  as  the torch of Omar, scattering its prolific accusations
over the length  and breadth  of the  country, instilling prejudice  into
the minds of the very  people from whom .they Avere to be taken,  who
now sit in judgment here.  So that Avhen you were called as  jurors in
the case, and the usual questions asked upon your voir dire, you,  and
all the rest, had already formed an opinion as to the guilt or innocence
of the prisoner at the  Bar.   There is not  one  of you  who had  not
formed an opinion ;  several  of you had expressed that opinion;  and
yet when you declared upon  that sacred  volume that you could divest
yourselves of that opinion, of that prejudice and feeling ; could go  into
that jury box where you now sit and try the case according  to the laAV
and  the evidence we Avere satisfied.
  Notwithstanding that prejudice, notwithstanding the opinion formed
and expressed, Ave have put that man's life into your  hands.
  So before you he, the prisoner at the Bar, and I, with my colleague
Avho sits there, are trusting in your judgment when this evidence shall
close ;  and if in your  deliberations you get  that far we expect you to
pronounce the defendant  not guilty by reason of insanity.
   We intend to say hereafter that the case of the Commonwealth  has
not  gone far enough to demand from the prisoner any defence ;  that
there is not sufficient evidence to warrant the Court in permitting this
jury, or any  jury,  to  render a verdict  to send a  man to death as his
doom.  Still, as I say, notwithstanding this, which may be  a question
of law, we have  the perfect  defence  which entitles us to ask and de-
mands that you shall  give such a verdict as I have stated.
   I have been called quite often to sit beside a prisoner at the Bar of
this Court; in some cases  to examine and sift the evidence in matters of
the highest moment in many of the gravest felonies,  but never before
have I felt, never hereafter  shall I, or my colleague sitting there, ex-
pect to feel the  weight of the responsibility noAv  resting upon us.
   If the Commonwealth make a mistake, as it is not likely to do'with
two such counsel to care for its interests; if they through inadvertence
should forget or misstep it would be to the advantage of the man now 
81
at the Bar to answer to life or to death ;  but if we Avho sit here fail to
present some evidence which might be obtained, fail to gather the  full
force of all, fail to catch every point of law arising in the case, fail to
persuade the Court upon some vital question where success is possible,
but beyond our stretch, a human life, perchance an eternal  soul, may
hang upon our weakness or mistake.
  The pilot of the ocean, as he stands at the wheel and rides the foam
of the crested breakers, knows Avell that  one unsteady turn might send
his precious load of human souls to the sands of the sea; but he knows
that if they go down to the bottom of the deep and sleep upon their
coral beds they rest in no dishonored grave.   They may go "unknelled,
uncoffined and unknown," but their memory is richly treasured by the
dear ones at home, forever loved, though forever lost.  But we who
stand here feel that one wrong turn of the wheel may  send him to a
dishonored grave; and the dishonor comes not alone to him  who is lost;
it comes to the kindred, to the kin, to the name ; as well to those who
live  as to those who sleep.
   Where the defence is based upon mental disease, and that the condi
tion  of the prisoner's mind was such as to make  him  irresponsible to
the law for his acts, it is necessary for us on  his  behalf  to  satisfy  you
by the Aveight of the evidence of this Avant of moral lesponsibility.  It
is a  principle of law, sanctioned  by the traditions of a thousand  years,
that every reasonable doubt must  be given to the defendant.  But in
this  case, under the law of Pennsylvania, if your verdict  finally de-
pends upon this branch of the defence, the doubt is resohTed in favor
of the State and he goes to his death.   For such consideration we  ask
you  to hold the Commonwealth to the strictest proof.
  That, preliminary to our case, you may understand our  position, I
Avill  read from the opinion of a chief justice,  noAV dead, in  one of our
Eastern States.
  [Opinion delivered by the late Hon. Joel Parker, then Chief Justice
of New  Hampshire, afterwards Royale Professor of Law in the  Dane
Law School, Harvard University.—Ed.]
  In speaking of the plea of insanity the learned Chief Justice said :
  "The public papers, in giving reports of trials, often say :—v The de-
fence was, as usual, insanity,' or make use of some other expression, in-
dicating that this species of defence is resorted to in desperation for the
purpose of aiding in the escape of  criminals.  Such opinions are propa-
gated in many instances by those whose feelings are too much enlisted,
or whose ignorance respecting the subject  is too great to permit them to
form a  dispassionate and intelligent judgment; and they have a very
pernicious tendency, inasmuch as they excite the public mind, and the
unfortunate individual who  is really entitled to the benefit of such de-
fence is thereby sometimes deprived of a fair  trial.  They tend to make
the defence of insanity odious, to create an impression  against its truth
in the outset, and thus to bias the minds of the jury against the prisoner
and to induce them to give little heed to the evidence in the very cases
Avhere the greatest care and attention and impartiality are necessary for
the development of truth and the attainment of justice.  We all concur
in the doctrine of the law that, for acts committed during a period of in-
sanity, and induced by it, the party is not responsible ; that, when the
criminal mind is wanting, when,  instead of being guided by the reason
which God bestowed, the individual is excited and led on by insane fury 
82
 and impulse, or by the aberrations of a wandering intellect, or a morb d
 and diseased imagination, or a false or distorted  vision and  perception
 of  things, punishment shonld not follow the act as for an oftence com-
 mitted ; that, when  the  faculty of distinguishing between right ami
 wrong is  wanting, the individual ought not to be held as a moral and
 accountable  agent.  A_s  Avell, nay,  much better, might we, as formerly
 done in  France, institute prosecutions against the brute for offences
 comraitted by them, and hang a  beast  for  homicide, than to prosecute
 and condemn a human being who is  deprived of  his reason, for in such
 case there is no hope of restoration to a right mind and a reinstating of a
 fellow citizen who has b~jen once lost to the community in the rights and
 affections of humanity.  But if we imbibe the idea that  instances of in-
 sanity are rare, that derangement exists only when it manifests itself by
 incoherent language and unrestrained fury, that the defence, when
 offered, if probably  the  last resort of an untiring advocate, who, con-
 vinced that no real defence can avail, will not hesitate to palm off a pre-
 tended derangement to procure the escape of  his client from merited
 punishment, if in this way we steel our hearts against all  conviction, it
 is of little avail that we agree to the abstract proposition that insanitv
 does in fact furnish a sufficient defence against an accusation for crime."
  And thus do I address you  in his language to bespeak a rational
 and willing ear to  hear the defendant's case, soon to be presented from
 that stand.
  We will show  the condition of the prisoner's mind at the time of the
 tragedy, by whomever committed, to have been irresponsible for either
 the willing or unwilling  act.   We will first show by abundant and
 competent testimony the  hereditary  tendency to insanity and nervous
 disease for several  generations, and in'many branches of the family of
 the prisoner ; this, in itself, is unimportant, but it  is proper evidence
 to present with the otherportion of the case by showing a tendency to
 morbid disturbance and unrest.  We will show the defendant  himself
 to be an epileptic.   This  disorder began at a  period  more  than four
 years ago, which we shall trace by successive steps  of longer or shorter
 intervals until the  time of the poisoning.  That  for three Aveeks before
this time almost  daily he Avas so afflicted Avith epileptic convulsions as
to dethrone his reason and destroy the powers of the mind.  That on
the Saturday previous to the crime he was afflicted with  convulsions  ;
that he had them on Sunday, on Monday, Tuesday, the day the Com-
monAvealth say he bought the poison, if it was  he  Avho  purchased  it;
on Wednesday, the day of the poisoning, and on Thursday and Friday,
immediately after it; that since his  confinement in prison he has been
similarly afflicted by these convulsions, varying in  duration from a few
 minutes to several  hours.
  During the continuance of the actual spasms the defendant is totally
 irresponsible  because altogether unconscious.  The question for you to
decide in this case  is upon the irresponsibility at a period of time  be-
 tween the convulsive spasms; and we will show  by the  very highest
authority that for some hours before and after,  the  poor sufferers of this
disease are not  in a  condition to  understand the nature and  conse-
quences of their  acts.
  We are convinced that the evidence  will  satisfy you •  it must  and
shall satisfy  you  that  at the  time of the commission of the deed
 whether done by the prisoner or not, that he was in such condition of 
83
 mind, so mentally prostrated by the death grip  of this infirmity,  that
 in the eye of the laAV and the eye of God, the Higher  Judge,  he was
 totally irresponsible for his acts.
   I will not detail to you the evidence of the defendant, but it will be
 of the kind and character mentioned above.   After Ave shall  have
 preseutedthis case we will  be entitled to receive and shall  demand a
 verdict of not guilty.   It makes no difference Avhat your opinions were,
 no difference  Avhat your  prejudices Avere, as they came to  you ready
 fashioned from the garbled slanders of the press.   You are here to try
 this  case according  to the law.  In this place we know nothing but
 what that teaches ; all  else is lighter than  the gossamer  threads that
 are blown before the breath of the  summer.
   And at the close of this trial, when you record  your  judgment be-
 tweeu the CommoiiAvealth  of Pennsylvania  and this poor prisoner at
 the Bar,  we have no doubt  your verdict will  be not guilty.  It  will be
 no accusation against you, or my colleague,  or  myself, that Ave stood
 here  in a court of this county to try a prisoner arraigned at its Bar for
 the highest crime, and as jurors and counsel  weighed his case in the
 balance of the laAV, that laAV made  for his protection, as well as for
 yours and mine.

   The defendant then called his Avitnesses as folloAvs:—
   Clinton J. Laros, sworn.—Examined by Mr.  Kirkpatrick—I live
 in Forks  tOAvnship ; thirty yards from hotel at Mineral Springs, north ;
 am son of Martin Laros ; am twenty-seven years  old; am a married
 man; have been married over a year; father has  thirteen children
 living at  the  present  time; there are John G., thirty-one or  thirty-
 two ;  Sally Ann  Walter,  tAventy-nine;  Clinton J. [the  witness],
 tAventy-seven ; Uriah,  somewhere near twenty-five ; Charles, twenty-
 three;  Margaret,  Allen  [the  prisoner], Anna M., Erwin, Marietta,
 Clara, Alvin and Alice [tAvins] ; there  are  four married; John,  my-
 self, Sally, Uriah and Charles have notjbeen  living at home  for some
 time ; all except  Charles are married of those living away from home ;
 Marietta has been away from  home  since  last spring;'before I Avas
 married I Avas not home ;  Avas teaching;  have  been teaching  eleven
 years; Avas away from home  except Sundays ; been boarding; four
 years ago I Avas boarding at Mr. Mann's and teaching in StockertoAvn ;
 I taught there three years in succession ; while I Avas here, in the sum-
 mer-time of one year, Allen was living at John Manr 's, Lower Mount
 Bethel; I slept at Mann's house ; Alleu slept there ; he Avas working
 for John Mann; we did not occupy the same room ; he had a spell at
 that time ; I was  called to him  one evening  about eleven o'clock; he
 had been at my school previously ;  can't say how  long before ; might
 be three Aveeks or tAVO months ; I had some trouble to teach a child the
 letter "B" ;  in order to make her recollect the letter I  made her re-
 peat it twrenty times in the presence  of brother Allen ; on the night of
the spell I had gone to bed when it occurred ; Mr. Mann called me ;
Mann said Allen  was sick, he had kind of  a  spell; I went up  to  the
room ; can't say that Maun  did ; Allen was lying in bed ; I  saw  him
 lying in bed pulling his hair, holding his throat Avith  one hand  and 
84
 talking all sorts of nonsense ; the letter "B"  he was  repeating as the
 child had done ; I think he  continued  the  next day ; I don t know
 how  long I  stayed  with  him that night;  he was lying on his right
 side ; had a hold of hair Avith one hand and the throat with  the other ;
 no recollection of his face;  don't know whether his eyes were open or
 not;  can't say that his face was  aAvay from  me ;  did not appear to
 recognize me;  don't  know  how  long  I was in the room  with him;
 don't know that there was any trembling;  think he Avas moved down
 stairs; can't say who did it; he  Avas lying extended on the bed: I
 was there till half-past seven or eight o'clock in the morning; it either
 continued till  next day or it Avas  another one  on the next day; can't
 say whether any one tried to remove his hand from his throat, but I
 think some one did ; mother and father were sent for in the  morning ;
 he said he was going to  fly to some place ; he  talked a great  deal
 while he lay there ; sometimes lay quiet; don't know hoAV he got down
 stairs; saw him when he got down stairs; had  spasms when he  got
 doAvn stairs ; sent tor Dr. Seem in the morning ; he  poured cold water
 on his face ;  did not appear to recognize any one ; father and mother
 came over; I went off to school; did not see him when he got over the
 spell; don't  know that  I  saw him when I got back from school; he
 had spells like that afterward ; had  them afterward as well  as before,
 to a small extent; he always had his hands to his throat and was pull-
 ing his hair; never saAV him have his hands away from his  head  ; after
 he got over them he Avas stupid, irritable, easily provoked,  short in his
 ansAvers ; would not answer questions ; he has been that way  three or
 four years ; he was so for four years  after having them spells ; can't
 say Iioav he Avalked; there was nothing about  him by Avhich I  could
 tell Avhen he had had a spell;  on the night of 31st of May I saw Allen
 after I heard the folks were sick;  was  there  before supper; I Avent
 away  before they had sat doAvn to eat; was there  twice; when I was
 sent for I came back; it was  between seven  and  eight; it was  not
 dark ; saAV Allen the second time; saw him in the rear  of the  yard;
 he Avas standing up; he had Alvin in his arms; saw  him  afterward ;
 saAV him sometimes in yard ; sometimes in the house; saw him  lying
 doAvn  in the rear of the  yard, say twenty feet from the kitchen ; he was
 lying  on his right side; he was vomiting at the time ;  think  Dr. Seem
 was there at the time; doctor had not given  him  an emetic at that
 time; I attempted to speak  to him ; got no answer at first; took hold
 of him;  shook him; told him  to  go in  the house;  he went into the
 house and sat down in the northeast corner ; I helped  him  in ; don't
 know that he talked ; saw him when he started for bed ;  next saw him
 during the night in his room ;  don't know how he was lying; paid  no
 particular attention; saAv him during the night; next morning  I  saw
 him once in a Avhile ;  once I came up and  saw  him  pulling his hair
like he used to when  he  was mad ; told Dr. Seem I believed he had
the same spells he used  to have; can't tell how  his eyes were; he  was
on his side; I went right out again; I saw the hand that was pulling
his hair ; think it was between seven and nine in the morning;  didn't
hear him talking; don't remember particularly what he did next day •
I was about the house attending to the sick; on Thursday or Friday I 
85
think it Avas I saw his eyes turned up so as to show only the  whites;
he did not appear to notice anybody ;  he  didn't  speak to me or  I  \o
him ; don't remember that he turned his head; I wTas not there when
the secretary Avas examined the  first time; I examined it afterward
and locked it ; the lock of the inside door  of the secretary was not
broken;  Levi Sandt gave me father's small pocketbook  after father's
death ; found  the key to the inside door in father's small pocketbook ;
don't knoAV where father kept his money; I knew it was in  the secre-
tary someAvhere from Avhat 1 heard ; Allen  Avent in room where the
doctor was ; sat there awhile; don't knoAV whether he  vomited again.
   Cross-examined by Mr. Fox—The spell at Mann's was three or  four
years ago ; Allen Avas not teaching, but  A\7orking for John Mann  at
that time ; he commenced teaching in the fall of  the year, three years
ago;  don't remember Avhether I stayed in the room with him all night
or not: about eleven o'clock was called up;  Dr. Seem  came  the  next
morning; don't know if he gave him any medicine for a tape Avorm
or not; a tape worm came from him  I heard ; when  the family was
taken sick I got somebody else to go for the  doctor; I saw  him  pull
his hair at one time and roll his eyes at another time, and called Dr.
Seem's attention to the latter; saAv him have  tAvo or  three  spells  at
Mann's and then  not again until the family was sick.
   Eravin  Laros, called.—Examined by  Mr. Kirkpatrick—Am 16
years of age.  I made fence in the spring. It Avas above Daniel Raub's.
Allen Avas Avith me.  It Avas four Aveeks before the affair at the house.
It AA7as in  the afternoon.  Allen Avent aAvay and stayed  an hour and a
half.   He Avent to another field.  He had not been talking to me  as I
know of.  When  he came back I was still there.  I noticed  he looked
pale, as if he was sick.  He was Avalking toAvard  me.  He  helped  to
make fence.  I Avent for a drink to the river and  returned  in fifteen
minutes  and  found  he  had put  the post in the wrong way—upside
flown—and filled in  the dirt.  Asked him what  Avas  the matter.
Asked again, then he said if I wouldn't say  anything he'd tell me.  I
said I Avouldn't.  Asked him tAvice Avhat was the matter.  He said he
had one of his spells.  Said he had had them before.  He did not say
Avhen.  He said  he  had had them after school; not  Avhat  day.  He
Avas crying.   Cried  for  half an hour or longer.  He said  that  they
came on with headache ;  a rumbling noise in his head.  Said his hands
Avere shut. Didn't mention his eyes.  Said  it got  black  before his
eyes.   Said he didn't want me to tell, as he did not want the folks  to
find it out; they would think he  wasn't right.  He said when  they
came  on  he  would  go  away  where the rest wouldn't see him.  He
staggered  when he walked sometimes. I  noticed  it.  He  was then
short and  cross in his disposition.  Talked little.  He answered short.
On Saturday before this happened we Avere  harrowing potatoes.  Pie
came home from school late several times and I  asked him  what was
the matter.
  Q.—Tell what Allen said to you and what you asked him, and the
ansAvers he made.
  Mr. Fox—We object to that;  make your proposition.
  Mr.  Kirkpatrick—The defendant  proposes to  give  in evidence his 
86
declarations to the witness on  several occasions  during a  period  of
three weeks preceding the alleged  act of poisoning with reference to
his being subject to convulsions and his sensations  at the time  of the
seizures.
  Mr.  Fox—Objected to as incompetent and that the  defendant can-
not give in evidence his oavu declarations  as to the existence of an inde-
pendent fact to establish his want of mental capacity.
  The  Court—Have you any authorities, Mr. Fox?
  Mr. Fox—No, Your Honor, Ave withdraAV the objection.
  Ihe  Court—All declarations by the defendant might be received  to
shoAv Avhether he was sane or insane, but for no other purpose.
  Mr. Kirkpatrick—We Avithdraw the proposition for the present.
  Witness continues—He talked short Avhen he came home  late from
school several times.   I don't know hoAV many times.   He  walked  as
though he Avas drunk. On Saturday A. M. [May 27] while harroAving
potatoes Allen and father Avere with  me until eleven o'clock.  Allen
took the horses to the stable.  About an hour and a half after, I Avent
to the stable.   Saw Allen there in the entry.  He Avas lying down on
his face.   He did not look at me.  He didn't move.  His hands Avere
shut, the thumbs inside [witness shows how].  Was there about fifteen
minutes.   I turned him  over.  He didn't  knoAV  me.   His face was
pale, eyes shut.  He trembled with his arms [Avitness shows  the way
he trembled, Avith a rigid arm].  He roused up while I was there and
sat up.  He did not talk any.  His arms were stiff.  His legs, I think,
were straight.   I asked him if he had one of his spells.  He said he
didn't know.   This Avas when he sat up and opened his eyes.  He said
I shouldn't say anything.  On Tuesday [May 30] he came home late.
At night I slept in the same room with him.  Moses Schug slept with
me.  Allen slept alone.   In the night I heard what  I thought to be
Allen dreaming.  Didn't hear  his voice distinctly.  Was muttering.
Couldn't understand the wrords. He throAved himself  around in bed.
Remember Allen getting up at night a short time before  this [poison-
ing] happened ;  two  or  three Aveeks before, maybe; it Avas midnight.
He had his law book.  Went into the entry.  Don't knoAV  how long
he stayed.  I would be asleep when he came back.   It happened more
than once. I said  nothing to him, nor he to me.   I noticed during
these three weeks he staggered.  He did not say much.
   Cross-examined  by  Mr.  Fox—It Avas  a board fence that we were
making.   Boards were nailed on,  the posts were heAvn.   They were
larger at the butt.  When I came back from the river he was standing
shovelling in dirt.   I  stopped him and asked him what was the mat-
ter.  At that time he was crying.  He said nothing of any other feel-
ing than rumbling in  his head.  Did  not  say  there was anything in
his  body rising up toward  his head.  He was  never cross at other
times.   He taught school all week except Saturday.  On the Tuesday
night Moses waked me and told me.   Have ahvays slept in room with
Allen.  Have heard him make  the noise before.   Did  not knoAV
whether it was snoring or nightmare.  He was sometimes cross before
he had these attacks.  Before that day with the posts.
   By Mr. Kirkpatrick—He was short in his answers.  I don't remem- 
87
 b^r Avhat day.   I did not know for what reason.  When he was dizzy
 then he Avas cross.
   By Mr Fox—Between the time we made fence and that  day in  the
 stable he would Avalk as if drunk.  Several times a week  at  home in
 the yard.   If I Avould say anything it Avould make  him  cross.   I  did
 not mention it to any one.   Don't remember that any one else was  by.
   By Mr.  Kirkpatrick—Don't  knoAV Avhy I  did not say anything
 about it.
   Julianne Mann, SAvorn.—Examined by Mr. Kirkpatrick—I  am a
 daughter of John Mann.  Remember Avhen Allen Laros lived at our
 house.   Remember  something getting the  matter  with him.  They
 were spells.   Had them  more  than  three times.  Seen him in that
 state more than once.  The first time I saw him in that  condition was
 in the horse stable.  He Avas lying there on his back and on the back
 of his head.  Don't know how close to the horses.  Did not notice  his
 face.  His eyes were shut.   Did  not notice his hands that time.  Did
 not seem to know anybody.   It was in the morning.  Don't know Iioav
 long he  had been lying there.  We carried him in the house.   He had
 no straws in his hands that I noticed.  Don't remember how long  he
 was  unconscious the first  time.  He did not seem to know anybody.
 Don't remember how long he Avas unconscious at other times ; some-
 times it was more than an hour.   He was taken doAvn  stairs  the first
 time on a settee.  On the other times he was the same Avay.  At other
 times he had his hands in his hair and at his throat; pulling at it.
   Gross-examined by Mr. Fox—Dr.  Seem  was  sent  for that morning
 and came.  He was not there always.   He came at several different
 times to  attend Allen.  When we carried Allen in  the  house he lay
 quietly.   He lay still in the stable.  Don't remember seeing him when
 he opened his eyes.   Don't remember who stayed Avith him.  I did not
 see him every time.  The doctor lived  two miles off.  He came soon.
 Allen during those spells did not ahvays remain still,  but  pulled his
 hair and his throat.  He Avould act as though teaching school.  Don't
 recollect whether he knew himself about it.
  By Mr. Kirkpatrick—He had spells oftener than when the doctor was
 there. He had some at night, He used to give out words  and  spell
 them backwards.  Once  he fought bumble bees.  Don't think his talk
 was very foolish.  There Avas no bumble bees there.
  By the Court—After it was over I never noticed how he was.
  By Mr. Kirkpatrick—Before  them  he was cross.  He went to his
 work after he got over them.
  Mrs. Sally Ann Walters, sworn.—Examined by Mr. Kirkpatrick—
Am married ten years.  Live in Easton, on College Hill.   Am a sis-
ter of Allen.  Allen  came  to  my house once in a while.  Was there
about six weeks before this happened.   About half-past six  P.  M. He
didn't say anything at all;  was not  talkative.  He slept  there that
night.  Heard something during the  night.  Heard  him come down
stairs. We had all gone to bed.  About  midnight.  Heard him  go
through the house.  He came down to the front step through the hall.
I noticed next morning that the ground was scratched out from under
the  porch, which was raised from the ground. A good deal  of dirt was 
8^
  scratched out, half a pail full.  Never had been that way before.   The
  dirt was not thrown out Avhen I Avent to bed.  Before  1  Avent  to  bed
  there  Avas a  line across the  porch.  In the morning that Avas torn
  through the middle.   Next morning Allen didn't say anything.  Did
  not talk to anybody.  His shirt bosom Avas all mud.  If it had been
  that way the night before I Avould have noticed  it, because  Avhen he
  went to bed he left his coat  and  vest  in  the kitchen.  I told him to
  take his shirt off and I'd Avash it.  He did  not because he had no other
  shirt Avith him.   I  was up to  my father's house at half-past seven
  Thursday morning, the day after the family got sick.  SaAV Allen first
  upstairs in bed  as soon as I got there.   I noticed that  he had both  his
  hands in his hair and both eyes closed.  He Avas pulling his hair.  He
  was lying on his right side.  His  eyes, after being closed sometime,
  opened,  and  I saw they were unnatural.   He didn't  appear to know
  me.  He appeared unconscious.  I think one of my  sisters  Avas with
  me.  Don't remember the color of his face.  Had never seen anything
  of the kind before in  him.  I saAv only the Avhites  of his eyes ; they
  Avere turned up in his head.   I never noticed his Avalk Avhen he came
 to my house.  He did not stay long Avhen he came.  He  would come
 once a month or so, not oftener.  At the house I Avas attending to the
 sick and did not notice another spell then.
    Cross-examined by Mr. Fox—He stayed  at my house  about six
 Aveeks before the death of my father.  He took tea and was  there all
 evening.   Mr. Walter Avas home  that night.  I noticed nothing un-
 usual in Allen's demeanor.  Allen did not talk much at the breakfast
 table that morning other than  to  say what he  Avanted to  eat.  The
 ground Avas scratched out from under the porch and spread apart over
 the paATement.   I saAV no marks of animals' claws  in the ground  or
 finger marks.   It Avas coal ashes and dirt.  I saw his eyes  turned up
 the time I looked  at  him Avhen he  Avas in bed at my father's house,
 when they were  all sick.   He  opened  his  eyes in about five minutes.
 I don't remember Avho was in the room Avhen he opened  his eyes.  I
 did not stay long in the room.  I did not talk with him that day that
 I knoAV of.
   By Mr. Kirkpatrick—It rained the night Allen stayed at my house.
 The dirt was scattered loose over the pavement.

                 Thursday Morning, August 24.
   Clinton J. Laros, recalled.
   Mr. Kirkpatrick—How did your father train his family in religious

   Mr. Fox—How is that evidence ?
   Mr. Kirkpatrick withdraws the question for the present
   Witness continues—I recollect my father's father.  He lived on Col-
lege Hill at Joe  Laros' house.   I lived there too.
   Q-— How did  he act Avhen you saw him?
  Mr. ^-Objected, that if they go into the question  of mental con-
dition of  ancestry they must prove  insanity, not eccentricity   Thev
must prove a general reputation of insanity  in  ancestor, not that he
did queer things. 
89
  Mr. Kirkpatrick cited Ray's Med. Juris, of Insanity, §155 ;  Whart.
& St. Med. Juris., vol. 1, §364; and referred  to the  Wahvorth case
and the position assumed  by Mr. O'Conor in reference to the  defend-
ant in that case;  and argued the  propriety of obtaining from Avitnesses
evidence of specific actions of defendant's ancestors.
  Mr. Fox argued that the insanity must be notorious and that eccen-
tricity  Avas not  transmissible, although disease might be.  He cited
Whart. Cr. L., vol. 1, $57 ;  case  of Ld. Ferres, p. 900 Roscoe's Crim.
Ev.;  Rex v. Oxford, 9 C. & P., 925.
  Judge Meyers said that the jury Avould have  no right to infer  un-
soundness of mind from the nature of the act itself.
  Mr.  Kirkpatrick  cited BroAvne's Med. Juris, of  Insanity  on  the
subject of hereditary tendency; Wharton & Stille, vol. 1, §373.
  Mr. Fox said that the article in BroAvne, just quoted, Avas an original
article, and no single man Avas authority ; that  Browne was ultra in
his  views, and that in the opinion of that author all that Avas necessary
to prove that the prisoner is insane is to prove that an ancestor Avas a
high  church man or that his grandmother had hysterics.
   The  Court—What do you intend to prove by  this Avitness?
  Mr. Kirkpatrick—Defendant proposes to prove by this Avitness  that
the paternal grandfather  of the   prisoner  Avas  mentally unsound for
some period of time before last heard of; that Avithout any accountable
cause he wandered from home and has never been heard of since; that
this occurred seventeen years ago.
  Mr. Fox- As a Avhole not objected to by the Commonwealth.
  The Court directed Mr. Kirkpatrick to state the  question.
  Q,.—Did you  notice anything peculiar  about your  grandfather
Avithin a short time of your seeing him last ?   If so state what  it  was.
  Mr. Fox—Objected to, 1st, Because there must be proof of insanity
in the grandfather and not of peculiar actions; 2d,  That  the  witness,
being at that time only ten years  old, Avas  incapable of forming  an
opinion as to the sanity of his grandfather.
  The Court—Objection  sustained and exception noted.
  Mr. Kirkpatrick—We  now propose to prove by the Avitness that  the
paternal grandfather of the witness acted in a  manner indicating  un-
soundness of mind.
  Ihe Court—Noav put your question.
  Q.—Did you at any time see anything in  your grandfather  indicat-
ing unsoundness of mind ?
  Mr. Fox—Objected to  that this Avitness, being only ten years old at
the time, was incapable of  forming an  opinion as to the mental  un-
soundness of his grandfather.
  The Court—Objection  sustained and exception noted.
  Mr. Kirkpatrick—Do you remember about your  grandfather going
away from home  and never returning?
  Mr. Fox—Objected to  by the Commomvealth  as  incompetent and
irrelevant.
  The Court—Objection sustained and exception noted.
  Mr. Kirkpatrick—While Allen was a member of his father's family 
90
how did your father bring up his family with reference to religious and
moral instruction and conduct?
  Mr. Fox—Objected to as irrelevant and incompetent.
  The  Court—Let us have A-our authorities, Mr. Kirkpatrick.
  Mr. Kirkpatrick cited Wharton  & Stille, Med. Jur., vol. 1, §§388,
389.
  The  Court—Objection sustained and exception noted.
  Mr. Kirkpatrick—What was the treatment of and conduct toward
the  prisoner while he Avas a member  of  your  father's family on the
part of your mother, father and the rest of the family? was it kind  or
otherwise ?
  Mr. Fox—Objected to as incompetent and irrelevant.
  The  Court—Objection sustained and exception noted.
  Witness continued—Can't say Avhen my paternal grandmother  died ;
probably  two  years  ago. I do  not think she AAras of unsound  mind.
Don't know my father's  mother's  name.  My  mother's  mother died
three years ago,  I  think.  I  remember her  doing things  that looked
like she was of unsound mind.  She  talked things that I do not  think
a person of sound mind Avould have said.  She  Avas so a year or  more
before her death.   My brother Eugene Avas sixteen years old when  he
died.  He died nearly two years ago.
  Mr. Kirkpatrick—How did he die?
  Mr. Fox—Objected to as irrelevant and incompetent.
  The  Court—Objection sustained and exception noted.
  Mr.  Kirkpatrick—We  propose to  prove by the  witness that his
brother Eugene prior to his death  Avas  quiet, uncommunicative and re-
tiring, and that he died by hanging himself Avithout any apparent mo-
tive or  cause.
  Mr. Fox—Objected to as irrelevant and incompetent.
  The Court—Objection sustained.  Exception noted.
  Witness continued—I don't knoAV anything about my grandfather's
brother.
  By Mr.  Fox—I don't knoAV hoAv old  my mother's mother  Avas  when
she  died; I think about eighty years.  She Avas  very  old.  She  could
not  walk, alone.  She was  childish.
  Sarah  Raub, SAvorn.—Examined  by Mr. Kirkdatrick—I am twelve
years old ; Allen Laros Avas my teacher ; I remember  him  going out
on Friday  [May  26] before this happened ;  he did nothing before going
out; he looked pale; I  did  not  notice his eyes ; he Avalked straight;
he was out about ten minutes; he looked  paler than usual Avhen  he
came back;  he said nothing ; I came up from   school Avith  him that
night;  he  seemed all right;  he did not talk  much ; he walked  slow ;
Alme Job, another girl,  was  along.
 ^ Cross-examined by Mr. Fox—This  was in the afternoon, about  three
o'clock, Avhen he Avent out of school; he vomited, I saw  that mysojf;
he commenced teaching Avhen he  returned ;  he  did not seem all right
right away ; he was pale  and Aveak ; nothing  else ; he heard lessons
and talked sensible ; I live above  the Weygat;  above Sehug's ;  about
three-quarters  of a mile off;  I went to  school to him all winter and up
to this time; it was the  first time I saw him sick; it was cold enough 
91
 so Ave had fire; I never saAv  anything wrong with  him  before; he
 began teaching  in the fall;  there Avere thirty or forty scholars there
 during the Avinter.
   By Mr. Kirkpatrick—I never heard him complain; he put the win-
 dows down from the top in cold weather when  the room got too close ;
 never saw  him put his head down on the desk.
   Alme  Job, SAvorn.—Examined by Mr. Kirkdatrick—I Avalked home
 from school Avith Allen  on Friday before that  Wednesday  the  Laros
 family  were taken sick.  I saAV him go out of school.   It Avas in the
 afternoon before he went out, he laid his head  on  the desk.  Kept  it
 there not very long, however.   When he Avent out he walked as usual.
 He was not out very long, probably ten minutes.  I can tell the clock.
 When he came in he looked pale.  I did not notice his eyes. I  went
 up from  school with  him that night.  He  did not talk much;  he
 seemed quiet.  He didn't Avant to talk, I  think.   He Avas  still  pale.
 He walked slow.  I don't live very far above the  school.   He lives in
 the second house above us.
   Cross-examined by Mr. Fox—I am nine years old.   When he  went
 out I didn't see him vomit.  He taught afterward.   We were writing
 copy when fie came in.   He laid his head on the desk, then came and
 took  the copies up and  gave us  recess.  He Avas  still  pale.  I often
 walked  home with him.   He  talked  less than usual.   Pie usually
 talked.   Don't know whether he talked any  that night.   I and my
 little brother and Sophia Raub Avent home with him.  I only Avent to
 school this summer.   I  don't know Iioav long I went to him.  He had
 never been sick  before, that I know of.  He did not talk at all to me.
 He was still pale Avhen I left him.  He Avas sick at school  before.
   Maggie  Laros, called.—Examined  by  Mr. Kirkpatrick—Am  a
 sister of  Allen.   Have been  aAvay from home the last three years  a
 great deal of the time.  I came home  on Saturday evenings and was
 home on Sunday.  Prior to that Wednesday night one Sunday, three
 or four Aveeks before that, I found him on the settee very pale. He laid
 on his back and had his hands closed, with the thumbs  inside.  His
 hands and feet Avere trembling.  His eyes were shut.  He Avas uncon-
 scious at the time.  He laid that Avay ten minutes, then he opened his
 hands and was  going  to pull his hair.  I restrained  him.   Then he
 talked.   He talked foolishly; about  fishing.   I  heard a feAV words.
 He talked about that one thing.  He got another spasm then in ten or
 fifteen minutes.   His hands Avere closed again  as before.   He bit his
 teeth  together so that I heard them.  He ground  them in the spasm.
 The  trembling  lasted  about ten minutes.  Then he came to, got up
 suddenly and went out.   He opened his eyes and looked strange, wild
 and stared.  He did not speak to me.   His hands were shut, so that I
 tried hard and could not open them.  He did not talk during a spasm,
 but did  betAveen the convulsions.  He  Avas stiff Avhen I found him.  I
 noticed often that he walked  queer  for  a  year or two before this ; he
only did so at times ; when he Avalked thus he was  always short in his
answers and cross; I did not know the reason; sometimes  he  wofikl
not answer me  at all  when I talked to him ; sometimes these spells
would last for a whole day ; he would  talk  and  act  that way for a 
92
  whole day sometimes;  I  spoke to him frequently  and  told him he
  should not Avalk that way ;  he said he could not help it or said noth-
  ing; he  Avalked  as though he Avas weak in his legs ; since he had his
  law books I  have knoAvn  him to get up in the night;  just a few  Aveeks
  before this occurrence he  got up ;  he got his law  books in the winter
  time ; we always had the light lit  in our room and he Avould come and
 get it and go out in the entry and  sit there studying;  I saw him so one
 night about  three weeks before the family all got  sick ;  I  Avas sleeping
 and aAvoke, and not seeing any light in our room I looked out in the
 entry and saw Allen have our  light reading  his  law  books ; he had
 gone to bed  before, perhaps  two or three hours ; it was after midnight;
 when I asked him the reason  he  said  he  couldn't  sleep at night;  I
 know that he got up tAvo or  three times three or four Aveeks before this
 [poisoning] ; he did so too before he got his law books ; at other times
 he Avas cheerful and lively Avhen he did not Avalk  that way ; Avhen he
 went to bed  he would often say he Avished the night Avas over, because
 he couldn't sleep any  hoAV ;  I remember the  Monday night [May  29]
 before the family got sick, Clara and I slept together; the masons Avho
 had fixed our  spring-house slept at the house;  Clara, Alice and I
 slept in one bed, Alvin and Allen in another bed  in  the same room;
 we did this to give the  masons room; they went  to bed before I and
 Clara  did ; it  Avas about nine or half-past nine o'clock ; Allen was
 talking to himself, but Alvin was asleep ; I heard Allen talking again ;
 I went to his bed and talked to him, but he did not ansAver; he  men-
 tioned fish  and  Avater  and snakes; I could not understand all; saw
 him have two spasms while  I  was there; he  would  close his hands,
 with the thumbs inside,  and shake  all over;  he then tried  to pull  his
 hair and pull the pillow back; the spasms  would last about fifteen
 minutes;  between them  he would   talk and Avould pull; I heard the
 grinding of his teeth again ;  his eyes Avere closed during the spasm and
 he  Avould lie stiff, and when  he  Avould open  his eyes he would  show
 only the Avhites ; he Avas unconscious ;  after  the second  spasm he got
 up  and walked around a Avhile and opened the shutters ;  he Avas not
 talking  then; I told him  to  lay down; he did not ansAver me, but
 walked around a while;  I took hold of him, led him to his bed and
 laid him down; he stared  Avith his  eyes ;  he  looked pale  and  looked
 wild out of his eyes ; he became still then  and we went to bed ; the
 light  was then turned  low; he talked again, but I didn't get up ; I
 Avent to the Avindow Avhen he  did for fear he was going  to jump out • I
 tied the shutter; I went to sleep then ; in the morning  I" noticed the
 bed clothes Avere scattered around on the floor, the cover to the bed tick
 Avas stripped  off and his  drawers  were split;  I told him of it, but he
 did not answer me ; he seemed to be cross and  looked  wild out of his
 eyes ;  he walked so funny,  too, as though he had been sick and couldn't
 walk straight; I always  made his bed when I was  at home ; perhaps it
 Avas for three  or four years; I  often found  the bed clothes scattered
 on  the  floor  ;  a saddle and a buffalo robe hung over his bed and I
wT    tP^V'T"1 ^ thr°wn °n the floor; the covering'to the
feather  tick  I  often found  partially or wholly torn off; his clothing,
too, was often torn ; the sleeves torn out of his shirt, but he would not 
-93
 tell us how they got torn, or would say he did not knoAV how they got
 torn ;  he often told me not to say anything of these things for fear the
 young folks would not go Avith him any more, and they  Avould think
 he was crazy ; this was after that Sunday ; after these exhibitions, when
 the bed clothes Avere thrown around  so, he would be cross and uncom-
 municative in the morning ; I  often heard  him  talking  foolishly at
 night  when  I Avent to  close the entry window near his bedroom ; I
 could not distinguish what he said ; I saw him on Thursday or Friday
 morning [June 1 or 2] ;  he was pale, hands clenched  and was trem-
 bling;  one  of my sisters was Avith me ; he looked  as he always did
 Avhen one of these things was on him ;  the  spasms usually lasted five
 to ten minutes: after they were over he would pull his hair and throw
 his hands around ; then he  would talk, but I could not distinguish
 what he said.
   Cross-examined by Mr. Fox—The Sunday I  found  him on the settee
 Avas about four weeks before father's death ;  he had been  at home all
 day ;  so had I; Ave ate dinner at twelve ; I did not see him  between
 dinner and the time I found him ; when I Avent in and found  him  he
 was trembling at his hands and feet; they were extended and seemed
 stiff;  his face Avas pale and quiet; I caught his arms  and they Avere
 stiff;  it lasted ten or fifteen minutes ; after the trembling,  the talking
 and pulling commenced ;  he got limber ; he talked only single Avords  ;
 didn't see his face move during the rigidity of the limbs ;  he laid flat
 on his back, face  upwards ;  his mouth  was sometimes open and at
 other times closed ;  there Avas no froth on his mouth ; no blood was on
 his mouth, nose or ears ;  a similar spasm folloAved the first; after the
 second spasm he opened his eyes and pulled his throat; in about ten
 mirutes he went out doors; I watched him; he A\7ent out in the barn
 yard and sat doAvn about an hour,  then he returned to the house ; Avhen
 1 talked to him he was short;  at dinner he did not talk much  either;
 in the morning he a\ as up in his room reading; I  called no one Avhen
 he had the spasm ;  they were all out of the house  then ; I told father
 and  mother  about it that afternoon ;  the doctor was not called ; this
 Avas  the first time  I had seen anything of the sort;  don't remember
 what  we had for dinner that day;  he Avas not a very hearty eater ; on
 the Monday night before father died Allen's face Avas  pale ; bothhands
 Avere closed ;  his limbs were stiff and extended as before; there Avas
 no motion in his face ; there Avas no blood  from mouth, nose or ears
 that night; he got up to the shutter fifteen  minutes after  the second
 spasm ; he stared at  me; he  did not speak; I don't think one side
 Avas affected more than another; that evening I saw him Avhenhecame
 from the school;  he looked wild and walked so queer;  in the morning
 I saAV nothing unusual about him ; in the evening  he ate little supper
 and Avas cross ;  don't knoAV Avhat he ate for supper ; I told  father and
 mother next morning about these spells ; they  did not send for  a doc-
 tor; before  these spells  if  he gave me an answer it Avould be intelli-
 gent but short; after they Avere over it Avas  the same Avay.
  By  Mr. Kirkpatrick—We did  not send for a  doctor ;  father and
mother seemed  to knoAV all about these spells;  they said I  should  not
say anything about  them ; when Annie found  him in one last fall and 
94
told  me  about it  they said we should say nothing to the little ones
about it, as they might say something about it at school;  hei was for-
getful, too; I noticed it often ; these fits of forgetfulness would happen
when he walked so queer and was irritable; 1 know of things that oc-
curred Avhile he Avas by, and he Avould  ask  afterwards, if avo spoke of
them, as to Avhen they happened ;  he appeared  to know  nothing of
them.
  By Mr. Fox—It was about nine o'clock that Monday when I went
to bed ; stayed up with him one hour.
  Mrs. Van Selan Water, recalled.—jBy Mr. Kirkpatrick—The
night he Avent out at our house I heard him ; he  was baretooted ; the
door was open ;  he went out the front door ;  I heard him walk over
the porch.
  By Mr.  Fox—I  don't  know hoAV long he Avas out; his shirt was
soiled with  dirt on the sleeves and bosom; didn't notice what kind of
dirt it was ; it was muddy.
               Thursday Afternoon, August 24.

  Van  Selan Walter, sworn.—Examined by Mr. Kirkpatrick—I
am husband of Mrs. Walter, Avho was on the stand this  morning; re-
member the night Allen Avas at my house; the night she spoke of; re-
member the appearance of the shirt in the morning ; did not hear him
go out;  I slept all night; I saAv dirt scratched out  from under the
porch ; saw the line on porch broken ; dirt Avas scattered on pavement;
I never saw it that  way before; the pavement in  my yard, which is
surrounded by a fence;  I was sent to come up to  Laros'; got there on
Thursday at eight o'clock ; saw Allen on Friday ;  once in a while  I
would see  him ;  on  Friday afternoon I  saAv  him have one of his
spasms; never  saw him have one  before;  he  Avas  on a chair; fist
clutched hard ;  eyes rolled up in his head;  he  said  everything Avas
getting black before his eyes, and  then the spasm begun;  1  kept him
from falling off the chair ;  1 laid him upon the bed; spasm must have
lasted some time ; can't say exactly how long ; may have  been fifteen
minutes; don't remember more than  one spasm; his hand  trembled;
I laid him  on his back and he turned, 1 think, on his right side ;  I
may have turned him in Avorking around him.
  Q.—Were you alarmed at his appearance ?
  Mr. Fox—Objected to as irrelevant and incompetent.
  The Court—Objection sustained and exception noted.
  By Mr. Kirkpatrick—I Avas about  the house all  day attending the
others, the sick.
  Cross-examined by Mr. Fox—This  Avas  the day Moses  Schug died ;
about the  time  he  Avas dying ; before he died Allen Avas not in the
room with  Moses Schug ; it was the next room, door  between closed,
no one coming out and in ; he was on the chamber-pot Avhen this hap-
pened; I  don't  think  he had diarrhoea; the first I noticed was his
saying everything was getting black ; his face was pale and  twitching
when I laid him on the  bed; twitching  round the  mouth; think he
Avas stretched out straight; don't rainembor how his hands looked ; he
lay  mostly still on the b-jJ; ho woall move his hands:  he at first 
95
clutched them and then kept them  down ;  I  sent  for  Dr. Seem ;  he
came in before the spasm Avas over ; it was some time after the clutch-
ing; it Avas some time after I sent for the doctor before he came; Dr.
Junkin came in some time after  that; when  Dr.  Junkin came over
from the hotel I  don't know if the spasm was over; I saw  the dirt at
my porch  when my wife called my attention to it;  I did not  think of
attributing it to Allen at that time ; I couldn't account for it  then.
  By the Court—I have no dogs.
  By Mr.  Fox—There are dogs and cats in the neighborhood.
  By Mr.  Kirkpatrick—I keep my chickens penned up.
  Clara  Laros,  called—Examined  by Mr. Kirkpatrick—1 remem-
ber something being  wrong Avith Allen before this  happened  [poison-
ing] : first time I noticed was down  by the  chicken pen : about two
months before father and mother died : it was in the afternoon : I saAv
him lying under the  chicken pen on his face : he appeared unconscious :
did not know anything: I spoke to him : he did not talk anything: he
was under there a quarter of an hour : then he got out: he was pale :
he  looked Avild  out of  his eyes: lie did not talk much :  he  went  to-
wards  the stable, walking as if he were drunk or something like that:
he seemed as though he did not Avant to talk : I Avas in  the room Avhere
Allen  slept the night the masons  slept at our house: he had gone to
bed before us : when  we came up stairs  Maggie  said Allen was talk-
ing : I saw something was  the  matter with him: Mag spoke to him
and he gave no ansAver: he was lying on his back : he  Avas undressed
and had  gone to bed: saw him have a spasm Avhile lying there : no
ticed his hands : his  hands Avere  clenched, with  the thumbs inside :
Maggie took hold of him to pull  him up :  he got up then and Avalked
the floor:  then he Avent to bed again, I think, but  I am not  certain :
got up again and opened  the shutters ; Mag.  Avent there and  tied the
shutters :  don't  remember Avhat he did then : he  said, "I  don't knoAV
how to get in bed again:" I Avent to sleep : his hands shook this way
[witness shows how, fists clenched, thumbs doubled inside] : while I
was looking  at  him he  talked about fishing; could  not understand
what he said : the bed clothes  were lying  on the floor next morning :
the upper  covering of the feather tick was stripped off; pillows were
on the  floor:  did not notice  his  night  clothes :  he looked pale next
day and Avalked  funny : he did not wantto hear anything Avhen spoken
to : on Wednesday he Avalked so  as if he were drunk : he Avas short in
his ansAvers and did not want to hear anything from me: I noticed his
walk often before, quite often : he  wralked sometimes  as  if  he were
weak :  at  such times  he was short in his ansAvers: I knoAV  of his get-
ting up at night  once : he got up at midnight after  he had gone to bed :
he Avas gone [with our lamp] a half hour and then I got to sleep.
  Cross-examined by Mr. Fox—His  head and body were under the
chicken coop: it was  about  18  inches above the ground: he was  on
his  face : only his feet and part of his legs were sticking out:  in about
fifteen  minutes he pushed himself out and then stood up : I asked'.him
what he Avas doing :  he said he saw a rabbit under there :  he told me
this Avhen  he was going  toAvards  the stable : this was  on Sunday : he
came to supper : did not eat much :  did not talk any:  I told Maggie 
96
about it, but not father and mother : I think  he  went to school next
day: he was pale yet:  that night in the  bedroom his face Avas pale,
stiff and set:  mouth shut and  teeth closed tight: did not notice that
his legs were stretched  out:  he had  more than one  spasm ;  he had
two.  After both were over he Avalked the floor.                 .
   By Mr. Kirkpatrick—He  was biting on his teeth that Avay [witness
grits her  teeth] : I heard  him: I  stood aside of him :  he Avas  lying
still there under the coop: his hands shook: Avhat he  said  about the
rabbit Avas after he came out from under the coop.
   Alvin  Laros, called.—Examined   by Kirkpatrick — Remember
cleaning stable  four  or  five weeks before we were all sick: Allen
helped, and then he went off:  don't remember  how long he was gone :
about a half an hour, I think : I heard talking  in the privy: I Avent
to see what it was and looked  in the cracks :  saAV Allen have a pole
and cord string to it  fishing : he Avas still talking :  he said, "What a
large  fish :" he  talked more, but I could not  understand it: I went
back to the stable then : Envin Avas Avith me :  he and I went on clean-
ing the stable: he said nothing more to me: before that Erwin said,
"Let us look and see who it is;" Allen did  not appear to  knoAV that
we were there [witness  described  the  position of  the  family at the
table vid. diagram, p.  27] : at the supper table that Wednesday night
I  looked  at  Allen : he  looked so  queer : it seemed  that he did not
know anything:  his face was pale :  talked to no one and  sat still: his
eyes looked wild: the day  I saw him through  the crack in the privy
he looked as he did that night at supper : I knew  somethiug was the
matter: I had seen  him  before  look  just that way ;  the rest at the
table were talking and eating: I Avas not talking:  I  looked at him a
good Avhile: every once in a while: I thought  he had one of his spells:
don't knoAV how long Ave Avere at the supper table.
   Cross-examined by  Mr.  Fox—He had  a  pin fast to the cord ; he
fished  out  on the floor and talked in German ; "What a large fish ;"
the pole Avas about two feet long; he sat on the hole  in the privy ; his
eyes were open ; he had a hold of the pole with one hand, held on  to
the seat with the other, was looking toAvards his fish  hook ;  I watched
him a few minutes; I did not watch him long; he Avould pull up as if
having  a fish ; I saw him afterward  at the  dinner table ; this Avason a
Saturday; he ate some dinner;  I don't remember that he talked ; did
not notice anything strange about him during  the afternoon ; did not
tell father about it, or any one else; he  was  around  home ;  he had
not been doing any work in the morning; don't know  what he did  in
the afternoon  ;  this was  about four weeks  before father died. On
Wednesday night at supper I thought he did not know anything,  be-
cause he did not talk anything ; nobody  talked to him  ; I talked about
his appearance to Maggie and Clinton ;  also to Mr.  Kirkpatrick and
Mr. Scott;  I thought he looked   queer then,  before the family were
taken sick ; I told Mr. Kirkpatrick and Mr. Scott right  away,"before
they asked me ; I talked  with them since last Court; I do not  know
that Allen tasted the coffee;  don't know  that  he said  anythino- when
they said the coffee was peppery; he looked wild, as  if frightened out
of his eyes. 
97
    By Judge Meyers—Don't know where he got the string and pin and
 pole from ;  Allen  ate some at  the supper table that night Avhen he
 looked that way ; don't knoAV Avhat he ate.
    By Mr. Kirkpatrick—His eyes Avere turned up;  could see a little of
 the black. Father  said nothing about not telling about his spells.  I
 was told in your office to tell  all I knew.  He walked after the  fishing
 as if he Avere drunk ; before that he  Avalked sometimes as if he Avas
 weak in his legs.
    Annie Laros, SAvorn.—Examined by Mr. Kirkpatrick—Am a sister
 of Allen.  Was not living at  home  Avhen  this [poisoning]  happened.
 Have been home at different times.  SaAv him one afternoon last fall.
 1  was hunting him.   Had  missed him.   He Avas in his room.   He
 was lying there with his hands clenched and thumbs turned in. [Wit-
 ness shows Iioav, with thumbs  shut inside the closed  hand.]   He Avas
 trembling. His eyes were closed.  He had tAVO spasms.  Between the
 spasms they Avere open.  He  pulled his hair and  had his hand up to
 his throat. He tore his pilloAvs.  BetAveen  his spasms he talked, but I
 could not  understand anything.  His mouth was open. He was grind-
 ing on his teeth.  He had hold of a pillow trying to tear it.  I  took
 it aAvay from him.   He did not seem to know anything.  I told my
 mother, Avho Avent up to him and rubbed his hands and face Avith  vin-
 egar.   She said she believed it was a spell he used to get at Mann's.
 I noticed these spells at different times.   He Avas  cross at such times
 and answered short.  I  took  hold of  him ; he was stiff.  I tried to
 move his hands at different times.   His  thumb  of one hand Avas in-
 verted.  The hand Avas tightly closed.   I could not  open  it.  Some-
 times in the morning he Avould have all the  bed  clothes  on  the floor
 and the pillow  and feather  tick  would be  uncovered.  He often had
 his shirt torn.   I often  asked  him about it,  but he  never gave me  any
 answer.  Shav the saddle and  buffalo robe my sister spoke of lying on
 the bed often.   Didn't notice  anything  about his  Avalk or appearance
 at  that time.   I Avas  home  about  tAvo Aveeks before the poisoning.
 Allen seemed  all  right then.   I saAV him.  On  Thursday morning,
 after  the  occurrence  [poisoning], I saAV  Allen.   I lived on College
 Hill Avith my brother in-law since last November.  When I came up
 on  Thursday he  had  one of his spasms.   Don't remember Iioav his
 mouth looked.   He  had his hands in his hair.  Mother told  me  that
 other time not to say anything about it or the young folks Avould  find
 it out and  not go with him any more.  My maternal grandmother was
 out of her mind a  year or  more before she died.   Brother Eugene
 lived at Ferdinand Gain's when he died.  Before that he lived at  An-
 drew Sandt's.   Pie Avas  sixteen when he died.  He once lived at Wil-
 liam Kichline's.
  Q.—Did Eugene ever complain of anything at  Gahr's  ?  did he or
 did he not like it there ?
  Mr Fox—Objected to as irrelevant and incompetent.
  Mr. Kirkpatrick—Question  to be followed by proof that he was  sat-
isfied with  living there;  that he liked the place, and that he died  by
committing suicide Avithout any apparent reason or motive.
  Mr. Fox— Objected to for same reason. 
98
   The Court—Objection sustained and exception noted.       ?
   Cross-examined by Mr. Fox—Mother was with me in  Allen s room
when he had the spasm last fall.   He  was lying on his back  moutn
open, teeth grinding together, lips were parted, hands clenched at nrst.
His face Avas very pale.  After the spasm he was not so pale.   He bad
his clothes on lying on the bed.  He trembled, but lay still.  SaAV him
also after mother's death,  on that Thursday.  He had a spasm Avhen 1
came in.   The room Avas full.  Dr. Seem and Dr. Junkin were in the
house; not in the room.   We  did not call the doctors.  Don t know
any person who Avas there; can't  name them    Don't know  avhether
Emeline Sandt or Mrs. Kichline was there.  His face was rigid and
general appearance like those [spasms] before.
  By Mr. Kirkpatrick—He had another spasm on Friday afternoon.
I saw him.  He appeared the same Avay.
  By Mr.  Fox—He was lying there Avhen I saw him.
  Margaret Laros,  recalled—£*/ Mr. Fox—Allen was always pale
when these spasms came on;  he  Avas pale,  then got red, then pale
again. While he Avas  stiff he Avas sometimes very pale, sometimes not.
  By Mr. Kirkpatrick—-It Avas not during the spasms,  then he was
pale.   This redness and paleness I think was after the spasms.  Am
sure of the redness.  Not  very red.   Looked as though he had  fever.
His mouth jerked by spells ; one side, sometimes the other.  He would
grind on his teeth.
  Oliver Uhler, SAvorn.—Examined by Mr. Scott—Live in Plainfield
township.  Went to Allen Laros' school  in 1874 and 1875.   I recol-
lect an occasion when he went out of school.  I  heard him halloo my
name. I  went out.  He Avas lying by the side of the school house.
Others came out afterward ; Robert Wilhauer came.  We took  Allen
in the school house.   It Avas  betAveen  two and three o'clock in the
afternoon.  School  left out at four o'clock.  We had no more school
that afternoon.  We laid  him on a  bench.   He lay there  about  a
quarter of an hour.  His face Avas pale; his hands shut, both of them.
Don't recollect whether the thumbs Avere turned in or not.   His arms
jerked.  He did not talk.  Didn't seem  to know Avhat Avas going on.
He was taken home in a carriage  by Andy Heitzman.   He boarded
at home.   That is four or five  miles from the school house.
   Cross-examined by Mr. Fox—We carried him home.   He boarded
at home, at Mineral Springs,  about  four  miles from the school house.
It Avas in 1874-75,  in the winter.   I began in October and Avent  until
next spring, about four months.   Don't know  if it Avas near the be-
ginning or end of the Avinter term.  Before this came on I did not no-
tice anything strange,  nor after he came to.  That was the  only time
I noticed any such  occurrence.   We  we came out he said  he had his
leg broken.  He said the horse  kicked  him on Sunday and he was
lame.  It Avas eight or ten feet from the school.  There was  ice there,
and when we came out he said he had fallen and broken his leg.   We
carried him in, he could not Avalk, and that's the reason he rode home.
He was conscious all the time.
   By Mr. Scott— This  Avas on Monday or  Tuesday.  He  didn't  come
back to school until the next Aveak.  After  we  took  him in he  didn't 
99
 seem to notice^vhat was going on.   After we laid him on the bench he
 had these motions ;  he Avas unconscious then.
   By Mr. Fox—While he was outside he Avas conscious.  He didn't
 try to  Avalk.  In  the room he seemed faint for twenty-five minutes.
 He looked pale and lay still.
   Daniel Laros, sworn.—Examined by Mr.  Scott—Am a brother of
 Martin  Laros.   My father's  name Avas John.  Sixteen or seventeen
 years since I last saAv him.  For the last four or five years before I
 last saw him he did  not knoAV  Avhat he  Avas  doing.  He had been a
 drinking  man,  but had  stopped,  not altogether, for  that length of
 time.   He lived then on College Hill.  He talked  very  little, only
 when you talked to  him.  His  answers were  sensible sometimes  and
 sometimes foolish.   When he had not been drinking his  answers were
 not foolish.  When  he  was sober he Avas foolish sometimes  and some-
 times he  was sensible Avhen he was drunk.   I don't know Avhere  my
 father is ; I don't knoAV whether he is dead or living.   I  have lived
 over on Chestnut Hill for thirty years.  Mrs. Youngkin, wife of Geo.
 H. Youngkin, is a sister of mine.
   Q.—What was the condition  of her mind at times within the period
 of the last three or four years, sound or unsound ?
   Mr. Fox—Objected to.
   The Court—Objection overruled.
   A.—She was sound all I know.
   Witness continues—She came to my house.   I fetched  her and had
 her there a  week  three or four years ago.  Her  mind then Avas un-
 sound.
   Cross-examined by Mr. Fox—The  last three years she Avas unsound
 as far as I know.  The week she was at my house she Avas not sound,
 but afterward  she was.  Don't know Avhat brought it on.  She talked
 about money all the time.   Said she hadn't any money.   Don't knoAV
 if she had any.  Don't  knoAV how  long before she came to my house
 she was unsound in mind.   I knew she was not right  when  I took her
 to my house.   She  wanted to  go  home Avith me, so I took her.  She
 stayed a week.  Then she wanted to go back  and I took her to  her
 home.   When I saw father last he  Avas about sixty-five years old.  He
 drank hard sometimes.  He had no business.  Sometimes he would
 walk around as though  he  didn't  knoAV anything.   I think he knew
 the people about him.   When he appeared foolish he might have been
 drinking.
  Samuel Levers, sworn.—Examined by Mr. Scott—I am  a brother
 to Mrs. Laros, mother of the prisoner.  My father's name was George.
 I had an uncle named Robert Levers.   He had a daughter married to
 William Berry, of Easton.
  Mr. Fox—No cross-examination.
  Mrs. Almira Berry, sworn.—Examined by  Mr. Scott—My father's
name was Robert Levers.  I had a brother who had convulsions.
  Mr. Fox objects.   The Court ruled out what the witness had said
and suggested  that Mr. Scott state the question  precisely.
  Mr. Scott—State whether you  had a brother who was subject to con-
vulsions. 
ICO
  Mr.  Fox— Objected  as  irrelevant and  incompetent,   lie said  tin-
farthest the Courts have ever gone Avas the  insanity of an uncJe.
  Mr. Kirlpairick then read from Wharton  A  Stille, vol.  1, p. •><•»,
where  the  insanity  in  collateral  issue  of  an ancestor three gen-
erations back was admitted in evidence.  He also cited upon the same
subject Commonwealth  v.  Rogers,  in  7th  Metcalf, and ' Andrews
case" (pamphlet).
  The  Court—Objection sustained and exception noted.
  Mis. Aaron  Schug, savohi.—Examined  by Mr. Kirkpatrick—1 Jive
in Forks  township,  near the  river road.  Allen came  to my  house
about two years ago.  He said he did not feel  very  well.  Said  noth-
ing  about" his  head.   Thought it  would  be  best to get cupped.   I
cupped him.  He only came once.
  Cross-examined by Mr. Fox—I cupped  him on the back.   Cut him
light.   Don't remember how many cups I put on him.  Only a small
quantity of blood came from him.   He  was then attending  school in
Easton.  He came to my house  on purpose.  It Avas in June, two years
ago.  He talked while he was there.  I don't remember what he said,
only that he did not feel good sometimes  and wanted to be cupped.   I
sa\v nothing  wrong about him.
  Daniel Reed, called and SAvorn  in  the  issue.—Examined by Mr
Kirkpatrick—I  am deputy warden of the county prison ; Laros Avas
brought to jail on June 3 ; he Avas put in No. 12, on the first floor; on
the  20th of June I Avent in his cell at six o'clock in  the morning; had
locked  him up at eight o'clock the night  before; the blind door of his
eell had been kept shut and was so for four weeks after he came there ;
no one  was allowed to talk Avith  him unless I was along or Mr. White-
sell  ; six o'clock is the time  for opening the cells ; that  morning he
had his chaff tick on the floor, and he Avas sitting upon it, and his bed-
stead, broom, books, &c, Avere thrown to one side; I called Mr. White-
sell, then Ave Avent in ; he Avas crying ; we asked what Avas the matter;
he said he felt bad ; said he had a fit in the night, and  felt bad, and
asked  to  be taken  out  to have come air;  he looked wild out  of his
eyes, which were red and bloodshot; Mr. Whitesell  took him out in
the  yard for about ten minutes ; then he  asked to go back to his cell;
his  face  Avas Avhite, very pale; he said he felt bad; I spoke to him
when I opened the door;  he did not notice me; I called his  name be-
fore I Avent into his cell; after that I went home to  breakfast; when I
came back he said he felt better ; he was very dull; he spoke only in
ansAver to my question ; he was  lying on  the right side,  Avith his face
to the wall;  the second time I went in  he did  not turn around ; he
Avas very dull all day ; Ave had to  speak  first; he looked dull out of
his eyes; nobody but Mr.  Whitesell and  I saw him that day; every-
time I Avent in that day he laid on the bed on his right side ;  I  saw
him on Monday the 26th, in the morning,  lying  on  the  cell floor; I
called Mr. Whitesell, he stood at the door  and I went in ; did not no-
tice me when I  came in; I spoke to him; he said he had had a  spell;
he had none Avhen  I came ; he did  not  speak  till I spoke to him ; he
looked as he had before ;  I picked  him up and laid him on his bed ;
he  was very  dull ;  on the 30th of June I saAV him again ; all these 
101
 times he had all his bed clothes all tangled up ; in op3n:ng  the doors
 considerable noise is made ;  this did  not disturb him ; he ci I not move
 when I opened it;  [on the 2d of July I found him again alter a spell;
 the bed clothes Avere over the floor] ; on the 17th of July I found him
 in the cell in a fit; his shirt was all torn ; I found him struggling with
 his feet and gritting his teeth,  his face Avas very white, his  eyes  were
 partly closed, his hands were clenched, with the thumbs inside [witness
 shows how] ; he lay on his  back in bed ; his face moved, that is, his
 chin moved up and down, and I heard his teeth gritting ;  I  called two
 prisoners in and  they  held  him down ; they were Lewis Stein and
 Moses Roberts ; when I got back his wrists were all red from  holding
 him doAvn ; they had to hold him tight to keep him in bed ; he made
 no ansAver to me; he seemed to know nothing then ; after the convul-
 sion he looked very pale and dull and wouldn't notice me when I came
 into the cell and spoke to him; at other times  he was more cheerful
 and had a better color ; on  the  day before these  spells came on he
 seemed dull and would not  speak unless spoken to ;  I  could  generally
 tell Avhen these spells would come on;  on the  24th  of July I found
 him lying on the floor in water,  with  his  head on a pillow ; the cell
 Avas flooded ; he did not talk;  I called  Mr.  Whitesell; we  took him
 over  to  Louis  Stein's cell (No. 21) ; Mr. Whitesell went after Dr.
 Seip, the jail physician ;  Allen then  commenced to talk about fishing
 and catching black bass;  there was some paper in the cell and he tried
 to stuff it in his pocket; I tried to gft it from him ; he doubled  up his
 fists and said, ''I aviII  knock you to pieces" ;  the day before,  I  noticed
 he was pale; his answers were short; towards evening  I  saw he Avas
 getting pale and dull  like ;  he Avas short  in  his ansAvers; I  could tell
 the difference other days Avhen  the spells weren't on ; he Avas different;
 the  other days  he had a fresh  look; the doctor came a little before
 eight o'clock in the morning; he  Avas over the spell  when the doctor
 came ; the doctor said when he got them again I should send for  him.
 In a few days after he got them again ; doctor came up at seven o'clock
 in the evening;  I  sent for him ; this was on  the 2d of August; a  man
 by the name  of Smith Avas in the cell with him ;  both doctors came
 up—Dr. Seip and  his son ;  doctor said I should go in first alone so that
 he could see hoAV he (Laros) behaved when he did not knoAV  the doctor
 Avas there ; I Avent in  and  sat aside of him ; I sat so as to hide the doc-
 tor ;  the doctor Avaited outside where he could  see the prisoner without
 being seen by him ; then he got one  of those spells ; he was lying on
 his left side; he Avas shaking, had his hands clenched,  thumbs inside ;
 in the  face he appeared as he did before; I said nothing to Laros about
 sending for the doctor ; sometimes these spasms  lasted all day ;  each
 spasm  would last ten or fifteen minutes ; betAveen the spasms  he would
 lie doAvn on the bed as if  asleep,  then get up and sit on the bed  and
 then lie down again ;  he talked about going a-fishing and said he saw
 such nice things on the wall he had to laugh ;  he  said  foolish  things;
this was betAveen the spasms ; he Avould sometimes Ayork at his pockets
and be stuffing things in them and talk about catching black bass; his
talk Avas very foolish ; the doctor tried experiments  to  see if he  was
conscious during the spasms; he did not Avince ; doctor held  the flame 
102
of the light to his bare foot, but he did not move ;  his face Avas turned
toward the doctor ; he did not appear to know anyone;  I sat  by the
side of him ; he did not notice anything ; I watched him closely ;  then
the doctor heated some wax and dropped it  on his face,  his forehead
and his ankles; the first time  the  doctor came he  took a knife and
jabbed him on the back of the hand till the blood came, but he did not
flinch ;  he  tried a  hot  key on the prisoner's hand and his  ankle ;
it Avas so hot that Whitesell could not hold it, but Laros did not move ;
on that evening, August 2, the doctor dropped hot wax on his foot and
ankles; he did not move  at  all,  he seemed unconscious ; doctor was
going  to  try  something else;  I said it was  cruel; I said that to the
doctor outside the door ; he never moved at all and I told the doctor
not so do so any  more, as it was cruel;  there were blisters on him :
then the doctor put snuff up his nose while he had a spasm : he did  it
three times and Laros did not sneeze, but after the spasm  he sneezed
once:  doctor  threatened  to  pour boiling water on him ;  the doctor
said, "Hand me that boiling water:" he said it loud : Laros  Avas  in  a
spasm : they made a move to  get it, but got some  cold  water instead
and threw it on him: he paid no attention  to it at all: he did not
Avince: Laros  complained next morning  that bed bugs and roaches
had bitten  his  feet  the  night before  and that he Avas going to  wear
stockings :  I never told him the doctor was there :  after he Avas burned
(the next day) he said the bed bugs  or  roaches had bitten him when
he saAV the sores on his legs: on the 5th of August he had another:  it
was aboutf the same way : he Avas dull the whole day before : he would
always say he  felt  good,  though he  appeared dull: sometimes the
spasms Avere hard, sometimes  milder: on the 17th of July he had the
hardest: that time he tore his shirt all to pieces : he might have a half
dozen  spasms in an  hour:  during the day before and the day  after
these attacks he seemed bewildered in his mind : on the 17th of July,
after the spasm, I asked him Avhat he thought of it: he said, "Reed's a
good man,  he gives me bread,  and so is Mr. Whitesell:" I think  he
Avas not in  his  right miud : Avithin the two  hours preceding and follow-
ing a fit I don't think he was in his right mind : I saw the doctor run
his thumb nail two or three times across Laros' eye-ball during a spasm
Avithout producing any effect, he  did  not seem to feel it: the doctor
may have pressed his nail under the prisoner's thumb nail I don't re-
member about that.
   Cross-examined by Mr. Fox—He had six spells : the last on the 5th
of August:  the doctor Avas present at two,  on the 21th of July and on
August 2, perhaps also on August 5 : he had as high as six spasms  at
one time: on the 24th of July the doctor  got there  one and one-half
hours  after I  first found the prisoner : I don't think he had convul-
sions Avhen the doctor came:  Mr.  Whitesell Avent for  the  doctor: the
doctor got there about half-past seven :  I think the doctor saAv him  in
convulsions twice: I am sure the  doctor saw him once in  convulsions
Avhen I Avas present: on the 2d of August the doctor Avas with him two
hours and tried the experiments alluded to:  he had  as high as six con-
vulsions  in succession after intervals  of about five minutes : Avhen  he
 was in these convulsions  his  face was very pale, hands clenched and 
103
 feet stretched out and grinding his teeth :  he Avould lie so ten or fifteen
 minutes: maybe it would be five minutes between the spasms :  when I
 put the men in to  hold him was the time when he threw himself about
 most: during the spasm  his mouth was shut, his eyes shut and he Avas
 deadly pale and would lie  stiff  and  rigid: he tore his shirt after the
 spell Avas over:  he tore  his shirt only once:  I held  him once  myself
 when he began tearing the sheet: he tore it Avhen  the spasm Avas over:
 except at these times he had a good color: after a couple  of hours he
 would say if I asked him hoAv he Avas, "Pretty  Avell,"aud when I asked
 him if he could eat he would say, " Yes:" Avhen I observed he  looked
 pale the day before and the day after, if I asked him  a question  I got
 sensible ansAvers from him, short answers, "yes" and "no" and "1  feel
 pretty good:" he would ansAver my questions :  I Avould have to speak
 first: he never had much to say in the jail : didn't express any appre-
 hension as to Avhat would become of him that I heard: when he had a
 good color and was not dull he  would come out in the corridors and
 talk some Avith the other prisoners: after the 24th of July I put  Mon-
 roe Smith in the cell with him to stay Avith him.
   By Mr.  Kirkpatrick—He might  have had spells after the 5th of
 August  and  I  not know of it.  I have found him  very dull  in the
 morning sometimes and the bed clothes scattered around.   I didn't ask
 Monroe Smith.  Don't remember whether the doctor  was  there more
 than one night or  not.   He might have been.   He was there the first
 time in the  morning and the second time in the evening ;  that was the
 2d of August.  He stayed about tAVO hours then.   The doctor might
 have been there another time without my knowing it; I don't remem-
 ber.
   By Mr.  Fix—His bed  clothes Avould be  rolled up  in a heap,
 bunched up.
   By Mr. Kirkpatrick—I found the bed clothes twice on the floor.
   William A. Horn, sworn.—Examined by  Mr. Scott.
   Q.—Do you knoAV the daughter of Mrs. William Berry ?
   A.—She lived at my house three months ago.
   Q.—State whether she  was of sound or unsound  mind.
   Mr. Fox—Objected to.   Let us have your proposition.
   Mr. Scott—Defendant proposes to prove by the  witness that the
 daughter of Mrs. Berry (a grand-daughter of Robert  Levers, Avho Avas
 an uncle of the mother_of defendant), was and is insane and has been
 for years.
   Mr. Fox—Objected to  by the  Commonwealth  because the relation-
ship between the person in question and the prisoner is too remote.
   The Court—Objection sustained and exception noted.
   James Monroe Smith, SAvorn.—Examined by Mr. Kirkpatr'uk—
I Avas confined in the jail  on the charge of obtaining credit at a hotel
by false pretences; the charge was made by Wm. Lilly, of Bethlehem ;
the bilhvas ignored by the grand jury ; I was requested by Dr. Seip and
Mr. Reed to occupy the cell with Laros on Monday, July 24, I think ;
that night nothing"special occurred ; we Avere both up pretty much all
night; Ave slept part of the  night; noticed  nothing in particular until
the next  night;  after they closed up  in the evening 1 Avas sitting on 
104
my bed reading; he attracted my attention first by gutting 1 us ket  ,
his feet and hands Avere trembling ;  that continued  for aboutjive < r
ten minutes ;  he Avas lying on his right side, his arm part y under  nw
head ;  when the spasm was over he was restless; he would turn over
and in five or ten minutes after he Avould have another; he had nve or
six between eight and  ten o'clock ; I laid down in my  bed and some-
time after, perhaps  an hour, I saw him rise up in bed ; 1  spoke> to
him two or three times, but he  made  no answer; then he got oft the
bed took off the blanket, put it on the floor and  sat down on it; then
he got  up and got a piece of willow off the shelf, the kind that baskets
are made of,  also some string out of his pocket; then he sat on the
floor about an hour and a half;  he never looked at me or noticed me;
finally he got up, Avent to his coat, which was hanging on  the Avail, and
felt in  his pockets ; I asked what he Avas looking for and got  no an-
swer ;  then he  sat down  in the corner where there was some waste
paper  swept together;  I noticed he had something in his hand ; it Avas
a match ; he struck it  and lit the paper ; then I  put the fire out; he
paid no paid no attention to me: he Avent back  to the same  position
on the  blanket; he mumbled something ; all  I  could  make out was
"fish, fish ;" this was after he had lit the paper ;  he was that Avay all
of one and a half or two hours ;  he got up several times ;  it was about
the same way each time; he mumbled about fish ; then he went to bed
again, and got up three or four times; I spoke to him a dozen times or
more,   but did  not take hold of him ; he did not notice me ;  he was
restless all night;  his breathing Avas unnatural,  like  a drunken per-
son's ;  I don't think he  slept; he  appeared  to be in a stupor,  like a
man intoxicated ; he got up a little after six o'clock next morning; he
appeared dull and stupid all day ;  he  acted  stupidly ; didn't  answer
unless he was  spoken to; this stupor  continued  twenty-four or thirty
six hours; I noticed him particularly, closely ; the doctor  Avanted me
to watch him ;  he didn't get rid of his stupor until  the  next  morning
afterwards; between  the spasms I  never could attract his attention ;
he Avas not bright during the week ;  at  times he Avalked in a stagger-
ing way, Avith eyes cast down ; the first Aveek I think he had the spells
every other night;  he  had three that Aveek ; he had spasms similar to
the ones I have  detailed ; that Avas  the only night he got up that
week ;  they usually began about eight o'clock in the evening ;  I  saw
him have spasms on Tuesday, Thursday and Saturday nights of that
week;  his hands  Avould  sometimes be  doubled  up  and sometimes
straight out; sometimes the spasms would be slight, sometimes severe;
they would continue about two hours;   I  didn't  think  he was very
bright  at  any  time during  the Aveek ; he walked staggering,  with a
scowling look; he walked as if dizzy ; he complained of his  head be-
fore and after the spells ;  the wThole week he was about the same Avay ;
he  complained  a good  bit  of his  head  and also his throat after a
spasm ; he had  spells twice during the  next Aveek;  he  would talk of
fish and snakes  during spells, and  of them  only ; he always talked
about  the same  things  and acted in  the same way ; one night  in the
second week after a spasm he was feeling around over the bed,  and I
asked   him what was the matter, Avhen he said, "Snakes, snakes;" he 
105
 said this some little time after my question ; I don't know  Avhether it
 was in answer to it or not; he  would look  down  steadily, then care-
 fully piek up a piece of ravelling and put it in his pocke't; the same
 Avay with bits of paper ;  the next week he had  them three nights ; the
 spasms all came on from seven  to nine in the evening; the afternoon
 before he would have them he would  act like he did on the day  after
 he had a spasm ;  I could tell when they were coming on ; I was told to
 watch  all  his  actions  carefully;  the'doctor  was there twice in the
 night; I saAV the doctor try experiments; they  occurred  just as Mr.
 Reed explained  them;  the  statement  by Mr. Reed was correct;  he
 didn't seem to feel them at all  or take any notice of them Avhatever;
 the next day he said nothing  about the doctor being there; he didn't
 appear to recollect it; the experiments with the key were made on the
 first night; the others Avere made on the second night; prisoner mani-
 fested  no feeling upon  their  application; the day after the doctor's
 visit he kueAV nothing about the visit; he  told  me he thought the
 cockroaches  must have made the sore spots on him ; on one Monday
 there were several of his sisters to see him ; on the next Wednesday I
 asked him about them  and he  said they had been there, he believed,
 the Aveek before ; he denied their being to see him on Monday ; he had
 a spasm on that Monday night and every night until the  end of the
 week ; those last Aveek  were not  so severe;  he had spasms on last
 Thursday, Friday and Saturday nights;  the last night I spent Avith
 him was last Saturday [Aug. 19] ;  I  tried him once  with a piece  of
 hot brass, so  hot that it marked his hand; it burnt a blister on his
 hand ; he didn't see me heat it,  as he lay the other   Avay ; but he did
 not notice it, he kept on  trembling  [in the spasm] ; he did not move
 his hand ; he did not ahvays grit his teeth ; when the  spasm Avas se-
 vere he did;  one time the doctors came and left a Avash to put on the
 blisters raised by the  experiments;  next  day  they  came again  and
 asked the prisoner Avhere he got  the Avash for the blisters; he said Mr.
 Reed gave it to him ; don't think he Avas in his right mind while those
 spells Avere on him ; never Avas three days Avithout the spasms;  he Avas
 brighter when the periods between the spells Avere longer ; before  and
 after spasms he Avould answer intelligently sometimes, but Avould  have
 no recollection of it afterwards ;  I don't think he Avas in his right mind
 at such times.

                   Friday Morning, August 25.

   James Monroe Smith  on the stand.—Examination by Mr. Kirk-
patrick continued—Was present  tAvice when the doctor performed his
experiments.   Mr.  Whitesell  and  Mr. Reed both said he should not
be  tortured any  more.   I heard  Mr. Reed's  testimony.  I saw the
tests  applied;  they  Avere correctly  described.  Mr.  Reed and  Mr.
Whitesell expressed themselves satisfied.   When in a spasm he didn't
lay perfectly straight;  he lay in  all positions, on his sides, back  and
face.  I noticed blood on two occasions; it proceeded from  the nose;
it Avas dark and didn't look fresh, as though it  had  been in the nose
some time.   I noticed it one morning when he had a fit the night be-
fore ; I noticed blood  on  his  shirt and hands.  The first time I saw 
lOo
the blood  was the  evening following a fit.  It was on his shirt and
hands.  1 saw blood on his hands and clothes twelve hours after  one
of his spells;  it came from his nose.   He got it on his hand and I saAV
him rub it on the bosom of  his shirt.   During  the  spasms his eyes
were about half closed, the eyes turned toAvard the nose.  I never no-
ticed the eyeballs red.  I never saw them so.  They  might have been
and I not seen it.
   Cross-examined by Mr. Fox—Don't think I was ever in his cell until
I was called in to stay.  I told him I was coming in  to stay with him.
I Avent in about the middle of the afternoon on the 24th of July.  The
cells Avere locked about eight o'clock.   The first  spell occurred  on  the
second night I Avas in.  It was July 25.   He had them Thursday and
Saturday of that week and Wednesday and Friday of the  next week,
and on the  Aveek following that he  had  three,  and the first week of
Court  he had  them  on  Thursday,  Friday and Saturday.  I might
have said something to him on Thursday  about the progress  of the
trial.   On  Friday he asked  more for  information than  to tell any-
thing,  lie asked  me what I thought of  Mr. Scott as a lawyer.   I told
him I thought he was doing all he could  for him (Laros).  He Avas
pleased with the ansAver, seemed pleased.   He had fits daily before the
swearing of the jury.   He didn't go fishing those three nights.  I don't
think they Avere any pretended fits.   Some things I  asked  him about
the trial he said he didn't remember.   I  don't think  he was rational at
the time.  He did not seem to remember.  I never saAV but one  person
have epileptic fits before.   I  am satisfied by the tests that  he did  not
pretend to  have spasms. I knoAV from his actions.  If a man stood  the
test of red hot iron on  his  feet  on  two successive occasions and
broke down on the third [as  narrated by Mr. Fox to the witness] this
Avould not alter my opinion as to the genuineness of  his  [Laros'] fits.
Between the spasms he would  have  but very  little  more color than
during the spasms.  The greatest paleness Avas before and  during  the
spasm>.  He Avas very pale during the tests.  He Avould  not  get en-
tirely over the paleness until twelve hours after the spasms were )ver.
Sometimes during the trembling spasms  the hands would lay out nat-
urally.   When his hands Avere clinched together bis  thumbs were in-
side.   I never saw his thumbs otherwise  Avhen  his  hands  Avere closed
at all in a spasm.   He generally gritted  his teeth without much move-
ment,  of the mouth.
   Theodore  Whitesell,  sworn.—Examined by Mr. Kirkpatrick—
I am  the Avarden of the prison and Mr. Reed is  the  deputy.  His  du-
ties are inside and mine in the office.  I went  in sometimes when I
Avas called.  I saw the spells on Laros.  I Avas in an hour at one time.
I was there Avhile the doctor was there.  The doctor was there  August
2 and 7, both at night.  I remember the time the cell Avas flooded with
Avater; that was on July 24.  Then Dr. Seip requested us  to put some
one in.  Monroe Smith was put in just after that. I Avas  there when
the doctor applied his tests.  The doctor  applied the  hot key to me
and I couldn't stand it.   This was after he had applied it on Laros ; be
didn't manifest any sensation;  he did not seem to feel  it.   I saw the
marks of the sealing  wax.  I did not see it dropped  on.  After the fit 
107
was over, that time he let the water run, I walked him up and  down ;
he seemed very weak.
   Cross-examined by Mr. Fox—Since  July 24 I saw him every day
When  Ave  locked up.   He Avould answer me when I spoke to him.
He kueAv me these times when he  had no fits on.  He never called
me by name.  I  never noticed anything unusual in him when I took
him out and into the Court.   He would say it Avas warm when I asked
him whether it w^s warm.  When he returned from the Court House
last Thursday, Friday and Saturday he Avalked as Avell as usual.  Ob-
served nothing in his manner or conversation to iudicate that anything
was Avrong.  He  seemed pretty much like other  men.  Noticed noth-
ing wrong mentally about him.
   By Mr. Kirkpatrick—I didn't pay particular  attention.   He never
talked much.   He Avas a very quiet prisoner.
   By Mr.  Fox—I thought the convulsions Avere  genuine.   To me the
tests were satisfactory.  Before that I had not made up my mind.
   Dr. Amos Seip,  SAvorn.—Examined  by Mr.  Kirkdatrick—Have
practiced  medicine twenty-nine years, nearly tAventy years  in Easton.
I am physician of the jail.  Plave been since  December, 1875.   Have
been  physician to the jail at different times for  the last fifteen years.
I saAv Laros at different times.  I think I  saw him the day after  he
was arrested or the day after that.  The first time I saAv him he com-
plained of a very severe headache, and I prescribed for him.   I think
Mr. Reed sent for me on the morning of the 24th of July.  He sent
in consequence of my request.  I  was there the morning the coll Avas
flooded.   He Avas in  the cell opposite the one in which he Avas usually
confined.   Prisoner  was on  the  bed  (this Avas July 24), barefooted,
acting in a wild and  incoherent manner, talking about fishing, seeing
water snakes, &c, nonsensical talk.   He Avas  lying and  sitting alter-
nately.  He Avould pick at small objects, take them up and put them
iu his pocket.  Any  bright  object he  Avould endeavor to get hold  of.
His pockets Avere stuffed Avith bits of paper and such things.  He tried
to get the warden's shoe-buckles and  the bright tips of my shoe-strings.
I asked him to Avalk.   He seemed not  to  have  control over his mus-
cles ;  no control of his limbs.  I   thought  he  was shamming.  I per-
suaded him to go out in the corridor.  He consented  to  go  if one of
the prisoners would go Avith him.  The attendant paced up and doAvn
with him.  As he Avalked the gait greAV steadier.  I found  his pulse
very weak and feeble, skin cool and pale.   At that time I kncAV noth-
ingof his  previous history.  I had tried to avoid him.  I avoided  the
case before this, but being draAvn into it and finding it necessary I  de-
termined to ferret out the case.  I directed that  some one  should  be
put in the cell with him.  I selected  a man for the purpose, Mr. Reed
and I together.   I examined several  before I  found  one of  sufficient
intelligence.  We finally settled  on Mr. Smith.  I didn't mention our
iuteutfon to the prisoner [Laros] at the time.   That morning he was
very dull.  It was difficult to get him to comprehend Avhat  I wanted
him to do.  I left directions to be sent for.   If my memory is right as
to the date on the 2d of August I was sent for.   Was sent for twice at
nio-ht according to my directions.  On August 2 was sent for at night. 
108
 I told Mr. Reed to go into the cell and ray  nothing  about my being
 there.  I stayed outside the cell while Mr. Reed's body hid  me  from
 the prisoner's view, while I could see him.   As I  stood  there 1 ob=
 served he lay on the left side in a semi-prone position.  Soon saw  him
 shaking and trembling.   After  that,  as  soon  as  the spasm began, 1
 went in,  still  keeping behind Mr. Reed.  I studied him some  little
 time to see the character of the convulsions   That was my  first  view
 of them.  The  spasms  Avere confined principally to the hands  and
 loAver  extremities;  hands  Avere clenched and thumbs inverted ; his
 eyes  Avere nearly  closed ;  his  face Avas motionless, or nearly so, and
 A-'ery  pale.  I  examined  his pulse;   it  Avas  about 85;  respiration
 slightly increased ;  skin and surface Avere cool.   He did  not  seem to
 recognize  me at all.   I then pinched him with my fingers Avith all my
 might and found him completely insensible.  I took out a pocket-knife
 with a large, dull blade  [shows a  knife]  and  jabbed him upon the
 back of his hand  till I drew blood.  I stuck him four or five times.
 He did not flinch.   He could not have seen  me do  it even  if he  had
been conscious. He Avas perfectly insensible during the spasms. During
 the spasms there was rigid  contraction of the muscles, Avhich passed off
 with the spasm.  After the knife tests I took the lamp and Dr. M. S.
 Seip held the flame under the prisoner's bare foot until I Avas afraid to
have it  remain there longer and told him to  take it aAvay.  He [Laros]
 manifested no sensibility.   I then heated a brass key so that  nobody
there could bear it and dreAv it over his feet, ankle and legs without  a
sign from  the prisoner; also drew it over the temple with like negative
 results.   He did not manifest the least sensitiveness.  I heated it twice
 and  applied  it.   I  might as well have laid it on  a piece of iron.  I
had  been suspicious  of him before that.   I was nonplussed, puzzled.
 As he came out of the spell he became violent.  He sat up on the  bed
and talked very incoherently.   He  made  use of his usual expression,
 "I Avili knock you to pieces," and a constant  talk  about fishing  and
 catching black bass; also  incoherent  talk  about  Easton  policemen,
 "I'll fix 'em."   Upon examining him  further I observed that the skin
 Avas off on the side of his forehead.  The AAarden told me  that he  had
seen scabs there.  It looked as though  he might have either rubbed
 off the skin on the Avail or on the rough pillow.   There Avas an exuda-
 tion of serum on the abrasion.   While  Ave had  him  on the bed,  and
 trying to get him to ansAver something rational, he  greAV  violent  and
 called for Reed.   Mr. Reed Avas in the corridor Avith his lantern.   He
 [Laros] then made  the remark that Mr. Reed Avould protect him.  Mr.
 Reed came up, but  the prisoner  did  not  seem to recognize him.   He
 grabbed the lantern Avith his teeth.  It took considerable force to get
 it aAvay from him.   Then  he tumbled over on the bed again, Avould
 groan and grind his teeth.  After that he  gnashed his teeth and Avent
into another spasm.  Three or four occurred at intervals of ten or fif-
teen minutes.  We left then after being there about an hour.  I  left
 word that if any similar attacks came on I should be sent  for.  I  Avas
 not perfectly satisfied.  I went there the next morning ; I  found  him
dull and stupid.   He did not seem to understand.   I tried by a cross-
examination to ascertain if he knew I  had  been there the  night before. 
109
He did not answer inteligently,   The wounds he  referred to bugs  or
roaches, Avhich he said must have come from  the  water  closet.  That
morning I Avas there half an hour.  Got there about nine o'clock. He
was in his cell. * Did  not see him out of it.  He certainly Avas not
rational that morning.  The next visit Avas on the evening of  August
7 [or August 5].   I got there about seven o'clock.  I was sent for by
the warden.  When  I  got  there I sent Mr. Reed in ahead as before
so as not to let the prisoner  know I was there.   I  Avatched from the
outside.  I Avent into  the cell when I saw  the  convulsion  was  com-
plete.  I  iioav  tried  to act on  the prisoner's fears to learn if he Avas
conscious.  I had a previous understanding  with Mr. Reed.   I said
loudly that it would be necessary to pour hot water on his limbs.  My
manner Avas positive.   I told  Mr. Reed  to go get the boiling Avater.
We stripped of his shoes and stockings and dreAV  his legs out  of bed.
We dashed on Avater  as cold as possible that he might  be thrown off
his guard by the shock.  You  might as Avell have thrown it on the
ground.   He did  not  manifest the least sensibility.   He made  no
quiver.  This test has been  recommended by  some of our leading au-
thorities.  It is regarded as a sure test.  Is  used  by London police-
men.  I next thrust my thumb nail under his with  no effect. I pressed
Avith  all my might.   It amounted to nothing.  It made no impression
on him.   I next used Scotch snuff. My  back  hid my manipulations
from the prisoner.  I took a straw and filled it   with snuff and puffed
it up his nostrils.  He lay three minmes trembling.  When he came
out of the fit he sneezed once or twice.   This sneezing  Avas after  he
came out of the fit, not before.  Aitken gives  a case of feigned epilepsy
Avhich was detected by sneezing for half an hour by the prisoner after
applying the snuff [see Aitkin's  Prac. of Med., vol.  2, p. 858].   I then
got the sealing Avax.  After baring the limbs I took a stick of the Avax,
held it in the flame until it  blazed up and dropped eight or  ten  drops
of burning Avax on the foot and ankle.  It flamed on the skin, but  he
o-ave no motion.   I thought that might not be sufficient, but the war-
den complained that  I was  unnecessarily severe.  I, hoAvever, dropped
several drops on his temple, both sides.   He  did  not seem to feel it  in
the least.  He Avas perfectly unconscious.  The scars are there yet.
One small drop  accidentally dropped on the left eyelid, which I  at
once removed.   The  Avax adhered firmly to the skin and on removing
it the skin came off Avith it.  On account of these sores he was unable
to Avear his shoes and stockings for several  days.   [The bare foot and
ankle of the prisoner Avere shoAvn to the jury.  Dr.  Seip pointed out
the unhealed sores made by the Avax and also called attention to the
scars on his temple and eyelid.]   One of the places is seen to  be sup-
purating even now and it is about eighteen days since it Avas  burned.
The scars on his hand Avere made by Mr. Smith with a hot rule.  The
Avhite of the eye was  very red, skin pale, pulse about 85 to 87, small
and weak ;  respiration accelerated.  He had three  or  four,  possibly
five spasms that night.   During the interval he  used  his stereotyped
phrase "I  will knock  you to  pieces" and the same incoherent talk
about fishing, always the same strain.   One queer thing I noticed that
evening.  It had been accidentally discovered  by  Mr.  Smith that if 
Ill)
you would fix your fingers claAV-like and make a motion  toAvard him
he would shudder.  I advanced toward him with claw-like fingers and
he  thrust himself down in the corner with the most.terrified counte-
nance I have ever seen, a physiognomy betokening mortal dread.  Me
would crouch down in terror and hide his face in the bed  clothes and
then gradually peep out again.   I practiced this until I thought to do
so any more AA'Ould be unnecessary cruelty.  Before the spells came on
he often complained of pain in his head, as though mice were nibbling
there.  I noticed  the gritting of the teeth in these spasms.   His  hands
Avere clenched, thumbs turned in and some  moaning at these times.
Epilepsy is often preceded by a peculiar feeling—the  aura epileptica.
Ho complained of a feeling which would originate in the bones of his
lower extremities and rise gradually to his head.  I suppose he felt  an
aura.   There is  nothing regular  about  it.  It is sometimes in the
thumb, sometimes in other parts.  This patient Avould describe  it as a
guawing in the bones.  My son  Avas  Avith me on this occasion [August
7].   We Avere there about tAvo hours. The white of the eyes Avere red ;
in one of the spasms I noticed a squint.  I visited  him daily for some
time.   Next day he appeared stupid  and  unable  to  remember Avhat
had occurred.  He said the roaches must have bitten him and wanted
them kept out.  I gave him a soothing application for the  ulcers re-
sulting from the experiments.   The day after I gave it to him he
brought it to me and said Mr. Reed gave it to him, and  asked Avhat I
thought of it.  I  don't  think  he had a connected thought that day.
He seemed to lack the poAver of concentration and  attention.   I could
hold no connected conversation with him.   I Avas  there from half to
three-quarters of an hour. someAvhere betAveen 9 and 12 in the morning.
This was while I Avas examining his head  he greAV indignant and com-
plained bitterly  of  my  hurting his head and tried to get away from
me.  He jerked aA\ray.   This Avas after the second attack  that I saAV
him.  I thought his mind was affected for three days after that attack.
I visited him on the third day.   His mind Avas not  as it should be.
He did not seem to be himself.  But on the fourth day he was as clear
as a bell [August 11].  Can't SAvear as to dates positively,  but can to
the facts.   When he Avas  sitting up between  the spasms that night
[August 7] he Avould pull his hair.  I made the experiments to ascer-
tain his physical and mental condition.  From my observation of him
and experiments upon him I believe he had epilepsy.   In my opinion
he Avas suffering from that disease.   Epilepsy does not exhibit  all the
symptoms of a typical case at all times ; they differ often in the same
individual.  I have examined eminent authors upon this  subject and
studied it somewhat.   I have examined the treatise of Echeverria on
epilepsy.  He is considered high authority on epilepsy.  I  have read
the article  on epilepsy in the new edition Am. Encyclop., by Dr.
Brown-Sequard and revised by Dalton. William A. Hammond's work
on the nervous diseases is among the standard works.  I prefer Eche-
verria to  Hammond,  whom I think might be  prejudiced on some
points.  I have examined the  pamphlet  of  Echeverria on Epileptic
Insanity, a paper read before the Association  of Medical Superintend-
ents of Institutions for the Insane at Baltimore, 1873.  I think he men- 
Ill
 tions over 500 cases.  Prof. Wood is among the highest  authorities on
 this subject.  Wood refers to the different expressions of the attack  at
 different times.   I have examined Echeverria on  "The  Criminal Re-
 sponsibility of Epileptics" and consider it a  reliable Avork.   Brovvn-
 Seipiard's statement as  to the variety of epileptic seizures I agree Avith.
 I agree with BroAvn-Sequard that continued epileptic seizures may lead
 to insanity.   The essential feature of epilepsy is loss of consciousness
 with or without muscular contraction.  Epileptic  insanity is regarded
 as more frequently the result of the milder form  of  epileptic seizures,
 especially Avhere the seizures  are  frequent in  number.   The seizures
 may range  from the more insignificant petit raal to the most profound
 grand mal.   Both these varieties may exist in the same individual and
 often lead to a state of  melancholy.   In my experience I have  noticed
 the nocturnal variety.   I Avould put the prisoner's case under this class.
 Some cases  recorded by Echeverria, Ray and Clymer whose minds were
 affected by  the fits, although ordinarily no exhibition of an  unusual
 character took place Avhile carrying  on  ordinary  business pursuits.
 Cases have  occurred Avhere the patients, suffering  from epilepsy, after
 the fit and while the effect of it Avas still upon them, Avouldseem to act
 rationally, but really have  no knowledge of  what  they were about.
 After an  attack the miud may be stupid or irritable, or even  violent
 rage may be excited by the smallest  provocation.   [Mr.  Kirkpatrick
 here reads from Ray on Insanity, pages 475 and 476, where it  is said
 the symptoms may vary and that the ordinary stupor may be changed
 to violent irritability.]   I  agree with  that.   I  have  noticed those
 symptoms in the prisoner.
  The Court, at the objection  of Mr. Fox, here interposed in regard to
 the Avay the medical works were being used and said  that  it was not
 the testimony of the Avitness, but of the books, that  Avas  being  taken.
 The defence did not press the  point.  The books were laid aside on the
further examination of  the Avitness.
   Witness continues—The symptoms may vary greatly in different per-
 sons.  Epileptics are generally pale during the seizure ; there may be
 no redness at all.  The  books  generally put a typical  case.   Cases in
 practice don't usually tally Avholly Avith a typical case.  The resulting
 mental aberration is usually due to the greatness  of the  number and
 the frequency of the seizures.   The more  frequent and  the greater
number the  more the  mind  wall  be affected.  Epilepsy is more fre-
 quently productive of mental disorders than any  other disease.  Sev-
enty-five per cent result in deterioration of the mental faculties. Every
 convulsion almost always leaves at least some momentary effect upon
the mind ; a seizure almost ahvays  deteriorates the  mind someAvhat.
From my observations of the prisoner for the period within twenty-four
hours after the attacks I do not think he was strictly  rational.  Upon
one occasion I saAV him  six to  eight hours  before an  attack.   He ap-
peared dull  and gave imperfect answers.  Always complained of pain
in his head.   This was in the afternoon of August 2.  During the day
before the seizure I did  not think his  mind  was   clear.   It Avas  only
upon one occasion that  I saw him  immediately before an attack,  how- 
112
ever.
       I don't think he could  then or at such  times calculate  the
effects of his acts.  I heard the  Testimony as to his  symptoms and  Ins
actions during the Aveek of the occurrence [poisoning]  as  detailed by
the witnesses, assuming it to be  found true by the jury,  and from  my
observation of him in the jail, I am  led to form an  opinion that on  the
evening of Wednesday, when the alleged act  of poisoning  was com-
mitted, he was not perfectly sound in his mind at  its  commission.  I
don't think he was fully responsible at  that time.
  Q—From your knowledge, experience and study would the presence
of an apparent motive for an act done  by  the person  be possible to
exist while such person was laboring at the time  under  the  influence
of epileptic insanity?
  Mr. Fox—We object to that.
  The  Court—You may ask that question.
  Witness—The  question is hard to  ansAver, because it  involves more
than I  know Avhat to do with.
  Q.—Have there been such eases on record Avhere persons have acted
apparently from  motive and yet Avere laboring at the  time under  the
influence of epileptic insanity so far  as your  reading, study and per-
sonal observation have  gone?
  Mr. Fox—We object unless the Avitness  can answer  from his own
knowledge and personal observation.
  The  Court—Objection overruled.
  Witness—I think I have read of two cases.   Don't think I ever met
any in  my experience.   If my memory  serves me I have met two such
cases in my reading.  In the Avorks  of Morel and Falret.
  Cross-examined by Mr. Fox—I have seen quite a  number of cases of
epilepsy ;  have had tA\o cases of epilepsy uuder my continued obser-
vation five or eight years ;  have seen twenty  or  thirty  cases  since I
began practicing, perhaps forty  ; of  the cases I have had four or five
became insane; they Avere  all  violent;  I think  their friends kept
them;  don't think any of them  Avere committed to an insane asylum ;
they had been subjects of epilepsy to my best knoAvledge four, five,  ten
or fifteen years before they became insane ; of the balance of my cases
a large proportion became  imbecile after four, five,  ten or fifteen years ;
never knew in my experience an  epileptic to become  insane in less
than about four years ;  I have no recoid of the cases ;  those  who Avere
attacked oftenest Avere affected in mind soonest; I  don't think I can
remember any cases Avhich became insane in less than four years ;  the
frequency of paroxysms varied in the different patients ;  their  parox-
ysms Avere from one day to three months apart;  from my recollection
the  oues attacked the oftenest became  insane soonest;   have known
them between attacks to attend  to their  business  and  to  continue in
this way for years; some of them Avould go about their  affairs as soon
as the fit Avas over ; epilepsy is often feigned, and Avhere the supposed
subject is under an accusation of crime,  tests  must  be  resorted to in
order to determine Avhether the  epilepsy is genuine  ; my opinion of the
nature  of Allen Laros'attacks  is  formed  from  my OAvn tests; that
coupled with the testimony of his friends as to his previous  symptoms
and condition leads me to believe he Avas mentally unsound ; my opin- 
113
ion of the state of his mind at that  time  [Wednesday evening, May
31], depends upon the statements of his friends and my oAvn  observa-
tion ;  I assume the testimony as given  by his friends here to be  true ;
don't remember anybody  testifying to an  attack betAveen  those at
Mann's and the one in the fall of "75 :  according to the testimony  the
convulsions at Mann's occurred  about four years ago ;  if the convul-
sions at Mann's were caused by  a tape worm, Avhich was removed, and
he had none until tAvo months  before  his father's  death, my opinion
might be altered ; the presence of a tape worm might explain the first
convulsion at Mann's; I myself never saw insanity occur in less than
four years after the first attack of epilepsy and in  those  cases the at-
tacks Avere frequent; there are plenty of cases  in the books Avhere  the
mind deteriorated  after  one attack; his  forgetfulness and  naivete
might be assumed ; he could  have assumed the non-recollection ; if he
Avas feigning the fits that I saAV it Avould  alter my opinion as to  his
mental and physical condition, but  he was not feigning ; utter unocn-
sciousness during the fit is characteristic of epilepsy ;  a Avant of recol-
lection of Avhat happened  during the period  Avhen he seemed to be un-
conscious would be strong evidence  that he really was unconscious ; if
he were able to detail what happened during the fit afterward  I would
then conclude the fit had  been feigned; if he went on  quite as  usual
Avith  his  daily avocation this would not change  my opinion, not with-
out something else; a man might conduct his  school, going through
the ordinary routine of teaching, and yet  be unsound in mind;   he
might go through some of the ordinary kinds of reasoning and  teach
his pupils correctly two days  and at that time be incapable of judging
right from wrong; this would not be extremely  improbable; an epi-
leptic patient might go through  the routine of teaching mechanically
and yet be affected at the time Avith epileptic insanity ; I don't say  he
would teach intelligently, but he might do it mechanically, automatically ;
he might do it so that he would not be suspected and  yet at the time
be entirely under the influence of epileptic insanity ; this seems to  be
the doctrine of modern Avriters ;  I thiuk you Avill find it in EcheArerria
and Ray.    [The Avitness here  reads a passage from Echeverria's
pamphlet, "Criminal Responsibility of Epileptics," page 61 (or see the
same in American Journal of Insanity for January, 1873), the case of
a young man Avho became epileptic  after a fall.  He  Avould suddenly
become unconscious in the midst of conversation and in a leAV  minutes
regain consciousness, entirely unaAvare of his condition.   After one of
these attacks he Avent into the street, took a horse and buggy which he
found tied, rode to his father's grave, plucked  floAvers,  returning gave
them to his mother and invited her to ride.  But she told him to take
the horse to its owner ; instead he put the horse  in  a  livery stable as
his oavu.  The owner considered it a criminal  action.  This caused
much mortification to the family ; but the youth could never  account
for his conduct and completely forgot every circumstance.  On another
occasion he Avandered to New York and shipped  as a sailor.  During
the voyage, a feAV days after  his departure, he came out of the state of
epileptic insanity and expressed great surprise at  finding  himself on
shipboard.   Through the kindness  of the captain and the exertions of 
114
his friends he was returned home.  He had similar attacks of insanity
after nocturnal paroxysms and also after the fits of petit vial.  In the
intervening periods quite rational, but  after the fits very mischievous
and inclined to wander off; also at such times given to violence,   the
witness  (Dr.  Seip)   also  read  of and   related  cases  similar  to
the  above]    Although Laros  were able  to teach  school  three
days  [Monday,  Tuesday,  Wednesday] and  nothing  unusual  was
noticed in his appearance and actions, it Avould in my opinion be pos-
sible that on Wednesday evening he was not capable  of telling  right
from wrong; he might have had epileptic seizures before and he might
at that time be influenced by the effect  of the seizures ; I do not think
he was strictly responsible on that Wednesday  evening, this  upon the
assumption that the evidence in regard  to  his symptoms and actions
is true ; I say no [to the question was he  morally responsible on that
Wednesday evening] ;  I  say, provided  he  was  affected in the way the
Avitnesses testify,  if he had those symptoms [vid. testimony  of Erwin,
p.  86;  Mrs. Walter, p. 88; Maggie, p.  92 ; Clara, p. 95, and Alvin, p.
96.—Ed.]  although he taught school  on  Monday and Tuesday he
would not be responsible on that Wednesday evening ; this is entirely
consistent with the epileptic state.
   Q.—Could  a  man  teach intelligently   Monday and Tuesday, get
poison, put it in the family coffee  pot, take his father's pocketbook,
bury it in the ground, sit down to the supper table  with the  family,
then Avhen they were all taken ill get up from the table, help the sick,
and three days afterward tell just Avhere the money was  hid and yet
be incapable of judging between  right  and  wrong  when he put the
poison in the coffee pot ?
   A.—He could.  I believe a man suffering with  epilepsy could do all
that.   He could even chop a person's head off and not be morally re-
sponsible.
   Q.—From your oavii observation could he?
   A.—From my observation of that man Laros I believe he could  do
all that and not be responsible.
   Q. —Is that founded on your own observation ?
   A.—It is my impression from  Avhat I have seen and read.  I  could
not tell  from any previous  case  because I  have had none such as
Laros' previously.  I have had cases of epileptic insanity in Avhich the
patients might have done all you say Laros did and yet not be respon-
sible.
   I  mean  by  moral  responsibility the   ability to  distinguish  be-
tween right and  Avrong.
   Q-—From your observation alone, prior  to  seeing  Laros, could a
man having epilepsy  have done  what I have  just  mentioned, and
would he be incapable of judging betAveen right and wrong?
   A.—Not from observation alone, because I never had any cases that
correspond Avith Laros' case.   My experience alone, Avithout the Laros
case and Avithout the knowledge I have derived  from  reading,  would
not be sufficient for me to form  an opinion as  to the moral responsi-
bility of the prisoner.
   Q,.—From your past experience, before you heard  of Allen  Laros, 
115
could  in your opinion, a man purchase poison, put it in  a coffee pot,
take the pocketbook, bury it and three  days  afterward  tell where it
Avas? and would he be responsible?
  A—Judging simply from my experience,  Avithout the Laros case
and without my reading, he A\^ould be responsible.
  Even if he could describe his motives for  the  deed  I Avould con-
sider  it  as entirely  compatible with the epileptic state; if he should
minutely describe all the  occurrences it Avould not alter my opinion
[as to Laros'  mental state on  that  Wednesday  night] ;   it would
be  strong evidence  that  he  might   be   responsible;  if he  de-
scribed Avhere  he  put   the  pocketbook   it  would  be  evidence
that   he   remembered   Avhat  he   was  doing,  but  not  neces-
sarily  that  he kneAV  the effect  of what he was  doing;   epileptics
become insane when the mind is affected ; the boundary  line between
reason and insanity may be passed at any moment; an epileptic may,
as a general rule, Avith exceptions, be responsible;  they may be morally
irresponsible Avithout showing any symptoms  of insanity; it  is impos-
sible to tell Avhen an epileptic Avill become insane; he  may  be seized
Avith it at any moment; the exceptions  to the rule  just  mentioned
are tvpefied by an  epileptic Avho had up to a certain time  acted sensi-
bly, hut suddenly shoAved a tendency to steal or do any crime; he may
have been morally irresp msible for some period previous to   the com-
mission of the crime and yet the crime he the first manifestation of his
insanity ;  he may become  insane immediately  before  the commission
of the crime; if an epileptic should appear to be all right in  his mind
and not just after or before an epileptic seizure would commit a crime,
that alone would not convince me that he was  insane ; if he  had suf-
fered from seizures just previously or even some comparatively brief
time before or after I should say he Avas insane; I Avouldviot  be influ-
enced by the atrocity of the crime.
                Friday  Afternoon,  August  25.

  Dr. Amos Seip on the stand.— Cross-examination by Mr. Fox contin-
ued—It is sometimes necessary to use severe measures to detect feigned
from real epilepsy.  Am acquainted with Ray's  Avork.  One  case is
there mentioned where a man  stood for four successive days the appli-
cation of hot iron to his feet without  flinching and  finally  confessed
that he had been feigning.   I tried the sealing Avax a dozen  times on
this one occasion.  I think the wax more potent than iron.   I think it
will produce as much heat if not more than hot iron.  It is  a better
test.   I held the key mentioned in my bare hand near  the  cool end,
but after I had tried the hot end on Laros I put it on Whitesell and
he couldn't stand it.  I don't think a man could simulate epilepsy so
well as Laros did.   I do not think it possible  to simulate to the extent
that this man went in his symptoms.  It is possible for one to simulate
epilepsy, but not to such an extent.   I  don't  think a  person could
stand the tests I subjected  Laros  to  if he Avas simulating.   Am ac-
quainted Avith Esquirol's Avork.   Don't  recollect  the passage in Ray
which states that Dr. Camile deceived Esquirol,  making him believe
he had an epileptic fit.  [Mr. Fox  here read  the incident referred to.] 
116
Yes, that is possible.   Trousseau is an eminent author.   It  ispo»ible
that an epileptic patient might be insane although no one had ever no-
ticed any insane act.  I think the commission  of crime  and nothing
else would not be evidence of insanity in an epileptic.   If he appeared
sane before and then committed a crime I think he might be or might
not be responsible.   The bare fact that he committed  a  crime would
not of itself be evidence that he was insane.  The mere facts that an
individual  had  an  attack  of epilepsy and then committed a crime
would  not  be  sufficient  data  from Avhich  I  Avould  conclude
that he  was  insane;  I  might  conclude  that  he  was  liable  to
be  insane.   The   latter  conclusion  I   Avould  arrive  at  from  a
knoAvledge of his antecedent  symptoms.  If the crime  Avas  an  unnat-
ural one it might lead one to suspect  insanity, although  no  sign of it
had previously been manifested.  It might even be in _ the  case of an
undoubted epileptic some evidence of insanity.   The single  fact of the
crime A\Tould not render an opinion conclusive.
  Q.—If a long interval—six months—was proved between an epilep-
tic attack and a subsequent attack two months  before  the commission
of a  crime,  and there Avas no evidence of mental derangement, and
then that the poison committed a crime, what Avould you conclude?
  A.—I Avould  conclude that it was a possible  case of insanity;  can't
say positively.
  If  Allen  Laros  Avas  not  mentally   deranged  at the  time  of
the alleged poisoning I would  consider him  morally  responsible.  I
consider that on the night of Wednesday, when the crime Avas alleged
to ha\re been committed, he Avas mentally  deranged.   He  may have
been so the day before or the day after.  I think he was that evening.
Can't say hoAv long, before that, he Avas insane.  If no crime had been
committed, and I heard all the circumstances of his actions  and symp-
toms and had the results of my observations in the jail, I would have
thought him mentally deranged on the 31st of May.   I should think
he might be insane tAventy-four to thirty-six hours after a  paroxysm.
It would be possible  for the insanity  to continue longer than thirty-six
hours after the  paroxysm.   Every act Avhich  followed the  paroxysm
he might feign  and deceive me ; that is possible   His dull  and  slug-
gish mind and answers led me to  form an opinion.    He  may have
known I Avas the jail physician.  I think I was capable of reading him
or of leading him  on by a cross examination.  I don't think he could
have deceived me in regard to his mental  condition.   In his  phvsical
condition there Avere evidences of derangement. His tongue  Avas coated.
If he had intended to deceive me he Avould likely do the very things I
noticed in him  after  the paroxysms.   When  a man attempts to feign
insanity or anything  else he  generally overdoes it.  Deceivers gener-
ally overact the convulsions.  One  cannot  simulate unconsciousness
during such tests as  I subjected Laros to.    Fishing Avith a  Avillow
switch and string in his cell is compatible  with his condition and de-
lusion.   This same  notion  of fish  and fishing  seems to have  always
been present in all the attacks according to the evidence. fIn epileptic
insanity  there is  generally  present a repetition of the same acts or
ideas.  It is  called the "echo" sign.   [The doctor here read a passage 
117
from Echeverria's pamphlet on Epileptic Insanity.]  After he had re-
covered from the effects of the paroxysms I talked  with Laros  about
the fishing and he didn't remember it.  That he did not remember it
I thought strengthened the proof of his weak mental condition.   If he
had remembered all that had occurred during the paroxysms or  in the
intervals between them this Avould be of weight to affect my opinion as
to his insanity.  That he remembered Avhere he put the  pocketbook,
Avhere  and Iioav he  bought  the  poison, Avould have some weight in
affecting the question of his mental state at those times and at the time
he Avas telling about it, but Avould  not be sufficient to change  my opin-
ion as given in my evidence as to his mental condition  at  the time of
the alleged poisoning.
  Re-examined  by Mr.  Kirkpatrick—In the case of Laros  I do not
consider him sound in mind for tAventy-four or forty-eight hours  before
and after  these paroxysms.  The fits he had on Thursday and Friday,
after the poisoning, taking the testimony on that point  as true and my
observations since, Avere the bases  on Avhich  I  formed the opinion of
his irresponsibility on that Wednesday evening.   He  Avould be thus
irresponsible for from tAventy-four to thirty-six hours before and after
the paroxysms, and this Avould  be perfectly consistent Avith a belief in
his sanity during long periods when he Avas  free from  paroxysms.  If
he had  a succession of fits from the Saturday previous to that Wednes-
day of the poisoning until the following Friday it  Avould increase the
evidence for the belief that the person was insane on the  evening of
the intervening Wednesday.   In the  intervals he may  be  simply be-
wildered and recollect parts of acts,  or quite  insane; this Avould de-
pend upon the length of the interval; he might be even perfectly sane
for a little time.  I don't consider Laros insane at all times.  I never did.
[Mr. Kirkpatrick here cited and read of the Montgomery  case,  where
a man killed his wife, after five minutes' deliberation, by a Woav from
an axe,  and yet the man Avas decided to  be epileptically   insane.]  I
have read the case.  The idea of some deliberation  and the  recollec-
tion of it afterAvard would not be at all inconsistent Avith the theory of
epileptic insanity at the time of the act.  In case a  party  Avere  affect-
ing epileptic  insanity  they  would  be very apt to overdo the acting.
They have even been knoAvn to put soap  in  the mouth to produce the
frothing during a fit.  It Avould  be  far more likely that  an eminent
doctor could deceive and completely simulate the epileptic  symptoms
than an ordinary person  Avho had no special knoAvledge of or acquaint-
ance Avith epilepsy.
  By Mr. Fox—As to the test of snuff I never saw the man Avho don't
take snuff habitually Avho wouldn't sneeze if snuff Avas put in  his  nose.
It took  Laros three minutes to  sneeze; he sneezed once or  twice after
the paroxysm had passed, not before.  Prior to the Laros case I never
:aw or heard of a case in which a man under the influence of epileptic
insanity never gave, except during the periods of  the  twenty-four or
fdrty-eight hours preceding or following the  paroxysms, evidences of
insanity.  Out of thirty or forty epileptic patients of mine  I don't rec-
ollect over four who became insane.   I have a lady  patient  who is a
sufferer from epileptic attacks.   She shoAVS some of the signs of an im- 
118
 paired mind.  Don't  exactly agree  with  what  Dr. Hammond says.
 He deals in rather large figures.
   By  Mr. Kirkpatrick—While Laros Avas in a paroxysm I drew back
 the eye-lid and drew my thumb nail over the naked  eye  Avithout pro-
 ducing any impression or twitching.   He was quite  belligerent some-
 times betAveen the spasms.  He Avould strike on the bed as though  he
 wanted to fight.
   By Judge Meyers—From my  observation and  examination of the
 prisoner in the jail I came  to the  conclusion that  he had  epilepsy.
 From the evidence I think  he must have had  it  before.   I  consider
 this a case of epileptic  insanity ; assuming the  evidence  given in the
 case to be true, and from my  observation of his after symptoms I con-
 clude he  is  not morally  accountable for twenty-four or forty-eight
 hours before and after an attack of the epileptic seizures.   I infer from
 the evidence and from my own observations that he Avas epileptically
 insane and was not responsible for his acts on that  Wednesday even-
 ing at the time of the alleged poisoning.  Had I been personally pres-
 ent on that Wednesday evening and talked wdth the prisoner it might
 be possible that I Avould change my opinion.  After the attack of con-
 vulsions  on  August  2 I  attended him daily for  a week and noticed
 him particularly.
   Dr. Michael S. Seip, sworn.—Examined by  Mr. Kirkpatrick—Am
 son of Dr. Amos Seip.   Was  present several times with  my father  to
 see Laros ; more than three times.   Have heard his  testimony as  to
 first night.  I was present that night.   He Avas  as  father described.
 Assisted father in examining the case.   Have been recently admitted
 to practice.   Received diploma last spring.   Graduated at University
 of Pennsylvania.  Was also  at Lafayette  College.  On  the  second
 night I observed the experiments as stated by my  father.  I saw the
 burning  sealing  wax  dropped  on the prisoner and  his  eye-ball
scratched with the thumb nail.  In no case did  he sIioav  any sign  of
consciousness or sensation.  The eye Avas opened  to  perform  the eye-
ball  test.   The  hands  in  a  paroxysm Avere clenched and the arms
rigid.   I noticed the eyes particularly  on August  2  and  7.   At one
time, while he was applying the thumb to the ball, the ball was fixed ;
at another time there Avas a double squint,  [Witness shows Iioav with
both eyes turned in towards his nose.]   At another time the eye rolled.
On the second visit  they  Avere  congested ; the  pupil Avas also con-
tracted.  Paid  particular  attention to that symptom.   The  lid was
partly open ;  I closed it, held it a moment or two, then  I opened it
suddenly, found it did not change in the least.   It did  not  seem  to
have enlarged any while the lid was closed.  As  I  suddenly opened
the hd the pupil did not move under the stimulus of light  I held the
light up this way.   [Witness  shows how by hand close up'to his face.]
A person has no control over  the pupil of the eve  to  enlarge or con-
tract it at will.  A person feigning epileptic symptoms could not feign
that   lhey  remained  contracted  and did not  respond to the ligft
until the paroxysm was  over.   The pupil may  be  contracted or  ex-
panded or nether during a  spasm  the test  is the  irresponsiveness  to
light.   Atkin, Wood,  Watson and others mention this irresponsiveness 
119
 to light.   There Avas a disposition  to violence  between  the  spasms.
 Have seen him within a day before and a day after a paroxysm.  One
 occasion before the paroxysm he Avas sIoav to comprehend and short in
 answering.  After leaving the cell I told his cell mate,  Smith; that  I
 thought he  Avould  have  a fit  and  he  did have one that night.   I
 thought his mind was unsound then.   I saw him on the day following
 the fit on both occasions.   He  seemed  dull  and  disinclined  to talk.
 He  ansAvered  short.   Tried to  test his recollection of our previous
 visit, but he  had forgotten.   He walked Avith his head down, as though
 watching the floor, and Avith a Aveak,  shuffling gait, not  the  way he
 walked when he seemed more rational.  I consider that he did not re-
 cover from the effects of the attack for tAvo days.   I  judge from  his
 actions and irritability.  It  Avould require close observation  to  see
 these  signs  in  him.   He  seemed  wandering  in   mind.   His
 eyes  Avandered  away from you as  you  looked  at him.    He
 Avas  slow  to  perceive.   I  think   his  disease   was   epileptic  in
 character.   Have seen cases of  epilepsy, but have had no extended
 experience.  I think it Avas  undoubtedly  epilepsy.   In my opinion,
 from reading and observation, the morbid  condition of his mind fol-
 lowing a paroxysm Avas caused  by the disease,  epilepsy.  He Avould
 knoAV what he  was doing, I think, during the day or tAvo  folloAving an
 attack, but I don't think he had full  moral liberty. Don't think he
 was in possession of moral liberty right after a paroxysm.
   Cross-examined by Mr. Fox—By not possessing moral liberty I mean
 he could not judge between  right and  Avrong  and understand  or esti-
 mate the consequence of Avrong.  I  would  not cordemn him  for any
 act he did  for two days after a paroxysm.   His memory, judging from
 his answers, was impaired,   I knewr he did not  remember from the
 way he conducted himself, the way he looked, the  manner  of  his an-
 swering.  He might have deceived me sometimes, but not every time.
 He said he didn't recollect our visits  and  accompanied it with that
 dull and vacant stare common to crazy people.   Don't  think he could
 deceive me in every instance.  His manner of  answering  convinced
 me that he was not deceiving.  I think if he Avanted to deceive me he
 Avould have answered promptly.   I asked  him,  "Laros, did you not
 knoAV it Avas wrong to poison your father and mother ?"  He said, "I
 don't know anything about it."  I concluded he did not  know what
 he had done, that he Avas not morally responsible.
  Q.—If he had told you of buying the poison, putting it in the coffee
 pot, taking and burying the pocketbooks, if three days after it had  all
occurred he  had told  you  all about the circumstances, would that
change your opinion?
  Witness—I am not testifying as an expert.
  Mr. Kirkpatrick—We object to that question.   We have only asked
this witness questions in regard to occurrences in  the jail.  You can-
not go into any other matters.
  Mr. Fox—We have a right to  know  how the  witness forms his
 oninion and to  test him in this way.
 * The Court—You cannot ask that question, Mr. Fox, of this witness. 
120
 You may make hypothetical questions of occurrences in the jail.   The
 defendant has gone into nothing else.                        .
   Q.—Suppose you Avere satisfied he did remember  all about it  [the
 poisoning], would that change your opinion ?
   A. It would not. If I was satisfied now that he remembers now or that
 he had remembered it previously  to the time  of my questioning it
 would not change my present  opinion that  at  the time I questioned
 him he did not remember.
   q.—Suppose you had been satisfied that he did know  all about it,
 and had lied to you, would it have changed your opinion ?
   Mr. Kirkpatrick—We object to that question.
   Ihe Court—You can't ask that Mr. Fox.
   Q.—By Mr. Fox—Suppose he had told you that he did  remember
 all about it Avhen  you  asked him  whether he did not know it Avas
 wrong to poison his father and mother, would that have changed  your
 opinion ?
   A.—It Avould  if he had told me that he  did remember  it at that
 time.
   Re-examined by Mr. Kirkpatrick—From my observation, conversa-
 tion with him and his appearance I thought he Avas not deceiving me at
 the time.  I had tested him in regard to other matters of  memory of
 Avhich  I knew the facts.  He did not know about them.
   Dr. A. K. Seem, called.—Examined by Mr. Kirkpatrick—In 1872,
 at John Mann's, I  saAV  Allen Laros apparently  unconscious at the
 time ;  at the time described by Miss Juliaune  Mann.  He was in  bed
 and he Avas unconscious so far as I kneAV  for  some  time.   They  told
 me they had found him in the  stable in an  unconscious  state.  I ap-
 plied a cold douche  and he soon recovered.  Don't know  Avhether he
 pulled  his  hair at  the  first  seizure or not.   At one of the visits he
 pulled his hair.  I gave him santonine, thinking he Avas troubled  with
 Avorms, and left directions to administer pumpkin seeds if  the seizure
 recurred.  I threw the water on his face tAvo or three times before he
 came to.  The first pitcherful I put on he did not  appear to  notice at
 all.  The second time I saAV him resembled  the first.  Don't know
 Avhether he trembled or not.  He might have trembled.  This  second
 time was Avhen I Avas called to  his father's house, Avhen it was  said his
 leg Avas hurt.  I think it was a year ago last Avinter.  His leg was not
 broken.  He Avas a little bruised.  It  did not strike me  as serious.
 There was no paroxysm then.  I got there afterwards.  I  cannot de-
 cide as to the nature of his disease.
   Cross-examined by Mr. Fox—If it had been an epileptic  convulsion
 I don't knoAV Avhat the effect of cold water  Avould  be.  Have had no
 experience with epilepsy and that treatment.  I  don't know Avhether
 he got up right aAvay or not.  I left him apparently all right. I never
 learned what had been the effect of the vermifuge of my own knowl-
edge. [Allen's mother said he passed a tape worm.]  When I was sent
for to his father's house it Avas  supposed  his  leg  Avas  broken. They
brought him from a school house on a settee.   He had fallen.  It was
icy weather. _ They brought  him to the house  in  a wagon.   The first
time I saw him at Mann's he moved after I had dashed water on him. 
121
 On that second time, Avhen they thought  his  leg  Avas  broken,  Allen
 did not say anything to me.   I had not thought  of  epilepsy at that
 time.
   By Mr. Kirkpatrick—The action of a purgative is derivative to pro-
 duce a determination of blood from the head to expel Avorms, clean out
 effete matter.  [Mr. Kirkpatrick here reads  a passage from Aitkin's
 Prac. of Med., p. 361.]  Yes, that is correct treatment.  My experi-
 ence in epilepsy is but very limited.  Using my judgment I Avould call
 that good practice.  After throwing on the Avater he came  out  of the
 fit in less than ten minutes.  He did  not at once come out of the par-
 oxysm.
   By Mr. Fox—Santonine is an anthelmintic, not  a purgative.
   Clinton Laros, recalled.—By  Mr. Scott—When  this  [poisoning]
 took place Allen had a moustache, no Avhiskers.
   Ann Eliza Laros, sworn.—Examined by Mr. Kirkpatrick—Am
 the Avife of Clinton Laros.   Was at Martin  Laros' house  not a year
 ago, maybe three months ago, and noticed Allen picking  at  his face.
 He sat on a  chair.   He did not talk.   His mother told me not to look
 at him.   I did not look long,  as I hated to look at him.  Knew  of the
 convulsions at Mann's.  I  am sister of John Mann's wife.   Don't re-
 member how many  times  I saAV Allen have them; probably seven  or
 eight  times,  one  spell  at a time.  Night and day time.   He talked
 foolishly.  Had spasms Avith clenched hands, face  pale.  Don't  know
 Avhat he said.
   Cross-examined by Mr. Fox—I  saw  the  spells  at Mann's only.  I
 never saw him have any  after those at Mann's.  He  Avould talk fool-
 ishly Avhen he got them.   I saw him picking his face that time  at his
 father's.   This Avas about seven or eight weeks before the family Avere
 taken sick.  Don't know Avhether Allen sat on the chair all the  time.
   Dr. Seip, recalled.—By Mr. Kirkpatrick—That case in Ray's  Med.
 Jur., p. 451,  referred to by Mr. Fox in my cross-examination  [vid.  p.
 115], where hot iron Avas applied  to a man's feet,was not a case of sim-
 ulated epilepsy.  He did not pretend  to be an  epileptic.  It was pre-
 tended paralysis of the nerves of the tongue and ear.   He pretended
 to be deaf and dumb.
   Clara Laros, recalled.—By Mr. Kirkpatrick—I made Allen's bed
 on Wednesday morning [May 31].  The bed clothes Avere on the floor.
 I noticed Allen Avalked that day as though he Avas drunk.  The feather
 bed I did not notice.  He was cross and short in his answers.
   Cross-examined by Mr.  Fox—Saw him Avalk  in  the yard Avhen  he
 went to school.  I didn't tell about it before on the witness stand be-
 cause you didn't ask me.   I told Mr. Kirkpatrick about it just noAV.
   By Mr. Kirkpatrick—You made no suggestion to me.  I didn't tell
 it  on  the  stand because  I wasn't asked.  All you said Avas, "Who
 made Allen's bed that morning ?"
   Mr.  Kirkpatrick—The  defendant rests.

   The CommonAvealth calls Avitnesses in rebuttal as follows:—
   Mrs.  John Mann,  sworn.—Examined by Mr.  Fox—Allen Laros
lived at our house four years ago.  That was the time  when he had 
122
spasms at our house.  Allen had several spasms.   He shoAved me in a
bottle a worm that came from him.  It looked like a rain worm.  After
that he had no spasms.  He showed nothing the matter with  his mind
as I saw  while he Avas Avith us.
   Cross-examined by Mr. Scott—These spasms came on about five times
in eight months.  He showed me the Avorm about  a mouth before  he
left us.   Had the spells sometimes Avhen the doctor was not there  He
would have them sometimes at night.  They often lasted halt an hour,
sometimes four or five hours, sometimes shorter.  I sent for his parents
the first time he got them.   His father got there before  Dr.  Seem.
Never threw cold water over him myself;  I saAV  it  thrown on him
Avhen Dr. Seem was there.   The doctor threw  it  on him.  Julia, my
daughter, my sister  and I tended to him.
  John  Mann,  sworn.—Examined by Mr  Fox—Allen Laros lived
Avith us.  Have known him ten to tAvelve years.   Have never been
with him much since he lived with me.  He told me after the spasms
that he had  passed a worm.   He  had  no  spasms afterward.  I saw
nothing in him that would indicate that his mind was wrong.  I often
talked to him about farm work and gave directions.  He did as  I or-
dered about farm Avork.  SaAv nothing  in his manner and conversation
to indicate anything Avrong.   Have never seen anything  of his spells
since.  When he hadn't the spells he seemed all right.
   Gross-examined by Mr. Scott—Can't say hoAV many times he had the
spells when  I saw him.  We found him, the first  time,  in  the stable
and carried  him into the house.   We found him lying along side of a
horse.  I don't recollect how long  it Avas before he  came to.  Can't tell
Avhether he was all right when he had those spells.  He  said nothing,
therefore I don't know.  Don't recollect whether  he talked  while he
had the spells.  It is a good Avhile ago  ; I don't remember  very well.
  Ellen Moser, sworn.—Examined by Mr. Fox—I went to school  to
Allen Laros.  Was  to school the day his father died and the two days
before.  Allen was there.   There were about thirty  scholars.  Allen
taught us  those  three days, morning and afternoon.  Mental arith-
metic, third and fourth reader and spelling book.  I  learned mental
arithmetic.  If Ave didn't ansAver right he corrected us.   I went all the
time he taught except a few days.   He did not seem different on those
three days in any  Avay from what he had  been on  other  days.  Was
not paler than usual.  He was pleasant, and not  cross, unless the
children deserved it.   When we wanted anything  explained he Avould
explain it.   He made no shorter  answers  the week before than usual.
He did not walk like a drunken man that I saw on those three days.
He did not seem forgetful.   He did not  appear  to forget anything
about the lessons that week or the week previous.  We would let out
at four o'clock.   I live one  mile down  the river.  On  Monday  or
Tuesday he walked down the river  ahead  of me.  Mr.  Boncher and
Abe Mixsell were with him.  He did not stagger,  but walked straight
as usual.   On Friday of the week before he looked sick and Avas pale
He went  out and when he came back he laid his head on  the desk and
left school out early    Am twelve years old.   Sarah Raub  was taller 
123
 than I.  The rest of the scholars were my size or smaller.  He talked
 sensible on those three days.
   Cross-examined by Mr. Scott—Sarah Raub is not much larger than
 I.  Sophia Raub was the only girl who studied geography.  I did  not
 pay attention when he was hearing that.  I study  fourth reader and
 elementary arithmetic.  Am back further than "three and three" and
 "tAvo and three."  We read little stories in the reader.   He sat still
 wdiile he read.   He corrected as if we made mistakes those three days.
 Don't know when it Avas, but it was one of those three days, either
 Monday or Tuesday, he corrected me, but I don't know what for.   He
 corrected us nearly every day.  I made mistakes  nearly every day.
 Noticed him the Aveek before; Avhen I Avas in my seat I used to watch
 him.  I Avatched him  all the time.  Noticed nothing strange.  It was
 on  Monday  or  Tuesday  that  I saAV him go down the road towards
 Easton.  It was one of those  days I  know.   I never  told anybody
 that.  All the scholars saAv him go down.  Recollect that it was Mon-
 day or Tuesday night because I kept it in my mind ever since.  I don't
 know where he met Mr. Boncher. I saAV Allen come back.  Saw them
 go down together.  They passed me at Ackerman's tavern.  Told my
 mamma about  these  things.   Yesterday  I was  subpoenaed.  This
 morning Mr. Merrill took five or six of us in a room and talked  to us
 together  He didn't say much.   I had occasion to Avatch him [Laros]
 because I Avas afraid he might Avhip  me.
  By Mr. Fox—Mr. Merrill asked us if we had all been at school.
  Sophia Raub, sworn.—Examined by  Mr. Fox—Went to  Allen's
 school several months.  He taught geography, arithmetic, spelling and
 fourth reader.  Charley Gaimet and I studied  geography.  I  was at
 school on Monday and Tuesday, but not on Wednesday.  Did  not  see
 Allen Laros on  Wednesday.  I recited  geography  and arithmetic
 those days and the week bef 03.  The  rest learned first reader, primer,
 and second and third  readers,  arithmetic  and blackboard  exercises.
 These (blackboard exercises) were dictated by  Allen Laros.  If they
 did it wrong he  would correct  them.  Sometimes  he  did  not.  On
 Monday and Tuesday he looked  and  Avalked all right   He did not
 look pale.  Saw   him   walk  down  the river and back on Monday or
 Tuesday.  I live three-quarters  of  a  mile  below Laros'.   I  walked
 home with him one  day.  Saw nothing wrong in his look or walk.   In
school I saw nothing which led me to think he  forgot anything.  He
was pleasant nearly always. He was not different on Monday or Tues-
day.  Have seen him  walk often. Never saAv him walk weak  or like
a drunken man.
  Cross-examined by Mr. Scott—The week before  that I was  at school,
 He  Avas  all right. I watched him sometimes. Nobody told me to watch
him.  We have no grammar.   He  took the  geography in hLs hand
and asken us questions.  One would read in the reader and  the other
begin where one  stopped.  On Friday of the week before he Avas sick
about an hour before school should let out.  He  had his head down
on the desk.   We were writing  copy.
  By Mr. Fox—When he wanted any  of the children he called them 
124
 byname.  He never was at a loss on Monday  or  Tuesday  to recall
 the names.                                            ,  ,     n
   By Mr. Scott—He knew  their names well.  The same scholars  ior a
 good while had been in the school.  No change, no new ones.
   By Mr. Fox—He gave us every time a new lesson and  did not get
 til GDI IDIXGCI
   By Mr. Kirkpatrick—I was sick a good  deal.  Was  out of school
 much of the time.
   Mary Kues, sworn.— Examined  by Mr.  Fox—Am thirteen years
 old.  Began going to school Avhen the summer school commenced. We
 went more than five or six weeks.   Was there  on  Wednesday,  May
 31.  Think I was thore all  the week before.  Laros taught us.  He Avas
 generally pleasant.  I noticed nothing  different on that  Wednesday.
 He was not paler.  He called us all by our right names.
   Cross-examined by Mr. Scott—I can't tell more about that Wednesday
 than any other Wednesday.  I would not have  remembered anything
 even if he had been different, it is so long ago.
   Camilla Rush, called.
   Vie  Court—Do  you  propose,  Mr. Kirkpatrick, to call any other
 school children to contradict these ?
   Mr. Kirkpatrick—-No, Your Honor.
   The Court—Then it is not worth while, Mr. Fox, to examine any
 more of these  children.
   Mr. Fox—Very well, Your Honor.  We shall only call Alrae  Job,
 to ask her a few questions.  [To the Avitness] : You may go, Camilla.
   Alme Job,  called.—Examined by Mr. Fox—I Avent to  school every
 day  this summer.  I learned reading, spelling and mental arithmetic.
 He was generally pleasant.   I didn't see him cross the last three days.
 He called us by name.   He did not make any mistake.   He  Avas not
 paler than usual.  When Ave did our sums Avrong he made us do them
 over.  He Avalked like he always did.  I saw him  Avalk.   I  guess  it
 Avas Monday he went doAvn the road to Easton.   I  guess  he Avent to
 Easton.  lie walked down the road, anyway.  I  did  not see him in
 the morning.
   Cross-examined by Mr. Scott—I don't remember more of those three
 days than any  other days. I didn't watch him particularly to see  how
 he looked  or how he Avalked.  On  the Friday before, he Avas sick  and
 had his head upon his desk.   Don't know as he walked up Avith us on
 those three days.
  Sydney Kesslee, SAvorn.—Examined by  Mr. Fox—I  lived near
 Martin  Laros.   I  kept  the  hotel opposite  two and a  half years.
 Moved away in February last.  KneAv Allen Laros all this time.  SaAV
 him  most every day Avhen he was at home. He came over to our house
 most every day.  Frequently talked Avith him.  On  the  Monday be-
 fore his father  died I saw him about ten o'clock  in the forenoon.  I
 stopped and knocked at the  school  door.  He came out and talked ten
 or fifteen minutes.  He  made  sensible  remarks and suggestions.  It
 was a matter of business.  Pie appeared  to recollect  and  comprehend
all about the matters Ave talked of.  He said he had been to Kesslers-
ville on the Sunday before and saAV some of his old  friends up there. 
125
was
 He was usually pleasant and cheerful.  I never noticed  that he *
 short in his answers and cross.   Never saw him walk as thoiudi  weak
 or drunk.                                                fc
   Q—State from all your observation of  the  defendant  during your
 acquaintance with  him  and from  his  demeanor  and  conversation
 whether he Avas of sound or unsound mind  at  any  time  prior to the
 evening of May 31, 1876.
   Mr. Kirkpatrick—Defendant objects because it calls for an  opinion
 from a non-expert witness ;  because  it is incompetent and irrelevant,
 and because it is not rebutting  testimony.
   The Court—-Objection overruled and exception noted.
   Witness—Never noticed anything like unsoundness of mind.
   Cross-examined by Mr.  Kirkpatrick—From  the Mineral Springs
 Hotel I moved to Easton and have  been  living there since.  Have
 never been in Laros' house since, but passed the  house about  once a
 month.  Saw Allen at the school house since and saAv  him  in Phila-
 delphia when we were both down.  I saw  him at the school  house  on
 Monday, May 29, at ten A. M.  I was riding.  I got out  of my car-
 nage.   I knocked at the door.   Laros opened the door.   We talked
 ten or fifteen minutes.   Had no particular business  Avith him ;  merely
 wished to speak as an old acquaintance.  Our  conversation  was gen-
 eral ; on ordinary topics.  I might have seen him several times since
 Feb. 1.  Never had much to do  with him  during the Avinter.  Did not
 have a lengthy conversation v.ith him during last Avinter at any time.
 While I lived up there I saw him most every day.   Never  saAv him
 have a spell, but heard that he had them at John  Mann's.  He Avas
 not irritable that I  know of.  I  have had some difficulty with him.
 When we quarreled we Avere probably both to  blame.   Don't remem-
 ber quarreling more than once.   It  might  have  been more than once.
 I have expressed a  very decided  opinion in this case.  I said if it Avas
 true that he poisoned his father and mother I Avould like  to see him
 hung and Avould like to  help pull the rope.  I put in  that qualification,
 if it was true.  I have  said  this  several  times.  Have not said  so
 lately.
  By Mr. Fox—He often came over  to the house last Avinter  and sat
 and talked like the others.
  By Mr. Kirkpatrick—Other people were there, sitting and talking.
 He talked or not, depending upon the subject of conversation.  Some-
 times he would pass me  and not speak.  He Avould  have  nothing  to
 say at all.   If Ave got angry wTe got good again.
  Francis Boncher, recalled.—Examined by Mr. Fox—Knew Allen
 Laros five months.   While he taught school there I saw  him  nearly
 every day.   I did not talk every day with him.  Talked once a week
 or more Avith him.  He  was pleasant.   The day I came to Easton I
 noticed nothing unusual with him.   Ackerman's  boy   was along for
 part of the way.   They had conversation.   He did  not walk drunk.
 Saw nothing different than usual  in him that day.
  Gross-examined by Mr. Kirkpatrick—I live below the school house.
 I saw him once or twice a week.  He never had much to say.  I took
no particular notice of him.   When we walked  down  to  Easton he 
126
 hain't much to say.  I can't remember what was said ; but very little.
   Dr. A. K. Sk.km, recalled.—Evnmined by Mr. Fox—Saw no convul-
 sions in Allen the day I was called, after the murder, saw nothing that
 indicated eoileptic convulsions.  I saw him in a condition like a deadly
 faint.   Had known him a number of years ten to twelve years.  Was
 the family physician for twenty years.  Have known Allen for ten or
 twenty years.  Saw nothing from which I inferred that his mind  Avas
 unsound.
   Q.—From what you saAV and observed of him prior  to the 31st of
 May,  1876, and on  the  31st, and the 1st, 2d and 3d of June, state
 Avhether in your opinion his mind Avas sound or unsound.
   Mr. Kirkpatrick—Objected to because  it  is irrelevant, incompetent
and not rebutting testimony.
   The  Court—Objection overruled and exception noted.
   Witness—I have not sufficient means of knowledge to make up my
mind Avhether he was or was not sound in mind.  Prior to that time I
do not recollect seeing anything of him from the time of the leg-break-
ing business, which Avas about a year ago last Avinter, until the night of
the tragedy.  On those three days I saw nothing that would  make me
think him unsound in mind.
   Cross-examined by Mr. Kirkpatrick—On those three days I  was at-
tending to the whole family.   I don't think I paid  as much  attention
to him  as to the others.  He Avas  in  bed  and  answered questions re-
luctantly and in monosyllables.   I had hard Avork to get anything out
of him.  Could  not swear whether he Avas unsound  or sound  in mind
from not having sufficient knowledge.  From what I saw I could not
say one way or the other.   He might have been sane or he might not
have been for all I knoAV.   I have no recollection of saying to Samuel
 McFall and Mr. Raub three or four weeks ago that  Allen Avas net
 right and I didn't think any of the family  Ave re  quite  right.  I may
have remarked upon  Allen's peculiar expression  of countenance, a
queer expression of the eye.   It Avas a  matter  of talk sometimes.  I
had noticed it.   The circumstances of the case have  no doubt attracted
my attention to it.  Was in his room a short time.  I  was  sent  for
from the hotel because he had a spell.  I said I supposed it was what
he had had before.  Was only in the room two or three times during
the day.  I Avould go in and come right out again.

                 Saturday Morning, August 26.

  B. F. Raesley, sworn.—Examined by  Mr. Fox—Am County Su-
perintendent.   Have  known Allen Laros since the  summer  of 1873.
He has been a teacher since the fall of '73.  He taught three consecu-
tive years.  I examined him three times.  Examined him in  orthog-
raphy,  reading,  writing, written  and  mental arithmetic,  geography
Examined him last August 5, 1875.  Visited his school three times'
The last time on February 16, 1876.  I spent  at  the last  visit from
two o clock until after four o'clock in his  school.
  Q.—From  conversation with  him  and  your  observation of  him
had you any reason to suppose he was of unsound mind ? 
127
   Mr. Kirkpatrick—Objected to as not rebutting and as incompetent
 and irrelevant.
   The Court—Objection overruled and exception noted.
   Witness answers—I never observed anything that would give me the
 impression that he was not of sound mind.
   Cross-examined by Mr. Kirkpatrick—I Avas  elected  Superintendent
 in 1872.   The first time  I met him Avas in 1873.  He brought a letter
 of introduction from his  father.- He was examined Avith about a dozen
 others at Kesslersville, Plainfield township.  Oral and written exam-
 ination.   I recollect the manner  in Avhich  he ansAvered.   In some
 branches he answered readily and  in others he did not.  The branches
 Avere the ordinary branches taught  in  the schools.  His  grade Avas
 fifty-five to sixty, one hundred being the  highest.  Last year his grade
 was sixty, one hundred being  the standard.  In  orthography he took
 three and a half, five being zero and one  being one hundred.  In other
 branches, as mental arithmetic, he took number one.  He must have
 answered every question  to get number one.  I might have had some
 little conversation Avith him at these examinations, as I do with teach-
 ers.   I never noticed anything Avrong with him.   I asked a  feAV ques-
 tions probably during my visits at  his own school.  During my last
 visit he went on with the usual routine.   I had  a  little  conversation
 with him at intervals in  the exercises.  The thought  never occurred to
 me to ask any questions  to  test his mental soundness.   It never  oc-
 curred to me that he might be unsound in mind.
  By Mr. Fox—He compared favorably  Avith  the  average  teachers
 throughout the country.
  James W. Hutchinson, sworn.—Examined by Mr. Fox—I live one
 and a halt miles from Laros'.  Have knoAvn Allen thirteen or fourteen
 years.  Am a school teacher.  He Avent to my school during the terms
 '63-4, '64-5, '65-6 and '66-7.  SaAv him  since  '72 at  least every year.
 We talked together since '72.  I was not there the night of the trag-
 edy.  Was there the evening folloAving and saw Allen.   From my ob-
 servation of him and conversation Avith him since 1872 I think he Avas
 of sound mind.
  Cross-examined by Mr.  Kirkpatrick—During the last  four  years I
 don't know how often I have seen him.   Saw him  once or  twice a
 year.  Can't tell any particular time that I saAV him or had any par-
 ticular conversation Avith him in  1872, nor in 1873 can I recollect any
 or in  1874 have  I any present recollection.  In 1876 I am positive I
 spoke with him.   Last spring I  went to  Plainfield with him.  We
 talked about school matters.   Saw him once since I  think, last May
 some time.  Don't recollect the subject of  our conversation,  nothing
 special, from which I could judge the state  of his mind.
  By Mr. Fox—When we went to Plainfield we walked  a mile or so
 together.   We Avent to debating  school.  Heard him.   The question
 was, "Resolved that Avar  produces a greater evil  than intemperance,"
or vice versa I don't knoAV which.  He made a sensible speech.  He
quoted from Gough.  It  was a sensible speech.
  By Mr. Kirkpatrick—He took the side of intemperance.
  Daniel Kichline, sworn.—Examined by Mr. Fox—Knew Allen 
 Laros  from a  boy.   I was  away  for about seven years.  Saw hji:;
 nearly every day during the last four months preceding  the  tragedy.
 Went over  to the Laros house the night of  the  tragedy.  Didn't sec
 Allen then.  I saw him on the first three days of the week  his  father
 died.   From what I saAv of him I think he \vas sound of mind.  Don't
 know that he had any fits.   I  didn't  know anything about them. Saw
 him Avalk by often.  Never noticed anything Avrong in his walk.
   Cross-examined by Mr. Kirkpatrick—Never  had my attention spe-
 cially directed to him.  He used to come  to  the hotel  evenings Avith
 the other people and sit in my bar-room.   When he Avent to school he
 did not pass my hotel.  Can't define insanity.  I couldn't tell  Avhere
 the line ought to be dnuvn  between sanity and   insanity.  He  would
 have to be pretty crazy before I Avould notice it.
   By Mr. Fox—Never heard him make a senseless answer.   Never
 saw him do  anything strange or silly.
   By Mr. Kirkpatrick—I never noticed particularly what he said.
   Mrs. Mary  A.  Kichline, sworn.—Examined by Mr. Fox—Am
 wife of Daniel Kichline;  I knew Allen Laros four months ; saw him
 most every day; never had much to say to him ;  I  was  often  at the
 house ; was  there the night they were sick  and  saw  him  helping the
 sick ; he was holding his brother ; never saw him do anything to make
 me think his mind  Avas not right.
   Cross-examined by Mr. Kirkpatrick—I have spoken to him ; I  never
 had my attention specially directed to him ; never noticed him partic-
 ularly ;  never  talked much to the young men  around the hotel ;
 couldn't give you a definition of an unsound mind;  if he  was raving
 crazy I would knoAV it;  I never saw anything strange in him ;  I  think
 if he Avas a little cracked I would have noticed it; a person might be
 of unsound mind and I not notice it.
   Charles  Messinger,  sworn.—Examined  by  Mr. Fox-—Lived at
 Forks ; was  a school director last year ;  I  have known  Allen over a
 year ;  I Avas sick so that I could not visit  his school; saw  him  Avhile
 the new school house Avas building last summer ;  saw him  on  the Sat-
 urday after  the tragedy occurred ;  we employed  him as a school
 teacher until then ; 1 thought from the conversations  I had with him
 that he was sane.
   Cross-examined by Mr.  Kirkpatrick—I had only a  feAV Avords  with
 him last summer; he suggested that Ave should  have the  permanent
 and professional teachers examined as well as the provisional ones ; I
 never thought to look  at him to see if he was all  right;  I  always re-
 spected him  as a young gentleman.
   Mr. Fox—That is, you thought he was bright ?
   Mr. Kirkpatrick—That is leading.
   Mr. Fox—Oh, is it?   Well, I learned it from the other side.
   John  J.  Woodring, sworn.—I  Avas  a  school  teacher, but never
 knew Allen Laros.
   Joseph Messinger, sworn.—I am  a school director.   Allen Laros
was not examined at our examination.  Don't know much about him.
I never had  a conversation Avith him.
   Richard  Fritz, sworn.—Examined  by  Mr.  Fox—Live in Mount 
129
 Bethel.  Have known Allen Laros three years.  SaAV  him most everv
 Sunday.  Met him at different places.   Saw him almost  every Sun-
 day for the last year.  SaAv him  the  Sunday  before this  [poisoning]
 happened.  From my cou\Tersation with and observation of him I
 think he Avas sound in mind.  SaAv nothing strange in  him.
   Cross-examined by Mr. Scott—Sometimes Ave spoke, at others merely
 nodded.   I never examined him specially.  I never noticed anything
 strange.   On the Sunday before  this  happened I  saw him on Theodore
 Sandt's porch.  I went by in my wagon.  Did not talk. I  did  not
 stop.  SaAV him during the Aveek three Aveeks before.  Saw him on the
 Sunday betAveen.   Have no particular feeling in  the case.  I have ex-
 pressed my opinion about the case pretty freely.
   Daniel  Werkhelser,  sworn —Examined by Mr.  Fox—Was a
 school director.  Am not now.  Knew Allen Laros.  Never had much
 conversation with him.  One election day at Kichline's hotel  I heard
 him speak to some other people.   I never saw  anything to make  me
 think he was unsound in mind.
   Cross-examined by Mr. Scott—Don't remember what thecom^ersation
 Avas.  That was  about two years ago.   I did not notice him  particu-
 larly.  Since then have not  had much talk Avith him.
   Hugh  Werkhelser, SAvorn.—Examined  by   Mr.  Fox—Live in
 Plainfield toAvnship.   Allen Laros boarded with  me in '73-74.  Five
 months.   He Avas teaching school then.   Was one of the family and
 ate with the family.   Talked as one of them.   Never saw anything
 about him to make me think he Avas of unsound  mind.  Was ahvays
 cheerful.  Pleasant.   Quick in talk.  Think he was in his right mind.
 Saw him frequently since.   At Kessler's vendue this year.  Have seen
 nothing to  make  me change my opinion.  Never noticed anything
 strange in his manner or Avalk.
   Cross-examined by Mr. Kirkpatrick—Lived a quarter of a mile from
 the school house.   Don't think he Avas shorter at  times in his speech
 than at others.  Didn't  chatter  all  the time.   Of course there Avas
 times Avhen he didn't talk ;  there  are times Avhen persons don't talk.
 He Avas absent from breakfast time until school Avas out.   There were
 many people at Kessler's vendue.  I  talked to him and invited him to
 pay us a visit.  I saAv him after that, but can't say when.
   By Mr. Fox—His habit of speaking was quick  ; gave short ansAvers,
 but pleasant.
   John Lehr, sworn.—Examined by Mr. Fox—Knew  Allen Laros
 from a child.  Last tAVO years have not talked with  him  much.  Be-
 fore that he worked for me two years and six  years  ago.  Was  there
 two years  ago with the carpenters. Never saw anything  wrong with
 his mind.
   Cross examined by Mr. Kirkpatrick—Had  as much to say as most
people about their work.   He was there about  two Aveeks. Don't re-
member any particular thing that he  did or said.   Never had my at-
tention particularly directed to his mind.
  Alphinus Schug,  sworn.—Examined by  Mr. Fox—Live three-
quarters of a mile beloAV Laros'.   Known Allen Laros several years.
SaAV him most every day this summer,  morning  and  evening.  Saw 
1 SO-
liim rhat Wednesday  [of the  poisoning]  about half-past five P. M
Talked probably one-quarter of an hour.  From all I saw of him  be-
fore and on this Wednesday afternoon 1 saAv nothing wrong  with him.
Thought he Avas sensible.  NeArer  saAV  him Avalk as if drunk.  Saw
him the day before and talked  with him on Monday.  Never saw any-
thing  wrong with his mind.
   By Judge Meyers—On that  Wednesday I saAv  him at Adam  Job's
nearly opposite my lime kilns.  Talked about  the time of  dav.   He
>aid it was half-past five.   I said it Avas supper time,  fie talked more
to Adam Job.  Don't recollect what they Avere talking  about.  Were
talking Avhen I came up.   He used to stop and tell  the neAA-s  Avhen he
passed there.   He seemed to  Avalk  straight.  I never noticed any pale-
ness in him.
   Cross-examined by Mr. Kirkpatrick—I don't remember any particu-
lar time I talked with him before  that.   He  always  talked to me.
Would commence himself. Don't  remember him saying he felt like
drowning himself;  or killing himself.  Never complained of feeling
bad.   I turned around and saAV him  walking  up the  road  after  avc
went away.  All he said while  I was  there was about the time of day.
He pulled out his Avatch to see.  I did not notice him particularly.  I
didn't tell Clinton Laros that Allen Laros had said to  me  the  Aveek
before that he  Avas going to droAvn  himself.  I did not tell  anybody
that,
  By  Judge Meyers—I  am sure  he  and Job talked fifteen minutes.
They talked  in German about Job fixing up  his house.  Heard Job
say they had everything nice there.   I did not see anything  in Laros'
manner that struck me at the time as strange.
  Adam Job, sworn.—Examined by  Mr. Fox—I live on the  DelaAvare
River, a little over half a mile from Laros'.  Lived there  for twenty-
six years.  I have knoAvn Allen Laros  for  several years.   The last
few years I saw him every once in  a while.   The  last tAvo months saAV
him nearly every day.  Saw  him in the road in front of my house on
the Wednesday [of the poisoning].  He Avas there  for  ten  or fifteen
minutes.  Asked  me  if  my  house   Avas  most  done.   Told him yes.
Asked what it cost.   Told him it cost  more than I thought.  Said
''The old man  wants to build too." Asked frame or brick. Said "brick."
He said, "I guess the old man Avill be like  you—he  wants  to spend
seven  hundred dollars and it Avill cost more."  Then Alphinus Schug
came along and shoAved a photograph of himself and wife to Laros and
me.   Did not see anything about  him  at  the time unusual.  Didn't
take notice how he Avalked or how he looked.  Did  not strike  me as
pale.
   Cross-examined by Mr. Kirkpatrick—When he came up I  was tend-
ing the mason Avho was Avorking  for  me.  Only one.   Didn't notice
him until he came up and addressed me.  That Avas the Avhole conver-
sation.  Alph. Schug then came up.   Don't  think Laros  Avas there
five minutes before Schug came, Did not drop my Avork to Avatch him.
Worked Avhile I talked.   We ahvays passed the time of day.  I never
talked very much with him at any one time.   I never took  particular
notice of him.   I minded my own business. 
131
    Barbara Keller, sworn.—Examined by Mr. Fox—I live  up the
  Delaware, a mile above the school house  [Avhere  Laros taught] ; saw
  Laros on Tuesday evening between four and five o'clock ; he Avas going
  from school; I  Avas in  the  road above the house; Ave talked fifteen
  minutes ; had often been talking with him ;  Avhenever he saw  me Ave
  always talked ;  Ave talked about my  children, Avho went to his school;
  knew him since  last October; never saAv anything that made me think
  he was not right in his mind ;  he always  talked sensible ; thought he
  was a nice young man ; sometimes in the summer  he looked pale; no-
  ticed some time  in the  summer that he looked tired ; I said to my
  daughter, "What makes Al. look so pale sometimes?"  this Avas  about
  two or three Aveeks before; he walked sometimes as if he was tired.
    By Judge Meyers—I never talked with him Avhen he was pale.
    By Mr. Kirkpatrick—When I thought he did not feel good  his an-
  swers were short.
    By Mr. Fox—We made fun that Tuesday ; Ave talked about the lit-
  tle girl; he had a bouquet in his hand ; he didn't  say where he got it:
  he said it Avas Decoration  Day, and  I said no Decoration Day for me,
  I  must mind the children, but you don't have any children to mind.
    By Mr. Kirkpatrick—I only said good evening Avhen I saAV he looked
  pale  and  he  did the  same ; I noticed  sometimes that he Avas pale;
  can't say Avhen ; I noticed it; he Avalked as though he was Aveak ; can
  remember three or four times; thought something was the matter with
  him ; this was generally in the morning; when I saw him on Decora-
  tion Day  I talked more than he did  ; I made the joking remarks about
  the children ; he did not talk much; only Avhat I told ; I  made the
  fun.
    Joseph  Miller,  recalled.—Examined  by Mr  Fox—Knew Allen
  Lares from a boy ; talked together sometimes ; saw him the night of
  the tragedy ; I asked him Avhat Avas  the matter Avith his parents.  He
  said some said the coffee tasted  pepp2ry,  others said it Avas the meat,
  others said it Avas the beets ; he got a cupful of coffee  from the house
  and said, "I am  no coffee drinker, but I took two swallows of it;"  he
  brought it out for me to smell of and look at; I did not want to drink
  any and he took it back ; ahvays  thought he  was of sound mind ; I
  never saw anything in him to make me think him  unsound ; he talked
  sensible.
    Cross-examined  by Mr. Scott—We never had much of a conversation
  together;  on one occasion, last February a year ago, he called to me
  from the yard ;  he called my name as I passed; he Avanted me to help
'  him in the house ;  I  did  not  find  him  in  a fit; he Avas lying about
  thirty feet from the barn, and said the horse had kicked him ;  it was
  seven o'clock iu  the evening; found him lying on  the sideAvalk  in the
  yard ;  told  his  father  and Moses  Schug and Ave carried him in the
  house;  on Wednesday  [evening of the poisoning]  did not  notice him
  more than I did the rest.
    By  Mr. Fox—He told me the horse had  kicked him ; they  looked
  at his leg; don't know whether they found a bruise on it. 
132
   Mrs. Keller, recalled.- By Mr. Kirkpatrick -Didn't notice AllenV
 face on Tuesday night.
   Samuel Sandt, recalled.
   Mr. Fox—The Commonwealth proposes to prove by this Avitness that
 on Saturday, June 3, the prisoner told the Avitness that  he had taken
 the pocketbooks and money from his father and  Moses  Schug and
 buried them between the privy and sheep stable;  that he had  bought
 poison at a drug store in Easton,  on Third street, above Jacob Sandt's;
 that he put the poison in the coffee pot, and that  he  had done it be-
 cause he wanted to study law and his father and  mother would not
 give him  the money.   This offer  is made for the  purpose of rebutting
 the  presumption that his mental faculties or his memory  was  affected
 by epilepsy at the time he committed the act, or that  he was mentally
 unsound.
   Mr. Scott—Objected to (1) because  these declarations  have  already
 been excluded upon the ground of the improper influence under which
 they were made; (2)  because there is no other evidence of the decla-
 rations proposed in the offer from which it may be  proven that those
 declarations are true, Avith the exception of the declaration relative  to
 the finding of the pocketbook, Avhich  is already in evidence for all pur-
 poses of the case ;  (3) that it does not appear from any  evidence  in
 the case that a  failure of memory  is the necessary  result of an epileptic
 attack ; (4) because if competent  at all it must have been presented  as
 evidence in chief;  (5)  because not offered in good faith on the  part  of
 the CommonAvealth for the purposes alleged, but to introduce  in the
 ease bearing upon the corpus delicti admissions of the prisoner which
 have already been excluded; (6)  because it is incompetent and irrele-
 vant.
   An argument ensued upon the question Avhich Avas  thus presented.
 Messrs. Scott, Fox and Kirkpatrick each spoke at some length.
   Judge Meyers said—The question is an important one and the Court
 ought not to decide it at once unless perfectly clear as  to the bearing of
 the evidence on  both sides.   I understand that the defendant does not
 pretend that the act Avas  committed during a paroxysm, but his theory
 is that it Avas committed under the influence of or  shortly after  one  of
 the paroxysms.   We will not decide the question now.  You may call
 your medical witnesses, Mr. Fox ;  Ave shall  hear  them  before Ave de-
 cide.
   Dr.  J.  M.   Junkin, recalled.— Examined by Mr. Fox— Have
 attended quite a number  of cases of epilepsy ;  after a patient has been
 attacked by epilepsy the length  of time before the  mind will be affected
 varies ; I  have  fouown  it  to be ten years before the mind was affected ;
 can't say as to the shortest time; it is  sometimes put  at  one,  tAvo  or
 three years ; from my oavii experience I can't say ; from  my' reading
 and observation  I conclude it Avould require several  years at least; the
 memory, or mind, or judgment would not be affected  over three min-
 utes  in an ordinary case after an attack ; I have known  persons  who
had epilepsy ten or twelve years and yet be able to attend to  business
in a few minutes after a fit; have  known cases where  they would get
right up after a fit and walk  off; in some  cases they  would have 'to 
133
sleep all night before they could go about again ;  I have never knowu
a ease where the mind  Avas affected twenty-four hours after an attack ;
have studied the subject; from my observation and study one of the
tests of  the giving Avay of the mind is the loss of memory ; this is one
of the first effects of the Aveakening of the mind ; I think the ability to
describe an event after tAvo or three days would shoAV  that the mind
Avas not affected ; if one could remember to-morroAv Avhat had happened
to-day )list after a fit I should conclude his mind  was clear ; it Avould
be strong evidence that his mind Avas all right  Avhen  the incident oc-
curred ;  if a person had an attack of epilepsy one day and on  the next
day committed a criminal act and Avould describe tAvo  days after the
manner in which the act had been done I Avould conclude that the per-
son was mentally sound and that he Avas  morally  responsible ; I saw
Allen Laros on Wednesday, but saAV no fit;  I saw him  on  Thursday,
Friday  and Saturday; I saAV  no  evidences  of epileptic convulsions ;
during the time of the Coroner's inquest I observed no signs of epilepsy
in Allen; from my observations of him during those days I never had
the slightest  idea that  he Avas  insane.
  By Judge  Meyers—I have no case of  epileptic  insanity.  I never
saw a case of it.  I never had a case of the  giving  aAvay of the  mind
that I could  trace to epilepsy.   I never  studied  or experimented on
such a case.  Have seen no cases where the  patient  could  remember
the occurrences during the attack.   The patient might  recollect some-
thing and his mind not be clear.  If a  person  could recollect a fact
Fhat transpired during the so-called  semi-insane period  I should think
that he Avas responsible.   If  he  didn't  recollect  it would be a  clear
(..lse—]ie would not be morally responsible.   It might be possible that
he would recollect facts afterward that occurred Avhile he Avas in a state
of semi-unconsciousness.   A  person  afflicted  Avith  epileptic  insanity
might still recollect facts.
  By Mr. Fox—My idea of an epileptic convulsion is that it is a  man-
ifestation of some irritation at the brain centre.  The epileptic fits are
only a symptom of brain irritation caused either by reflex irritation of
the stomach or organic disease.    In  my experience there Avould be
some manifested disease of the brain before epileptic convulsions Avould
come on.  I  have a case of brain disease of three years'  standing which
has just developed epileptic symptoms.
   Cross-examined by Mr. Kirkpatrick—I have given  no special study
to this  case.   I have  never given much study to the  general subject
of epilepsy.   I have only consulted the ordinary medical Avorks on the
subject.   Have had fifteen to twenty cases of epilepsy in my practice.
[I have theorized upon them someAvhat.  My  theory  depends partly
on Avhat little I have gathered from books.]  Mental derangement fre-
quently follows epilepsy.   Epilepsy  does not of itself produce insanity.
Insanity may be a consequence of epilepsy, but it is not the effect of it.
Epilepsy is itself the effect of a cause ; it is the symptom of some dis-
ease   The consequences of epilepsy depend on the cause of this symp-
tom  Never  kneAV nor ever  read of a case of insanity  resulting  after
only one epileptic seizure.  [Mr.  Kirkpatrick, holding one of Eche- 
134
verria's pamphlets in his hand, asked the witness  whether  he ^cog-
nized Echeverria as an authority upon the  subject  of  epilepsy,  the
witness said that he did.   Mr. Kirkpatrick then read of  a case where
dementia followed  after one epileptic seizure.]   Yes, that is possible,
but I contend that the epilepsy in the case vou  have read was the re-
sult of some disease.   The insanity was not'the  direct result of the epi-
lepsy.   The insanity was the  result of the disease and the epilepsy Avas
merely incidental.   In the ordinary acceptation of the  term "result
insanity is the result of epilepsy, but I consider  that epilepsy is a symp-
tom of that disease Avhich produced  the insanity.   I  have  heard and
read of cases Avhere insanity  resulted  from  epilepsy,  using the Avord
result in its ordinary sense.
  Q —How do you define epilepsy?
  A.—It is the effect of some cause.
  Q..—Of Avhat cause ?
  A —Of various causes.  It is produced by some  diseace.   My idea
is that epilepsy is the symptom of some disease.
  Q.—Will you name the diseases that produce epilepsy ?
  A.—Epilepsy may be caused by worms in the boAvels or by a  very
serious affection of the  brain or by some other disease.
  Q.— What is a symptom ?
  A.—Symptoms are indicia  of existing things.
  Q.—Do not a large number of epileptic cases result  in insanity ?
  A.—A large number of epileptic  patients become insane.
  Q.—Is it not a general rule that  epilepsy  Avill  sooner or later pro-
duce insanity?
  A.—The general, popular opinion is  that  long continued epilepsy
may produce derangement.
  Q.—How long, as a general rule, will an epileptic patient suffer be-
fore insanity occurs ?
  A.—I couldn't fix any time, but I think certainly not after only one
attick.
  Q.—You say epilepsy is produced by some disease.   Noav, suppose
by a careful  examination of a patient no other  disease  could be discov-
ered might you not then consider the epilepsy itself a disease?
  A.—No; I don't admit that epilepsy is ever  a  distinctive disease;
it is a symptom of a  disease, which disease is the cause of the epilepsy.
The original disease may exist without any  other  physical  manifesta-
tion than  the epilepsy.
  Q.—Have there been  cases of that kind where the patient has died
without ever sliAvoing any other symptom of that hidden disease than
the epilepsy ?
  A.—There are such cases on record.
  Q.—And might such a patient become insane ?
   A.—Yes, it is possible.
   Q.—Now, suppose an epileptic patient who had never had any other
symptoms than the epilepsy should be#ome insane and die in that con-
dition, and if at the post mortem examination no other signs of disease
than the epilepsy  could  be discovered, Avhat disease would produce the
epilepsy and insanity ? 
135
  A.—That's the question.— What the original disease is in every case
I don't pretend to say.
  [Mr. Kirkpatrick then asked the Avitness Avhether  Echeverria was
jjood authority as to the per centum of epileptic  cases Avhich resulted
in insanity and read a passage from that author Avhere it Avas stated at
seventy per cent.]   Yes, I  suppose  Echeverria  ought  to know.   He
has had a large experience ; but there is much difference of opinion on
that point.  The percentage which results in insanity is from seven to
seventy, according to different authors.   It  is  possible seventy  per
cent, may become mentally deranged.   I regard the ability  to remem-
ber as  a test of the ability to judge between right and wrong in a case
of epileptic insanity.   It is one of the best  tests.  I think the test of
memory   has great  weight  in   favor  of soundness  of  mind.  In
deciding   whether   a  person  is  of  sound  mind  I   don't say
the memory alone is a conclusive test.   I  only  contend  that a good
memory after an epileptic attack shoAvs mental soundness.   If a  per-
son had so much control of his actions as to remember them  he would
in my  opinion be morally accountable. It is possible for  a person  avIio
has been laboring under epileptic insanity to have a recollection of the
act  more or less perfect and yet have been incapable of resisting the
impulse to do the act.  In  such  a case he would not be morally re-
sponsible.  Don't know anything about the Montgomery case.  Read
the  Walworth case in the newspapeis.   I have only a general recollec-
tion of the facts in the case.   I do not  recall  the circumstances very
distinctly.  Don't know whether Dr. Gray's prediction as to  the  fate
of young Wahvorth was fulfilled or not. Really I know very little
about Dr. Ray ;  only Avhat I have heard.   I never read  his  book.  I
have been told about his book.  I have been told that  Ray holds
that no great crime can be committed by a sane person.  If that is so
I don't have much  faith in  his judgment.   [Mr. Kirkpatrick reads
from Ray's Med. Jur. of Insanity, page 474.]  That is a  very accurate
description, i. e. of epilepsy ; and of  the seizures ; and  the  condition
of the epileptic patient.   [Mr. K. reads from same work, page 476.]
I agree with  that, i. e. that the  mental  disturbance may precede as
well as folloAV  the  fit.  [Mr.  K. reads from same work, page 480.]
That is possible; i. e. the case of the epileptic C.  F. Oppel, who set fire
to the  royal stables in Saxony in 1725 Avith the idea of saving some-
thing from the  fire to buy drink.  [Mr. K. reads from Whart. & St.
Med. Jur., vol.  1, p. 472.]  That is so very often, i. e. epilepsy induces
somnambulism, kleptomania, &c, &c.
  By Mr. Fox—I do not believe a person laboring under an attack of
epileptic  insanity Avould give no other evidence of it than the commis-
sion of a  great crime.  That  alone [the crime]  would  not  make me
believe him morally irresponsible.
  Dr.  John Curwen, sworn Avith uplifted  hand.—Examined by Mr.
Fox—Am a physician of over thirty years'  standing.  Am the Super-
intendent and Physician-in-chief  of  the Pennsylvania State Lunatic
Asylum.   H&ve been so for twenty-five years.   Before that I Avas phy-
sician in  the Pennsylvania Hospital for Insane (Kirkbride's) for five
vears  and a half.   I have had thirty years' experience  with insanity 
136
in its various forms.  Have had during this time  a large number  of
epileptic patients in my charge at ages ranging from three to seventy
years   Among  my patients there Avere more males than females.  Men
are more apt to  be" epileptic than women   There are two kinds of epi-
lepsy recognized, the mild form (petit mat) and the more violent form
(grand mal).  The usual symptoms _ of  the  epileptic attack give the
name to the two kinds.   The mild form is merely  unconsciousness  or
insensibility  for a  few  moments.    The   more   usual   form   of
epilepsy  shows  more  violent   symptoms—convulsions,   the   vio-
lence  of which vary  with  the   individual.    As   to  epileptic
insanity,  the   mental  disorder  may   precede   or   folloAV   the
fit.    This  mental  disorder   or  irritability  or  violent  temper  m
some cases may  take the place  of the  convulsion  itself.  The lesser
form  of the disease is characterized  by unconsciousness, that alone.   In
this form there  is no  gritting of  the  teeth or clasping of the hands.
There is here unconsciousness for a brief time.  It may be  known  by
want of recollection and  by the expression  of the  face.   The convul-
sions in the violent kind of epilepsy vary in degree from  slight to the
most severe, sometimes so severe that it  would seem the body would  be
racked all to pieces.  The hands are always clenched in  this form  of
epilepsy and jerk about in a great variety of ways.  Don't  recollect a
case where the hands were not  cliuched.  Never  saw a case with un-
closed hands.   The limbs are rigid and  often thrown about in different^
positions.  This spasm usually  affects one side more than the other.  If
both  sides of the body it is alternately,  not  at  the same time.  It is
generally either one side or the other.   It is rare for both sides  to  be
equally affected.  Where insanity precedes epileptic convulsions  there
is generally  a manifestation  of insanity prior to the convulsion, but
this  is  in those  cases Avhich  have been  for some time developing.
Where epilepsy produces mental disease the epilepsy continues a con-
siderable period—five ten or fifteen years—before the  insanity occurs.
The least time I remember before the supervention of insanity Avas  in
the neighborhood of five years after the epileptic seizures began.   If a
patient has  an epileptic fit I think Avater thrown in the face wrould not
restore him  to consciousness ; the  fit  must Avork  itself out.  If cold
water would bring a person out of the fit I should conclude  the sup-
posed fit Avas some other nervous affection,  not  epilepsy.   A person
could not in my opinion be afflicted with  epileptic insanity and yet
give no other exhibition of it than the commission of a great crime.   I
don't believe in anything of the kind.   In my opinion a man affected
by epileptic insanity Avould  not be able to teach  intelligently an ordi-
nary country school, in Avhich  arithmetic, geography, &c, were taught,
and to talk  to his neighbors on ordinary topics so that they  [scholars
and neighbors noticed nothing in him that Avould lead them to suspect
unsoundness of mind.  I doubt very much that  it Avould be possible.
In an epileptic Avho has  not become so insane as  to be manifest  to  or-
dinary persons the memory and mind, if affected at all,  would not  be
clouded for a longer period than three hours after such convulsions as
were described by the Avitnesses as occurring previous to the evening of
Wednesday, May 31 ; this even  on  the assumption that  those con- 
137
vulsions Avere genuine.  A man Avho has had epileptic convulsions for
two months or a year or tAvo who could remember the circumstances
of an act he had done and could detail the  occurrence aftenvaid must
have been at the time of the act  entirely free from the  effects of the
epileptic paroxysm.  A peculiarity of epilepsy is that a  patient does
not recollect aftenvard what occurred during the paroxysms, although
what happened during one paroxysm might be remembered in  a sub-
sequent paroxysm, but would be forgotten in the interval between the
paroxysms.  If after the spasms have passed some hours or a day or two
and that person details the circumstances of an act of that kind [some
great crime] committed by him during  a  paroxysm  or  immediately
afterward,  his mind must have been free and  not  under  the influence
of the  epilepsy Avhen  he committed the act.   Memory is one of the
very first faculties affected by epilepsy.  If the evidence  shoAved that
the memory Avas not affected I should  conclude  that if  the  memory
was good at the time the other mental faculties were also sound.  If a
man of ordinary intelligence, afflicted with  epilepsy for  a period not
exceeding tAvo years should commit some crime not Avhile he Avas in a
paroxysm,  but a little time after one, and should have a full  recollec-
tion of it and detail the manner of doing the crime, he could,  I  think,
distinguish betAveen right and wrong at the time of its commission.
   Q.—If a person of ordinary intelligence, sufficient  to teach a com-
mon country school up to the time of the act, and  in whom  ordinary
observers saAV no evidence of mental  derangement and  who  had been
subject to epileptic convulsions for a period not  exceeding two years
should  more  than  tAventy-four  hours after any convulsion purchase
poison,  put  it  in  the coffee pot, from Avhich his father and mother
drank and died in consequence, and  should also take the money of his
father and hide it by burying it in the ground ; if that person should
be able three  days after  that  occurrence to describe where he had
bought the poison and that he had put it in the coffee pot, and that he
had taken the money, buried it  in  the  ground, describing the place
where it Avas found, "what Avould be your opinion as  to his ability to
distinguish between right and wrong at the time of the commission of
the act ?
   Mr. Kirkpatrick—Objected to because some of the facts assumed in
the  hypothetical question are facts upon which no evidence has been
given in the case ;  (2) that the hypothetical  question is not entirely
consistent  with the evidence as presented in any of its phases ; (3) that
it calls from the Avitness an opinion or judgment as to matters  of fact
that are for the jury ;  (4) that it calls for an opinion or  decision from
the  witness, Avhich is an inference to  be drawn by the jury under direc-
tions of the Court as to the law applicable thereto ; (5)  that  the ques-
tion is not such a hypothetical question as is proper or  permitted by
law in  this case ; finally the question is incompetent and irrelevant.
                Saturday Afternoon, August 26.

   Mr Borhek, SAvorn.—Examined  by Mr. Fox—Live in Allen toAvn-
 ship Lehigh county.   Was in Northampton County Prison this Aveek.
 Had no conversation with Laros. I heard him speaking.   Heard  a 
138
remark of the prisoner.  He  said  that  the ComnionAvealth  had n•>{
Aveakened his case that day.   This was all I heard.
  ( ro«s-examincd by Mr. Scott—It was Tuesday, the 22<1.  Don't know
whether it was in ansAver to a question or not.
  Ihe Court—The objections  of the defendant to the question put to
Dr. Curwen just before adjournment this morning aresustained. There
is some doubt upon one of the objections, and though we should  have
no difficulty in deciding against  the  others Ave  give the prisoner the
ben dit of the doubt and will not permit the question to be asked.
  Dr Curwen,  examination  continued by Mr. Fox.
  Q.—Assuming die testimony of all  the witnesses as to occurrence of
epileptic  convulsions of the defendant were  true; that on  the day of
the occurrence he taught school over  two miles from his father's house
and  there was  not any outward manifestations  of insanity;  state
whether on the evening of 31st of May he Avas in your opinion capable
or incapable of distinguishing between right and wrong?
  Mr. Kirkpatrick—Objected to (1) that the question calls tor an opin-
ion  from  the witness of a matter which lies entirely Avithin the province
of the jury;  (2) it is incompetent and irrelevant and not such a hypo-
thetical question as is  permitted by laAV in this case.
  Ihe Court—Objection overruled and exception noted.
  A.—I  think he  was capable  of distinguishing between right and
wrong.
  I have seen several  hundred cases of epilepsy.  Have known  cases
of epilepsy of long standing where the mind remained  unaffected.  I
know of'a well authenticated  case of forty years' standing of an officer
in the army.  He was able to attend  to his duties and  liis  mind was
unimpaired.  In the  violent kind  of epilepsy [grand mal] there is
ahvays frothing of the mouth  at the close of the convulsion.   In this
form of epilepsy it is ahvays a symptom.   The  face  at first is  pale,
during the convulsion red and then swollen and dark; livid ;  purplish
hue,  The veins of the face and neck are  swollen;  after  convulsions
there remain spots.  These symptoms are sure indications  of epilepsy
and are always present in the genuine attacks of  the violent form of
epilepsy.   Epileptic convulsions are reported to be  feigned often.  It
is so reported.  I never saAv any feigning of this myself.  If a person
accused of crime should have a supposed epileptic  attack  Avhere the
convulsions were more or less violent and not froth at the  mouth, not
livid in face, no distention of the veins of the neck, I should  conclude
that the convulsions Avere feigned.  I would not consider the dropping
of hot sealing Avax  on  the person an infallible test of unconsciousness
even if he should not flinch, nor striking the back of the hand with  a
knife blade, nor pouring cold water when hot water had  been threat-
ened.  After a  paroxysm  it is usual for an epileptic to show signs of
mental confusion from a few moments up to an hour.   A person may
have this confusion  of mind and may have delusions for an hour or so
and yet not  be insane after that.'
   Cross-examined by Mr. Kirkpatrick—The experience I have had with
epileptics has been Avith those I have had under my care.   They were
all insane.  Most of them had been suffering from long continued in- 
139
sanity; others of them from insanity of short duration.  Insanity was
in all these cases the result of epilepsy.  The insanity was worse after
an epiletic fit.   These Avere cases  of insanity the consequence of epi-
lepsy.   The shortest duration of insanity  among these cases was two
months, others had been insane for  several  years.  In  eA'ery  case  of
epilepsy there is a temporary mental confusion  for  a varying  period
after an attack.  This temporary  confusion of mind  is  not  such dis-
turbance of mind as is properly insanity.   In cases of epilepsy  uncom-
plicated with insanity it would resemble  the confusion  of ideas that
any  person might have on being suddenly Avakened from sleep.   It
would last from a few moments up to an hour.  It would not be extra-
ordinary for the confusion of ideas that one may have on  being wak-
ened suddenly from  sleep  to  last  several  hours.  I have seen cases
where this confusion of ideas on Avaking suddenly from sleep lasted an
hour and  no  one would  have  suspected  derangement of the mind.
Mental disturbance is where the mind is so much  changed as to pro-
duce a change in the  ordinary acting of an individual, such change as
would make conduct, views and acts different or contrary from  Avhat
they would be ordinarily.   This confusion does not in all cases cause
a loss of intelligence,  at least  it does not  in ordinary  epilepsy.  In
every case of epilepsy there is after an attack a temporary mental con-
fusion  for a  longer  or  shorter  period  according to the individual.
There is sometimes a mental disturbance ;  not always.   The affection
of mind would depend upon the disposition of the person  and the char-
acter, hereditary tendency and upon the number and frequency of the
the spasms.   I do not think that the larger number of epileptics event-
ually become insane.   Echeverria has devoted his life to the study of
epileptic phenomena.   I believe that he states that mental insanity re-
sulted in 70 7-10 per cent, out of 500 cases that  he mentions.  His ex-
perience may be different  from others.  Other authorities may differ
from this result.  My  experience  does not accord with  that of Eche-
verria.  I would not put the per cent, so large.   [Mr.   Kirkpatrick
called the attention of the Avitness  to the pamphlet of Echev-erria on
the criminal responsibility of epileptics as illustrated by the Montgom-
ery trial, page 39, Avhere the experience of Sir Henry Holland is given,
showing that, during a practice  of forty  years  Avhere he had noticed
very  many cases,  in nearly  every  case  the  mind Avas  more  or
less  impaired;  and   that paralysis  and  epilepsy  Avere frequently
conjoined ]   Sir  Henry  Holland  was  a  general  physician.   He
never paid any particular  atteutiou  to epilepsy.   He stool high  in
general practice, He complicates the matter  by  putting  paralysis
with epilepsy, and statistics based on the  two  together are of no ac-
count in deducing facts for a percentage table of  epilepsy.  Paralysis
is not commonly found in connection  with epilepsy.  [Mr. Kirkpatrick
reads from Ray's Med. Jur. of Insanity, page 475,  where  Esquirol  is
quoted.]  Dr. Ray is high authority, but I would not say that a  large
majority of epileptic cases terminated in insanity.   I  don't doubt his
experience.   Don't think Esquirol tallies with Echeverria in percent-
age.   So far as those statistics go they only indicate that insanity gen-
erally follows Epilepsy.   The accuracy of statistics makes a great dit- 
140
fercnce and that must be carefully looked to when one  calculates the
percent.  Paralysis  is not  generally joined  with  epilepsy.   I  have
knoAvn only one or two cases in my oavu practice Avhere  paralysis A\as
conjoined with epilepsy and those Avere  hemiplegia.  I  consider that
statistics gathered in  that Avay are not the most reliable basis for  a de-
duction.  Hemiplegia is paralvsis of one side of the body; paraplegia
is paralysis of the whole of the* body.  I only recollect one or two case*
of paralysis out of 100 cases  of  epilepsy I  have had  during a few
years past.  Echeverria would not thank you for pronouncing his  name
the Avay you do ; he is very particular on that point.  [Thereupon Mr.
Kirkpatrick asked what the  proper pronunciation  Avas ; Dr. Curwen
told him ; Mr. K. thanked him for the information and  proceeded to
ask Dr. Curwen's opinion  of Echeverria.]   I  know  Echeverria very
Avell.  I have great confidence in him.   I  Avant  other  evidence than
the commission of a crime by an epileptic to convince me that  he Avas
the subject of epileptic insanity.   If a person had epilepsy for several
years and then at a certain time he should have a succession of fits and
shortly after that committed  a crime, I should take the commission of
the crime as of some  Aveight in favor of insanity in determining whether
that person was responsible.   The fact that he had committed an un-
natural  crime Avould  go a great Avay with me in  determining that he
was insane at the time of the act provided   I  kneAV  and Avas  certain
that he had the epilepsy and the series of attacks. If I knew undoubt-
edly that a person had epilepsy and he committed  a  crime it would
have some Aveight on my mind, I would Avant to knoAV  all about the
epilepsy.  If I kneAV that a man had an attack of epilepsy and two or
three days after committed a horrid crime and had an epileptic attack
two or three days after that it would raise a suspicion in my mind that
the deed had been committed under the influence of epilepsy.   There
is such a difference in the human constitution that it's hard to say in a
general Avay Avhere moral liberty begins or  ends.  If an act Avere com-
mitted between the spasms of several days it would create a suspicion
in my mind that he was not entirely respnsible.
  Q.—If a man had  been subject at intervals during  several years to
epileptic seizures and then during five or six Aveeks or two months he
should have them more frequently and then he should have a series of
attacks  Friday, Saturday,  Monday  night,  Tuesday  night and on
Wednesday evening should commit  an atrocious  crime, and on Thurs-
day morning and on  Friday also have seizures, would  it  not  raise a
strong presumption  in  your  mind that,  notAvithstanding  he taught
school on Monday, Tuesday and Wednesday, he Avas at the time of the
act and  tAvelve hours before the seizure of Thursday morning under the
influence of epileptic insanity?
  A.—-If he really had epilepsy it Avould raise a strong suspicion in
my mind that twelve hours before a seizure, Avhen the act was commit-
ted, he Avas under the influence of the epilepsy, but before deciding I
would have to knoAV  all about the kind of  epilepsy  and hoAv long"he
had it and all about  his case.  [Mr. Kirkpatrick reads a passage from
Browne's Jur. of Insanity, §311, and  asked the Avitness  whether he
considered him  good  authority.]   He  is a lawyer and therefore does 
141
not know much about epilepsy.  The  case  he  puts  is  possible   In
simple epilepsy it is possible  that the mental confusion mioht Ian
twenty-four hours after the spasm. [Ray's Med. Juris.,pp. 476, 477 were
read by Mr. Kirkpatrick, where the author savs that usually  violent
attacks Avere more liable to be followed by irritableness, stupidity &c.
generally proportioned to the physical symptoms; also  quoting' Zac-
chias as to the mental obscurity immediately preceding and following
the fits;  that the principle is a sound one that epileptics should not be
held accountable for criminal  acts  committed  by them  within three
days before or  after a  fit,]   That is correct.  I don't  take exception to
anything Dr. Ray may say.   I do  not go quite to the length  of his
statements.   I think twenty-four hours rather long for  this obscurity
to last   [Ray, pp. 482, 483, is read by Mr. K., where the author sug-
gests that unless the symptoms of the epileptic showing mental disor-
der are of a very demonstrative character intimate  frieuds and rela-
tives of the patient are seldom  competent to  notice  them.]   I agree
with that.  If the friends and relatives of the epileptic should  notice
any peculiar and unusual actions in him  tAventy-four hours after an
attack it would be some evidence of mental disturbance.  [A  passage
from the Montgomery  pamphlet, p. 35 and p. 44, is read  to the Avit-
ness.]  I  have  no reason to doubt  that statement.   Mental disorder
would  be  in proportion to the frequency of the attacks.  If the attacks
were very frequent then there  would be a very strong suspicion  of
mental disorder.  If a patient or a prisoner had  an attack on Saturday
morning and on Monday night another seizure (at which  he had tAvo
fits in succession), and  on Tuesday another, and on Wednesday even-
ing he manifested appearances  and condition similar  to those Avhich
preceded or followed his previous seizures, and on Thursday and Fri-
day he had attacks, I should think it likely he had an attack on that
Wednesday evening ; and if on Saturday  he  gave contradictory ac-
counts of a criminal  act   said to  have been  committed by him on
Wednesday I should think, if the attacks Avere  genuine,  that  he had
been and still was under the influence of epilepsy.   If also on Monday
an attack and gave contradictory accounts of the acts of Wednesday I
would suppose he was laboring under the influence of epilepsy.   Loss
of memory always folloAvs epilepsy ; memory of  things in daily occur-
rence.  Defective  memory  is  the  result of  epilepsy.  I don't admit
that a Derson can recollect clearly what occurred during a paroxysm •
as a rule they do not recollect Avhat took place  immediately after the
paroxysm.  Don't think a  person Avould recollect anything Avhich oc-
curred during the epileptic insanity ; some things he might, but as a
rule they do not.   Remembrance of the criminal act committed during
the period of epileptic insanity is a possibility, of course.  One  in epi-
leptic insanity during the tAventy-four hours succeeding an attack may
aftenvard recall facts occurring during that period; it is  possible,  of
course, for Ave cannot put a limit on the  human mind.   Don't  knoAV
much about the Montgomery case.  It is a possible case,  for Ave can't
limit the capacity of the human mind.  I have an aversion to such
cases as the* Wahvorth case.  I never read them if I can  avoid  it.  I
don't know anything about the Wahvorth  case.  [Mr. K.  read from 
142
the pamphlet containing  an  account  of that case a few paragraphs
giving an outline of the circumstances.]
   Witness—Such acts as these are often committed after the paroxysm.
  Mr. Kirkpatrick—There Avas no  paroxysm at the time of  this com-
mission.
   Witness—There must have been, I think although the fact does not
appear in the evidence.  There  might have been an attack and no one
have seen it.
  Q.—When an epileptic  speaks of a matter when there is great ex-
citement, as after a great poisoning, might the defendant not be merely
repeating the information  received  from others as his oavh statement?
  A.—He might.  As I said before we can't limit the  possibilities in
the case of the human mind.
  [Mr. K. then asked the opinion of the Avitness as to Walworth's in-
sanity.]
   Witness—It is hard to render a decision from isolated paragraphs as
you read them from the report of the trial.   I  would  want  to know
young Walworth's  previous history  and fully study all the circum-
tauces of the  case before deciding.   It is  possible  Walworth was  un-
der the influence of epileptic insanity, that is all I can say.
  Mr. Kirkpatrick then based an hypothetical question upon the testi-
mony of Dr. Gray in the Wahvorth case, to which Mr. Fox  objected,
and the Court allowed Mr. Kirkpatrick to ask the witness whether he
agreed with Dr.  Gray in his opinion.
  [The testimony of Dr. Gray in the Walworth case was detailed and
witness asked whether he agreed with his  (Dr.  Gray's) opinion as to
young Walworth's insanity.]  I do not agree with the opinion of Dr.
Gray that the actions of young Walworth were entirely consistent with
the theory of epilepsy.
  I would not agree Avith Dr. Gray in his decision made there unless I
could have a chance to study the case  more fully ;  I  might  possibly
then agree with  Dr. Gray, possibly not.
  Dr. Gray is authority.  I Avould leave out the word  "high."  I  do
not consider him high authority, and he knoAvs it.   I  have no hesita-
tion in saying so here.
  [Ray,  p. 479, was cited, the case of an incendiary, Avho Avas an  epi-
leptic and a drinker, and after  drinking  felt inclined to build a fire.]
Dr. Ray's opinions are entitled to respect.  I don't knoAV that I Avould
agree with his comments on  that case.  But his opinion is always en-
titled to great weight.  [Ray, p. 281, Avas cited.]   The  presence  of a
motive Avould not entirely decide the question of responsibility ; insane
people always have motives and make plans.   The state of facts in the
Montgomery case as you narrate it is also possibb.  The  existence of
motive is not inconsistent  with  mental unsoundness; an insane  man
has always an insane motive.  An insane  man lays plans and has mo-
tives.   The case of Dr. Geoffry  is entirely possible.   [Curwen's report
before the Pennsylvania Medical Society  in  1869 Avas referred to by
Mr. K.]  I don't think I Avould swear by  that document now.  A man
changes his opinion as he groAvs older and  has more experience   The
passage designated [p. —] is straight.   I won't qualify that.   There is 
143
great diversity by different Avriters as to the length of  time the irre-
sponsibility may last after an attack.  Authorities draw widely differ-
ent conclusions.  [Echeverria  on Epilepsy, p. 361, is read ]   He has
a  hobby.   [Page 369 is read  and Avitness asked whether  he agreed
with him.]  I agree with his facts ;  I  think they can be relied upon ;
I dissent someAvhat from his  opinions.
   Mr. Fox—We object to these prolonged citations from every author
who has Avritten on the subject of epilepsy.
   Mr. Kirkpatrk k—This is ahvays proper on cros^-Dxamination. If the
witness will disagree with the works of authority upon the subject  of
investigation  we are  entitled  to have that disagreement weighed  in
the  scales of our  case.   And  if the witness admits these books to be
authority the reasons for the  questions become more apparent.
   The Court—The propositions  you  make from  the  books are incon-
sistent Avith the  facts of this  case.  The difficulty  in  permitting this
kind of questions in the case is that the cases  from the books  differ
from the case Avhich is being tried, and  another difficulty  is the doubt
whether the Avitness can properly be  asked such hypothetical  questions
as you propose.  The Avitness is  an expert and can decide as  well  as
the authorities as to the state of the prisoner's mind, memory and mo-
tive.   I think the kind of evidence you have been producing is not  of
any value in this case and I shall tell the jury so.
   Mr. Kirkpatrick—Noav, let the Court understand how  we stand in
this case.   We  had expected  to have Dr. Ray himself, as a witness
learned in the science of this investigation, to answer the  case of the
Commonwealth.  Your Honor compelled us to go to trial in  his ab-
sence though we alleged  the strongest reasons for a continuance.  That
witness is sick and unable to speak for us.   And  from his book, and
from the other authors whose lives have been devoted  to this subject,
we must speak now or be silent.   These  authorities and  citations as
submitted to the Avitness  are the means  by which Ave test his knoAvledge
and qualifications to speak, and  protect  ourselves from the effect of his
oracular deliverances.
   The Court—You may  ask  the Avitness if he agrees or disagrees with
the authorities and nothing more.
   The witness continues—There  is no  case  of  epilepsy  that Avill
comply  with  all   the   symptoms   of  a  typical  case  as  given
in  the books.   Whenever there  is  a  visible  seizure  in   epi-
lepsy  there  is  frothing  at   the   lips.   Absence   of  frothing
might  indicate a very mild seizure.  Frothing is the last  symptom of
every visible paroxysm of epileptic convulsions,  it comes  at  the  close
of the  paroxysm.  There are distinctive symptoms in every case.   We
diagnose epilepsy by exclusion.  The symptoms  detailed by Dr. Seip
[vid. pages 107 to 112].   I heard his testimony, but I doubt  that they
show simple epilepsy ;  they may show something of an epileptoid char-
acter.  The symptoms [inLaros' case]  that undoubtedly correspond
Avith epilepsy are the clenched  hands  and  rigidity, inverted  thumbs
and unconsciousness ; but I never saAv a case  of epilepsy which had
not that purplish, livid hue of face I alluded to.  [Mr. K. referred  to
Hammond in regard to the variety of epileptic symptoms  in different 
144
 persons]  I don't recognize Dr. Hammond as high authority.  I don t
 recognize Dr. Hammond as any authority at all.  A man  who says
 he has had 10,000 cases of epilepsy and has never been in a hospital
 at all can not be believed.  He has  had  no  practical  experience  in
 epilepsy.  In the same person there may be a similarity   in  recurring
 attacks of epilepsy unless modified  by treatment.  [Brown-Sequard's
 article, revised by Dalton, in the Amer. Eucyclop. was referred to by
 Mr. K.]  Epilepsy is most strikingly  uniform  except Avhen  compli-
 cated Avith other diseases.  Brown-Sequard's statements must be taken
 with much allowance.  I have private professional reasons  for differ-
 ing  from Brown-Sequard.   I  prefer not  to  give them here.   He  is
 recognized as authority by a certain class  of  scientific men.   I  have
 no faith in him.  Prof.  Dalton is  of high  standing.  His  revision
 might make the article all right.
   There is a definition of epilepsy  given  in  every  medical book.  I
 never make a definition if I can avoid it.   I don't define  from  princi-
 ple.   I don't consider myself qualified to give a definition.  I doubt
 the conclusions of Dr. Seip's tests from my reading.   I never saAV such
 tests tried.  I never saw a case of feigned  epilepsy.  I can't mention a
 case.  The  response  to snuff and  sealing  wax  depends on a man's
 cutaneous sensibility,  which differs in every individual. It is possible
 to withstand all those tests applied by Dr. Seip and  not  flinch if the
 person had an object,  and it has been done.   If a man's life is in peril
 he could undergo all the tests  that  you have  enumerated and never
 move.  A man on trial for life could go through more torture thau in
 an ordinary case  to save that life.  It is barely possible the same might
 hf.ve been done by Laros.   [Mr. K. reads Atkin's Prac. of Med., page
 358.]  Those  are the tests usually  applied.  I might suggest some
 other tests if I had such a case.  I do not  think of any now.  I think
 it barely possible that Laros was feigning  just as it is barelv possible
 that such Avas the case in  some of  the cases you have put "to  me.  I
 admit that endurance without  flinching  or  showing  the  least  feeling
 would be extraordinary, but the circumstances  here  [in  Laros' case]
 are extraordinary also.   Immobility of the pupil is a  symptom  of epi-
 lepsy.  [Mr. K. reads from  Wood's Prac.   of Med.,  page 784, as to
 various symptoms.]   I  do not agree  with Dr.  Wood altogether.  I
 knoAV that Dr. Wood  has not had much experience with  epilepsy.  I
 have always  found   the  pupil  dilated.   Dr. Seip, jr., described the
 pupil of the eye as contracted.  He  held  the  light  close up  and of
 course it did not  change any, it Avas contracted as much as it  could be.
 I have noticed spots akin to extravasation under the skin  on  the  fore-
 head.  Their extent depends on the violence of the convulsion.  These
 dark spots under the skin are evidences of epilepsy.   These  spots ap-
 pear all  over the forehead.  They  Avould  not be so  extensive if the
 convulsions Avere not  of  so  decided a type.  I am  speaking  largely
 from my own  experience.  I saw several hundred cases regularly even-
 day.  I  have never seen strabismus  ac  a  characteristic  symptom of
epilepsy.  It is possible.  I should consider it a symptom  of a compli-
cation of diseas s.  The disease as described by Dr. Seip was epileptoid
in character.  The grinding of the teeth and clinching  of the hands and 
145
the spasm shoAV the epileptoid character.   Epilepsy and something else.
This may be a combination of epilepsy  and hysteria.  There  may  or
may not be unconsciousness in hysteria.  Vomiting is sometimes a pre-
monitory symptom of an epileptic  seizure.   I  have  noticed  it.  The
doubled  fist and the inverted thumb is a  universal symptom  of epi-
lepsy ; it is a sure sign and so is frothing at the mouth.   The  froth is
an expulsion of accumulated mucus from the throat.  Grinding of the
teeth is rare, not  very frequently a symptom in epilepsy.  I never saAv
the  eyes roll in an attack, nor the squint.   I suppose some other
nervous  disease with epilepsy might produce it.   It is possible  in epi-
lepsy.   I don't see how the mucus matter from the throat is going past
the mouth to lodge in the nose   The  mouth  is  not generally open.
The blood which Avas found gathered  in the  nose  [vid. testimony of
James Monroe Smith, page 105], is not in harmony  Avith my  idea of
the disease.  I don't see Iioav it got there.   It is possible for  it to get
there from  the mouth, but not probable  at  all.   Possibilities have  no
limit   More than half of the epileptics bite their tongues, hence their
bloody froth.
   Reexamined by Mr. Fox—The  extended  fingers I never saAv in  epi-
lepsy.   If there Avere no frothing at the mouth and no distention of the
cervical veins I should  conclude the fits Avere  not  genuine.  A feAv  fits
without other evidence  of mental disease and the fact of the commis-
sion of a great crime Avould not Avithout something else lead me to con-
 clude that a person  Avas insane.   The description of  the attacks just a
few months previous to the tragedy and the symptoms of the other  at-
 tacks  I  have heard described by the various  witnesses  are  not  fully.
 consistent with my experience in epilepsy.   Frothing, swelled  veins in
 the neck and lividity efface are essential symptoms, and without these
 I would doubt the genuineness of the epilepsy.
   By Mr. Kirkpatrick—The cases mentioned by Echeverria and Ham-
 mond were confirmed cases of epileptic insanity.   The'  symptoms that
 I  mentioned  [frothing, veins  of neck  SAvelled, clinched hands and
 lividity of face]  might possibly be absent  in  cases  even of pure epi-
 lepsy.  [Mr. K  read from Aitken's Prac.  of Med.,  p.  348.]   That is
 correct.   There  are some cases  Avhere there is no  spasm or  paroxysm
 and yet be pure epilepsy.   [Pamph. of  Echeverria, p.  33, is read.]  I
 don't deny that  the case may be possible,  but more likely to occur in
 insanity than epilepsy.  After a paroxysm I  don't  think  a patient is
 more liable to pick up bright objects than  usual.  There may be  dis-
 order of the moral and not of the mental  poAvers.   They may be  im-
 palled by an insane impulse.  The great danger from epileptics is that
 blind impulse which succeeds a paroxysm.   The "insane impulse" may
 take  the place of an epileptic fit in  epileptic insanity.  It usually  im-
 mediately succeeds a paroxysm.  After the return of consciousness they
 may  remember the  impulse  and say "I don't knoAV why I done it."
  [Mr. K. read from Browne's Jur. of Insanity,  p.  319.]  That  condi-
  tion  is possible.   If  circumstances are pointed out to them they may
  give  an account of it.   I  don't  think they  Avould remember the im-
  pulse and the act unless their attention is called to  the circumstance.
    By Judge Meyers—I don't sec Iioav a man  in a paroxysm Avould  hide 
146
himself under a chicken coop.   It is not likely a person attacked  with
epilepsy could crawl.
  Bj Mr. Kirkpatrick—He might crawl under a chicken  pen after  a
fit or possibly Avhen he felt it coming on.   They usuall  get^ help when
they feel the fit coming on.   There is a mere possibility of their going
away by themselves.  An epileptic is usually  shy and  unwilling to
have his infirmity known.  They have an  aura sometimes ; it  is quite
com men.
  Dr. Traill Green, recalled.—Examined by Mr. Fox—Have had
the  average  number of epilepsy in my cases.   One or two a year.   I
can't tell how many I've had.   Probably  forty cases.  None of my
cases resulted in insanity.   One gentleman had  characteristic attacks
of epilepsy for twenty-five or  thirty years  and  became a preacher.
Within tAvo or three years the  last I heard of him he Avas still in the
possession of his faculties and is still officiating.  I  never  saw that  it
affected his intellect.  The  symptoms  of epilepsy are falling down  if
the subject is not lying down at the time, then contraction of the  mus-
cles, then perfect insensibility and rigidity, then active convulsions, the
face Avill be pale at first and then purplish ; at  the conclusion of the
convulsion there is frothing at the mouth and  distention  of the veins
of the neck and htad.  If during  an apparent convulsion the hands
were clinched and there was paleness but no lividity and no distention
of veins and no froth, and there was actual unconsciousness,  I should
say the person was in an epileptic fit.    The  expression  of the face
would show whether he Avas conscious.  A mild attack might not have
all the symptoms of a severe one.  If the person  was unconscious in
the paroxysm I should say it Avas epilepsy, but a very light attack.   If
a person had symptoms just as this man [Laros] Avas described to have
and should really be unconscious I  should call it epilepsy.  I don't
know Avhat you Avould call  it if not epilepsy ; somewhat  peculiar, but
epilepsy.   In the petit mal I think one attack Avould not rapidly fol-
low another.   After paroxysms the most violent I  have  seen persons
wake up clear at once Avithout any Avant of intellect   Sometimes Avhen
persons have an attack in the  street, a very violent one, as soon as it is
over they get right up and Avalk off without anything the matter with
their minds.   In a large number of cases they go to sleep for an  hour
or  tAvo, then Avake up intelligent as ever.   I have  known many  cases
where they have attacks in the night and Avake  up all  right in the
morning.  I don't think the mind Avould  be  affected  by epilepsy  for
several years, anyhoAV.  If a person in a  fit Avas restored  by dashing
cold water in his face I should say that it certainly was not an epilep-
tic fit.   I Avould doubt its genuineness.  A person in a fit of hysterics
might be restored by a dash of cold Avater.  Epilepsy  can be feigned
and people do feign it.   That is proved by the invention of the severe
tests to detect it.  In a case where a man wanted  to save his  life by
feigning epilepsy the tests by Dr Seip are not  decisive,  and for this
reason :—Martyrs have endured much more severe tests than  Dr. Seip
tried; they have been tortured on the  rack,  they  have  burned their
hands off in the fire without  flinching.    I  think  a man with strong 
147
nerves could stand all the tests.   I don't think a man could be  insane
and the fact not be detected by ordinary people.
  Q.   If  a man  had attacks of epilepsy on three days and taught
school on  those days and no one noticed that anything Avas the matter
Avith  his  mind  and he  should commit a crime on the evening of the
third  day what Avould you say  of his  mind at the time the act was
committed, sound or unsound ?
  A.—I would want more evidence than that to say he Avas insane.
  Cross-examined by Mr. Kirkpatrick—It  might  be on that occasion
at Mann's Avhen water Avas dashed on  Laros and he revived that he
was just coming out of the fit.   It might be the spasm had spent itself.
It Avould be  remarkable  if  the doctor should  apply the cold Avater
every time just as the paroxysm was concluding.
  Q.—Did you  ever see any martyrs ?
  A.—Oh no, I never saAv any martyrs.
  Q.—How do you know they stood the tortures Avithout  flinching?
  A.—Why I read about them in books ; I have  faith in history.
  When a man  is  feigning epilepsy to save his life it is hard  to catch
him  unawares.  A  man in feigned epilepsy  is ready for the tests.
When the eyelids Avere being forced open  he'd  knoAV  that something
was going on ; you  couldn't  catch him that Avay.  I think I could run
my finger nail on my eye at any time; I  wouldn't flinch  at all.  I
think I could conceal the pain from anybody else.   If I thought a per-
son put coal dust in my eye for a purpose I Avould hold very  still.  If
they opened my  eye and scratched it  with the finger nail I could stand
that;  but if they threw anything in my  eye as I  stood here  I  would
wink  irresistibly.  Feigning is a  different  affair.   When a man has
made  up his mind to feign I don't think  he could  be caught by any
of these tests.  I couldn't stand a lighted lamp applied to my feet if I
didn't know anything about it beforehand, but if I felt them taking off
ray shoes and stockings I Avould be ready for them.  Am sure I could
stand  a lamp flame to my foot if I  Avanted to ; they  might cut it  off
and I wouldn't move.  I Avould not say  that another man could stand
all these tests until  I had tried him myself.  I only say Avhat  I could
stand.  There may be false motive and false deliberation in  epileptic
insanity.  Npt a real motive, a motive  altogether disproportioned to
the crime.  [Mr. K. calls  attention of the Avitness to Echeverria on
Epilepsy,  p. 340.]   I don't knoAV  Echeverria at all.  Don't know any-
thing  about him.  I would  Avant to knoAV the character of his cases
before I followed him blindly.  Specialists are as likely to be wrong as
other  people.   Other things  being equal one of special experience in
epilepsy  Avould  be of more  credit  than a general practitioneer.  I
never give testimony on books without seeing the  punctuation and  all
about it.  [Dr. Green here took the book and,  after  looking at it a
little said] : The passage you have read is a possible case, i.  e. where
the man playing whist had an epileptic attack and resumed play with-
out dropping his cards.   [Mr. K. then said that  Echeverria put the
proportion of epileptics who  become insaue at 70 per cent, and asked
the  witness whether he  agreed Avith that.]  I attach no importance
whatever  to those statistics unless I know all about the cases.   I won't 
148
agree with Echeverria until I see and read the  cases myself  If the
cold Avater restored Laros he might have been just coming out of a fit.
He would hardly be so three times straight ahead.  [Mr.  K. then read
some statistics from another Avork and asked  the opinion  of the Avit-
ness.]  I don't attach any importance to statistics unless  I  know the
cases.  I doubt the statistics because  the  percentage  of resulting in-
sanity is so large.  A man opening a hospital Avould be likely  to get
all the old cases and of course the per cent, in those might  be large ;
that don't prove anything.
  By Judge Meyers—Vertigo is a condition in which  objects seem to
run round, as Avhen a person is giddy from running around a circle.  I
don't think a person could remember Avhat he did during an attack of
that kind afterward ; if he did he  had sound  mind  and  memory.  A
man who gives an accurate description of things that occurred some
time ago must be of a very sound mind.
  Henry S. Carey, recalled.—Examined by Mr. Fox—I saw Allen
Laros those three days.   Never heard him talk only Avhen I spoke  to
him at the time I administered the oath to him.  Saw nothing to make
me think him  unsound.  Thought he was sound and had  nothing the
matter Avith him.
  Cross-examined by Mr. Kirkpatrick—Don't remember that I had  to
put questions to him repeatedly to get  ansAvers.   He  was  in  bed on
his right side.   A man  Avho doesn't talk simple and  foolish  and re-
members is of sound mind.   Insanity  is  losing  one's mind, talking
simple.

  Mr. Fox—If your Honors are in any doubt about the propriety  of
of permitting the Commonwealth to prove by Samuel  Sandt the prop-
osition  [vid.  p. 132]  we offered this morning and upon which  your
Honor reserved decision until the medical experts had been examined,
then we will Avithdraw our offer.
  The  Court—We are in a great deal of doubt.
  Mr. Fox—Then the Commonwealth closes its case.
  Mr.  Kirkpatrick—The defendant also closes.

  The  Court—We will  now hear your arguments, gentlemen, upon the
objection to the private counsel for the CommonAvealth [vid. page 26]
making the closing address to the jury.
  Mr. Scott then made a brief argument and referred to Purdon's Dig ,
vol.  1, pa.  490, pi. 5,9,13;  McFarland trial, N. Y., 1870;  Stokes
trial, N. Y., 1872 ; Com. v. Williams, 2 Cush., p. 582 ; Com. v. Knapp,
10  Pick., 477; Com.  v. King, 8 Gray, 502; Rush  v. Cavenaugh,  2
Barr, 189; Bishop Crim Proceed., vol. 1, §^998-1000.
  Mr. Fox replied :  he said that it Avas a matter of indifference  to him
whether he spoke or not. This question was never raised in this county
before.  The order in which counsel should speak to the jury Avas not
an affair to be decided by the Court.  The District Attorney and the
private counsel had the right to arrange that matter to suit themselves
The jury had not been  sworn, the defendant  had not  pleaded at the
time I was called upon to assist the District Attorney in this cause. 
149
   The Court— District Attorney Merrill and Mr.  Fox can settle this
matter betAveen themselves.   They may do as they please  about their
order of speaking to the jury.  We do not consider this a case for the
Court to interfere to require the District Attorney to make the closing
address to the jury.
   Mr. Scott—Your Honor will note our exception.

                  Monday Morning, August 28.
   Mr  Kirkpatrick—If your Honors  please,  the defendant now pre-
sents the following propositions of law to your  Honors and prays that
the jury may be instructed thereon when the charge  is given.   [The
points were  read and filed ;  the argument of defendant in favor of these
points and authorities cited  may be found in Mr. Scott's address to the
Court following  Mr.  Merrill's speech, vid.  also  Mr.  Kirkpatrick's
speech Monday afternoon ; vid. argument of Mr. Fox contra on Tues-
day afternoon ;  vid. the  points  themselves and  answer of the Court
thereto  in  Judge Meyers'  charge  to the jury  Wednesday  morn-
ing.—Ed.]
  District Attorney John  C. Merrill then addressed the Court in behalf
of the Commonwealth as folloAvs:—
  May it please the Court—1. As  to  the legal presumption :—In
1843 the fifteen Judges of England in reference to an inquiry from the
House of Lords ansAvered :—"The law presumes every man to be sane
and to have a sufficient degree of reason to be responsible for his acts
until the contrary is satisfactorily proved.  To establish  a  defence  on
the ground of insanity it must be clearly proved  that  at  the time of
the commission of the act the defendant Avas laboriug under such a
defect of reason from disease of the mind as not  to  know the nature
and quality of the act he was doing, or  if he did know it that  he  did
not know he was doing what Avas Avrong," 1 Wharton's Crim. law, §16.
This is unquestionably the law of Pennsylvania to-day,  as the latest
decisions most fully attest.  I refer to Com. v. Ortwein, 26 P. F. Smith,
414; Lynch v. CommonAvealth, 213, Avith Avhich your Honor is familiar
and to Avhich I propose to direct the attention of the jury.
  2.  As to the degree of insanity which  will relieve from penal account-
ability :—I refer to the case of Com. v.  Mosler, 4th Barr, 264, in Avhich
Judge Gibson, one of the greatest judges Avhoever sat upon the Bench,
savs, "Insanity to constitute a proper ground of defence to a  criminal
accusation must be shoAvn to exist  to such  a  degree as to blind its sub-
ject to the consequence of his acts and deprive him of all  freedom of
agency."   Judge AgneAv in a very late case—Com. v. Ortwein, 26 P.
F. Smith, 415—says :—"Insanity as a  defence must be so  great as to
have controlled  the will and taken aAvay the freedom of moral action."
And in another late  case—Brown  v. Commonwealth, 28 Smith, 128—
Justice AgneAV says :—"If the prisoner had poAver  of mind enough to
be conscious of what  he was doing  at the time then he Avas responsible
for the act.  The words "conscious of what he was doing" meaning the 
ICO
real nature and true character of the act as a crime and not the mere
act itself.
  3.  Insanity  not to be inferred from the nature of the act itself:—-In
Com. v. Mosler, 4 Barr, 268, a case Avhere a man had  killed his wife,
Judge  Gibson says :—"But it is said  there is intrinsic  evidence of in-
sanity  from the nature of the act.  To the eye  of reason  every mur-
derer may seem a madman, but in the eye of the laAV he is still respon-
sible,"  and in OrtAvein v. the Commomvealth,  26 P. F. Smith, 425,
Judge  AgneAV says:—"The moment a great crime would be  committed,
indeed often before, would preparations begin to lay ground to doubt
the sanity of the perpetrator.  The more enormous and horrible  the
crime the less credible  by reason of its enormity Avould be the evidence
in support  of it and proportionately weak \vould be the required proof
of insanity to  acquit of it."
   4. Moral insanity :—There is no such thing as  moral insanity,  i. e.
insanity of the moral system co-existent with mental sanity. This doc-
trine is repudiated by an almost unbroken  current of authorities both
in England and in the United States, 1st  Wharton  Crim. law, §31 ;
Wharton & Stille's Med. Jur. (1873), §§531-537.
   5. Irresistible impulse:—Irresistible impulse and moral insanity are
sometimes  confounded in  the books, as where  a man may be con-
scious  of what he is doing, may have his  mental  faculties,  but be  im-
pelled by a morbid, insane impulse to commit a particular  act.  This
though recognized by the Courts  is a very dangerous doctrine and
should be accepted only  upon the very clearest proof, 1st Wharton
Crim.  law, §§25-26; Judge Capron's opinion, Wharton 1, §30, note.
   6. The true view:—"The true view is that when such irresistible im-
pulse is proved in au insane person it is a good defence though he  was
able to distinguish  between right  and wrong.  With a sane person,
however, it is not a defence, as the law makes all sane persons respon-
sible for their impulses," 1st Wharton Crim. law, §30 and note h, giv-
ing  authorities.
   7. Scientific treatises:—With regard to the reading of scientific treat-
ises  Judge Redfield says:—"When objected to they have not generally
been allowed to be read either to Court or jury," 1st  Wharton Crim.
law, §50 (m), though there are authorities bom ways,  which makes  the
propriety of it doubtful and juries should be cautioned  in reference to
them—that they are not laAV, that they are but the theories of scientific
men.   Judge Capron in People v. Huntingdon,  N. Y., in  1856,  after
referring to the theories of medical  men  upon the question of  insanity,
 remarks :—"I have referred to them only to aid you in understanding
 more  clearly my subsequent remarks on  the test of insanity adopted by
 the  Courts.   Our purpose  being practical, not   scientific—our search
 being for legal recognitions and not theories—I  feel  bound to charge
 you in conformity with the decision  of the Courts which have the au-
 thority to  declare the  law in a particular case.   We are in a  court of
 law,  not  in  a school of  science ;  our  action, therefore, must be gov-
 erned by legal adjudication and  not  by theories and speculations of
 the schools,"  1st Wharton Crim. law, §30, note e.
   8.  The grade of crime:—With  regard  to  the grade of  crime the 
151
statute provides "That all murder which shall be committed by means
of poison or lying in wait or any other kind of wilful, deliberate, pre-
meditated killing or Avhich shall be committed in the  perpetration or
attempt  to perpetrate burglary, robbery, rape or arson shall be murder
in the first degree."   If the jury believe  Allen C. Laros  Avas  sane at
the time of the commission of the act it is their duty to convict him of
murder in the first degree.  It is only possible to find him  guilty of
murder  in the  second  degree if  they  believe that his mind was* im-
paired to such a degree as to make him incapable of  a specific intent
to take life; that the same rule applies as Avhere  intoxication is set  up
to lower the grade of guilt.  The jury must be  clearly  satisfied that
his mind  Avas to  some  extent impaired to make him not fully  re-
sponsible for his act.  If  there is any doubt about it, Avhether his mind
was  impaired  at all,  they  must convict of  murder in the first de-
gree.   Nothing less than  clear satisfaction that there  existed some im-
pairment of mind  at  the time of the act,  making the defendant
incapable of the specific intent to take life, will suffice to lower the grade
of guilt,  just as nothing less than clear preponderance  of  proof of  in-
sanity Avill suffice to acquit.  Wharton Crim. law, vol. 1, §24, note.
   9. Distinctive character of insanity in this case:—There is  no proof
in this case of an insane delusion and no such thing as moral insanity
recognized by the Court.   The insanity is general in  this case—"such
a defect  of reason from disease of the mind as not to  knoAV the nature
and quality of the act he  was doing, or if he did knoAV it  that  he  did
not know that what he was doing was  Avrong."  There can be no  irre-
sistible impulse in this case ;  an impulse  is a thing of short duration, a
violent outburst  of passion,  or but a passing shadow upon  the life.
There is  no case on  record where  a  man has been  under an insane
impulse for three days.  It is absurd to suppose that he Avas struggling
with an  impulse all this time and was finally overcome.

   Mr. Merrill then addressed the jury as follows :—
  Gentlemen of the  Jury :—I will not prolong the time or insult
your intelligence  Avith any discussion of the guilt  or innocence of the
accused.   The corpus delicti is already established ;  of this you are as-
sured.  Before you  were permitted  to enter the jury box you Avere
SAvorn to divest yourselves of all previous bias or impressions  and to
try this case upon the evidence produced upon the Avitness stand. This
is  demanded  not only  by  the defendant, but also by the Common-
wealth.  It is your duty also to divest yourselves of  all sympathy for
this unfortunate prisoner.  You  are  not to  regard what may be  the
consequences to him.  His punishment if guilty will  be the  result of
his acts,  not of your finding.   You are to determine whether  the facts
in evidence point to guilt  or innocence, and your  sympathies have  no
more to do with it than your  prejudices—both must  alike  be disre-
garded.
  What  are the facts?  It is  alleged that the defendant is suffering
from epilepsy; that the uniform effect  of the  disease is to produce a
morbid, insane state of mind before and after the  attacks, and that this
defendant at the time of the commission of the act wa3 suffering from 
152
the effect of these attacks and Avas therefore irresponsible for his  act*.
The proof of the first attack of what are called "spasms" was at John
Mann's in 1872.  Dr. Seem Avas  called to attend him.  lie says  he
revived under the application of cold water.   Dr. Curwen  says this
Avould not revive an epileptic.  The defendant while there exhibited a
tape worm, after Avhich no "spasms" were observed.   Dr. Seip in  his
testimony says "that the presence of a tape worm in the stomach would
account for these spasms."  Dr. Junkin says that an  irritation of the
bowels might cause them, but if these spasms  were  caused  by tape
worm or by any irritation in the stomach  there  Avas no organic lesion
of the brain and hence no impairment of the mind.   Dr. Seem does
not say  those  attacks were epilepsy, nobody  swears that they were.
There is no satisfactory proof of it.   You cannot determine by the evi-
dence that those attacks were epileptic.  The preponderance of proof
is the other Avay. The next time of an alleged spasm was in  the Avinter
of 1874-5, at the Plainfield school  house,  some two  years  after the
"spasms" at Mann's, during which  interval there  is  no proof of any
attacks Avhatever.  At the school house he fell upon the ice  and  hurt
his  leg and had a faint on account  of his fall and  the  pain,  which is
quite  usual on  receiving an  injury of that kind.  He was next ob-
served by one of his sisters in the fall of 1875, and then nothing more
Avas observed by  anybody  until  within a few weeks of the tragedy.
Though Allen Laros was much aAvay from home and  moved among a
large  circle of friends and acquaintances no person comes into Court,
not even  his brothers and sisters, to swear to any  indications of insanity,
and no person not of his own  household  ever observed anything like
those  "spasms" referred to by his brothers and sisters.    If his brothers
and sisters are to be believed, and there is no  reason  to doubt them,
there  is proof of "spasms" or a nervous affection  of some kind, but they
of his OAvn kin, bound by most sacred ties, do not undertake to say that
he  was insane at any time.  There may be proof of "spasms," but
"spasms" are not insanity.  It is not  contended that he committed the
act while  in  a spasm.  He teaches school Monday, Tuesday and
Wednesday before the fatal tragedy.   School children, who  are more
observant of peculiarities than grown persons, are called, all  of whom
sAvear that nothing unusual was observed.   He is  seen  and  conversed
with by a number of persons, none of whom swear to any symptoms of
insanity.    He  is met on  Wednesday evening about half-past five
o'clock according to his own time, less than two hours before the fatal
supper, by Adam Job and Alphinus Schug, Avith whom he held a per-
fectly rational conversation upon ordinary topics.  He converses with
Joseph Miller, jr., about  coffee just after the tragedy,  Avhile  the neigh-
bors were gathering in, remarking  that "some said it was  in  the meat,
some in the beets, others  said the coffee tasted   peppery.  He  was  no
coffee drinker himself, but had taken tAvo SAvallows,"   and procured  a
cup of coffee for Miller "to see what was the matter."   Drs. Seem and
Junkin Avere there,  the Coroner was there and  neighbors and friends
gathered in during the three days following the tragedy,  yet neither
the doctors who had examined him in reference  to the nature of his
sickness, whether it Avas real or feigned,  the Coroner, nor friend or 
153
neighbor, or brother cr sister swears he was insane at the  time of the
commission  of the act.  Alvin, his little  brother, says :—"He looked
wild at the supper table and turned his eyes sideways."  Alvin sat at
the end of the table, Allen at the side.  His was a  side view.  Clara
and Alice sat directly opposite to him and saw not the glare of his eye.
If it had been unusual they would have observed  it.  If he did look
"wild" and  "turn his eyes aside" it was not at all inconsistent Avith his
sanity.   And well might  he avert  his  eyes from that horrible scene
when  he saAv  his  own mother lift to her lips and drink to the dregs
that fatal cup which he had prepared.  Oh, if he could  look unmoved
then his  heart were adamant and reason were indeed dethroned.
   He  was  committed to prison June 3, 1876.  No "spasms" are  au-
thenticated  by the presence of anyone  until  July  24,  1876, fifty-one
days after his incarceration.  True,  we had his Avord for it.  He had
told the  warden he  had had "spells," but this, on July  24,  when  Dr.
Seip was present, was the only one proved up to that time.  Dr.  Seip
also saw him August 7.   Warden Reed says that  the  effect of these
"spells" was visible probably two hours before and two hours  after-
Avard.  Dr.  Seip in  his indiscreet zeal to shield the prisoner makes  the
effect from twenty-four to thirty-six hours before and afterward.   The
prisoner  Smith, who was put in his  cell to Avatch  him, says  he had
"spelb"  Wednesday, Thursday  and  Friday  after  this trial began.
Gentlemen,  you have seen him in court during  that time.  True,  he
has been silent, but have you seen anything  unusual,  the  staggering
walk or  the dull and moody expression?   Can  your own  senses  de-
ceive you ?  But it  is said that the effect  of the  "spasms" vary ; that
they are sometimes slight, sometimes violent.  If so then you can draw
no legitimate inference from any one of them and it is  impossible for
you to say, though he had "spells" at the very time of the act, that  he
was under their influence.   If it were shoAvn that  the  defendant Avas
subject to attacks, epileptic or otherwise, uniformly, every time depriv-
ing him  of his reason for the same space of time before and after an
attack, and  that he had one of these "spells" at or  about the  time of
the  commission  of  the  act,  and that  the  act itself Avas committed
Avithin the  period  during  which he always suffered in  mind, the con-
clusion would be irresistible that he  Avas  irresponsible at the time of
the act.  This is the vital point in this case.  We  say even  if he had
attacks they Avere not uniform in character, and this seems  to be  ad-
mitted.   That the attacks were not epileptic, that the Aveight of testi-
mony is  against epilepsy at  Mann's, that  the  medical testimony, with
the exception of Dr. Seip, is all against it.  As it seems to  be agreed
that epilepsy does not affect the  brain under  four years, unless you
find that he  was  suffering from epilepsy at  Mann's, even if he had
actual epilepsy or were really  insane in prison, you  cannot say that his
mind Avas at all impaired at the time of  the act.  The  legal require-
ment to  relieve from penal responsibility  is that his mind was impaired
at the time of the act "to such an extent as to blind  him to  the conse-
quence of his act and to deprive him of all freedom  of  moral action."
A defective memory is another of the primary effects of epilepsy.  The
doctors all said that if a man remembered and could tell avIiat occurred 
154
they would consider him conscious of what he avus  doing at the time
of the act.  He remembered and told  where the  pocketbook could be
found.   His act also shows intelligent design.   He  was  moved by a
motive, the usual one moving rational men  to the  commission  of  the
greatest crimes—the greed for gain.   He wanted  money,  it  unrea-
soning, irrational and blind he could  have placed the poison in  almost
any article of food.  He selected the coffee, from  which he  never  drank.
He concealed his crime, appeared to taste the coffee,  assisted  in  caring
for the sick and stoutly denied all knowledge of the sad affair.   lie
concealed  the  fruit of his crime—the  money—and  in  every  respect
comported himself as well as the most  rational criminal.  There is
everything in the surroundings of the case to indicate sanity, nothing
showing insanity.
  It is said a man may be imperceptibly insane, as that subtle essence,
the mind, cannot be seen ; that its outward manifestations may  all ap-
pear sane; that a man may  be perfectly conscious  of Avhat he is do-
ing while within rages a storm impelling him to acts, the consequence
of which he clearly  perceives but cannot avoid.   Chief Justice Gibson
says this is  a most  dangerous  doctrine and  should not be received
except in the clearest cases, and that such an impulse should be shown
to be habitual or at least to have  exhibited itself more than once be-
fore it should be accepted as a defence.   If Allen C. Laros was under
an irresistible impulse it must have  commenced on  Monday evening,
the time of the purchase of the poison and continued until Wednesday
evening, the time it was administered, and Ave  have  the  unparalleled
instance of a man battling Avith an impulse  for  three Avhole  days, at
last yielding to its overwhelming violence.   Can this be so ?
  Gentlemen of the Jury, a doubt of sanity will not do.   You must be
satisfied that the defendant Avas insane at the time of the commission of
the act before you can acquit him.  Nobody but Dr. Seip says  he  Avas
insane at the time of the act.  He did not see him till long afterwards
and draws his inference  from entirely  insufficient  data.  You have
heard the testimony of the persons Avho saw him at the time of the act,
of Dr. Curwen and  the other medical witnesses, and under their testi-
mony and all the circumstances surrounding his wicked  and unnatural
act you cannot say that he Avas irresponsible.  We would not unjustly
convict.   We ask but a fair consideration of  the  evidence developed
on the trial and feel that you Avho have given   such  unflagging atten-
tion through this long period Avill give a fair deliverance between the
CommonAvealth of Pennsylvania and the prisoner at the Bar. 
15 3
   Henry W. S-ott, Esq , then spoke in behalf of the defendant as fob
Ioavs :—

  [Upon the conclusion of Mr. Merrill's speech Mr. Scott occupied the remainder of the
morning until the noon adjournment In presenting to the Court the questions of law raised
bjr the defendant. It is deemed sufficient to give onlv the outline of Lis argument and
authorities cited from his brief. —Ed.]

   May it please the Court:—The law embraced in the submitted
points  may be disposed of under  three heads ;—
     I.  The law upon  proof of the corpus delicti.
    II.  Murder in second degree Avhere death results from poison.
   III.  Limit of legal responsibility in Pennsylvania upon mental dis-
ease.
                                 I.
                           Corpus Delicti.
   Wharton Crim. law, vol. 1, sees. 683-746, note b — In eases of  hom-
icide the corpus delicti consists not only of the fact of death, but  crimi-
nal agency as well; and the body of the offence  is  to  be  proven In-
direct testimony or by presumptive  evidence of the most  irresistible
kind.  The jury  must find the death ; the criminal  agency  of the de-
fendant in administering arsenious acid ; and the death of Martin Lams
from the kind of poison described in the bill of indictment.
   Greeuleaf Ev., vol.  1, sec. 217 ; People v. Badgeley, 16 Wend., 53 ;
Phillips Ev., vol.  1, pa. 556 ; Bennett & Heard,  Lead.  Cas., vol. 2, pp.
625-6-8.—The confessions of the party, not made  in open  court, un-
corroborated by circumstances, Avill  not  sustain  a  conviction.  There
must be a prima  facie case upon  proof of corpus delicti before the con-
fession, if there be any confession in this case at all, can be considered
by the jury.
   Starkie Ev., pa. 862 ; Wharton Crim. law, vol. 2, sec. 2692. Though
the purchase of the poison is  proven, yet  "between preparation  and
execution  there  is  a gap Avhich criminal jurisprudence cannot fill."
And when  upon chemical  analysis no  poison is found in sufficient
quantity to cause death ;  Avhere no examination  is made of vomit or
ejected  matter; Avhere an analysis of the stomachs  of  those who ex-
hibited in their sickness similar symptoms Avas made and not the slight-
est evidence of arsenic Avas detected, and Avhere the  symptoms are  pre-
cisely similar to those of some natural disease, there can be  no convic-
tion until the jury are satisfied to a moral certainty  of the death by ar-
senious acid through the criminal agency of the defendant.
   2  C. & K., 221 ;  Fisher's  Dig.,  pa.  2812,  evidence.—"Where a
"knoAAdedge  of any  fact  is obtained  by means of a confession Avhich
"cannot be received the party should be acquitted, unless the fact itself
"would  be sufficient  to  warrant a conviction Avithout any confession
"leading to it."   The confessions bung here excluded, the fact that the
pocketbook and money were found at the spot  indicated  by  the pris-
oner, if established, is no evidence for the jury in  the absence of corrob-
orative proof aliunde of the body  of the  offence.   If  the  indictment
was for larceny the fact of finding Avould put the defendant to explain-
ing his possession of stolen property; but  the larceny in this evidence
has no connection Avith the murder. 
156
   Mrs. Wharton's case;  Paul Schcoppe's case;  trial of Mrs. Chapman.
   Wharton Crim. law, vol. 3, sec. 3280.—Power of the Court in crim-
inal cases to direct the jury to acquit:—"Where the Avhole case, leav-
ing out disputed facts, requires an acquittal this course  is eminently
"proper ;  and there are instances of unfounded  prosecution pressed  bv
"popular prejudice Avhere such a course is the peremptory duty of the
".Judge."
                               II.
                   Murder in  the Second Degree.
   Murder by poison is only presumptively murder in  the first degree
under the Pennsylvania statute :—"All  murder Avhich shall  be perpe-
trated by means of poison, or by lying in Avait, or by any other kind
"of wilful, deliberate and  premeditated killing;  or which  shall be com-
"mitted in the perpetration of, or attempt to perpetrate any arson, rape,
"robbery  or burglary, shall be deemed murder of the first degree."
Wliere death is the consequence of the perpetration of the four offences
herein mentioned,  or of the attempt to perpetrate  them,  the  intention
to take life is excluded from consideration.  But death by poison, and
by lying in  Avait, is indicated  as "wilful, deliberate and premeditated,"
and consequently the specific  intent to take life is  the essence of the
offence.  The presumption is,  from  the statute, that the use of poison,
or homicide by lying in Avait,  is wilful,  deliberate and premeditated ;
but this presumption, like every other, may be overcome.
   The Virginia statute omits  the word "other."   There, murder in the
first degree is "by poison, by lying in wait, imprisonment, starving, or
"by wilful, deliberate and premeditated killing," and in Com. v. Jones,
1 Leigh, 610, Judge Daniel has referred to this  omission,as explaining
the sense of the construction we put  upon  the  Pennsylvania statute
(vid. also Burgess  case, 2 Virg. cases, 488; Whiteford's case, citing 1
Leigh, supra).  When a  man uses a deadly weapon (which is similar
to the  use of poison) the  presumption is  that he intends  the necessary
and usual consequences of his act;  and if death is caused by  that  act
it is presumptively murder  in the first  degree; but  a  defendant in
either  case may reduce the degree  by explanation.   Com. v.  Earle, 1
Wh., 525.—In this case the indictment was framed under the old  act
of 1794, of which the one in the code of 1860  is  an exact copy.   The
defendant was charged with committing murder by poison.   The ver-
dict was "Guilty in manner and form as indicted*"  and sentence of
death Avas passed.  It Avas held that this  Avas proper.  But  here  the
presumption operated to settle the verdict, and unless it had been spe-
cifically stated to be of the second  degree the intendment of the  jury
would run with that presumption.  In a later case—Johnson  v. Com!,
12 Harris, 386—Avhere the defendant was indicted for  feloniously, Avil-
fully and of his malice aforethought casting the deceased into a" dam,
&c, and  holding her in  and  under  the  water, whereby she was
drowned, it was held that a verdict of "Guilty in manner as indicted"
Avould not support a sentence  for murder in the  first degree.
   Chauncey Ex. Parte., 2 Ash.,  227 ; Com. v. Dougherty, 1  Br , app.
xxi.; Lane v Com., 9 P.  F. Sm., 373 ; Lewis' Crim. Law,«-pp. 392-3  ;
Rhodes v.  Cora.,  12 Wr.,  396 ; Com.  v. Flanagan, 7 W*. & S., 418 •' 
157
Shaffuer y. Com., 22 Sin., 60 ; Kelley v. Com., 1  Gr.,  484.—If from
intoxication, or Ateak mind, or any other cause  the defendant  is not
capable of forming the specific intent to take life, Avhere such intent is
necessary, the offence is stripped  of the malignant features necessary
to  make it  murder in the first degree.   The general purpose  of the
Pennsylvania statute of division is  to provide that no defendant can
be capitally punished if his mind is not capable  of the specific intent;
and if by mental disease that capacity is wanting, or if as to that there
exists  the reasonable doubt, the  verdict should be murder in  the sec-
ond degree.  Even  rage is short  frenzy—Ira furor brevis est—and
death occasioned by great provocation in a fight may be murder in the
second degree or manslaughter. By  the Austrian and Bavarian code this
matter has been settled  by the recognition of degrees in penal respon-
sibility.  Diminished responsibility (verminderte zurechnungsfdhigkeit)
is defined as a condition in Avhich the mind from any cause is incapa-
ble of calm premeditation or exact  and wilful deliberation.
  Stephens' Crim. Law of Eng. (London, 1863), pa. 92.—"Partial in-
sanity may be evidence to disprove the presence of the kind of mafice
"required by the law to constitute the  particular crime  of which the
"defendant is charged."   If the jury should not be able to find by the
Aveight of the evidence that the defendant Avas of such unsound mind
as to make him irresponsible to the  law,  but if they have a reasonable
doubt of it, or if they are not satisfied beyond a reasonable doubt that
he Avas so free from mental disease as to make him capable of  forming
the specific intent to take life, the verdict must  be  in second degree.
And this case is distinguished from the cases  of  Rhodes  v. Com,, 12
Wr.; Lane v. Com., 9 P. F. Smith, and  Shaffuer v. Com., 22 Smith,
because in those trials it Avas simply held that the jury  had the abso-
lute poAver to find a verdict in the second degree, and it would be the
duty of the Court to receive it, though  against the charge;  but in this
case it is the duty of the Court to submit the questions of  fact to the
jury to determine the effect of the mental disorder  upon his capacity.
  Ortwein v. Com., 26 Sin., 415.—This case was  tried in the Court be-
Ioav in Allegheny county.  Judge Stowe in  his charge  to the jury
said :—"Where the self-governing poAver is Avanting, whether caused by
"insanity, gross intoxication or other controlling  influence it cannot be
"said truthfully that the mind is  fully  conscious  of its  own  purposes
"and deliberates or premeditates the sense of the act, describing mur-
"der in the first degree."
  Wharton Crim. Law, vol. 1, sec  710.—If there is a doubt of the
degree, upon the whole of the case,  the jury must acquit of the higher
and convict of the loAver.
  Wharton Crim. Law, vol. 1, sec.  57  (a), 24 note; Wharton  & St,
Med.  Jurisp., vol. 1, sees. 181, 212,  214-15, 770, note x, 476-77-80.—
"It was formerly  held that insanity and sanity were as  states  sharply
"distinguishable,  and that men were nearly  wholly sane so as  to be
"wholly responsible or Avholly insane so as to be  wholly irresponsible.
"Psychologically the position is now  abandoned as  unsound.  *  *  *
"There are therefore certain phases of the mind Avhich cannot be posi-
tively spoken of as either sane or insane.  Is a  man in  one  of these 
J 5,s
"phases to be  acquitted  of crime?   If >o h • won hi be a dangerous
"member of the community.  Is he to be convicted?   At  this justice
"would revolt, for at the time of the commission of the guilty act he
"was, it could readily be sIioavh, not in a condition  of mind coolly^ to
''premeditate or accurately to conceive of  a  malicious design.^  Ihe
"only course  under such circumstances is to find the defendant guilty of
"the offence in a diminished grade, Avhen the laAV establishes such grade."
  State v. Leak, Phillips' Law  Rept,, N. C,  450.—Negligent use  of
poison, knowing the character of poison,  and administering it reck-
lessly in a fatal dose is murder,  but only in second degree unless there
is an intention to kill,
                               III.
             Legal Responsibility upon Mental Disease.
  Right and wrong'test:—When this doctrine Avas first applied  it was
not discovered that the perceptions, emotions  and will, distinct from
the intellect, might he disordered.  Such  is no longer the test, uncon-
nected with the very nature and quality of the act itself, and the de-
fendant may  clearly see and understand the nature of the act, but.  in
the words of C. J. Gibson, "There may bj an  unseen ligament pressing
upon the mind, draAving it to consequences which  it sees,  but cannot
avoid."
  These points are framed in the language of the Supreme Court,
  Moral  insanity:—This  question  has only  an  indirect importance
upon the case of the defendant  as modifying the right and wrong test.
In Pennsylvania and New York the theory of moral  irresponsibility
lightens the yoke of self-governing power,  and since  the  decision  of
Com. v. Mosler, 4 Barr, 266, an unbroken line of adjudication has sup-
ported the doctrine.—Com. v. Moore, 2 Pittsburg, 504 ; BroAvn v. Com ,
28 Sin., 123 ; Com. v. Winnemore, 1 BreAvs , 356-7 ; Ortwein v. Com ,
26  Sm.,  415; Freeth's case, 3 Phila., 105 ;  Com. v. Mosler, 4 Barr,
266 ; Lewis Crim  Law, pp. 401-3-4; Com. v. Haskell, 2 Brews., 491.
  Dr. Ray Avas said by Mr. Fox to be of "questionable authority" on
this  subject.   But  I hold  in  my hand a pamphlet bearing the name
of Dr. John Curwen, Avho for two weeks has been sitting  by  the  side
of Mr. Fox as his expert in this  case, Avherein  on page  11 he speaks  of
"that very able and distinguished writer in the  Jurisprudence of In-
sanity, Dr. Ray."   And again—pages 16-17—"No one will for a mo-
"ment deny that the intellectual powers by themselves  may at any time
"become  disordered, while the moral poAvers may not appear to be  in
"the least disturbed.  *  *  *   In the same  Avay Ave can readily im-
"agine that the moral, emotional or effective powers  may  also  become
"disordered and the intellectual faculties  may  not  appear  to be in-
volved,   *  *  *   an 1 if the moral powers may be and fr^quent'y are
"thus disordered have Ave not an insanity of the moral powers as tully
"developed, as in others Ave have an insanity of the intellectual?"

                Monday Afterxoox, August 28.
 [At two o'clock Mr. Scott proceeded to address the jurj- as follows.  He closed at four
aid a half o'clock.—Ed.]
   With submission to the Court:— 
159
  Genti.kmen of the Jury:—To your great relief, doubtless, to our
great relief certainly, this solemn investigation is drawing  to a  close.
For this man the last Avords will soon be spoken  ; our duties will then
be finished and yours will begin.  It  is  not necessary that I should
remind you  of the responsibilities in the case   It is not a pleasant
duty to sit in judgment upon human life; nor is that life to be  easily
taken away.  It was God's first best gift to  man.  I  know well that
this jury will appreciate the responsibility cast upon "them  by the law,
when they retire to their room to decide the fate of the prisoner at the
Bar.   Never before, in any trial in this county, Avas such interest man-
ifested by her people.  This  vast  crowd to-day, which, Avhile I speak,
swells and throbs like a mighty pulse, lends additional sanction  to tin-
duty which devolves upon counsel and jury  alike.   You will soon pass
from this  court-room to your deliberations, and after the verdict to your
homes ; but whether he Avalks free from the Bar of this Court, or to an
asylum, or to his death, he goes a doomed man.  There  has been laid
upon  him the  mailed hand of mental disease, and no other earthly
misfortune can compare Avith this.  The surroundings of the case are
somewhat peculiar.  To a stranger in this room, unfamiliar  with the
trial, and conversant with the prosecution of crime, the table  of the
Commonwealth would  seem to be the place  of the prisoner.  Around
that table have been gathered not only the skilful  gentlemen conduct-
ing the case on behalf of the State, but also  those other gentlemen con-
ducting the case on behalf  of  themselves.  They have suggested to
counsel, from time to time, the  questions to be asked,  and have grouped
themselves by that table as if their professional reputation was on trial
and not the poor man  Avho  sits  here.   The  District Attorney  is the
sworn officer of the laAV.   It is his duty to conduct the  prosecution  in
the name of the people of the Commonwealth.  He represents you and
he represents me ;  more than that, by a fiction of the laAV he is supposed
to represent the prisoner and see that no Avrong is done to him.  Not
content with  this official   prosecution, he  has placed  beside him the
leader of this Bar ; he who  bears the silver  bow of Apollo and  wings
his shafts with unerring, and ofttimes fatal precision.  He will, by his
eloquent recital of this sad story tq its climax, play upon your passions
like the master-hand that strikes the chords of the lyre  to  perfect har-
mony.  I have seen jurors cheeks blanch and their eyes moisten  under
his dangerous and fatal eloquence.  But all this shall not swerve you
from duty.  Upon this side sat the defendant with none but his  coun-
sel by him.  No professional expert whispered assistance to them ; in-
deed  he had  not at his command the treasury of a rich county to pro-
vide for the necessities of his case;  but  he  opposes  to  their theories,
the accumulated truths of science, contained in these books now piled
before me.  Here, unfriended and alone, save by the presence of coun-
sel and the armor of innocence, he confides his life to the hands  of this

   We have shoAvn, as  I promised in opening, that at the  time  of the
alleged poisoning  the prisoner was in such a state  of  unsoundness of
mind that he was not criminally responsible for such an act, if it were
possible to say that his hand was the  guilty  agent.  But before you 
1 CO
 reach this question of mental disease  you  will  have  a long  road to
 travel.  At first permit me to explain the  kind of verdict you hav<-
 the power to return.  If you fiud the defendant guilty  of  causing  the
 death of his father, Martin Laros, by arsenious acid as charged  in  the
 indictment, and further find him to haA^e been  of sound  mind upon
 this evening of May 31 your verdict will be guilty of  murder  in  the
 first degree.   If the CommouAvealth have failed  to show  beyond a rea-
 sonable  doubt that  Martin  Laros died from  the effects of arsenical
 poisoning, or if he did so die, and they have failed  to connect  the  de-
 fendant with the administration of this arsenic, your verdict will be not
 guilty generally.
   If vou fiud  that the defendant administered the poison and this  ar-
 senic was the cause of death, but that he was so  disordered in mind by
 renson of these epileptic attacks, as to make him incapable  of forming
 that deliberation and  specific intent to take life, necessary to constitute
 murder in  the first degree, or if you have a reasonable  doubt of this,
 although he is to be held accountable to the law for  the  crime, not-
 withstanding death was occasioned by poisoning, your verdict Avill be
 for murder in  the second degree.  But if, as Ave say, you find him to
 have been  irresponsible for any criminal act upon the day of the mur-
 der, and at the time, you will  return the verdict "Not guilty by reason
 of insanity."  This  form of the verdict, regulated  in this State by an act
 of Assembly, was first rendered in the case of Hadfield, Avhora Erskine
 defended,  upon  the suggestion to Lord Kenyon by Sir  William Gar-
 row that this return by the jury would legalize the further detention
 of the prisoner.  And so, you  will understand,  this verdict does not
 send him into  the world Avith a dangerous malady  upon  him, but im-
 poses the  restraint of  confinement, with medical treatment for his
 disease.
  The Commonwealth must first prove that  Martin  Laros  died  from
 the  effects of poisoning by arsenious acid.   They rest their proof of
 this upon the symptoms of those Avho were suffering ; the post mortem
 appearances of those Avho were dead ; and the discovery of the poison by
 chemical agency.   You  recollect that  upon the evening of this  thirty-
first of May the Avhole family were taken sick at the supper table, and
 a  very short  time after  they began the meal, they Avere  seized Avith
 vomiting  and rushed into the yaid.  It is  alleged that the poison,
 Avhatever might bs its nature, was contained  in the  coffee pot.   Allen
 Laros drinks no coffee;  that is important to remember.  For supper
 they  had  beets, pickles,  fried  veal, rhubarb pie and molasses cake.
 We will examine the contents  of that coffee pot hereafter.   The Com-
monwealth say that from the effects of this poisoning, three  of the fam-
ily  died,  to Avit—Martin   Laros,  Mrs. Laros and Moses Schug—and
that the symptoms exhibited by those Avho  were sick,  and afterwards
 recovered Avere precisely the same as of those who died.   The question
asked of Dr. Junkin Avas answered:—"The symptoms of all Avho  were
suffering were  alike in kind, though differing in degree."  Now permit
me to recall the symptoms as in evidence  [Mr.  Scott  read  the  testi-
 mony of different witnesses].   Two of the unfailing signs  of death from
arsenical poisoning are the burning  sensation  in the epigastric region 
161
and the constriction  of the throat.   This  is  admitted by their OAvn
Avitnesses, and I need discuss that no further.   Here were eight people
at once suffering, as they say, from the administration of  arsenic, and
not one manifesting the usual, and indeed invariable symptoms.  Is it
possible that this sign should escape the attention of the two physicians ?
The question Avas pointedly put by them to the different people as they
lay sick and the answer was  the same from each.   There was no burn-
ing and there Avas no constriction.  The symptoms in all Avere alike in
kind, though differing in degree.  It  is given as authority [WTharton
& Stille's Med. Jurisp., vol. 2, part 1, sec. 330] that in cases of arsen-
ical  poisoning  taken  Avith food, the symptoms are seldom manifested
until the lapse of an hour or more ; and yet in this case they came in
less than ten minutes.  And  there is yet a stronger circumstance  than
this.  The peculiar taste experienced  by  them all Avas  described as
"peppery."   And Martin Laros Avhen  he sat down to  the table ate
some of the meat before he drank the  coffee and at once said the meat
tasted peppery.  This is their own evidence.  Did the biting taste come
from the meat?  certainly  not from the coffee—to Martin Laros.  [Mr.
Scott discussed  at length the  evidence of symptoms.]  Allen Laros, the
prisoner,  drinks no  coffee ;  he  drank none then.   What made him
sick ?  Recollect that he too Avas vomiting in the yard  before  he had
taken the emetic prepared by Dr. Seem.   Of that  there  is no doubt,
for the doctor testifies that Allen Avas the last to Avhom the emetic Avas
given ; that he  went at once upstairs to bed, and Avas out no more that
night; and before it was dark, Clinton Laros  and Joseph  Miller saAv
him lying on his side in the yard, vomiting with the others.   Do  not
understand that we have endeavored  to prove that  these  people died
from cholera morbus, bilious  cholera.   We are not obliged to prove
anything.  It is simply  our duty to resist the proof of the Common-
wealth.  But we  show from these books of authority, and from their
OAvn evidence, that these symptoms are more nearly those of  cholera
morbus than of arsenical poisoning.   [Mr. Scott reads from Wh. & St.
Med. Jur., vol 2, part 1, sec.  333; Wood's Prac. of Med., vol.  1, page
710.]   The suffering of Allen Laros was not from the coffee ; he drank
none.  The burning taste first experienced by  Martin Laros,  the de-
ceased, Avas not from the coffee ;  he had not yet partaken  of that. Not
oue ot them had the burning  in the stomach and the  constriction of
the throat, infallible signs of the presence of arsenic.  There Avere the
bilious vomiting and purging; there were the pains in  the  abdomen ;
the symptoms came suddenly as  in cholera morbus.  But the prosecu-
tion say that the discharges'from the  boAvels  Avere bloody, and this
never occurs in cholera morbus.   And  so to their expert physicians
upon the stand  we read the passage from Wood's Prac. of Med., vol. 1,
pa. 710, upon bilious cholera :—"The vomiting and purging are almost
"incessant;  everything taken into the stomach  is  promptly rejected,
"the discharges being often broAvn or  blackish, acid, or  even bloody"
Then Dr. Green explains this authority by referring  the  word "dis-
charges" to the contents of the stomach.  But  in  irritant  poisoning
also the vomiting is of mucus and of  blood ; and as  it is our province
to show a correspondence of symptoms, that construction gives  no  im- 
162
provement to their case.  We are satisfied  to  let  the  passage of the
author from the context explain itself.   Dr.  Green's  construction  is
Avhat Curran called "A stunted and verbal  interpretation, standing  on
"tip-toe betAveen itself and meaning."  And Dr.  Seem, Avith  a varied
experience, has met similar cases in bilious  cholera.  No man's life
hangs upon doubtful symptoms ; and here  those symptoms themselves
depend upon the failing and fleeting recollections of the Avitnesses now
produced.  God save  us all if our  lives depend upon the doubtful
memory of men!   Modern science has demonstrated  the  unreliability
of symptoms alone in determining  the presence  of  poison, and upon
that science, as upon a rock, the defendant  builds his case. Christison,
the great authority on poisons, referring to  the Avork of Orfila, vol.  2,
pa.  360, says in treating of arsenic:—"The present doctrine of toxicol-
"ogists and medical jurists seems universally to be, that symptoms alone
"can  never supply decisive  proof of its  administration.  All these
"symptoms  may  be  caused  by  natural  disease.  *   * *  Conse-
quently every sound medical jurist vyill join in condemning unreserv-
edly the practice, Avhich prevailed last century, of deciding  questions
"of poisoning,  in  such  circumstances, from symptoms alone."   And
again, "It is now laid doAvn by every esteemed author in  medical juris-
prudence that  the symptoms, however  exquisitely  developed, can
"never  justify  an opinion  in  favor  of  more than high probability."
Wharton & Stille's Med. Jurisp., vol. 2, part 1,  sec.  333.— "We con-
sider the assertion hazardous and  untrue that, in every case, the symp-
toms of irritant poisoning can be distinguished from those of bilious
"cholera."  When their own experts Avere pressed  with these  authori-
ties and many more, only one wrould dare  swear that from the symp-
toms alone he Avould pronounce the death to have been  caused by ar-
senical poisoning.  That exception  was Dr. Junkin,  who having seen
in his lifetime two cases besides this, is above all science and all laAV.
  The post mortem is their next reliance.  But Dr.  Field is  not able
to say, and will not say where human life may be the forfeit,  from the
appearances at the examination of those dead bodies, that death  Avas
caused by irritant poisoning.   [Mr. Scott then detailed the results ob-
tained from the post  mortem.]  The imflammation  and erosion, he
says, might  have been caused by natural agencies, and the appearance
of the stomach and intestines was not easily distinguishable from that
Avhich Avould be  caused by bilious cholera.  Perforation Avas discov-
ered,  and this is strong  against  the  theory of arsenical poisoning.
Wharton &  Stille, vol. 2, sec. 334.—"Perforation from arsenic,  Avhich
"poison is the one to which it will most probably be attributed,  is  so
"rare an event that but three cases  are said  to  be on record ;  and the
"fact  of the  perforation being so unusual, in a form of poisoning so un-
"common, renders it highly probable that in these instances it was due
"to an already diseased state of the coats of the stomach."   Because
they  failed   to find  the poison in the stomach, as they  expected, the
theory of the CommonAvealth is this :—That the arsenic was ejected
from the stomach by excessive vomiting; or, because it Avas taken  in a
hot solution, that it Avas quickly absorbed into the blood vessels of the
body.   The latter branch of this theory, Ave will  dispose  of hereafter. 
163
If the stomach had ejected at once the arsenic taken down, there could
have been no absorption ;  and therefore no death, Wharton  <K  Stille,
vol. 2, sec. 325.   Excessive vomiting like this  Avould  have weakened
the stomach, and left it in a precarious condition to receive the emetic
which was given.  Sulphate of zinc Avas that emetic, as you remember ;
and is itself classed as an  irritant poison.  It might then  easily have
caused the post mortem appearances of inflammation ;  and worse than
that, Avhich is more to the purpose, under the conditions of the system
when administered, the stomach weakened by excessive vomiting,  and
the poison ejected, if arsenic was there, death would  have been a  nec-
essary result.  Taylor Med. Jurisp. pa. 183.  [Mr. Scott discussed at
length the evidence upon  this point.]   Gentlemen of the Jury, say if
you can ;  say if you will;  say, if you dare,  that there  is any proof,
from symptoms of suffering, and appearances of the post mortem that
death was caused from poisoning by arsenic.
  We proceed another step, to the chemical analysis ; and of this there
are two branches.  The first  is that of Mr. Davidson upon the con-
tents of the coffee-pot; and the  package from  Dr.  Junkin and  Dr.
Seem.   There can be no doubt that the results of his examination, dis-
played before the jury, contain quantities greater or less in  extent of
arsenious acid.   But that  gives me no pause.  That poison was not in
the coffee-pot, from which  the packages were taken, at supper time on
this thirty-first of May. That is the vital point; and  if it  had been
there in the large quantities now produced, Dr.  Mclntire's  examina-
tion  of the stomachs  of the deceased, would have produced similar
results.  After supper upon that fatal night, for a period of more than
three  hours, with the house  and  the  yard  filled with people, hating
free access to all parts of the premises, they have failed to  account for
the custody and keeping of this vessel of death.   As exhibited in court,
here and now, upon that table, not one witness identifies it, as the  one
used upon the occasion. There  were  fifty or  sixty people there for
some hours.  At 10 o'clock or after, Emmeline Sandt  brings the  cof-
fee-pot to Dr. Seem ; but he finds nothing then.  It is deposited upon
the sink in the kitchen, where it remains.exposed until nine o'clock in
the morning, without examination.  Many people  are through  the
house all night; and we have shown there was a packxge of arsenic at
that very time in one of those rooms, not in the keeping  of this  defend-
ant—then  sick in bed—not purchased by him; and they have not  pro-
duced one witness, from their Avhole array to prove  that package re-
mained untouched.  They are not able.  In the morning, after, four-
teen hours of public exposure, this vessel is examined  by Dr. Seem
and Dr Junkin, and  the contents divided, liquid and sediment.  [Mr.
Scott then discussed the evidence upon the custody of  these packages ;
that they Avere lying upon the sill at the open window, until the after-
noon 1  And then when this  coffee-pot was put into the possession of
the Coroner for examination, he  left it  under the seat of the carriage
at the livery stable ; and that carriage was immediately hired to  Mr.
Martin who with his wife, at 7 o'clock in the evening,  drove back to
Mineral Springs, the scene of the tragedy;  the horse was tied in front
of Mr  Kichline's hotel for more than two hours; after dark, with a 
164
hundred people around, drawn by  curiosity and  excitement.  Then
the carriage is returned, after ten o'clock,  and  Mr.  Carey  awaits its
coming.  And they purpose giving to you, the chemical analysis made
upon the contents of that flying vessel, and ask you  to  condemn hint
to death.   This analysis was not made for the case.   They  depended
upon the results of Dr. Mclntire's examination ; and vdien that failed
their purpose, they Avere driven to this expedient.   Mr. Davidson is
modest enough to make no pretensions to be an expert.   He has had
but little experience in chemistry.  He is a student in the College, and
boarded with Dr. Junkin, who handed him this  package to examine
for experiment.  He tested none of the chemicals  used in his analysis
to detect the presence of arsenic there ; many of them,  he admits,  in
an impure state contain arsenic.   [Mr. Scott referred to Wh. & Stille's
Med. Jurisp., vol. 2, sees. 423, 426, 426, 430, upon  the fancies of the
tests employed.]   The analysis  of Dr.  Mclntire presents a different
consideration; and  this  is  the  last  point In the proof of the corpus.
The examination was made of the stomach  and  intestines ; and two
small crystals of arsenic, not perceptible by the sense of the naked eye,
are produced here as the result of that investigation. They ask for a
conviction upon that; and the other branch of the theory discussed
before, is brought as the argument here.  They no  longer seek to con-
vict upon the presence of arsenic as  found in the  deceased, but upon
its absence.   Their experts have said that the  arsenic must have been
dropped into  the coffee-pot, Avhile upon the stove, and after boiling for
some time,  to have held so much in  solution ;  and  this Avarm coffee
then taken into the body, would facilitate  the rapid  absorption of the
arsenic through  the  blood vessels of the system.   This theory is ad-
vanced to account for the absence of arsenic in the stomachs exam-
ined ; but that is fatal evidence for them.  Not five miles away, in that
little church-yard, rest those bodies  yet.   When the examination  of
the stomach failed to give forth the poison, it Avas their duty  to put a
tongue in those dead  bodies Avhich would "speak Avith most miraculous
organ."  They find two crystals, as they say, which I have  not seen;
Avhich you have not seen, which lie buried in those  small tubes from
human sight.  And yet, if their theory is true, that sleeping dust con-
tains the evidence of the crime; and   that is not  produced.  In the
stomach of Martin Laros,  these crystals Ave re  found ; in the stomach
of Mrs. Laros, and of Moses Schug,  none.   "The  symptoms Avere all
alike in kind  though  differing in degree."  What caused the death  of
the other two?   Why are the rest living ?  These  two  crystals con-
tain more than the fifty-thousandth part of a grain and less than a five-
thousandth  part;  and  yet the smallest dose that  causes death is two
grains.  Chemical analysis can marry and divorce  the elements of the
physical Avorld at its  pleasure ; it can penetrate the mysteries of na-
ture with a skill as exquisite as that of
                 "The hand that rounded Peter's dome,
        And groined the aisles of Christian Rome,"
and it fails to find  the least trace of arsenic;  none is  there to cause
death.   It would take, by Dr. Mclntire's own evidence, at least ten
thousand times more  poison, than his  analysis found. At least!  He 
165
 is not sure that it might not be one  hundred  thousand times that
 much.   If n was there in quantity sufficient for fatal purposes, where
 is it now ?  Either vomited from the system at once, upon that night;
 or hiding in that body still.  And if ejected within a  few minutes
 after its lodgement, as they said, there would have been no death, and
 if in those sleeping  bodies, they  could, and can  yet  resolve your
 doubts; for two other indictments are upon his head.
   They never  died by poison ! whence came those two crystals ? if
 any crystals were at all produced; for no glass has been  furnished
 to you or to me, and  none in court, that we could see them there.  Let
 Dr.  Stille answer—Med. Jurisp.,  vol. 2, p. 291.—" The fallacies at-
 " tending chemical analysis when conducted  by an expert chemist are
 "feAV ; they arise chiefly from the fact of the possible accidental impreg-
 "nation of the reagents, or of the substance  to  be examined,  with the
 "same mineral  poison, as  that Avhich is the object of the analyst to de-
 "tect."   And although Dr.  Mclntyre tested  these reagents,  it  is not
 impossible ; not improbable, that in the various chemicals used there
 remained that  "accidental presence" of the  hundred-thousandth part
 enough of arsenic to take a human life.  Taylor's Med  Jurisp., page
 155.—"A  reasonable objection  may be  taken to a dogmatic reliance
 "upon the alleged discovery in a dead body of minute fractional por-
 "tions of a grain ; and considering the great  liability  to fallacy from
 "the accidental presence of arsenic from the articles used, the chemical
 "evidence in the French case  of Madame LaFarge (1840)  in which
 "the whole quantity discovered in the dead body  was stated  to be  the
 "hundred and thirtieth part of a grain, was of a most  Unsatisfactory
 "kind, and should have been rejected by the Court.  No man with any
 "respect for his character,  or for the common sense of a jury, Avould base
 "chemical evidence on the thousandth or less than the thousandth part
 "of a grain in a case of life and death."   They made  no analysis  of
 the vomit or ejected matter.  Then the  proof Avould have been sure.
 You cannot condemn  to death, upon hypothesis.  Remember the cases
 already referred to in this trial, of Mrs.  Wharton; of Paul Schceppe;
 he was convicted of murder in the first degree; the evidence there was
 better than this.  From his cell, he heard the ringing of the hammers,
 as they built the scaffold to seal his doom.  But science was  not satis-
 fied.  Another  trial Avas secured ; and it was shown  that  the tests  of
 the  chemical examination  to discover poison, were not reliable;  his
 prison gates Avere opened,  and he  walked a free man.  Mr.  Fox has
 said  already here, that he should have been hung.  The opinion of the
 world is the other Avay ; the opinion of science is the other way ; the
 opinion of the law, the opinion of the jury who sat in judgment were
 the other Avay.   And if we are not to try  this  case  according to the
 truths of science, and  by the law,  let us know it;  we will adjourn this
 Court •  you may go to your homes; and he will go to his death.  But
 let me  say, as Lord Chatham said it, "This I know, that where law
ends, there tyranny begins."
  These  experts have  been AVilhng to say for the Commonwealth, that
with the evidence of these two crystals of arsenious acid, added to the
symptoms and post mortem appearances,  death was caused by poison. 
166
 But I care not, how great their reputation may  be ;  they cannot and
 shall not swear doAvn the science  of  a hundred  years.  They Avould
 swear away a life in their professional pride and send  a  man  to the
 gallows through their esprit de corps.   They have shown  their feeling
 here.  They sat at that table, around Mr. Fox, avIio again and again,
 as they Avere trampled down, rallied  them to  the conflict, like  King
 Henry of Navarre, with his Avhite waving plume marshalling his hosts
 to battle.  And in  return for his  service, they, each  in  succession, sat
 beside him, and loaded  him to the muzzle with a medical dictionary,
 Avhich he fired off Avith the choice epithets of  that ./Esculapian  art.
 They are all here, if the Court please, like those  philosophers, whom
 Cicero  describes,  in De Divinatione, willing, even anxious to support
 some theory, hoAvever absurd.  Nil tarn absurde potest did, quod non
 dicatur ab aliquo philosophorum.
   Assuming for the purpose of argument,  that  they have proven the
 death of Martin Laros to have been caused by arsenic, we advance to
 the question of the  defendant's connection  with  the crime ; and here
 we rest secure, for their OAvn evidence establishes his innocence.
   They have called Dr. Voorhies, the druggist, to prove the purchase
 of four and a half ounces  of arsenic,  two days before the act.   [Mr.
 Scott adverted at length to the testimony of identification  of the pris-
 oner, and referred to Purdon's Digest, "Crimes"  act, placitum 100.] If
 this defendant purchased the poison as alleged,  Avithout a  prescription
 and without  registry of his name, and if he was guilty of this crime,
 then I charge Dr. Voorhies with being an accessory to the murder, for
 this act of the Legislature Avas passed for the  very purpose of prevent-
 ing these  improper  sales of poisonous drugs.   If he had demanded the
 name from the purchaser to be entered of record, to use hereafter as  a
 written witness against him,  the man would have walked from the
 store, as he came; and this druggist, who goes to sleep upon the stand
 Avhile under examination, would not have been here to criminate  him-
 self.  This is but little to the  purpose.  If the  defendant purchased
 the poison, it makes no  difference.  The  Commonwealth's case puts
 this poison in the coffee-pot Avhile upon the stove in the kitchen  during
 the preparation for  supper.  It must have been put in then, or  not at
 all; for Alice brought that vessel from the closet for the  purposes of
 supper.  Nothing was in it then.   They  say  it  was put  in after the
 water  was boiling,  as it could only  thus have held so much in solu-
 tion.  Be it so! that is their science.  For us it is  enough that if put
 in at all, it Avas necessarily  done  after the  pot was upon the stove.
 £i ow, remember well the evidence, for this is the dividing  line between
 life and death.  Alvin and  Alice  were  that  day at school to their
 brother Clinton; and returned home earlier than  Allen,  who  taught
 three  miles away.   They went  to  the  field;  and while there Allen
 passed on the way home.  Clara was also in the field.  Half an hour
before  supper  they returned to  the house.  The mother Avas in the
wash-house.  Alice  went in ; took  the  coffee-pot from the closet; put
the coffee  in it for supper; placed it on the stove.   Nothing Avas wrong
 •uV Z  ,   Was Allen' when she came from the field ? In the shoo
with his father, across the road, above the line of the main building • 
167
 out of sight of the wash-house.   Alice went out down to the river ;  left
 ^lara and her mother in this place when  supper  was  preparing ;  the
 mother  Avas  sewing,  with face to  the stove.  When Alice returned,
 tdara and her  mother were still there;  the mother was still sewing
 Uara said she remained ; did not see her  mother go out before supper ;
 Alten did not come in.  That is the whole storv.  The Commonwealth
 to establish the criminal agency of the defendant, must give him  the
 opportunity to put the poison iu this pot;  Allen did  not come  in with
 the first to supper.   If he had been iu the Avash-house  in the  interval
 that Alice Avas at the river, his only chance Avas before the eves of his
 mother and in sight of Clara.   But  he  did not even come in.  They
 have excluded him from this opportunity  ; they have negatived,  not
 proven his guilt; [Mr. Scott here  elaborated this  evidence.]  They
 have given in evidence, as proof of the motive,  the larceny of money,
 and the finding of the pocket-book of deceased.  The money  was  not
 micsed until Thursday night; at that time the father and mother were
 both  dead ; and recollect that the prisoner had not  left his bed after
 Dr. Seem administered the emetic on Wednesday  night.  The inside
 draAver of the secretary Avhere the money  Avas kept Avas locked by a key
 carried by his father in a smaller book in his pecket; the lock was not
 broken when  examined, and Avhen the  money  was missed.  If Allen
 took the money he  had it already before supper on Wednesday night;
 Avhat then was his motive for the deed? He could  have easily escaped
 with the money ;  he could Justus easily have escaped  after  the mur-
 der.  But innocent, and unsuspecting of accusation, he made no effort
 for that.  Recollect that the door of the secretary was  unlocked, when
 examined ; the outside door  Avas  locked by a key kept in an open
 draAver  beloAV.  Any  one from the many people  Avhoin the scenes  of
 that night, iu  that house gathered together, amid  the  confusion  and
 distress,  had free  access to that drawer.  Allen  never left his bed.
  They say that on Saturday when accused of the crime, he  indicated
 where the money Avas to be found  buried.  Schooley, Carey and Hil-
 debrandt repaired to the place.  Both the constable and coroner dug
 for it; but found  it not.  They Avent to the house, and after some time
 were returning again to the spot; but met Hildebrandt with the pock-
 etbook in his hand.
  Why Avas Hildebrandt not called as a Avitness ?  the  other two Avho
 searched aud did not find it at the designated place,  Avere sworn ; the
 man Avho found it, Avas not placed upon the stand.   Is it  not clear?
 It Avas not found  Avhere the prisoner said ;  he knew not Avhere  it Avas.
 Goaded to frenzy by racking brain,  and torturing disease, and  false
 accusations he tried to purchase peace by Cassandra's raving auguries,
 —and failed.
  This  is the last  of  their case except the alleged conversation  with
 William Schug in the county prison.  As  the Court will  instruct you,
 before you can take this into consideration, you must be satisfied from
 the proof of the Commonwealth that  there is  other corroborative evi-
dence to the corpus of the offence; to the fact of death and criminal
ao-ency in such death;  and that there is some circumstance to indicate
the defendant's connection with the crime.  There  is none here;  they 
168
have affirmatively shut  him out from guilty participation.  It is  a
principle of law, in this country, that in a capital case,  no man shall
be condemned to death upon his oavu confession  alone ;  and that prin-
ciple has been moulded into shape from the experience of the Avorld,
where men have been convicted and  executed upon their  own confes-
sion ; and  their  alleged  victims  have afterwards returned to their
homes, alive and \vell.[ Mr. Scott read several of these cases.]   But in
point of fact  there  is  no  confession here.  In ansAver to  Mr. Sehug's
question,  "What  did  you mean?" the  prisoner said, "I don't know
what I meant; I had no reason ;  I am sorry the  way it is; but it is
too late."   That is all.  Nothing to  indicate that  he referred  to  the
commission of this monstrous  crime.  He Avas sorry the way it Avas.
Why not?  His  father and  mother Avere dead ; the family was scat-
tered in these  feAV  months ; some to the church-yard, and some  to  the
jail.  Too late to restore that family circle  complete!  Too late !  too
late! will ring in their ears to the last syllable of recorded time. And
if it Avas  a confession  of this identical offence, you cannot convict;
there is no corroborative evidence of  the corpus delicti; and if he meant
to confess the crime, then the Commonwealth have shown  it false ;  for
they prove him innocent.   They have excluded him from  that oppor-
tunity to commit the deed.  It  was  one  of those delusory actions of
the mind, similar to that which induced him to  direct  the officers of
the law, to that place where the money was  not  found buried.  His
reason was Aveakened by the disease  of  these epileptic attacks  in  the
prison.  The Avitness Avas related to one  of the victims.  Borne  down
by despair and by suffering, the Avorld in arms against him, he vainly
sought support upon a broken reed.  [Mr. Scott read from Wharton &
Stille's  Med.  Jurisp, vol. 1, sec. 200, (b), for weight  to  be given to
confessions by persons of Aveakened mind.]  Why had he  never, in
terms unmistakable, confessed before?  Why did not his  unconscious
tongue give forth his crime to the world, Avhen he lay  with these con-
vulsions, and  their heavy grips ?   The spirit of  his murdered father,
the spirit of his murdered mother Avould stand beside him ; the phan-
toms of a tribe of avenging shades and shadows, would haunt him  on,
and  torture him ever.  Even unexecuted  purposes of guilt, are bab-
bled  forth  by insane  tongues ; and in their frenzy and  their fancy,
they think the deed was done.  The  monastic system has presented us
the phantoms of sensuality of Jerome, and the phantoms  of pride of
Simon Stylites.  Sir David Wilkie in one  of his  drawings—a copy of
a Spanish picture—has painted a young monk,  feverish Avith  the in-
ternal gnaAvings of mere permitted  conceptions, appealing for solace to
an aged confessor ; and the agonized  expression of the supplicant, and
the  sad  Avise  sympathy of the confessor, tell the story plainly.   But
Avith all these mortal murders on  his crown, this  defendant's mouth
was sealed, when the raving spasms came !
  This is all their case.   You cannot convict the defendant; you have
no need to consider his mental condition, as the excuse for the crime.
They have not proven that Martin Laros died by  poison ; they have
not proven he had the symptoms of arsenical poisoning ; they have not
produced in court, by all their skilful analysis from thestomach of the 
169
deceased, any arsenic that you, or I have seen.  If it was the  cause of
death, they have themselves proven the defendant  innocent.  But his
counsel  would be recreant, if they neglected to present the whole of
his defence.   We say you should stop here ; but his little bark is too
heavily freighted with human hopes to justify a rest upon the oar.
   We have carried you backward four years to the time he lived at John
Mann's, and from thence forward to this trial.  We have  shown those
abnormal and irregular conditions of the defendant's  mind, resulting
from  epilepsy.   At intervals during this period, he was suffering from
the disease.   For a month before this evening,  these  spasms  came in
quicker succession.   Recollect, we do not say that this man is insane.
Possibly as he sits there now, he understands as fully  as  you  do, the
remarks I make.  But for an indefinite period, before and after these
attacks, the mind  is not in condition to  understand the nature and
quality  of a criminal act.   This branch of the defence will be discussed
by my colleague; but it applies to the case of the Commonwealth in
another way than as a total excuse ; if you could ever find that his hand
committed the deed.
   The law of  Pennsylvania, compels the defendant to satisfy you, by
the weight of the evidence, of his irresponsibility upon this Wednesday
night.  If we could have proven that he had one  of  these convulsive
spasms, with the clenched hand, and the fixed eye, and  the  grinding
teeth, at the very  moment the  instrument of death Avas used, that
would be a satisfactory proof; for then  the  suffering  patient  is alto-
gether unconscious.  But this is  different.  We  have  proven these
spasms  upon Tuesday night; upon Thursday  morning;  and  the evi-
dence of attack Avhile he sat at the table for that  fatal evening meal.
We have proven—hoAV  often ! before confinement,  and since,  that for
a period of several hours, after the spells had passed  aAvay,  his mind
was clouded and confused; by his conversations and his  acts, not re-
sponsible.  Dr.  Ray Avas pronounced to be the very highest authority
by Dr.  Curwen, who sat at the table of the prosecution as their expert.
His work on the Jurisprudence of Insanity is authority in the  Courts
of two hemispheres.   He declares for an immunity  of punishment to
epileptics for acts committed within  three  days before or after an at-
tack.  [Reads from sees. 465-469.]  We have brought the defendant
much closer than that.   "All epilepsy," says Marce, "warrants upon
"the event of a criminal  act, the suspicion  of  mental disorder; and
"this  suspicion is increased in the absence of  any strong personal mo-
"five  "   What personal motive had this defendant  for taking  the life
of his father and mother,  and the whole of that family gathered to-
gether.   Does  not  reason turn to  insanity as the only explanation?
Judge Beardslee of New York in the Freeman case,  said that an in-
sane act was evidence of an insane mind.  They say he taught school
upon  the day of the deed;  and nothing wrong was noticed.   The an-
swer  is   in  Browne's Jurisp. of Insanity, page 451—"The individual
"who  is  liable to epileptic fits is to all appearance in every respect like
"his felloAV-men, except  at the time  of seizure.  He is able to conduct
"his business; he is able  to perform his professional duties; he is able to
"continue his' amusements and pursuits, Avith as much  zest, intelligence 
170
"and vigor."   [Mr. Scott discussed the evidence at length ;  and referr-
ing to ingenuity and reasoning of lunatics, read  Erskine's  speech for
Hadfield, vol.  2, pa. 497.  Wh. & Stille, vol. 1, sec. 378.]
  If the evideuce has failed to satisfy you, under the laAV, that he Avas
altogether irresponsible for the act, if you should find him guilty, your
verdict could be only for murder in the second degree.   His mind was
in that condition which rendered it incapable of forming  the specific
intent to take  life.  The defendant is not to  prove this  by the Aveight
of the evidence.   If you have a reasonable doubt, of the power of his
mind to deliberate and premeditate, you must acquit of the higher de-
gree, and convict of the loAver.  [Wh.  Crim. LaAV, vol. 1,  710.]   In-
toxication is always permitted to be given in evidence  to reduce the
degree.   When the hand of God has been laid upon a man in disease,
which obscures the mind, shall it be said he has not the same rights, as
that man, who in a drunken braAvl, stabs his adversary to the heart,
Avith an assassin's knife ?   "Partial insanity  may be evidence to dis-
prove the presence of the kind of malice required by the laAV to con-
"tribute  the particular  crime, of  which  the  prisoner is accused."
[Stephen's  Crim.  Law of Eng,  Lond., 1863,  pa. 92.]   "Epileptic,
"nervous and cerebral diseases, and hereditary tendency may be put
"in evidence to loAver the grade of the  offence,  though they do not
"amount to insanity.  In so doing, we but follow the authorities Avhich
"declare that drunkenness, though no defence, to crime may be  used
"to show that an assault Avas not deliberate."  [Wh.  Crim.  Law, vol.
1, sec. 24, s3.]
  You have no doubt his mind was  affected as the result of these at-
tacks ;  you can have no doubt of that.  Hoav long  had he suffered  in
silence? how often had he fled to a hiding  place,  Avhen he felt the
dread symptoms approaching?  AAvay in the fields, out in  the Avoods,
from human sight, with no eye but God's to watch his struggles.  How
he cried, Avhen at last in the field his brother discovered the infirmity;
hoAV he charged him with secrecy ; hoAV he wandered at night through
that old house; how he complained, "Oh! Avould that the  night Avere
gone ; I can sleep no more."  All  this  is part  of the history of the
case.  How like that most terrible picture of madness in all  antiquity,
which Sentonius has painted,  of the crazed old Roman  Emperor, wan-
dering at  midnight  through the deserted halls of the palaces of the
Imperial Caesars.   Do you doubt that the disease is epilepsy ?   Even
Dr. Green upon the other side has said, he didn't knoAV what to call
it, if it wTasn't  that.  Dr. Curwen also says it was epileptoid  in its char-
acter.  Dr. Junkin, with his science, calls epilepsy a symptom and not
a disease ; but then he doesn't believe in these books of authority;  he
stands, as he says, upon common sense; these  men are  welcome to
their opinion; he will hold to his.   And when he is asked  to tell ua
what this malady is, he plays Hamlet in high tragedy before the Court,
and answers "That's the question !"   Excellent man ! take him to the
bedside  of the  patient,  He can tell him the sickness is not typhoid
fever;  it is not small-pox; it is not bilious cholera; but when the suf-
ferer  anxiously asks the nature of his  affliction, he receives for satis-
faction "Ah!  that's the question."   But Dr. Seip Avhom we  call here 
171
  s not an interested witness; he appears in his official position;  he is
 tne physician of the prison.   Night and day, when he was  called he
 saw the defendant in his cell;  saw him with the spells upon  him ; saw
 mm when they had passed away.  Not another docter here,  saw  him,
 except as he sat m Court beside  his counsel.   With  the opportunity
 tor  watching;  the opportunity for examination, Dr. Seip was not de-
 ceived.  He says it is epilepsy.  You have heard what tests  were ap-
 plied in the presence of the warden, and others in the jail.  [Mr. Scott
 described  the  tests.]   He never knew, until  he heard it here,  what
 branded those marks upon his face.  When  these excruciating tests
 were used, he never quivered to  the touch.  All  the  symptoms  ; the
 foolish talk ;  the gritting  teeth ; the hand clenched upon the thumb ;
 the  fixed  eye;  the contused look; the knife; the sealing  wax ; the
 burning lamp ;  all—all were unhappy prologues to the swelling act of
 this imperial theme.  And yet Dr. Green has thought the tests insuffi-
 cient.   He was not able to suggest another ; but Avas  sure  he  could
 stand a burning lamp, applied to the sole of the foot, and make no mo-
 tion.  He says, martyrs have placed their arms in* fire and held them
 there until consumed.   I have heard of Fox's martyrs  before.   This
 is the last edition Avith improved  revisions by one of them.  I think he
 Avould find  that one test alone satisfactory.  If not,  Ave  might  roast
 him upon a gridiron, and let him sing the song of St. LaAvrence,
                     " This side enough is toasted ;           '
                        Then turn me tyrant, and eat.
                       And see whether raw, or roasted,
                        I am the better meat."
   The proof of epilepsy does not  depend upon  the testimony of Dr.
 Seip; and the warden and  witnesses in the jail.  We  have  shown a
 correspondence of symptoms, for  four years before.  To say, he feigned
 epilepsy in prison for his defence, is to say that for tAvo years, he medi-
 tated the crime ; that he anticipated this defence ;  that he,  this  boy,
 studied the mysteries of science, learned the symptoms of disease ; and
 then practised the simulation.  We have  called  for proof the living
 members of the family.   Ah more ! we have invoked the testimony of
 the dead.  We have called from  the grave that father and mother, to
 the Bar of this  Court, to plead Avith their living voice, and their skele-
 ton fingers for justice to  that forsaken sou.   His sisters have said  that
 when the family learned of this disorder the strict injunction  was  laid
 upon them all,  never to tell it abroad.  "For then the young people,
 would think he was not right;  and would not go in his company any
 more."   How like that tenderest  touch in all the fictions of the classic
 tongues! when Andromache stood upon the towers of Ilium  and saw
 Hector dragged by swift horses towards the hollow ships of the Greeks,
 gasping through her sobs, she bewailed the sad  fate, that  through his
 death, deprived their boy, of all companions of  his own age, since  now
 the husband, the father, the hero  is gone.  They all knew of  his  dis-
 ease  ; they sought to shield him form the rough  approaches of the
 world.   He, Avith his ambition wasted; with his mind weakening, can
sleep no more.   "Would that  the night were  gone!"   I repeat his
prayer. 
172
  I have finished my part of the case; yet I am loth to close.   His
life is in your hands!  If you find him guilty, the doom which comes
to him, blasts the living and the dead.  But  I  feel  it is safe to leave
him to you.   Judge not, that ye be not judged.
   Hon.  William S. Kirkpatrick then spoke in behalf of the defendant
 as follows :—
  [Upon the conclusion of Mr. Scott's speech, Mr. Kirkpatrick occupied the remainder of
 the afternoon session, about an hour and a half. He continued the next day (Tuesday),
 speaking the entire morning session and the first hour in the afternoon. His address is
 not very fully reported.—Ed.]
   If the  Court please :—
   Gentlemen of the Jury :—It is my duty—a duty that weighs
 heavily  upon  me—to  say the last Avord on behalf of the prisoner at
 the bar.   I am sure that amid  the changing  scenes  of this long and
 eventful trial, you have at all times realized the solemn nature of your
 office.   If some of the witnesses who  have  been so industriously
 and devotedly  holding up the hands of the  Commonwealth  have, in
 their untimely and  feeble  attempts  at  wit and in pedantic parade
 sought by unseemly displays tocaterto the amusementof the crowd and
 belittle the one great issue of life and death, you at least by your grave
 and decorous attention  have shown  your appreciation of the solemn
 question suspended in debate.  Under the laws of this Commonwealth,
 upon proper cause shoAvn, Ave might have removed this case out of the
 lurid atmosphere which has enveloped this community ever since the
 harrowing details of  this great tragedy Avere made public, but,confid-
 ing in that sense of justice and  respect for law which have ever char-
 acterized this  people,  Ave have been content to commit the unhappy
 fortunes   of  our client to a  jury selected from his own neighborhood.
 As Ave anxiously looked upon your faces Avhen subjected  to the neces-
 sary  scrutiny,   Ave  saAV  in them the resolution to blot out all  previous
 opinions and prejudices and deal justly with  the prisoner.   There is
 not a member of this jury who  has not frankly admitted  that  he  had
 prejudged the case, but Ave knoAV that, difficult as it is, you Avill divest
 yourselves of that opinion, whatever it may have been,  and  will try
 the issue according to the law and the evidence.   Remember that the
 oath you all ha\re registered appeals to you with its powerful sanctions
 to expel from your minds every preconception and rigorously  exacts a
 verdict based upon  the  evidence  alone.   No previous opinion must
 weigh a feather's weight.  Bear in mind that unless you  arrive at a
 moral certainty of the truth  of every  allegation contained in the in-
 dictment you cannot—you dare not—find a verdict of guilty.   If your
judgments waver—if you hesitate—if doubt arrests for a  moment the
swift assent, you must acquit.   A single link in the  chain unforged or 
173
broken--and you are bound to find a verdict for the prisoner.  Upon
your deliberations depend a human life, that sacred thing, fragile and
fleeting yet priceless, shielded by the most impressive sanctions of God
and man.   I tremble when I think that I may be mentally and phy-
sically unequal to the task before me.
   As has been our duty we have relentlessly exposed the weakness of
the Commonwealth's own case.  They have utterly failed to establish
the fact of poisoning or criminal agency.   Their own testimony  begets
that reasonable doubt Avhich must bar your path to  a  verdict  like a
drawn sword.   It is just here that you must exercise'restraint and cau-
tion. It is here you must battle with and  mercilessly subdue all former
impressions, as the insidious foes of your consciences, and remembering
that the law is honored and the ends of justice best subserved by strict
and literal fidelity  to your obligations  as jurors,  you  must sternly
resolve to consider nothing but the sworn testimony and to give it no
more weight than it is intrinsically entitled to.
   This branch of the case has already been elaborately  discussed by
my colleague, and if you rely upon the evidence  alone,  as  you must,
you will feel its absolute insufficiency to convince.  I will  not, there-
fore, weaken the  force of what my associate has so well said by reitera-
tion, but will at once address myself to  that portion of this defence
which  has  fallen  to my lot.  We say that even if you find  that Allen
C. Laros administered the poison, and that Martin Laros died from it,
the prisoner was  not morally or criminally responsible for his  acts at
the time by reason  of  mental disease,  and without discussing any
further the fact of poisoning, I boldly challenge you to  find that this
young man is  a fit subject for punishment.

   We  do not stand here, holding on to the plea of insanity Avith des-
perate clutch,  as  the last resort of a hopeless defence, but to see that the
law is vindicated in  the acquittal of this poor, stricken creature,  and
that justice is  not profaned by the sacrifice of an irresponsible  being.
I know that the defence of insanity is  looked upon Avith suspicion  and
is regarded as the usual device of counsel Avhoseek triumph at the ex-
pense of public justice ;  but such is not our position.   We are not here
to aid in the escape of a criminal from the  grasp  of the laAV, but to
ward off Avith our  feeble hands the impending arm of an  avenger
from  one  Avhom a  stroke from heaven  has already  blasted,  to
prevent if possible the ghastly consummation  of  a  dreadful mistake.
Justice needs no  bleeding victim.  Her  sanctuaries  are defiled when
the spirit of the avenger animates and impels her ministers.   You will
not rest securer, the peace of the community  will not be more serene
by the inconsiderate sacrifice  of  this  defendant, stricken as he is by
mental  and physical disease, in obedience to the dictate of an unrea-
soning prejudice and an insatiate appetite for retaliation. In the  distri-
butions of  providence we know that there are many  unfortunates who
for some mysterious reason seem  to suffer under the heavy hand of
God   We  cannot  fathom the Almighty's purpose.  We only  know
that' bereft of reason, the light of the soul gone out, they are tossed by
impulse and passion, the objects of pity and alarm.   Toward them the 
174
law extends its protection and does not  hold them  answerable to its
penalty.
  In this issue Ave claim that the defendant at the time of the commis-
sion of the alleged act Avas not morally or criminally responsible;  that
by  reason of  disease his body and mind Avere shattered, his  intellect
clouded, the perception  of right  and  Avrong  obliterated and impulse
unreined—and if, Gentlemen of the Jury, you are satisfied that such
was the state of the defendant's  reason  at the time, you are  bound to
acquit, the interests of society demand it, the claims  of humanity  will
compel you to  so declare in spite of the clamor of the croAvd.  There
can be no doubt from the testimony that the defendant  has  for years
been the victim of a disease which ultimately overthrows the reason
and Avith every attack Aveakens  and   confounds the  mental faculties.
There can be no doubt,  in view of the immutable facts of science  and
from  the circumstances detailed by the Avitnesses, that  the defendant
has, at times and for a long time prior to that fatal night, been laboring
under the effects of epileptic insanity.  The testimony of the Common-
wealth itself develops the fact that he was suffering under the influence
of this dread disease on  that very night and  could not  have  been re-
sponsible for any act.  I think it is fully established  that the prisoner
is the victim of this dreadful disease  so  vividly described in the scien-
tific treatises and by the medical witnesses, that the  disease  leads in
its train insanity  in its most fearful phase—the aberration and de-
struction of the moral nature;  that  the effect of this  disease  in its
paroxysms is to distract  and impair the  faculties for a time after  and
before  each attack, and that on the 31st day of May last the defend-
ant Avas suffering from this very disease and its consequences.  Was he
the subject of epilepsy ?   Does not the evidence fully demonstrate its
presence and that the prisoner's  mind Avas  involved?  There can be
no other theory to  meet  the facts than that of fraud  and  simulation,
and to accept that view  supposes a foresight and an antecedent prepa-
ration Avhich could not have been possible.   Preposterous' idea! that
this  consummate  acting should be kept up for four years in anticipa-
tion of a murder of most exceptional  horror Avithout  adequate motive
and  of  a most novel  and precarious defence;  that this young man
could have forseen years back the long chain of events culminating in
the poisoning of his father, mother, brothers and sisters and have  laid
the scheme of a defence  of unusual difficulty and intricacy!
  Addressing the Court Mr. Kirkpatrick said that, as preliminary to
the discussion of the facts, it is Avell  to  clearly understand the legal
principles pertinent to our defence, and  the limits of the possible action
of the jury.  We have already embodied  in prepositional form  our
vieAvs of  the  law of this case and have presented them to the Court.
As to the test_ of legal responsibility  the counsel stated  that the illib-
eral and unscientific notions of the English Courts had been someAvhat
expanded in  Pennsylvania, and our judges have timidly recognized
Avhat science had long discerned, that there  may  exist  disease of the
moral faculties contemporaneously Avith the perception as an intellect-
ual operation, of the moral quality of the act.   There may be  the irre-
sistible  impulse to  a  criminal  act,  the result of mental disease, the 
175
 nmd perceiving its character, but powerless through a pervading dis-
order to abstain or resist.  The test in all these cases lies in  the word
  poAver.   By  moral insanity  is  not meant mere  perversion of the
moral nature, but that subjugation and overwhelming  of the reason,
 :onscience and will through radical defect, resulting in irresistible and
uncontrollable impulse to crime.  The counsel here referred to Com. v.
Mosler, 4  Barr, 266;  Com. v. Sherlock,  14  Leg. Int., 33; Com. r.
Smith,  15 Leg. Int., 33 ; Lewis' Crim. LaAV, 404; Ortwein v. Com., 26
P. F. S., 424, as illustrating the boundaries of legal  discretion  as re-
lated to crime in Pennsylvania.  The speaker contended that, tried by
the ancient standards of legal insanity, the prisoner would under the
evidence be adjudged irresponsible,  but even if there  were evidence in
the  conduct  of the  prisoner  at the time of the alleged poisoning or
afterwards of an apparent moral recognition of  the  character  of the
act and its consequences, he was satisfied that there would be found the
elements  of insanity as defined and ascertained by the law of this
Commonwealth.  These vieAvs are the chart by which Ave undertake to
explore the testimony, and by Avhich we hope to arrive at a safe, a just
and satisfactory conclusion. Within the limits of legal irresponsibility
as thus assumed, we will find someAvhere the case of this poor creature
who sits there shrouded  in the darkening twilight of  mental and phy-
sical disease.
  Judge Kirkpatrick proceeded to discuss the poAvers of the  jury  and
the range of their possible action.   However the laws of the different
"states "have fluctuated  in  regard  to the  measure of proof required
where the defence of insanity has been set up, it seems to be  settled
here  that  the'  defendant must establish his defence by the Aveight of
the testimony.   This is the hiAV as pronounced  by the Supreme Court
upon every  proper occasion,  culminating  in  the case of Ortwein v.
Com., 26 P. F. Smith, 414.   We think this  evidence  is absolutely suf-
ficient to satisfy the most incredulous.  But if it should not attain to
the standard required  to satisfy  the minds of the  jury,  it cannot  be
ignored.  It must at least arrest the serious  attention and  assail  the
mind Avith doubts that will not doAvn at ihe Commonwealth's bidding.
The failure  to satisfy by the Aveight  of the evidence in  this case does
not relieve the jury of all further consideration.   There is the question
of degree and  upon that  there must be a decision.  Criminal cases  are
not governed by artificial presumptions.  If there be  the proof of  the
fact of poisoning there is  no absolute inexorable presumption that it is
a case  of murder in the first degree.  It is only a natural inference
operating to convince as  to the intent by its  oavu natural force and in-
fluence  upon the mind.  In  the first place there may be murder by
poison without the specific intent to take life, and a verdict of mnrder
in the second degree may be properly found under the laAV in a case of
poison.—Chauncey ex parte,  2 Ashm.,  227;  Com. v. Dougherty, 1
Browne, app. xxi.; Lane v. Com., 9 P- F.Sm., 373 ; Shaffnerv. Com.,
22 P. F. S., 60.   The statute defining murder does  not  make murder
by poison  absolutely of the first degree, but seems to require  the ele-
ment of formed intent to take life.   The jury have the absolue poAver
and discretion to find either degree.   Their action is free and theirs is 
176
 the sole power and responsibility  Avithont peremptory instruction  or
 definition from the Court, and this is the  intention of the  statute com-
 mitting to them the duty of determining the degree.—Lane v. Com., 9
 Smith.  This jury, therefore, are the absolute arbiters of the grade
 and in deliberating therein they are free  from the  dominition of all
 artificial rules and presumptions.   The sole fact of poisoning, Avithout
 any qualifying circumstances, would of itself generate belief that there
 was the specific intent to kill, because men are supposed to intend the
 natural results of their acts, just as the use of a deadly  weapon  would
 convince of the same intent,  but  if there be  accompanying circum-
 stances or testimony showing an intent to use  the  poison  for another
 purpose than to take life, to stupefy, or for an innocent purpose, there
 must be conviction only of the second degree or acquittal.  The  key
 to the degree  being the intent and murder by poison being only of the
 first degree where there is absence of evidence  qualifying  the natural
 inference from such an act, if the evidence in this case satisfies the jury
 that there was mental  disturbance or confusion arising from any cause,
 whether disease  or intoxication, or Avhether permanent or temporary,
 although that mental state may not come within the narroAV limits of
 legal insanity, it is the dnty of this jury to convict of the  lesser grade
 if by reason thereof there could not have been  formed  the  deliberate
 and specific intent to take life.  This is  the doctrine of  the  cases in
 which intoxication becomes a subject of material  inquiry, not to ex-
 cuse, but as bearing upon the subtle question of purpose.  If intoxica-
 tion, which is  a species of temporary  insanity,  may confound,  excite
 and bewilder so  as  to deprive the mind of its power of deliberation
 and intelligent volition, how  much  more Avhere that same  condition  is
 the result of disease, especially a disease AA7hich  science and skill have
 taught us through this long case  pre-eminently produces these very
 results.  The  counsel  here  referred to the  preface to Wh. on Med.
 Jurisp., where the subject is discussed at length.
  More  than  that,  if' the  evidence of  insanity,   upon  grounds of
 public policy, may not be sufficient to acquit by reason of its failure
 to preponderate and causes you to doubt as to  Avhether the  mind  Avas
 in a condition to form  the specific  intent  or  to deliberate, or if  you
 doubt that he  was legally responsible, which means  the poAver to form
 criminal intent, you must find, in the interests of humanity and  under
 the overshadowing Aving of the law's great merciful presumption, for
 the lesser degree.
  Atcommon law all killing was presumptively murder, the law  rec-
 ognizing the element of malice express or  constructive  unless repelled
 by some circumstance.   In the unrefined  and  indiscriminating juris-
 prudence of our rude English ancestry all distinctions  based  on the
 intent were confounded and heaped together.  But with the advancing
light of knowledge and culture the notions of  our criminal jurispru-
 dence have become more accurate and philosophic.  Crime is analyzed
and divided into degrees.  The mind  of the criminal is contemplated
and its states, its intents are classified.   The cold,  designing  assassin
is separated and placed upon a higher plane of guilt than he who in
the tumult of passion, surprise or  Aveakness may slay in the prosecu- 
                                177

 fl°^ °U°u-e °ther Ulllawful enterprise.   While, therefore, the naked
 iact of killing is still presumptively murder, it is only murder in the
 second degree.-l Wh. Cr. Law, §710.   The  statute'has defined  mur-
 der by poison  as of the first degree, because it is  the employment of
 an agent notoriously destructive and deadly.
   The  reasons that operate  to put the burden on the defendant in
 order to acquittal by reason of  insanity are placed upon the grounds
 ot policy.   It must be by the weight of the  evidence and not bv an
 equilibrium of belief or doubt.   The presumption  of  sanity, which is
 the natural and normal condition of man, must be overcome,  or out-
 weighed, because  a contrary presumption would be fatal to the inter-
 ests of society.  Moreover, to acquit, the jury  must find  such  fact  of
 insanity affirmatively,  and hoAv can they do so contrary to the general
 experience unless they find it by the ordinary standard governing the
 finding of any fact contained specially in their verdict?  This is  part
 thereof and is  the declaration of a fact required by the  statute to  be
 specially found to exist as their  justification.  How can  thev find it
 unless the evidence satisfies them of its existence or Avhen their minds
 £_re distracted by doubt and uncertainty ? The counsel here read  from
 OrtAvein v. Com.,  26 Smith, as suggesting these views.  This is, there-
 fore, a rule of policy and positive laAV,  and  only governs to secure
 society from the dangerous consequences of inconsiderate acquittal.
 It is entirely foreign to the question of mitigation or degree.   Just as
 intoxication as a rule of policy and for  the public security  will not
 excuse crime, but yet, when exploring for intent to fix the degree, be-
 comes a fact of the highest significance and  importance.  It  must be
 evident that this rule as to the weight of testimony does  not apply  to
 the determination of the degree.   No  interest of  the  community is
 jeopardized by excluding it there.   Punishment is meted  out, but  in
 the interest of mercy, which tempers human and divine justice, in the
 name  of that  beautiful charity  which presumes no evil, and which
 softens and irradiates the stern lineaments of  all civilized codes, let
 the doubt  be given in  favor of the less henious grade.
   If there be doubt as to the existence of the specific intent  to   take
 life, Avhether it be a doubt as to mental responsibility  or mental state,
 if the presumption of deadly intent from  the use of poison is neutral-
 ized, or balanced by other circumstances  of motive or purpose,  how
 can you find affirmatively the fact of premeditation? Iioav can this jury
 pronounce the dreadful deliverance of guilty of murder  in the  first
 decree.   If there be a single tittle of evidence  which  causes this jury
 to  pause,  which  makes  them  shrink from that aAvful conclusion, if
 they cannot acquit, let them  find  the milder  degree.  To do other-
 wise would be to violate the commonest instincts of our nature, to  run
 counter  to  all  the rules  of ordinary  human conduct, to ruthlessly
 trample down the  dictates of charity and  mercy.
  Gentlemen, these  considerations are not urged because Ave recognize
our client's guilt even in a mitigated sense.   They are only pressed
upon your attention because our duty oblige us to contemplate all the
contino-encies of your decision, to make clear the principles regulating 
178
your action, to show you that the paths of justice and mercy may be
the same.
  We do not stand here, hoAvever, begging for the mere pittance  of a
verdict of murder in the second degree.   We seek  to  extort  no un-
willing compromise.  Confident of  the strength  of our case, Ave ask
for a total acquittal.   We say that by the smitings of disease this de-
fendant has been made irresponsible, that he should  be  placed where
the healer can come to him, where he will be protected and restrained
from harm to his fellows and to himself.  The prisoner  is armed by
his very Aveakness and disease—they are now his shield and protec-
tion.
  My propositions are, that this young man is the subject of epilepsy
and has been for at least four years,  that epilepsy  is a disease  that
sooner or later produces insanity, that the mind is  more  or  less in-
volved or affected at the time  of  every attack,  and  that Allen C.
Laros was laboring under a state of insanity as the result of epilepsy
at the time of the poisoning of Martin Laros, such  as the laAV recog-
nizes as sufficient to excuse.
  We do not rely upon mere scientific  theories and guesses such as
the CommonAvealth depend  upon  to meet our defence.  We are in-
trenched in palpable facts—exhibitions and circumstances which credi-
ble Avitnesses have seen and told.  We  have produced a long array of
witnesses  who  have narrated, one after another, that which has actu-
ally occurred.  From  the  testimony of John Mann's family to the
occurrences in the jail, can there be  any doubt  that the spasms  and
convulsions detailed Avere epileptic seizures?  Can there be any question
that they Avere the indications of at least some peculiar nervous disease?
Can there be any  doubt as to the testimony  of the brothers and sisters
of Allen Laros,  or  of Dr.  Seem,  or of those who noAV sleep in the
church yard ?  Can there be any hesitation as to the accuracy of ob-
servation  or recollection  of all  these  witnesses?  Do they not all
closely correspond in their description of the peculiar features of these
spells ?   Without community of interest or suspicion of  concert  they
ail agree.   Wherever we hear of these  attacks they present the same
general peculiarities.  Hoav can you doubt that he Avas  in the grasp
of some powerful disease ?  that on every occasion it Avas the same ? As
to the experts Avho have been marshalled about the  Commonwealth's
table,  their  dogmatic opinions and assertions cannot outweigh the
testimony of those who felt, touched and lived with the prisoner.  One
solid fact observed and  detailed is  worth  all  the theories that have
been croAvded into this case by  the Commonwealth's experts.  The
story of a plain, simple farmer  like  John  Mann,  accustomed to de-
scribe  Avhat he sees  in plain language, Avith no reason to distort or
exaggerate, is Avorth all the vagaries of Dr. Green.  Can  the doubts
and the  vascillating  testimony of  Dr. Cunven disturb for a moment
the conviction produced by the untarnished statement of John Mann's
wife and the others Avho saAv and  described these  attacks on many
different occasions ?
   [The counsel here commenced to revieAv the testimony of John Mann
and his family, when the Court announced the hour of adjournment.] 
179
   The  next  morning  in resuming Judge Kirkpatrick said he had
 barely announced the propositions that the defence undertook to main-
 tain   Ihe present question is,  Was  Allen Laros the subject of epi-
 lepsy?   This is the first step in our theory.  And  here let me  warn
 you  not to judge  this  defence too hastily because of its novelty  to
 you.   I see in this silent waiting  crowd  Avho  surround you the "evi-
 dences of the deep and absorbing interest that centers in your deliber-
 ations.   The tide of prejudice and  passion breaks in vain against us.
 If there be one in this great audience Avho is  impatient of this pro-
 longed trial, this calm and passionless  investigation, and  thirsts for
 swift and sanguinary  retribution,  let him remember that "Vengeance
 is mine, saith the Lord."  I know of no  sublimer  spectacle on  earth
 than that of a court of justice deliberately and dispassionately inquir-
 ing into the truth of a grave charge involving life or liberty, and ren-
 dering its judgment Avithout regard to the feelings,  the  emotions, the
 prejudices of the hour.   It presents the image of a  sanctuary Avhere
 all is hushed and holy and Avhere the hunted  fugitive may grasp the
 horns of the altar safe from the pursuit of the impetuous avenger.  It
 is here that the loud clamor of passion is stilled  and  reason sits en-
 shrined.  Let us then approach the question  of this man's legal re-
 sponsibility in the spirit of the impartial  searcher after  truth.  Let  us
 apply the cold investigating faculty, and Avhatever may be the finding,
 let us fearlessly accept the result.
   The  repetition of these scenes through a period of more than four
 years, each  resembling  the  rest, Avith no cause or motive to deceive,
 shoAV that this man Avas afflicted Avith some  chronic disease.   What
 reason could he have had to feign any affection, especially of a kind
 that would  make him an object of pity and alarm  to his companions
 and  friends ?   If through  perversity or for  some special reason he
 should have been guily of pretence and acting,  what conceivable ob-
ject could he have had on all these different occasions Avhich we  have
 multiplied by Avitness after Avitness in every  conceivable variety of
 situation ami circumstance.  Judge Kirkpatrick here referred to the
 testimony of the Mann family.  Detailed the circumstances of the first
 attack of Avhich Ave have any account   That it was genuine there can
 be  no doubt.   The  fraud would have  been exposed or at least sus-
 pected.   While there he had seven or eight attacks.  The doctor Avas
 sent  for.   He evidently considered them the subject of treatment  and
 acknoAvledges even now that he could  not tell  their character.  There
 was  the  trembling and the clenching of the hands—the  pallor of the
 face, the apparent insensibility.  The Avild and rambling talk after the
paroxysms had ceased or between their intermissions.  That Dr. Seem
Avas unable to diagnose the case and that he cannot decide  its nature even
now  is explained°by his OAvn admission that he has little or no experience
with cases of epilepsy. He was as ready to admit that it Avas epilepsy as
anythino- else.  Remember that most of the attacks were mostly noctur-
nal as the evidence abundantly shows.  It is surprising that we have been
able  to  produce as  much testimony on  the point as we have.  The
CommonAvealth have and will urge that  these  attaeks  were feigned,
that  they  have  been exaggerated,  that they could not be epilepsy. 
180
 You will remember the pains of this unfortunate family to conceal this
 boy's infirmity.   How natural!   You  know  Avith Avhat suspicion  all
 troubles of this kind are regarded,  especially  in  the  couutry.  The
 fact that this trouble was not generally known is easily understood.
 The Avhole family conspired and combined to hide the sad secret. The
 story of the worm which Avas exhibited Avas only a part  of the scheme.
 They  must explain  and by a pious fraud cover up the real disgrace,
 so they exhibit a little rain worm.  The CommonAvealth's counsel will
 argue that he  Avas afflicted Avith  worms  and that they were the causes
 of the convulsions.   Even if this Avere so, the books tell  us  and  their
 own Avitnesses  confronted by high authority have  admitted  that this
 disease  is one of the causes  of epilepsy.  [The counsel here read to
jury from Aitkin's Prac. of Med,, pages 361-362.]  I  care not Avhether
 this attributing the trouble to Avorms Avas the real truth  or whether it
 was part of a plan to conceal Allen's infirmity, there  is little to be
 gained to the CommonAvealth from this  fact.   That this  was not the
 difficulty I know you will concede, as you follow me through  this evi-
 dence.  Another reason Avhy the fact of  the  prisoner  being afflicted
 with epilepsy Avas not notorious is that the attacks generally came  on
 at night.  More than that, one of the characteristics  of epileptic pa-
 tients is that as they feel the approach of the paroxysms, as they gen-
 erally do, by a peculiar sensation known as the aura,  they hide aAvay,
 seek some secret spot and by  fictitious explanations  seek  to conceal
 the infirmity.   All this will account for the fact that it was  not matter
 of general note.
   Whatever be the cause, he had some disease Avhich  certainly exhib-
 ited itself in  a  peculiar  Avay,  and it exhibited in every instaucs of
 which we have given many, notwithstanding the difficulties  in getting
 testimony, some of the distinctive and characteristic symptoms  of epi-
 lepsy.   Many  of these features were exhibited on that night of confu-
 sion and alarm at Mann's and on the  occasion Avhen Dr.  Seem was
 called.  There was the state of  unconsciousness,  the trembling and
 convulsive movements, the clenched hands.  It does very Avell for ex-
perts to lecture to you and oscillate like pendulums from one extreme
to the other when impelled by examination and cross-examination, but
I Avould give infinitely more Aveight to those Avho have seen.  Seeing is
believing, you know.   They attempt to intimate that it Avas feigned,
but  Avhy ?   If there Avas  nothing but what  occurred in the jail  Ave
might suspect, although even then it Avould be  certainly very singular
for this  apparently unsophisticated youth to attempt to prove  himself
insane in this most indirect and difficult way.   I would  be content to
rest this case as to the fact of epilepsy upon what occurred  four years
ago, taken in connection with what took place in the prison within the
last few months.  There is a remarkable correspondence between the
two times and only differ in  such particulars as  might  be likely  to  be
imperfectly remembered during such a long period of  time  and  when
detailed by unscientific observers.  I think if we  can  establish that
this disease existed before the alleged act it would be  nonsense  to say
it did not exist after, and nobody but an opinionated theorist Avould
thus contend.  Mr. Kirkpatrick  adverted to the testimony  of Oliver 
181
Uhler [page  98]  as  to the  occurrence  at  the  Plainfield  school
house.   lhe  Commonwealth  will  seek  to  convince you  that he
slipped and fell  on the  ice.   But  what  was there in a bruised or
broken leg to induce the epileptic grip of the fingers and  the convul-
sive movement of the limbs ?   These are the evidence that the disease
had its grasp upon  his body and his  mind.   This is the fact that lifts
its  index  finger out of the intricacies and snares  of Mr. Fox's cross-
examination, and points unerringly  to the truth.   What reason had
he for feigning them ?  There was rather the most powerful motive for
concealment.   Ah. gentlemen ! it was this mighty  disease which had
seized him and was  wrestling  Avith him.   Feeling it approach, its
grasp closing around him, he rushes from the school room that he may
struggle  alone  and unseen, that his pupils may  not see the pitiable
spectable of his humiliation and despair.  Then there  is the  story of
Joe Miller.  Where did he see him ?  Lying in the yard  between the
barn and the house.  When roused, Laros says he was kicked by  a
horse.  This incident by itself is of little significance, but in the light
of what we knoAV at Mann's and the after  developments,  how impor-
tant the circumstance.  How  we can  from this single incident con-
struct the AvhoJe story  of one of these paroxysms just as the  scientist
will reconstruct a whole skeleton from a single bone.   Was he kicked
by the horse as he,says?   Was he bruised or injured? We  can un-
derstand him.   Of course, he must give a plausible explanation.  Un-
less he can deceive Miller he sees the danger of having his weakness
published to the neighborhood.
  Thus far we may say that Ave have given butglimpses of the great mys-
tery of this prisoner's life.  But go with me to the prison for a moment.
There in all the minute details of practiced observers Ave discover the key.
The dark hints suggested in these early, indistinct accounts become lu-
minous with significance. As the light is flashed over this boy's sad his-
tory, Ave can see him, struggling and staggering and prostrate, a poor,
pitiful epileptic, using every effort and artifice  to hide  what  he  con-
siders a shameful secret and striving with Aveak and unaided  arm to
escape out of the eddying and ever narrowing circles of this Avhirlpool
Avhich was  draAviug him clown.
  Now let  us enter the precincts of that fated family.   There  Ave will
find testimony a thousand times weightier than Avhat I have thus far
discussed.  Ah! Avhat  a sorrowful story is here unfolded.  The skele-
ton at their board is unveiled.  [The counsel here referred to the testi-
mony of Annie Laros.]   You will remember the vividness with which
his sister Annie described the spasms in his room  that afternoon last
fall—his clenched   hands and  introverted  thumbs, the spasms, the
trrindino- 0f the teeth,  the  deadly  pallor of the face, the mutterings
and incoherent talk between  the spasms.    The terrible picture  now
becomes more distinct.  The features of the demon  epilepsy  leer out
from the gloom of the canvas with more startling distinctness. A> as all
this merely preparation in anticipation of crime? Has the witness falsi-
fied ?  Was it simulation, and  was the witness imposed upon ?  What
motive then existed for fraud and deception on the part of this pris-
oner?  What consummate powers does that theory  presuppose on the 
182
 part of this rustic youth ?  The forgery of the most terrible, the  most
 unusual in his experience of all nervous diseases.  The counterfeiting
 Avithout exaggeration or burlesque  of a  disease calling into play the
 most violent contortions, spasms and conflicting muscular effort.  It de-
 mands a knoAvledge of science and an opportunity of observation, which
 could not be supposed in the case of this boy not yet of age, and which
 Avould be perfectly marvellous.  There was  the  deadly  pallor which
 no poAver of the will could command.  What a perfect imitation  must
 that have been  if assumed!   Nature  never  yet  has  been  copied.
 There are tints and lines and forms which no painter yet ever transferred
 to his canvas.   Raphael Avith his inspired pencil never yet caught all
 the beauties of the human face divine, nor Claude all the colors of the
 sleeping landscape.   The highest art and study  fall  far  short  of the
 original.   Hoav is it to be supposed  for a moment  that  Laros could
 have been so familiar with the science of disease that  he could  copy
 the most extraordinary and complicated  of them all ?  Where could
 he have acquired  the knowledge necessary to suggest and carry out
 the imitation ?
   Then we have the  testimony of Erwin as to Avhat occurred in the
 field when they  are  making  fence.   You   will   remember  hoAV
 Allen left him and remained away—his  paleness and agitation when
 he returned—his confusion and apparent absence of  mind  in  putting
 in the fence post upside down.  You will remember, too, hoAv, Avhen
 his  brother  noticed  that something  remarkable had occurred, and
 when repeatedly pressed to say what was the matter  he made a confi-
 dant of Envin and unbosomed himself of the dreadful secret.  Hoav he
 wept with despair!  He tells Erwin about his "spells,"—that he had
 them before.  They came on with a  headache.   There Avasa rumbling
 noise in his head.   Then it got black before  his  eyes.  Then,  in the
 language of the Avitness,  he "said he  didn't Avant me to tell, as he did
 not Availt folks to find  it out; they would think he Avasn't right.  He
 said Avhen they  [the attacks] came on he Avould  go  away  Avhere the
 rest couldn't see him."   This explains  why so feAV of the outside world
 knew his malady.  We here discover  the most  powerful  motive for
 concealment.   Hoav  often did this  poor boy, Avhen he felt the premo-
 nitions of the  dreadful spasms,  Avhen he felt'the  tightening  fingers  of
 the epileptic  seizure laying  hold  of   his  body  and  mind,  run
, aAvay into the fields, some lonely solitude, and there struggle  alone  in
 the closing darkness that gathered around him and settled down upon
 his soul.   I can imagine I now see that prostrate form  and upturned
 convulsed face, Avracked and torn, succumbing  in the struggle  with
 this conquering disease, away from the haunts of his  companions and
 the sympathy of his brothers and sisters, Avith none but the sweet,  pity-
 ing eye  of heaven to  look down  upon his misery and helplessness.
 How his mind must have been tortured, how he must have cast about
 for pretexts and excuses, how he must have trembled lest  the malady
 might  seize  and at any moment unmask him to those from whom he
 had so long concealed the fact.  Ambitious and proud and hopeful,
 with a life before him, with youth to buoy him up, what dark hours of
 despair and baffled aims must have been his in his solitudes! 
1*3
   -This brother, Envin, taciturn, unimaginative and almost  stupid, as
 lie appeared before you, in describing him on that and other occasions,
 touched the keyboard  and went through the whole diapason  of this
 disease.                              °                r
   But this-is not all.   There is the testimony of his sister Clara  and
 his brother Alvin.   [The counsel alluded to their testimonv.l   Let me
 call your attention now to  the evidence of Maggie Laros. * She is the
 most vivid  and circumstantial of all.  She tells you  that she knew of
 it before and she also tells you of the mistaken anxiety of the poor mother
 now gone to her silent home, to conceal  her boy's infirmity.  [The
 counsel here read to the jury a portion of Maggie Laros' testimony, p.
 »L]  There as she found him on that sofa, that Sunday, how pitifully
 she describes that scene, how completely Avas  her brother in  the power
 of that disease.  This Avould be enough.  We have here all that is nec-
 essary to convince.   The characteristic  signs  are  present.   He that
 Avould ask more to dispel the hunger of his skepticism is indeed  insa-
 tiate.  But if more is demanded we can pile up mountain upon moun-
 tain.
   Then  there  is the  testimony of Mrs. Walter.   You will recollect
 Avhat she describes at night, the indications found  next morning, the
 dirt scratched away from under the porch.  Fit  these  circumstances
 Avith what Clara describes at the chicken coop, and what else can you
 say,  than  that it  was the Avorking of the same ferment  of disease.
 [The counsel here alluded  to and discussed the evidence of Mrs. Wal-
 ter and Clara Laros, pages 87, 95.]   You will thus see  Iioav the lines
 of testimony from different and various sources converge and centre iu
 the one undisputable fact of epilepsy.   Many of these  Avitnesses do
 not go into a detailed and circumstantial account, always  agreeing in
 every particular,  but simply give one single fact some marked symp-
 tom, some single utterance, or perhaps the clenching of the hand, thus
by a single touch bringing  out some distinctive feature of the case.
   We have thus far only heard the history of this youug man prior
 to that fatal Wednesday evening.   At different times during the last
 four  years  we have caught significant glimpses of the sad truth.   If
 this Avere all, Avho could fail to understand this prisoner's case ?
   But we are able from Avhat occurred  in the prison to characterize
 and  understand  with absolute certainty the  peculiar disease to which
 he has been long subject.   We find him  in the prison, and  soon after
 the blind door  of his  cell is shut upon him.  There  Avas no opportu-
 nity for anyone to teach him or to suggest to him the trick of  feigned
 insanity.  No one sees  him or converses with  him but his jailor How
 could  he have learned this elaborate  deception  in the jail, and if
 not  learned  there  why  should  he   have  concocted  it  before
 that  tragic supper  scene?   If fraud was   his purpose  he  Avould
 have acted the most terrific and striking  phase of  insanity and not
 have resorted to the indirect  means of feigning a nervous disease from
 which science draws but an inference of insanity.   The tendency is to
 overact the part,  and such  is the usual experience.   This is strongly
put by Dr. Ray, who speaks from the experience and observation of a
lifetime spent in the treatment of the insane.   [The counsel here read 
181
 from Dr. Ray's Med. Jur. of Insanity, §421, as to  impostors in their
 anxiety to produce an imitation, overdoing their part.]  Now let us
 see  what  Daniel  Reed,  the Deputy Warden, says.  Have you any
 doubt as to his truthfulness ?  Honesty  is stamped upon his counte-
 nance and he tells his story in a simple,  straightforward and convinc-
 ing manner.  He has no motive to deceive or exaggerate.  [The testi-
 mony of Reed Avas referred to and the several occasions Avhen he found
 the  prisoner  iu  his  cell  in  the paroxysms and  after  he  had had
 them during the  night.]   You see here the same distinctive features
 as testified to by  Maggie Laros and the  other  witnesses, who  tell of
 the prisoner's paroxysms before  the poisoning.   Reed  tells  you  hoAv
 on several occasions he found  him pale, confused  and  scarcely  con-
 scious, Avith the bed clothing  strangely tAvisted and on the floor.  Did
 not Maggie Laros notice this very thing long  before ?  You will re-
 member that scene which she and her sister  Clara describe on  that
 Monday night before the tragepy, and how the next morning the bed
 clothes were scattered on the floor, and the cover  stripped from  the
 tick.   Bear  in mind, too, the close resemblance betAveen the descrip-
 tion by Reed and the other particulars mentioned by the brothers and
 sisters of the prisoner who saAV these  convulsions  upon those different
 occasions to which they have testified.
   Then, too, there is  the testimony of Smith, who  slept in the same
 cell Avith Laros.  You have here the  same peculiar  exhibitions,  the
 gritting of the teeth, the pallor of the face, the clenched hand and the
 thumb turned in, the  apparent unconsciousness, and then between  the
 paroxysms the broken utterances about fish and snakes, just as  on the
 other occasions when  Alvin saAv him fishing and when the others  who
 could  distinguish his  Avords, always heard his broken and disconnected
 mutterings about fish and snakes.  The  same idea ahvays  occurring
 and  ahvays uppermost.  [The different  occasions  mentioned by thi>
 Avitness Avere  referred to and  commented upon.]   James Smith was
 particularly instructed to observe him.  Dr.  Seip,  physician  of the
 prison, knowing the peculiar temptation to  Avhich  a man, situated  as
 was this prisoner, to adopt the most desperate devices  to escape the
 doom impending  over him, Avanted to  knoAV the  real  truth,  and left
 no means untried that his ingenuity and  experience  could  suggest  to
 penetrate the mystery of this  case.  He  therefore  selected this man,
 the most intelligent and reliable he could find, not a condemned crim-
 inal, but one who had been confined npon an unfounded  and  unjust
 accusation, and from AvhichheAvas triumphantly vindicated by the grand
jury before he appeared upon the witness stand.  Above all Ave have
 the testimony  of Dr. Seip  and  his  son, who is  also  a physician.
 Doctor Seip  is  the  physician  of  the  jail,  selected because  of
 his experience  and  fitness  for the  trust.   He  is  an  officer  of
 the  county,  an  honored   member  of the  medical  profession
 and  a man  of character.  He  is no  volunteer,  no  interloper, no
mere  tool  in  the  interests of  an  unconscionable  defenca.    He
had no desire to figure in this case. He manifested no morbid curiosity
as to  the prisoner.   When,  however, something  extraordinary  had
occurred, some singular condition had been observed suggesting the 
185
necessity of a physician's presence, he was sent for.   It  was  his duty
to go, and he went.  II,, tells  you  how  he became interested ;  how
cautiously  he watched and studied his case; how suspicious he was  at
nrst ot deception  and  fraud.  He  had  doubts as to whether these
strange exhibitions were real, and yet perhaps this youth mmht be the
victim of insanity, a pitiful wreck  in body and mind, unfit for and
undeserving ot legal punishment.  When he arrived at the jail, on the
r4,h olJufy he found the prisoner in the condition  already so graph-
ically described by Reed.  He  tells  you  of  his wild and incoherent
talk the delusion about  fishing ever dominant in his mind.   He de-
scribes  his appearance, his picking and snatching at bright objects
and bits of paper,  his staggering walk so often remarked  by  the wit-
nesses on different occasions long before.  [Mr.  Kirkpatrick  here re-
viewed  particularly the testimony  of Dr.  Amos Seip and Dr. M.  S.
Seip as to the symptoms and appearance of the prisoner on the differ-
ent occasions observed by them.]
   Let me remind you, gentlemen, that Dr.  Seip is a man Avhose pro-
fessional character  is  above reproach.   A  physician  of  thirty years'
experience and  study, he is no novice in the diagnosis of disease.  He
is entitled to consideration and confidence.  You cannot theorize and
guess away the actual observations and conclusions of such a man, Avho
saw and tested the patient by various physical appliances.  Dr. Green
never saAv the young man in his spasms, nor did Dr. Curwen.   Sitting at
the  CommonAvealth's  table, they  have  unconsciously  imbibed the
theories and prejudices generated there.   They  feel the dark inspira-
tion of the hour.  They  are caught and borne along irresistibly on the
strong tide of popular excitement,  Avhich surges  around  us.   They are
betrayed into extravagant  theories and  statements and Avhen arrested
by a  cross-examination based upon the immutable facts of a science
greater than they, they find themselves suddenly brought face to  face
with  their  own inconsistencies and  contradictions, their  theories
routed and they themselves captured and forced unwillingly to  serve
the defendant's  case.
   Dr. Seip, hoAvever,  at  the call of duty Avent to this young man.  He
found him in the very grasp of a disease which  rends both body and
mind.  Shall he  shrink from the performance  of stern duty ?  Shall
he crush the dictates of humanity and leave the poor  Avretch  to his
fate, to be  carried aAvay on the SAvift torrent of the public Avrath ?  On
the contrary, in accordance with the promptings of a humane disposi-
tion and the teachings of  the  noblest examples in a noble profession,
he stretches out a merciful hand to save.  He will  confront  the  con-
quering prejudices of the hour, and Avith the gloAV of a lofty courage
on his face, he will reveal the blight on this boy's soul,  he will drag
his infirmity into the  light  of day and will rescue him from the blind
rage which would rashly sacrifice  him.  Noble  resolve !  I  see in  it
the same  spirit Avhich  has ever  ennobled and dignified that heroic
profession.   It is akin to the same feeling of humanity which, devel-
oped by contact with human infirmity and suffering  makes the physi-
cian the friend of the poor, the helpless  and the afflicted.  It is the
same  devotion  and morel  bravery  that  enable the healer  to move 
186
calm and placid,  through the  infected wards  of the^hospital,  in  the
heavy and tainted breath of the Avasting pestilence,  or amid the sick-
ening horrors of the field.  This  Avitness, so competent  to  judge, so
likely to observe Avith scientific accuracy, tells you that this disease is
epilepsy.  He has often treated this disease,  and with favorable oppor-
tunities and means to decide upon the case, he is convinced that it is
genuine.  The  experts  called  by the CommonAvealth picture before
you  Avhat  they call  the characteristic symytoms and features of epi-
lepsy and undertake to test this case by the  standard they themselves
have erected.   I appeal from their decision to the highest authorities
in the profession.   I appeal from  Drs. Cunven, Green and Junkin on
direct examination, to the same doctors on  cross-examination.  You
Avill  recollect,  gentlemen,  Iioav,  when  probed  by  the doctrines  laid
doAvn  by the leading authorities, they shrank and hesitated and quali-
fied ; hoAV they admitted their  own tests to be fallacious  and  yielded
unwilling assent to the unassailable findings  of science.
  The great mistake of the Commonwealth's witnesses is that in their
direct examination they have adopted the typical case of epilepsy as
the unvarying standard by which this disease is to be  ascertained, and
it is only Avhen compelled by the  straits  of  a cross-examination  that
they modify in  some degree this position.  The books  all say that  the
symptoms of epilepsy  are not invariable.  There is every  variety, from
the simply vertiginous to the most demonstrative  muscular and nerv-
ous spasms.  The sufferer may be pallid or purple hued.   The  pupils
may contract   or  dilate.  The fingers may be clenched or extended.
There may be foaming at the mouth or it may be absent.  That some
of the symptoms of the most decided and impressive type are not pres-
ent is  no  proof  that the disease is not epilepsy.   [Mr. Kirkpatrick
here quoted from  the article in Appleton's  American Cyclopsedia on
Epilepsy, Avritten  by Brown-Sequard ; Aitkin's Science and "Prac. of
Medicine, vol. 2, pp. 348, 352, 357; Wood's Prac. of  Med., vol. 2, p.
734 ; Echeverria  on Epilepsy,  p. 9,  upon the frequency  and  variety
of the  attacks of epilepsy in the same and different persons.   The
same works were referred to as showing the  presence  of  the different
symptoms described by the witnesses in cases of epilepsy.]  Thus you
Avill see, gentlemen, that Dr. Seip is not only  supported  by  his  own
experience and observation, but also by that of the highest authorities
in medicine.  Because the face of Laros Avas not flushed, or  because
he did not foam at the mouth,  Dr. Curwen at once  pronounces judg-
ment against the case. He forgets that Aitkin, Echeverria, Hammond
and other  writers  of approved  authority  speak of the want of uni-
formity in the different  cases of  epilepsy, that one or more of the
various  features  mentioned as usually characteristic of epilepsy may
be absent,  Dr. Green himself says:  "If during an  apparent  convul-
sion  the hands were clinched and there Avas paleness but no  lividity
and distention of  veins and no  froth and there Avas actual unconscious-
ness, I should say the person was  in an epileptic fit."  In  fact, in reply
to the hypothetical question of the learned counsel for the Common-
Avealth, embracing the peculiar features ot Laros' case as described by
Dr. Seip, he replied that it was epilepsy and then, when collared  and 
1*7
held fast by science, he suggests simulation  and  stoicism on the part
of this poor prisoner.  He  intimates  that Dr.  Seip,  a physician of
thirty  years'  experience and  large  and varied  practice,  Avas hood-
winked and deceived by  this raw country lad.  The utter absurdity of
such a theory we have already shattered" beyond the possibility of  re-
construction.
  There are only a feAv diseases with which epilepsy could be possibly
confounded by even ordinary and unscientific observers.   This  disease
could not have been hysteria, for that is known to  be a female  disease
and the element of unconsciousness is never  present.  It  could not
have been catalepsy, for  the convulsive and struggling movements, the
contortions of the face, the gritting of the teeth, the  poAverful contrac-
tion of the muscles  and the grip of the hand Avhich Maggie Laros with
all her strength  could not open, distinguish this case at once from the
death-like trance  of  catalepsy.   [Mr.  Kirkpatrick here read from
Hammond on  Nervous  Diseases, Aitkin,  Wood  and other medical
authorities on the subjects of catalepsy and hysteria and their peculiar
symptoms and features.]   There is one  great characteristic Avhich is
peculiar to epilepsy as distinguished from hysteria.  It is the element
of total unconsciousness.   This is ahvays present, Avhether the  attack
be momentary and  scarcely noticeable or shows itself in  all  its pano-
phv of terror and distress.   Dr. Seip directed  all the enginery of his
physical  tests  to  unmask  the lurking fraud, if any.  If the prisoner
was conscious, there was  no epilepsy.  All possible experiments were
tried to ascertain if the defendant Avas conscious while in the spasms.
The doctor stole upon  him unaAvares.   He could not have  known  of
his presence.  He did not know that the doctor had been sent for, and
when he came he surveyed him from between  the  bars of the prison
door.  Every conceivable test Avas applied.  The first time he  visited
his cell the doctor suddenly thrust the blade of a sharp knife into the
prisoner's hand and no sensation  Avas  manifested, although  if he had
been conscious he must have felt sudden and excruciating pain.  The
heated  key,  made  so hot as not to be bearable by those  who Avere
present, was next applied.   Then  the flame  of a  lighted  lamp was
held to the sole of his bare foot, and still not a quiver of sensation fol-
lowed.   All the time the doctor was Avatching and noting with the cool
self possession of the impassive investigator after truth.   Every symp-
tom  was caught and described with scientific accuracy. ^ Still not sat-
isfied,  and afraid lest the limits of human endurance might not have
been  passed,  he resolves to try again before he decides.   He leaves
orders that he be called again, and on a second occasion makes further
trials.   He ransacks the books for suggestions and carries his tests to
the verge of downright cruelty.   You  remember  his graphic descrip-
tion  of the application of Scotch snuff, the thrusting of his thumb nail
into  the quick under the nail of the prisoner,  the  pretended applica-
tion  of hot water, the dropping of the melting sealing  wax upon  his
bare skin, upon  his limbs and face, Avith hissing splash and  no  indica-
tion  of  pain  shown.   The sealing  wax burned  into  his  flesh, and
vou can now see on his face the scars  where it  Avas applied.   I have
only imnerfectly alluded to the experiments made.  You will  remem- 
188
ber better than I can repeat them.  Nothing that  the  experience <o
the doctor or the books could suggest was left  untried.  [The speaker
referred to Aitkin's Science and "Prac. of Med., vol. 2, p. 358 ; Wood's
Prac, vol. 2, p. 744, and other  works,  where  these tests  are recom-
mended as the most effectual for detecting imposture  in  cases of epi-
lepsy.]  What more can you Avish in the Avay  of  demonstration as t>
the Genuineness of this case?   No man in the light of this testimony,
and in the broad glare of science  which these books iioav  open before
me have flashed upon this poor fellow's infirmity, will dare to say that
it is anything but epilepsy.  Even Dr. Cunven, confident and dogmat-
ically positive in his direct examination that it Avas not  this disease.
when environed by these high authorities and  held at bay, says: "The
"disease as described by Dr. Seip was epileptoid in character. Epilepsy
"and something else."
   Fortunate indeed is it for this friendless and afflicted  creature, tnat
he has been able to call to his aid these silent Avitnesses.  We have had
no experts encircling this table, eager to prompt and  assist,  but star-
eyed science herself has lent us her calm presence  and  rebuked with
her clear and steady utterances the rash judgments ot that  company
Avho have crowded about the Commonwealth during this long trial.
   That epilepsy ultimately results in permanent insanity  in the vast
majority of  cases is conceded by the best authorities  on  this subject.
There is every reason to believe that this defendant's mind  must be
permanently affected.  We know from the testimony  that he has suf-
fered a long time from epilepsy, and Ave know too that the almost cer-
tain result sooner or later of this disease, Avhich storms the very citadel
of the soul,  is insanity.   Day alter day the  foundations of the reason
are sapped,  the structure of the mind is being shaken, and finally the
blackness of mental night closes in.  From  the  authorities  to  Avhich
Ave have called the notice of the Commonwealth's  Avitnesses,  and Avho
are recognized by them as entitled  to great  respect, AATe learn that  thi.-
is the almost certain result.  Of 339 epileptics Esquirol found 269 or
four-fifths Avith some form of mental disorder,  leaving only one-fifth in
the enjoyment of their reason, and he exclaims,  "What sort of reason?"
The celebrated French alienist Falret says : "It  is certain that very
many cases of epilepsy are accompanied  by some disorder of the intel-
lect Avhich has a decided analogy to that met  with in a large number
 of the chronic diseases of the  brain."  Echeverria says  that of 532
 cases of epilepsy Avhich he observed and  analyzed 374 gave evidence-
 of mental failure, making 70.3 per cent.   Professor Wood says : "The
 course  of epilepsy is  generally  one of deterioration.   *  *   *  The
 brain appears to be more and more deranged  in  its  functions in the
 intervals of attack.   The memory  and intellectual poAvers in  general
 become enfeebled.  Sometimes positive mania ensues, ending at last
 in dementia.  Sometimes the mental disorder has the character of de-
 bility  from the commencement of the deterioration."   The Avriters
 upon this subject also say that the lighter and more  frequent attacks
 of epilepsy are more dangerous in this respect and more  certain than
 the greater and  more decided  types.   [Mr.  Kirkprtrick referred  to
 the article  on "Epilepsy" in Appleton's Cyclop.,  Echeverria on  Epi- 
189
leptic  Insanity, Pamph.,  p.  10,  in support of this view.]  I might
multiply these citations beyond  limit.   The  testimony  of the books
agree Avith that of Dr. Seip.  The ultimate effect of epilepsy is to de-
stroy- the mind.   We have had evidence of the presence of these con-
vulsions in Laros during the last four years, and how long before Ave
can only conjecture, and from our knowledge of recent events Ave may
easily infer that they  must have  been  numerous and  occurring in
rapid succession.   The evidence also shows that, while these attacks
Avere alarming and striking, they did not reach the full height of the
perfect  epileptic seizure,  and  in the light of the scientific testimony
and the books, Ave may say that they were intermediate, betAveen the
Avorst and milder cases, appearing with  greater or  less intensity at dif-
ferent times.   Taken in connection with the exceptional enormity and
motivelessness of the crime, howT can you believe othenvise than that
it Avas the product of insanity ?  We are apt to demand as  evidence
of insanity violent and extraordinary exhibitions  of eccentricity and
folly, and ordinary people, if their senses are not impressed and aston-
ished at the behavior and appearances of the person  Avhose sanity is in
dispute, will refuse to admit the presence of insanity.  They  look for
the exaggerated fury and violence of the  maniac, or the vacancy of
the idiot.  They  forget  that  madness appears in a thousand shapes,
that it may lurk beneath the most placid countenance or momentarily
glare from the sweetest eye.  Some of the neighbors and school  chil-
dren were called to the stand to testify to Laros' sanity, but how little
reliance is to be placed upon such  testimony.  Unaccustomed to the
sight of the insane, living amid the sparse population of the  country,
incompetent to detect the presence of the less demonstrative  forms of
lunacy and only occasionally seeing or talking with the prisoner,  their
opinions are entitled to very little, if any, consideration whatever; and
the little girls Avho attended his  school, what judgment could  they
have  formed  as  to insane or eccentric behavior,  by what  standard
Avere they able to test his deportment ?  It seems  to me, gentlemen,
from this prisoner's history and what you have learned as to the fear-
ful havoc of the disease from which he suffered, that  you must be  con-
vinced of his permanent derangement, that this unexampled horror, if
the prisoner w'as indeed the perpetrator, was the emanation of a mind
diseased, to which no physician  could minister ; that there were writ-
ten troubles of that brain Avhich even the companions and kindred  of
this boy could not fully decipher and which no healer's art could ever
raze out.
  But there is another phase of his case to Avhich I  have  not yet al-
luded.  If you are not satisfied that the epilepsy has wrought its  final
Avork, that the ultimate catastrophe  has not yet overtaken its victim,
Ave Avill show you that this defendant was irresponsible on that fatal
evening and by reason of this  same  disease.   This the evidence will
demonstrate  beyond the  possibility of a doubt.   I  care not  whether
Allen C. Laros is permanently demented or not, as certain as he is an
epileptic, so surely must you find that he Avas  at least  insane on the
evening 'of the 31st of May last.  As  has already been said in your
hearing, it is only necessary to prove the defendant insane at the  time 
190
of the  commission of the alleged criminal act, and it is of no conse-
quence  so  far  as this defence  is concerned how long that state con-
tinued.   This is the law,  and it Avill not be gainsaid by the Common-
wealth.   If there is any truth that experience and science have estab-
lished it is  that before and after each attack of this disease the  mind
is disturbed and deranged.   This is the SAvorn testimony of Drs.  Seip
and Curwen.
  In his Avork on  Medical Jurisprudence of Insanity,  page 476, Dr.
Ray says :  "The suspicion that the accused Avas deprived of his moral
liberty when  committing the  criminal act would be strengthened if the
paroxysms had been recently frequent and severe ; if one had shortly
preceded or  succeeded  the act; if he had been habitually subject  to
mental irritability or other symptoms of nervous disorder." Again, on
page 477 :  "Zacchias contends that epileptics should not be responsible
for any  acts committed within three days of a fit before or after.   The
principle is undoubtedly  sound, as it regards criminal   acts;" and  in
§466, p. 478,  he says : "The mental condition of epileptics just before
and after the fit is very peculiar and for many  years  medical jurists
have not been in the habit of considering an epileptic  as deserving  of
punishment for any offence he might commit Avithin three days before
or after  a fit."  These very passages Avere read  to Dr. Cunven, called
from Harrisburg as the final arbiter  of the prisoner's  sanity,  and he
said : "That is correct.  I don't take exception to anything Dr. Ray may
say."
  In Wharton's Med. Jurisp., vol. 1, §470, I  find the following: "Re-
cent investigations, conducted by men of eminent sagacity and  great
opportunities  of observation, have led to the conclusion that  epilepsy
produces not only general mental prostration, but anamolies in the en-
tire moral and intellectual system.  And although the malady some-
times coexists with great  intelligeuce, yet the  patient retains not only
during the  attack, but for an  indefinite period afterwards, but an im-
perfect use  of his faculties."   [Mr. Kirkpatrick in this  connection also
referred to  Echeverria on Epilepsy and Browne's  Medical Jurispru-
dence of Insanity as bearing upon the same subject.] The authorities also
say that the apparently lighter and more  frequent  attacks are more
dangerous  in  that respect  than  the  most violent convulsive forms.
[Echeverria on Epileptic Insanity, Pamph., page  10,  Avas  read from
in support  of this  view.]  This is also the testimony of Dr. Amos Seip,
Avho says;  "Epileptic  insanity is regarded as more frequently the re-
sult of the milder form of epileptic seizures, especially Avhere the  seiz-
ures are frequent in number."  Dr. Curwen, Avho has been  called here
as the principal Avitness  of the Commonwealth's case,  utterly fails,
notwithstanding the gingerly  examination of Mr. Fox and his  general
unfavorable opinion of the prisoner's case, says: "If a person had epi-
lepsy for several years and then at a certain time  he  should  have a
"succession of fits and shortly after that committed a crime, I should
"take the  commission of the crime as of some weight in favor of in-
sanity in determining whether that person Avas responsible. The fact
"that he had committed an unnatural crime would  go a great way
"with me in determining  that he Avas insane at the time of the act pro- 
191
  wded I knew and Avas certain that he had the epilepsy and the series
  ot attacks.  If I  knew undoubtedly that a person had epilepsy  and
 Jie  committed  a  crime it would have some weight on my mind ; I
  «ould  want to know all about the epilepsy.   If I knew that a man
  iiacl an attack of epilepsy and two or three days  after committed a
  horrid  crime and had an epileptic attack two or three days after that,
 ..  -.TT   1rai:?e a susPicion in my mind that the deed had been com-
  mitted  unaer the influence of epilepsy."
   Now let me call your attention to the uncontradicted facts.  You
 have already arrived at the conviction that this defendant's disease is
 epilepsy  and  that he had been laboring under its effects for at  least
 tour years past.  Erwin tells you of his attack on  the  Saturday pre-
 ceding the tragedy.  Maggie and Clara both saw him in the epileptic
 state and have described to you. his conduct and behavior on the Mon-
 day night following.  They occupied the same room and in their nar-
 ration of the circumstances they tell you how he manifested all the
 peculiar features  of his  case as afterwards observed  and repeated  by
 Dr. Seip in the jail.  On the following  Tuesday morning the  bed
 clothes Avere discovered in the state that indicated the presence of the
'seizures  the night before   On Tuesday neight Envin, Avho slept in the
 same room with Allen, heard the mutterings of his  brother  in his  bed
 and the  next morning (Wednesday) he observed the  same staggering
 Avalk and confused manner which he ahvays  exhibited after the  noc-
 turnal attacks.   They Avere  the same conditions observed  and de-
 scribed by Dr. Seip afterwards in the prison.  And then Alvin, at the
 supper table that very evening when the family partook of the deadly
 meal, noticed the pallor and the epileptic squint of his eyes.   Thought
 it Avas one of his spells, Avhich he had seen before.  You will not forget,
 too, the repeated attacks described by Annie Laros, Mrs. Walter, Van
 Selan Walter and Dr. Seem, which the prisoner had on the Thursday
 morning following and on Friday.  [The counsel here referred to the
 testimony of these wdtnesses.]
  [The  Court adjourned at this point,  it being 12 o'clock.   At 2  P.
 M.   Judge  Kirkpatrick  resumed his remarks.]  I know that my  re-
 marks have been unusually extended, but in vieAv of the awful issues
 of  life  and  death  here presented  I claim your indulgence, if I have
 trespassed  too long.  We stand  here  unaided and alone to struggle
 for  the pittance of this poor felloAv's life.   Ours  is no  ordinary duty,
 no common  responsibility.  We have  enlisted  in  the service of hu-
 manity, and  Ave feel the pardonable enthusiasm of a just cause.  We
 Avould interpose  against  the perpetration of a great judicial crime.
 We care not Avhat may be the ruling sentiment of the hour.  Clothed
 in the absolute confidence Avhich the testimony in this case inspires, we
 do not plead for, Ave demand in the name  of  justice and laAV, the  ac-
 quittal of our client.  Let him  be sent Avhere he may receive attention
 and care,  Avhere  he may be  restrained from harm to himself and
others.
  I have called your attention  to the proximity .and frequency of the
attacks before and after that Wednesday evening.   They have been
brought sufficiently near to ansAver  the  conditions  laid doAvn in the 
192
authorities and by the scientific Avitnesses.   We have  discovered him
at that very table passing through one of the lighter paroxysms, which
have already been alluded to by Dr. Curwen and Dr.  Seip, and Avhich
the books say may occur Avithout attracting much notice.  At any rate,
Ave have had  a succession of paroxysms from Saturday until within
eighteen hours before the evening of the 31st of May andAvithin twelve
hours  after  on  Thursday.   Now,  it  is admitted by Dr. Curwen,
and so  the  most reliable Aviiters on  this subject say,  that  men-
tal perturbation is the result and constant attendant before and after
the different attacks.   There is present Avhat is called  epileptic insan-
ity.  Was that not the case Avith Laros?  You  cannot forget  his ap-
pearance and  manner for days after he Avas knoAvn to have had the
spasms.  How irritable and taciturn he appeared.   How he staggered
and reeled.   Remember,  too,  the description given by the Deputy
Warden and the two  physicians Avho observed and studied him on the
days after he had had an attack.  They tell you of his stupidity, his
confusion of mind and want of memory.  They remarked that peculiar
gait Avhich indicated the internal perturbation and mental eclipse.  Let
me now refer you to the essential characteristics of  this singular state
of the mind so uuiformly connected with the  epileptic  seizure for a
longer or shorter time before and after, and as I read to you the pas-
sages which have already been submitted  to the  scientific  witnesses
and received  their assent Avith little or no qualification, mark how the
conditions agree with  the case  of this defendant.  On  page 12 of his
tract on Epileptic Insanity Echeverria says: "This state,"  speaking of
the effect of the lighter seizures, "is mainly disclosed  by a great con-
fusion  of mind accompanied with instinctive impulses and  acts of vio-
lence.  No sooner has the stupor of the epileptic fit subsided than the
patient laboring under this particular kind of delirium becomes sullen
and deeply  dejected, with great  confusion of mind and irritability
against everything surrounding him.   The patient feels an utter ina-
bility to  collect or fix his thoughts, and to master  his  will, which is
variously displayed, &c.   *  *  *  In the midst of this confusion of
mind they recall to their memory the painful past  impressions  Avhich
spring up in their imaginations, ahvays the same at every new  access.
*   *   *   After the fit of violence a crisis may take place,  the  patient
either returns to himself, in a sort of  instantaneous manner regaining
his consciousness and  rendering an imperfect account  of his misdeed.
or, on the contrary, he escapes, running aAvay in a beAvildered state of
great agitation.  In both cases the very  confused  recollection, if not
the complete  oblivion of what  has happened, is almost  always a strik-
ing essential symptom of this mental  state,  so much  resembling the
awakening from a dreadful dream."    Again  in the  Monograph on
Epilepsy, page 366, the same Avriter says : "Hospital records show the
mental derangement chiefly connected with oft-repeated but not severe
attacks, or Avith that state of relapsing convulsions similar to the status
epilepticus of the French alienists." On  page 371  he says:  "I main-
tain it  upon repeated  observations that epileptic insanity  sets  in but
never passes off suddenly and that it continues with intermittent  ex-
acervations for  days  or Aveeks in succession when  not in  a persistent 
193
condition.  The language and deportment of epileptics in this state of
alienation bear a striking character of irritability and quickness or of
sadness and dulness, Avhich contrasts strongly with the automatic exe-
cution even of the most indifferent  acts.   The epileptic at this stage is
not master of deliberating or choosing ; he starts according to his most
pressing feeling, completely powerlese to resist it, and thus maybe un-
consciously drawn to criminal deeds."
   Dr. Clymer in his pamphlet on the Responsibility of Epileptics also
says :  "In most instances an uneasy depressed and irritable state of
the mind immediately precedes an  attack and there is constantly some
disturbance of the affective and intellectual faculties manifest directly
after it Avhich may persist during  the larger part or the whole  of the
interval  between  the  fits.  The   affective  faculties chiefly suffer."
[Judge Kirkpatrick read from other Avorks on the subject of epileptic
insanity and commented upon the correspondence betAveen the case of
the prisoner and the descriptions there given.]  Can  you come to  any
other conclusion than that the prisoner was mentally  irresponsible on
that Wednesday night, that he Avas in the delirium of epilepsy, that,
although he was not maniacal and furious, he Avas automatically obey-
ing the impulses generated by  the disease at Avork in his brain.  Dr.
Seip,  who  not only  speaks from general experience, but also from
actual knowledge of the prisoner, says that he believed him  to  be in-
sane on that night, if the accounts  given by the Avitnesses as  to the epi-
leptic attacks are true, and that they are true you cannot refuse to be-
 lieve.
   Then again an act of this character Avould be in perfect harmony with
the ordinary conduct of the epileptically insane.  The tendency is  to out-
rageously criminal and depraved conduct.   Their instincts and impulses
are often homicidal and are consistent Avith deliberation and the exist-
ence of  an  apparent  although inadequate motive.   This is the testi-
mony of Drs. Seip and Curwen.  You will  remember that  the latter
 on cross-examination admitted  that the chief danger in  epileptics Avas
 the "insane impulse."  He also says in another part of his cross-exam-
 ination—"The  presence of motive Avould not decide the question  of
 irresponsibility.  Insane people always have motives  and make plans."
 Nothing, therefore, can be made to militate against the theory of in-
 sanity from the fact of the stolen money even if it discloses a  motive
 for the act.   It certainly was an entirely inadequate motive, or  to use
 the words of Dr  Green a "false motive" for a man to successfully rob
 and conceal the fruits of his theft and then days afterwards  commit  a
 Avholesale murder of his brothers,  sisters,  father  and mother for  the
 purpose  of securing concealment,  perpetrating  a  crime that would
 startle the whole country into horror, indignation and  persistent hue
 and cry.  You will remember, gentlemen, in this connection that Dr.
 Seip, when challenged by the CommonAvealth s counsel, supported his
 views on this subject by reading case after case  and authority after
 authority, showing the tendency of epilepsy to generate the insane  im-
 pulse to crime.  Yon will also  keep in mind the  cases which he gave
 of homicides committed by epileptically insane persons under every
 circumstance of apparent motive and design.  [The  counsel here re- 
194
ferred to a number of the cases cited by the witness.]   We have  had
in evidence a rapid succession of the spasms shortly  before and after
the Wednesday night on  Avhich this family Avere taken sick.  They
seem to have been noticed more particularly during  the _ few  months
preceding the tragedy, and they occur with startling distinctness  and
frequency.   I  think I  can uuderstand this young man's case.  AVe
have heard that he had become a laAV student.  He is  possessed with
the thought  that he will gratify the aspiration awakened in his mind.
Though there is a dark shadow lying over his mind which sometimes
seems darker and broader than ever before, there are the  glimmerings
of ambition amid the gathering gloom, the sweet star of hope streams
into his soul.  He has thus  far successfully  hidden the secret Avhose
exposure would blast  his  prospects and drive him from his compan-
ions.   Perhaps they had occurred at rarer intervals or he  may have
deceived himself into the delusion that they were but  horrid  dreams
that made night unwelcome and the bright and cheery morning longed
for.  There  were times  when the cloud that hovered and changed and
rolled over his mind broke away, when his intellect was clear and the
the traces of the disease Avere dispelled, Avhen the buoyancy and vigor
of youth bounded through his frame and his infirmity was forgotten.
At such a time he formed the thought that he would become a lawyer.
He buys his law books.   This, you  will remember,  Avas  last winter.
The one thought now reigns.   He  thinks  of  it night and day.  He
reads  and  dwells  upon the stories of those who have risen from ob-
scurity and in spite of difficulties reaped the rewards of unremitting toil.
He spends sleepless nights.   He wanders from his bed and in the dead
hour he is found poring over his books. Alas ! the fell  disease had
not quitted its hold.  It had only slumbered.  Its dormant energies
are awakened.  It quells the revolt of ambition and hope  in his shat-
tered  mind.   Under the stress of anxiety and  unaccustomed  mental
effort his epilepsy becomes intensified.  The seizures  again take hold
of him with renewed power and frequency.  The old disease is batter-
ing at the gates of his mind.  How  often have you  heard from the
witness stand "I can sleep no more ?"  It Avas not the  wakefulness  of
guilt  and  remorse,  but the herald and symptom of approaching in-
sanity.  The combat is unequal.  He cannot extricate himself from
the chains which this awakened epilepsy has  flung around him.  He
soon  becomes  under the unwonted  pressure  a  moral and physical
wreck.  You Avho are in the full enjoyment of your strength and your
reason, you know what it is to have a ruling idea, a hope, an  aim, a
passion.  It drives aAvay slumber, it is your companion day and night,
and then the bitter disappointment, the prostration, the utter paralysis
that results from extinguished hopes and unrealized ambition !  Poor
fellow!  How he Avandered like a troubled ghost  about that old house!
How the darkness of despair closed in upon his mind!  How he  must
have caught fearful  glimpses of the insanity that was  slowly crawling
over  his  faculties!  Do you  wonder  that his  disease  received new
strength and activity, that his brain was kindled  and that the epilepsy
left in its  track that dreadful moral and mental blight which ahvays
marks its presence ? 
195
,Uf.,  P"ls°ned that family, it was not the affectionate and quiet bov,
thit , Ti   >     S father aud  brothers and sisters, the fond  object "of
 ktdTh   s?reaudauxLet^-  lt was  the  demon  that  slept and
      in nlm.  lt was the power of & digeage that no ski]1 cou]d gubdu
no medicine  a lay.   It was  a seated trouble of  the  brain  that
swayed its cruel sceptre over the will and the affections and impelled
its helpless subject to deeds of horror and shame.
   in addition to what has already been alluded to there is one more cir-
cumstance in this case, which, if corroboration were needed, makes as-
surance doubly  sure.  We have shown the presence of insanity in the
ancestry  and kindred of the  prisoner.   We have proven "that the
grandfather and grandmother and the maternal  aunt of Laros  were
mentally  affected.  Knowing as we do from the  inductions of science
the  transmissible quality  of  mental and nervous disease, we are im-
pressed with the great probability of its presence  in this case, we find
the conditions favorable for its development upon any sufficient excit-
ing cause, we see in the final tragical  culmination of this boy's  brief
and troubled career  but the legitimate fruitage of that poisonous seed
Avhich lay hid in the very core  of his being. Let  me  read  a passage
or two from the book in my hand (Whart. Med. Jurisp.) :  "In a major-
ity of cases,  says  Dr.  G. B.  Wood, insanity is  produced by exciting
causes acting upon a predisposition to the disease.  Inheritance is the
most frequent source of this predisposition—perhaps more frequent than
all others put  together."   Again : "A considerable portion, to quote
from an intelligent note to the  pamphlet report of the trial by Andrews
in Massachusetts in  1868, of those avIio have suddenly appeared  to be
insane,  were  of unsound  cerebral constitution by inheritance, their
parents or ancestors having been insane."   Again : "Devergie says, If
we examine the ancestral history of families in the paternal or the ma-
ternal side of these transitory maniacs, it is not rare  that one  or even
many members  of  the  family have been insane for longer or shorter
periods.   He quoted the case of one of these patients who had commit-
ted homicide in  a transitory paroxysm, in Avhose family one maternal
great uncle died insane, one paternal aunt killed  herself and  another
relative on the mother's  side  Avas knoAvn to have been troubled with
eccentricities all her life."  I will read but one more passage and this
is from that high authority,  Taylor on  Medical Jurisprudence, page 502.
"In making a diagnosis of a caso of insanity the first question put is
commonly in reference to the present or past existence of  the disorder
in Other members of the family.  There can be no doubt from the cur-
rent  testimony of many writers  on insanity that a disposition is fre-
quently transmitted from parent to child  through many  generations.
M. Esquirol has remarked that this  hereditary taint is most common
of all causes to which insanity can be referred."  The relevancy and
importance of this kind of evidence have been too long recognized by
legal and medical  authority to render it necessary  for me to amplify
the argument suggested by these citations.
   Gentlemen, if you should be  satisfied that the prisoner Avasthe perpe-
trator of this Avholesale murder, Avould not the  very act itself beget not
the suspicion merely, but almost absolute certainty in your minds that he 
196
must have been bereft of reason and  his moral nature  hopelessly de-
ranged?  Where  iu  all the  dark and bloody annals  of crime could
you find a homicide so indiscriminate and  extensive in the  number of
the victims, so revolting to  the strongest and most  constant of all hu-
man instincts, so motiveless in its conception and so terrific in its exe-
cution.  As soon as the fatal story Avas told and inquiry was directed.
toAvards the prisoner men looked iu one another's horror stricken  facts
and instinctively asked,  Was he sane ?   The absence of adequate mo-
motive, the powerful restraints of affection, the resistless instincts of
filial love and duty, are  conditions too potent to be ignored in this in-
quiry, and  Avhen Ave find these barriers  broken doAvn, Avhen we see men
suddenly,  unaccountably and pitilessly  trampling them under foot
there is a violence done to ordinary nature, a contradiction and an in-
congruity manifested, which at once suggest the operation of delusion
and disease.  I am not advocating the dangerous doctrine that every
crime of exceptional enormity is necessarily an insane act.  Far be it
from me to insult your intelligence and consciences  Avith suJi heresy.
But I  do  say, that wdiere a person of uniformly mild and  tractable
disposition, brought up amid the softening and restraining influences of
a pious and affectionate family, away from demoralizing surroundings
and vicious companions, suddenly breaks out into outrageous and enor-
mous crime, Ave at once rush to the  conclusion  that  the rnind of the
perpetrator is deranged.  How is mental disorder detected but by out-
Avard extraordinary and incongruous behavior ?  The mind is a myste-
rious subtle essence which no human sense can follow or explore.  Its
airy chambers are  inhabited by thoughts and motives and passions
Avhose features and forms are invisible to mortal eye.  It is only by ex-
ternal exhibitions that its states and  operations are contemplated. We
form our notions of character and disposition, of propensities and tastes
from personal history and conduct.   In this dreadful deed, and  the cir-
cumstances under Avhich it took place, we see an unexpected contrast
with the  previous character  of this prisoner, a startling and terrible
revolution in disposition and conduct.  Hoav could this mild-mannered
lad, heretofore of exemplary behavior, uniformly kind and affectionate,
reared amid the innocent surroundings of country life, £.way  from the
vice and depravity of a great  city, have suddenly developed into a
monster Avhose  like  the  Avorld  has never seen ?   What power has
wrought this miracle of crime ?  What devil  has  entered  that mind,
where  a God might dwell, and unyoked the  unholy  passions  of that
soul ?   Ah!  gentlemen, disease has  cankered that brain,  the dark
eclipse of insanity has crept over its faculties,  its  aspirations  and its
ambitions have been chilled, and where once had been the radiance ot
hope and  youth  and innocence, noAV all is dark with  the thickening
fancies and trooping shadows of delirium  and delusion.
   We do not, hoAvever, expect to depend upon  that presumption which
you cannot  help forming from  the  stupendous  folly and unnatural
character of the  deed  itself.   We have  already shoAvn you by direct
and positive testimony the  presence of a dreadful disease, which attack^
Avith peculiar virulence the  moral faculties and tends to deprave and de-
stroy  the  Avill.  We have  lifted  the veil of night and revealed this 
197
P«  t VS  "re' wlthout the Power of sleep, his brain throbbing with the
last nutterings of expiring reason.  We have seen him day  after day
writhing and struggling in the victorious grasp of the epileptic parox-
ysm,  un that very evening he was far within the shadow which pre-
cedes and follows the  epileptic stroke.  Above all, as if this accumula-
tion of miseries were not enough, we find in him the hereditary predis-
position, the germ of insanity planted at his birth.
  Gentlemen, I have  too  long occupied  your attention, and  I will
therefore close.  Is it necessary for me to remind you  that you hold in
your  hands the  life  of a fellow  man?  See to it that you do not
rashly arrive at a verdict which may doom this stricken creature to the
scaffold, a catastrophe perhaps of little moment to him, but fraught with
indellible disgrace to that  fated family and immortal shame to your-
selves.   I can  believe that that  poor  mother  who,  in the ten-
derness  and  pity which   only  a mother can  feel,  so  anxiously
and   industriously  hid  his  infirmity and  shame,  if she   could
visit  this  scene,  would   even  now  be   pleading for  the  blasted
life of  her miserable demented  child.  If,  gentlemen, you should
flinch from the verdict Avhich this  evidence demands, if in obedience to
an imagined popular demand for conviction you should yield to an in-
fluence  which ought never  find a seat in a  juror's  breast,  remember
that when the passions of the hour shall subside, and  calm  reflection
legain her throne, you can never undo  the great mistake—justice has
received a mortal stroke, from Avhich there is no recovery.  Keep your
minds fixed upon the  evidence alone; let  yours  be the spirit of that
inflexible goddess who, clothed in  immaculate garments, blind to per-
sons and deaf to clamor, awaits with impassive countenance  the deci-
sion of the balances which she holds in her steady hand.   I  am satis-
fied  that, upon due  cousideration, your verdict will be in accordance
with the dictates of humanity.  Let it  not be laid to your charge when
the light of the last great day shall stream into your fiices, that in this,
the most solemn act of your lives, you recklessly sacrificed one of God's
unfortunates to the momentary spirit of vengeance that then  prevailed. 
198
  Edward J.  Fox, Esq., then made the closing address on  behalf of
the Commonwealth.
.  (Mr. Fox occupied the remainder of Tuesday afternoon, about tAvo hours. In Justice
to Mm lt Is proper to say that the Editor has not been able to secure a careful revision
of the newspaper reports, from which this speech Is compiled. That happened In conse-
quence of the continued professional engagements of Mr. Fox, outside of this county, at
a time when lt became necessary to have the manuscript ready for the printer.—Ed.)

  After addressing himself to the Court at  considerable length upon
the legal propositions submitted by counsel for the  prisoner,  Mr. Fox
proceeded to the jury :

May it please your Honors :—
   Gentlemen of the Jury:—I  trust  that I appreciate the solemn re-
sponsibility that rests upon you, the District  Attorney and myself, the
counsel for the prisoner and the Court, in a trial  of the  importance
and magnitude, of this case.   I know  you will discharge your duty
carefully.  While Ave Avould  have no  previously  formed  opinions to
sway you, Ave ask you also to perform  your duty fearlessly.   An addi-
tional responsibility devolves upon the counsel for the Commonwealth
in this case.  We are to see that the prisoner is not improperly con-
victed  by incompetent evidence.  The District Attorney and  myself
have carefully listened to the whole of the evidence,  and have not pre-
sented any of  doubtful propriety, yet  we feel  compelled to  stand be-
fore you to ask the conviction of this young man.   We ask  you to do
so because the law and testimony call for that result and no other.   A
great deal of testimony has been given here which bears remotely on
the  question at issue.   We  admit  that there is a shoAV of defense.
There is something on which argument can be made.  In thirty years
of practice and observation, I have never seen a case conducted with
such zeal and  industry as the counsel for the defendant have manifest-
ed in this case.  They were pleased to  say many complimentary things
about me, but I do not  propose to  make any  exhibition of oratory.
This case does not call for eloquence.  I propose to satisfy you beyond
a reasonable doubt, that the prisoner was sane the day he committed
the deed, and is sane to-day,  and that he did murder his father.  There
is one general remark that I will make to the jury at the outset.  The
opinions of experts are  valuable as they bear upon the case,  but their
weight is determined  by law.   You are to determine, not according to
Dr. Seip or Dr. Curwen, but according to the  laws  of the Common-
Avealth of Pennsylvania.   We have the evidence of  one  Avitness, on
which  alone is based the defense of this prisoner;  but against him are
the  fifteen Justices of  England and  eleven of our oavu  judges.  I
think  the opinion  of  twenty-six judges preponderates over  that of
Dr. Seip.  Chief Justice Agnew says:  [Ortwein vs. Com'th.] "Merely
doubtful evidence of insanity Avould fill the land Avith acquitted crimi-
nals."   "The  more enormous and horrible the crime, the less evidence
Avould there be to prove it."   " It requires that the minds of the jurors
should be satisfied of the facts of insanity."   " The law of the  State is
that where the cause of the crime is insanity, it is the duty of  the de- 
199
 lot » t0 Prove canity by the weight of the evidence at the time of the
 th V .,  .ihe1s.even Judges of the Supreme Court  of  Pennsylvania said
 mat this ruling was right.  One of the  medical gentlemen was held
 up to ridicule because one of the  witnesses, an  aged gentleman, told
 tne truth,  teo the chemists were called  names because they told the
 truth concerning scientific tests.  The first question to determine is, did
 Aiartin Laros die from the effects of arsenious acid ?  The second, was
 that poison administered by the prisoner ?   [Mr. Fox then detailed the
 History of the Laros family, and the  scenes upon the night of the
 tragedy.]                                     L          °

  _ They were all seized with violent  illness, except the prisoner.  The
 violence of the sickness was in proportion to the amount of coffee they
 drank.   Had they cholera morbus, or gastritis,  as  the  course  of the
 examination of the defense would suggest ?  Dr. Seem determines it is
 poison.   He administers emetics.  He sends for Dr. Junkin, who stays
 day after day.  Dr. Seem says,  bring the antidote for arsenic.   If this
 had been cholera morbus, or gastritis, the  antidote would have been
 certain  death.  The weary night Avanes, and the dawn finds the mother
 dead by her son's own hand.   Then the father gives  up; and he too is
 Avrapped in the embrace of death; and  soon Moses Schug lies beside
 them both.   The two doctors are suspicious of this prisoner.  He isn't
 sick.  They examine him and  ascertain his condition.   They send for
 the coffee-pot.  It would seem to be thought necessary that there should
 be some one there to  seal it up.   But it is not expected that these peo-
 ple are  all lawyers; and that they could, amid that  excitement, take
 the precaution, which these gentlemen now upon deliberate judgment,
 are able to suggest.   The prisoner told  Mrs.  Sandt that's the coffee-
 pot.   Dr. Mclntyre analyzed the contents.  He  and Mr. Davidson
 analyzed this white powder, and they swore, after having applied all
 the seven most approved tests, that it  is arsenic.   Dr. Green says these
 tests were entirely reliable.  He has been Professor  of  chemistry for
 thirty .years.  The quantity of arsenic Avas  30 grains to the fluid ounce.
 The stomach of Martin Laros Avas submitted to a chemical test.  Dr.
 Mclntyre shows arsenic in the  stomach.  Dr.  Green examines the
 crystals and says they were arsenic.   Martin Laros died.  Those  who
 took the most poison died.  Those Avho took  least came  near losing
 their lives.   It is an insult to your intelligence to stand up here after
 that and argue that the deceased died  of arsenical poison.
   Who  poisoned him ?   [Here  Mr. Fox related the facts of the pris-
 oner's going to Easton, buying the poison, return home, &c]  The ex-
 pert's estimate and Dr. Voorhis' testimony as to the amount bought by
 this man correspond.  Where Avas it?  If it Avasn't  in that coffee-pot,
 where is it ?   If it wasn't in the pot, Avhy didn't he produce it now;
 here;  upon this trial.  The bottle of tooth poAvder the prisoner bought,
 and said he bought, was found in the house—and that was bought at
the same time Avith the poison.   He sat at the supper table.  He alone
escaped.  He alone did not partake of the  fatal draught.  Did  he do
it? Why, we produced a witness on the stand, and he tells you Avhat
he said the next month.  " I  asked him what he meant by doing such 
200
 a deed.  He ansAvered, I don't kuow Avhy I done it;  my parents were
 always good to me."
   He had the opportunity to poison that coffee, and  he had the mo-
 tive for compassing the destruction of that tamily.  To ward suspicion
 from himself, he falsely pretends to Joseph Miller that he had taken
 some of that poisoned liquid, and yet to the practised eye and sense of
 the physician, he evinced  none of the symptoms of attack,  except in
 the simulation,  Is this fancy, or  is it fact? Scan the  evidence in every
 line.   Be not deceived by the ingenuity Avhich is devised to  " perplex
 and dash maturer counsel".
   He took the pocket books which contained a  large  sum  of money ;
 he buried them in the earth  from  human sight, where they  would be
 safe from investigation.  He disclosed to the  officers  of the law the
 place Avhere they lay concealed.   In that spot  they were found,  and
 are produced as silent Avitnesses against  him here. The hand  which
 took that pocket book from the secretary of Martin Laros, poured the
 poison into that coffee which Martin Laros drank into his  body  and
 which caused his  death.  How could he, this prisoner, sick  in bed, as
 they say, divine the exact place where the money was buried, and di-
 rect the officers to the spot.  He  took the money; he murdered his
 father; he feigned the sickness;  he confessed  the crime.  [Mr. Fox
 discussed at length the evidence upon proof of the corpus.]

   Now they claim that this man was of  unsound mind.  If  they  fail
 to establish, by the weight of the evidence, that  he  was  of unsound
 mind at the time the crime was committed, they fail to establish their
 case.   [Mr. Fox cited cases in support of the theory that the  desperate
 wickedness of men compasses the worst crimes.]  The  case of  Dr.
 Webster in Boston Avas cited.  Why did he kill Parker?   Because he
 Avanted to be relieved from the payment of money.  It is not whether
 this  prisoner had a motive that you  are  to find.  You  are to find
 whether this man's mental faculties were so destroyed that lie did not
 know that  it Avas wrong to kill his father and mother. It's a singular
 thing that no one ever saw this man have one of these spasms  except
 his own family.  He had thirty school children.  They never saw any-
 thing of it.  He has been in this  court house twelve  days.  If  any-
 thing Avould try a man  with  epilepsy, these scenes would.  He  never
 had spasms when Dr. Green  and Dr. Curwen  were here.  I  say that
 nobody says he had epilepsy years ago.  Dr.  Curwen  knows;  Dr.
 Green knows.  These men say it  was not epilepsy.   Nobody up in
 Plainfield saw him have  anything like  epilepsy.  He hurt his  leg.
 They carried him into the  house.  Annie Laros saw  something like
spasms last year.   They give a few instances of spasms later than that.
 Dr. Seem says point blank tliat he didn't see anything  like spasms.
 Dr. Junkin says the same thing.  These doctors  were in  the house
three consecutive days.
  The prisoner's defense rests upon the proof of epileptic seizures, and
that he Avas afflicted so long that the mind was impaired ; or, that in
 consequence of the spasms, shortly before the deed was committed, his 
201
mind was in that degree of temporary confusion, at the  time, that he
was not capable of understanding the nature and quality of the act.
Jiut what did he purchase  the poison for ?   Was  his ,raind  confused
then t  He had taught school continually ; he taught the day the poi-
son was purchased ; he taught the day it Avas administered, and the in-
tervening day as well.  His scholars noticed no change  upon the day
of the murder.   Not an hour before the crime he talked  with the
neighbors, on his Avay from school.  Nobody noticed any disturbance,
and nobody heard or suspected before that, he had ever suffered from
any kind of nervous disease.
  Nor were the spasms which the prisoner had, epileptic seizures. The
symptoms were not there.  It is remarkable that except  in  prison no
one ever saw it;  nor near the time of the murder.   Epilepsy is occa-
sioned and superinduced by excitement, and yet this prisoner had been
in Court for t\velve days amid all the excitement and showed no indi-
cation of an  attack; he  didn't have any Avhen Dr. Cunven and Dr.
Green Avere present; that would have been a bad time for one  of his
attacks ; he said the attack at Mann's Avas occasioned by the passage
of a worm ; the case at  Plainfield township school  house was a fall on
the ice, a sprain, and a fainting fit following it, not an epileptic attack ;
this Avas  three or four years ago;  then no more are  heard of until last
April; since  then the family say that he  has  had  several more ; the
family say that he had several the days following the murder, and yet
Drs. Seem and Junkin,  in the house at the time, did not  see  or  know
anything of them.
  Dr. Curwen has seen hundreds of such cases.  He has never known
a case in which the swelling of the veins of the neck and frothing  at
the mouth were  absent.   Laros Avas ahvays pale, and not livid, and did
not show the other symptoms.
  All the evidence is that these incidents in the alleged disease occured
Avithin a few Aveeks of the murder.  Men who have resolved to commit
great crimes like this must have fearful dreams between the  resolution
and the consummation.   What wonder  that he could no longer sleep !
He had horrid dreams by day and night, drawn upon his mind because
of the awful crime  which he Avas then  intending  to  perpetrate.   If
Shakespeare's Clarence  could have had such visions, how much  more
Avould he, as he contemplated the murder of the father who begot him,
and the mother who bore him !  So like Clarence might he  think his
dream was lengthened after life.
" O, I have pass'd a miserable night,
So full of fearful dreams, of ugly sights,
That as I am a Christian faithful man,
I would not spend another such a night,
Though 'twere to buy a world of happy days.
   *   *  *   And often did I strive
To yield the ghost; but still the envious flood
Kept in my soul, and would not let lt forth 
202
To seek the empty, vast, and wand'ring air;
But smothered it within my panting bulk,
Which almost burst to belch lt in the sea.
I pass'd methought the melancholy flood,
With that grim ferryman which poets write of
Unto the kingdom of perpetual night.
   *   *   *  Then came wand'ring by
A. shadow like an angel, with bright hair
Dabbled in blood; and he shrieked out aloud,—
Clarence is come,—false, fleeting, perjured Clarence,—
That stabbed me in the fields by Tewksbury ;—
Seize on him, furies, take him to your torments '.
With that, methought, a legion of foul fiends
Environ'd me, and howled in my ears
Such hideous cries, that, with the very noise,
I trembling wak'd, and for a season after,
Could not believe but that I was in hell;
Such terrible impression made my dream."
  And, gentlemen, when he had committed this deed, and in the dim
shadows of his cell at night, he contemplated this terrible crime, it is
no wonder he had  manifestations  of some inAvard convulsion  of his
soul.   As he remembered what he had done, and  saw beside his bed
the shrouded forms of his father and his mother sent  umvarned to the
great Hereafter, it  Avas enough to make his rest disturbed—but it Avas
the goadings of an  awakened guilty conscience.
  Had he epilepsy  ?   It is possible—barely possible.   But the motive
for  feigning was there.  He knew that if he Avas proven guilty he must
suffer all the terrible consequences.  We know the great  physical tor-
tures the human  form is  capable of bearing.  By sheer  force of will
he was able to endure the tests of the jail physician, because his endur-
ance was to save his life.   [Mr. Fox referred to cases Avhere persons had
suffered unmoved to test their faith or innocence.]  You are not author-
ized to acquit because the prisoner had epileptic convulsions, but  only
Avhen you find his mind was so impaired that he did not comprehend
the consequences of his act.   Dr. Seip  says he has genuine epilepsy.  I
propose to contradict Dr. Seip by Dr.  Seip.   " Doctor,  Avhat  is the
shortest  time in Avhich  epileptic cases  are affected  by insanity ?"
" Four years," said he.  And yet  he  came  into Court and  said  that
this boy Avas not morally responsible, who had spasms only six or eight
months.  Dr. Curwen says he never knew any epileptic cases in Avhich
the mind  Avas affected in less  than five  years.   The  law  says unless a
man's mind is deranged, unless he is insane, incapable of judging be-
tween right and wrong, if he commits such  a crime, he is responsible
for  it.  [Dr. Seip's testimony Avas reviewed  at length, and  Mr.  Fox
said if Monroe Smith's testimony Avas  true, the  Doctor Avas most egre-
giously humbugged.]  If a man does not depend on facts, and  goes
into the domain of speculation he is apt to become ridiculous.   Why
did he not call in some other physician?  When he  Avas called to the
prison to see the Defendent in his spasms, Avhen he advised the  priso- 
203
ner s counsel that the disease was a genuine epileptic seizure, and  the
defense would be insanity, why were not other physicins  of this place
directed to examine his condition.  If it was not simulation and if he
successfully withstood the pain inflicted  by the  Doctor's devices, how
much better that there should have been three or four expert Avitnesses
instead of one; a word would have been sufficient to procure them. And
if these spasms were not feigned epilepsy, then  Dr.  Seip might have
been supported by evidence impossible to refute.  As soon as the Jury
Avas sworn, Laros had these fits every night, and yet during the Avhole
trial  until  Smith's  testimony, none of us, I am sure, suspected any
irregularity in his daily life." Then  they talk  of holding his hands
straight out, and yet Dr. Curwen says he never  saAV a case  in Avhich
the hands were extended.   Was his mind affected Avhen he purchased
the poison ?  They say he had the spasms that day and night.   He
stands at the counter and deliberates.   He Avants 10 cents  Avorth, and
then 25 cents worth, and as he meditated on the crime he Avas  about
to commit, he said Doctor, give  me 50 cents  worth.   [Mr. Fox de-
picted the scene at the supper table.]  They say the coffee tastes pep-
pery—it looks white.   What Avonderthat his look Avas wild as he con-
templated the dreadful scene, that his hand trembles as  he sees them
all partaking of the fatal draught.  But he was cool when they were
seized.  He helped to take care of the sick,  and carry them in from
the yard.   Then he was told that his mother wTas dying.  What won-
der that his hands clenched and a momentary spasm  passed  over his
face.   And then next  day Moses Shug died.   Lying  there  amidst
scenes of death and sickness, Avhat Avonder that he should show a pallid
and wild expression of  countenance.   In the same room  Avas the dead
body of Moses Schug.   In  the  next  room Avas the cold dust of his
father and  his mother, murdered by his  hand.  Dr. Curwen's testi-
mony as to his opinion of the time before and after spasms  in Avhich
the mind was clouded, Avas read, "I think  he Avas  capable  of distin-
guishing between right and  wrong."   " From the  description  of  the
attacks I heard here, and he  committed a  crime, I Avould not doubt
his sanity."  " I don't think a person could be  affected with epilepsy
that affected his  mind and no one notice it."   Dr. Seip has  said that
out of thirty or forty cases of epilepsy under his charge only four had
become impaired in mind, and none had gone to the asylum.
  Dr. Curwen says he has seen hundreds of cases and never knew the
mind to be affected in less than five years ; and Dr. Green, in a prac-
ttce of forty-two  years, had had one or two cases of epilepsy each year,
and never had one get insane.         .   iC.n   , ..    .      , .,
  We  have called  witnesses beginning in  1872, and they have  told
you that  Allen  Laros taught intelligently and  saAv nothing that made
them think there Avas anything strange about  him.  And will  you
undertake to say that a man who never gave a sign of  insanity, who
acted  rationally, attended to his business passed a teachers examina-
tion  whom Avitnesses testified Avas perfectly sane, shall escape the just
pun shment of the law upon the fanciful opinion of one man ?  You
have  nothing to do with  the consequences.   Did Martin Laros die 
204
 from poison?  Did that man administer the poison?  Do the circum-
 stances point to him ?  Does the confession  that  he made to Win.
 Schug connect him with the crime ?  The law infers that he meant to
 kill Avhen he  administered poison.   Are you to say that he poisoned
 them and that he is guilty of murder, but only in the second degree be-
 cause he didn't know that it would kill ?   If he was insane, say so; but
 it is impossible to find  that he Avas sane enough to be guilty of murder
 in the second degree, and yet not sane enough to be guilty of murder
 in the first degree.
   We brought Dr. Curwen here, because he has had a varied practice
 in cases of epilepsy for a long series of years.   He came  here  as an
 expert, at our direction ; he heard the Avhole of the case.   He was not
 asked his opinion, until you heard his ansAver from this stand.  If he
 had believed the prisoner to be of unsound mind,  he was  to say  so.
 We brought  Dr. Green and Dr. Junkin here to speak the truth  in the
 name of God, Avithout  fear, and Avithout favor.   Their testimony  was
 absolutely fatal  to this man's pretensions of  epileptic insanity, and
 they say that this man was in possession of his faculties.  There have
 been cases cited A\diich  conflict with their opinions.   But most of these
 authorities have been superintendents of asylums  who get only  the
 Avorst cases.   So that these treatises are founded  upon a theory  which
 is not Avide enough.  But these physicians have attended epileptic cases;
 they say that in no case does epilepsy affect a patient more than two or
 three hours after the spasms.  In  their judgment he was not insane at
 the time of the commission of this murder.
  The CommonAvealth of Pennsylvania, Avhose minister I am,  asks the
 conviction of no man upon doubtful or uncertain evidence.  She is no
 avenger of blood ; she is not swayed by the prejudice of ignorant rage,
 nor the turbulence of  excited  frenzy.  If you have that necessary
 doubt to acquit, then I  ask  for no conviction.   But if we have proven
 that Martin Laros died by poison; that this prisoner bought the poi-
son ; that he  administered it; that he knew the nature and quality of
his  act then  the law says, that being of s mnd mind and memory, he
murdered, his father.  And the laAvs of God, and the laws  of man
punish the murderer with death. 
205
                Wednesday Morning, August  30.

 the^rf^fo^lo™ H- MEYERS' ^ Mffe> deHvered thG Cha^e t0
   Gentlemen of the Jury :-The eonmel for the defendant have sub-
 mitted certain legal propositions to the Court to be passed upon ly us
 n o ur instructions to you.   I have carefully examined the points, and
 before 1 give you my general charge I wilfread  and explain them to
 you.   Where we disagree with the points I will  add the  words "Not
 amrmea, and to those points with which Ave agree the word "Affirmed"
 will be added.  The points submitted are as follows :
   Northampton  County.—In the  Court of Oyer and Terminer, August
 Lerm, A. JD. lofo.
 Commonwealth of Pennsylvania, ) Sur indictment.
                 vs.                 C
         Allen C.  Laros.          \ Murder of  Martin Laros.
   Prayer of instructions to the jury on the part of the prisoner.
   The Court are hereby respectfully requested to charge the jury :
   First—That unless the fact of death of Martin Laros  by arsenious
 acid,  as well as the criminal agency of the defendant in such death, is
 proven or corroborated  by other evidence, the  admission  alone  of  the
 the prisoner will not justify the jury  in rendering a verdict of guilty.
   Answer—Affi r m ed.
   Second—That as the chemical analysis of the  Commonwealth upon
 the stomach and intestines  of the deceased has failed to discover arsen-
 ious acid in such quantity as to cause death ; and as no  analysis Avas
 made of the vomit and ejected matter, or of any other portion  of the
 body  of the deceased, the jury cannot convict the  prisoner until satis-
 fied  to a moral certainty that death was caused by arsenious acid by
 the criminal agency of the  defendant.
   Answei—Not affirmed.
   Third—That  the  case  of the  CommonAvealth, being one of circum-
 stantial testimony, it must to a  moral certainty  exclude  every other
 hypothesis but  the  one  of the  death of  deceased by arsenious acid
 through the criminal agency of the defendant.
   Answer—Not affirmed.
   Fourth—If the jury find, beyond a reasonable doubt,  that Martin
 Laros was poisoned by the defendant, and further finds by the weight
 of the evidence that at the  time the act  was committed the  prisoner
 was incapable of judging whether or  not the particular act Avhich occa-
 sioned death Avas criminal; [*]  or if he knew it was criminal, but was
 impelled to  the consequences Avhich he saw and understood, but could
 not avoid, and Avas placed under a coercion from mental disease, Avhich,
 while  the results of the act were clearly perceived, he Avas  incapable of
 resisting, the verdict must be "Not guilty by reason of insanity."
  Answer—So  much of the point ending Avith the Avord  criminal [at
 the asterisk "*"] affirmed.   The  remaining part of the  point  is not
affirmed, as the evidence submitted to the jury is not applicable to the
leo-al  principle (if true)  contained in  that part of the point.
  Fifth—That murder by poison is only presumptively murder in the 
20G
first degree; and if upon the Avhole of the evidence  the  jury are  not
satisfied beyond a reasonable doubt that the mind of  the  prisoner at
the time of the act Avas so free from mental disease as to alloAV him to
deliberately premeditate the death of the deceased, and they are satis-
fied beyond  a reasonable doubt of the fact of the poisoning of Martin
Laros  by the defendant, the verdict must be "Guilty of murder in  the
second dagrae," if they  should not find him  'Not guilty by reason of
insanity."
  Answer—Not affirmed.
  Sixth—If the jury find, from the facts and circumstances of this case,
that there was no specific intent to take life the jury may find  a ver-
dict of "Guilty of murder in the second degree," provided  the fact of
the poisoning of Martin Laros by the defendant  has  been proved  be-
yond a reasonable doubt.
  Answer—Affirmed.
  Seventh—Murder by poison  may be murder in the  second degree if
there is no specific intent to take life.
  Answer—Affirmed.
  Eighth —If from the evidence in this case the jury should  find  be-
yond  a  reasonable  doubt that Martin  Laros died of poison adminis-
tered by the defendant, but should have a reasonable doubt as  to  the
sanity or insanity of the prisoner at the time of the commission  of  the
alleged act of poisoning, it is their duty to convict of "murder in  the
second degree."
  Answer—Not  affirmed.
  Ninth—The ability to distinguish between right and Avrong as to  the
particular act is not the sole test of criminal responsibility;  and if,  the
fact of poisoning having been found beyond  a  reasonable doubt,  the
jury are  satisfied by the preponderance of the evidence in the case that
the prisoner, although cognizant of the moral quality of the act  at  the
time, was unable to  resist the impulse, or to commit the act by  reason
of mental derangement, it is their duty to render  a verdict of "Not
guilty by reason  of insanity."
  Answer—Not affirmed.
  Tenth—It is only necessary  for the evidence on the part of the  de-
fendant as to insanity to preponderate in order to entitle the defend-
ant to acquittal on the ground of insanity.
  Answer—Affirmed.
  Eleventh—If the jury are satisfied by the weight of the evidence that
at the time of the commission of the alleged act of poisoning the pris-
oner was laboring under mental derangement, whether partial or gen-
eral, of  a  degree  sufficient to  have controlled his will and to have
taken from him freedom or moral action, the verdict of the jury  should
be "Not  guilty by reason of insanity."
  Answer—Not affirmed.
  Twelfth—If, by reason of mental derangement existing at the time,
the defendant had not the power to control the disposition to commit
the particular act, he is not responsible therefor, and the verdict must
be "Not  guilty by reason of insanity."
  Answer—Not  affirmed. 
207
  Gentlemen of the Jury :—The issue which you have sworn  to
try is whether Allen C. Laros, the prisoner at the bar, is guilty or not
guilty of the murder of Martin Laros.  Murder  at  common law  is
where  a person of sound  memory and discretion unlawfully kills any
reasonable creature in being and in the peace of the CommonAvealth
with malice prepense or aforethought, either express or implied." The
common law definition of murder has been modified in  this State by
express legislation.   By the statute "all murder which shall be perpe-
trated by means of poison, or by lying in wait, or by  any other kind
of wilful, deliberate and premeditated killing, or Avhich shall be  com-
mitted in the perpetration of or attempt to perpetrate any arson,  rape,
robbery or burglary, shall be deemed murder of the first degree; and
all other kinds of murder shall be deemed  murder of the  second de-
gree."  The indictment has been framed under the statute and charges
that Allen C. Laros, on the 31st day of May, 1876, he did, by means of
white arsenic, feloniously, wilfully and of his malice aforethought, kill
and murder Martin Laros.  Where a murder is perpetrated by means
of poison, or b^ lying  in wait, or by any other kind of Avilful, deliber-
ate and premeditated killing and not committed in the perpetration  of
or  attempt  to  perpetrate any arson, rape, robbery or burglary, the
Commonwealth must prove that the person charged with  the commis-
sion thereof had a specific intent to take life, and that the killing Avas
wilful,  deliberate and premeditated, Avith malice prepense or afore-
thought.
  Where a person is on his trial  for a crime the law presumes him inno-
cent until the contrary is proved, and though the force  of such pre-
sumption is  neither increased nor diminished  by reason of the nature
of the crime, yet where the prisoner, as in this case, is charged Avith the
eommission of a most unnatural and atrocious crime, the jury should
not be unmindful of this humane rule of laAV.
  For the purpose of establishing the guilt of Allen C. Laros it is the
duty of the Commonwealth, and the law so requires it, to prove beyond
a reasonable doubt—
  First—That  Martin Laros,  the person stated in the indictment,  is
dead.
  Second— That white arsenic was introduced into the body of Martin
Laros in his lifetime, and  that said white arsenic Avas the sole and im-
mediate cause of his death
   Third—That Allen  C. Laros  Avas the agent, by whose  act the said
Avhite arsenic was either directly or indirectly introduced into the body
of said Martin Laros, in the lifetime of the latter.
  Fourth—-That Allen C. Laros at the time of the commission of said
act had the specific intent to take the life of a human  being, and that
the killing of said Martin Laros in consequence of said act Avas wilful,
deliberate and premeditated, with  malice aforethought on the  part  of
the said Allen C. Laros.                 .           .    .
  There is no question that Martin Laros is dead.   I his  brings  us  to
the consideration of the second proposition, viz.: What Avas the cause
of  the  death of Martin Laros ?  It is alleged by the Commonwealth
that his death was caused by white arsenic ; that some time before sup- 
208
 per of the evening of the 31st of May last about four and a half ounces
 of that poisonous substance Avere deposited in the coffee  pot in daily
 use by the family,  that Martin Laros drank some  of the coffee pre-
 pared for supper and from the effects of the  poison in  the coffee died.
 It is an undisputed fact in the history of this case that  Martin Laros
 and his family on the 31st of May last, and  for some time previous, up
 to the time that they partook of their supper in the  evening of that
 day, Avere in reasonable good health ; that he and his  Avife, five of his
 children, viz.:  Alice, Ciara, Alvin, Erwin and Allen,  the prisoner, and
 Moses Schug, a member of the family, sat doAvn to the  supper table
 aud in a short time thereafter, and before they had completed  the
 meal, all of them, Avith probably one exception,  became very sick,  so
 that they were obliged to  leave the table and retire in the yard ; that
 this sudden  attack of sickness Avas followed almost immediately Avith
 excessive vomiting  and purging,  griping pains in the stomach  and
 boAvels, cold and clammy skin, feeble pulse, excessive prostration  as
 detailed by the Avitnesses who Avere present;  and to such a degree Avas
 the prostration that Avithin less than  two  hours  after they  had been
 seized  Avith the sickness some of them had to be carried into the house;
 that two physicians Avere called in, one of Avhom, viz.: Dr.  Seem, re-
 mained from about nine o'clock in the evening until one o'clock in the
 afternoon of the next day  ; that from the  effects of this  sudden  and
 violent sickness  Mary Ann Laros, the wife of Martin  Laros, died  at
 seven o'clock the folloAving morning, Martin Laros  died about one
 o'clock in the afternoon, and  Moses Schug died  on  the following  day
 in the afternoon.  As bearing upon the question of the cause  of the
 death  of Martin  Laros  we refer you  to the testimony of Alice  and
 Clara Laros as to the peppery  taste  or sensation  on their lips and
 tongues,  and  burning sensation in  the throat, produced  by drinking
 coffee that evening, aud in connection therewith to the  testimony  of
 Drs. Green and  Mclntire as to a like peppery sensation on the tongue
 and lips experienced by them, resulting from actual  experiment with
 white arsenic in solution, one of them testifying that in his case the so-
 lution Avas with coffee.   To  the  testimony  of  Clara  Laros as to the
 white or milky appearance of the coffee at the time she poured the hot
 Avater in the coffee pot.  To the testimony of the witness who testified
 to the drinking of coffee by all who Avere at the table,  with the excep-
 tion of Allen, the defendant, and the probable quantity drank by each
 of them.   To the testimony of one of the Avitnesses Avho heard Martin
 Laros make a remark at the table that he tasted something  strange iu
 the meat.   To the testimony  of the witness Avho detailed  to you the
 manner in which Martin Laros Avas taken sick,  how  it  affected  him
 during that night and the next day, especially Martin Laros and  his
 Avife and Moses Schug, Avho died from the effect thereof.   To the testi-
 mony of Drs. Seem  and Junkin as to the  symptoms exhibited  in the
 sickness of all the sufferers, especially Martin Laros and his Avife and
 Moses Schug, and their treatment of them, bearing in  mind the length
 of time they were in attendance at their first visit, and their subsequent
attendance on the sick.  We further call your attention  to  the testi-
mony of witnesses as to the fact Avhether or not  the symptoms of the 
209
persons afflicted were all of a like character, and  to  opinions of Drs
heem and Junkin whether the disease and death of Martin Laros and
his wile and Moses Schug were the result of natural cause or the pres-
ence ot an irritant mineral poison in their  stomachs.   We  also refer
you to the testimony of Dr. Field, who made a post mortem examina-
tion ot the body of Martin Laros on the 6th of June last, as to the ap-
pearance of  the body when exhumed, the appearance of the stomach,
intestines, heart, liver and lining membranes of the stomach and in-
testines and his opinion based thereon as to the cause of the death of
Martin Laros.  To the testimony of Dr. Mclntire as to the condition
and appearance of the stomach and part of the intestines delivered  to
him by Henry S. Carey, and his opinion as to the probable cause that
produced the same.
   We direct your attention and careful consideration of the testimony
relating to the contents of a coffee pot, alleged by  the Commonwealth
to be the one used by the Laros family at the supper on the evening of
the  31st  ot May, where the same was found that night,  and where
kept; the examination thereof the next morning by Drs.  Seem and
Junkin ; the finding of coffee, coffee grounds and  a white sediment in
it; what they did Avith the coffee and the  Avhite  sediment; how and
Avhen a portion ot said coffee and Avhite sediment passed into the hands
of D. D. Davidson for analysis, and a remaining  portion thereof into
the hands of Mr. Carey and  ultimately  into  the  hands of Dr. Mcln-
tire for a similar purpose.   Whatever value as evidence in this ca: ?,
the subsequent analysis and tests  to Avhich the coffee and Avhite sedi-
ment were subjected to by D. D. Davidson and Dr. Mclntire, the Com-
monAvealth must satisfy you that the coffee pot from which the coffee and
white sediment were taken by Drs. Seem and Junkin on the morning
of the 1st of June was  the same coffee pot from which  coffee Avas ob-
tained the evening before aud drank by Martin Laros and his  family.
The CommonAvealth must further satisfy you  that the contents of the
coffee pot, after Martin Laros and his family became sick  up to the
time  that  said  contents Avere removed,  had not been tampered with,
and on this point you have a right to take into consideration the testi-
mony of the two girls as to the peppery taste or sensation produced on
the tongue and lips the evening before  by  drinking  coffee,  the white
or milky appearance of the coffee when the hot water Avas poured into
the coffee pot and the sudden and violent attack of sickness of the pe-
sons Avho drank of the same.   You must  also be  satisfied that the cof-
fee and white sediment had not been tampered Avith before the analy-
sis and tests were made.   We direct  your attention to the testimony
of Dr. Mclntire and D. D. Davidson, avIio testified to the analysis a- d
tests of these substances, and that such analysis and tests proved con-
clusively that the Avhite sediment was arsenious acid or Avhite arsenic,
and that the coffee contained a large quantity of  the same  substance
in solution.   We also direct your attention  to  the testimony of Dr.
Mclntire as to his analysis of the stomach and contents  and part of the
intestines of Martin Laros.  He testifies that the result of the analysis
and tests indicated  the presence of arsenious acid  or Avhite  arsenic  in
the stomach and contents, and that he found a small portion of that 
210
substance,  not  exceeding  in  quantity the five-thousandth part of a
grain  or  less  than  the  fifty-thousandth part  of  a  grain.    The
Commonwealth  must  satisfy  you that Dr.  Mclntire  and  D.  D.
Davidson,  both  by education  aud  experience, were  fully  compe-
tent to make the analysis aud tests and  that they employed the most
improved and most infallible tests known to science  to  ascertain  the
presence of arsenious acid.  You have  heard their testimony, how they
made  the analysis and applied the tests and their results.  In mak-
ing these tests they Avere obliged to use reagents, and the CommonAvealth
must satisfy you by e\ridence of actual tests of said reagents to show that
they Avere free from arsenious acid. In endeavoring to ascertain the cause
of Martin Laros' death you have a right to take into consideration  the
testimony of Dr. Voorhies as to the fact Avhether a person  purchased
white arsenic from his drug store ou North Third street, either  in  the
afternoon of the 29th or 30th of May last, and Avhether that Avas Allen
C. Laros, Avho it is not denied Avas in the house of Martin Laros on the
evening of the 31st of May and had, or may have had, the opportunity
to deposit the Avhite arsenic into the coffee pot.   It is contended on the
part of the defendant that inasmuch as it requires at least two  grains
of white arsenic to take  the life of an adult person,  and  as  not more
than the five-thousandth part of a grain was found in the contents and
stomach of Martin Laros and no evidence was given  of the examina-
tion and analysis of the  vomit ejected  from the sick persons, the liver
of Martin Laros and the stomach, intestines and liver of  the  wife of
Martin Laros and Moses Schug, to show the preseuce, if that was  the
fact, of a larger quantity of Avhite arsenic, either in the body of Martin
Laros or the other persons ; there is not that moral certainty of the fact
that Martin Laros died  of the effect of arsenical poison,  Avhere  it  was
in the  power of the Commonwealth to produce other  aud better evi-
dence that  might put this question  beyond all possible doubt.
   We  say to you ou that point that, though the poison Avas not found
in the  body of Martin Laros in sufficient quantity to produce death, it
is competent for the jury to find the fact of death by poison from other
facts in the  case, taken in connection Avith evidence, that Avhere arsenic
is taken into the stomach in a hot solution the vomiting  produced by
the action of the poison  and the antidotes may, and does, expel a large
portion of the poison from the stomach, if such evidence  satisfies  you
beyond a reasonable doubt.
   We  have thus, in a general Avay, directed you to the  testimony on
this point, but it will be your duty to  examine  it carefully and  mi-
nutely in all its details,  to subject it to all the tests known to the law
and  the rules of evidence; and  Avhere  the Commonwealth seeks to
establish the existence of a fact by circumstantial evidence  the Com-
monwealth  is  required  to establish each distinctive fact that goes to
make up the chain of evidence beyond a reasonable doubt.
   Has the Commonwealth  satisfied  you beyond a reasonable doubt
that the death  ot Martin Laros was caused by white  arsenic ?  If it
has you will then proceed to the consideration of the third proposition,
viz.: Was  Allen C. Laros  the guilty agent ?  On this point we refer
you to the testimony  of Dr. Voorhies, who testifies that on the after- 
211
noon of the 29th or 30th of May he sold about four and a half ounce?
of white arsenic to the same person.  That he sold to the same person
at the same time a bottle of Brown's camphorated dentifrice and  also
prescribed some medicine for him for an eruption on the  face.  He
testified that  this person was Allen  C. Laros.  You will carefully ex-
amine his testimony, how he fixed the time of the purchase of the white
arsenic and his identification of the  person.  On this point I refer you
to the evidence relative to the finding iu the house of Martin Laros on
Saturday, the 4th of June,  of a bottle of Brown's  camphorated  denti-
frice, Avhich Dr. Voorhies testified was precisely of the same character
as  the  one  which he sold to  the person Avho  purchased the white
arsenic.   In  connection therewith  we refer you to the testimony of
witnesses as to the declarations made by Allen C. Laros on Saturday,
the 4th  of June, as to his purchase some day that  Aveek of a bottle of
tooth powder  in  a  drug  store  on North Third street, opposite the
United  States Hotel and above Jacob  Sandt's, as bearing  upon the
question of identification.  We also refer you to the fact of the  actual
presence  of  Allen C.  Laros at the house on the evening in question
and up to the time that the family of Martin Laros became sick, upon
the question  of fact that Allen C. Laros either had or may have had
the opportunity to deposit  the Avhite arsenic in the coffee pot.   To the
testimony of  Avitnesses as to the fact Avhether or not Allen C. Laros on
>aid evening  drank of the coffee and Avhether or  not  his  sickness on
Wednesday evening and night and the several succeeding  days was
the result of  the poison in the coffee or feigned to  ward off suspicion
from him as  the guilty agent.  To the testimony of the Avitnesses as to
the finding of the pocketbook and money  of Martin Laros  and Moses
Schug buried in the ground between the privy and the sheep  pen on
Saturday, the 4th of June, and the declaration of Allen C.  Laros on
the same day which led to  the finding of the same, as evidence of the
fact that he had committed a larceny  in  the  same  house,  upon the
question of a motive on the part  of the defendant to perpetrate the
crime of murder.  Also to the testimony of William  Schug as _ to an
alleged  confession made by the defendant to him  in  jail,  bearing in
mind that the jury must be satisfied that the defendant at the time of
the alleo-ed confession was  not laboring under the effect of mental dis-
order that the witness perfectly understood what the defendant  said,
and that the same clearly referred to the commission of the crime with
which he stands charged.  You  will examine all the testimony bear-
ing on the criminal agency of Allen C. Laros in all its details aud sub-
ject it  to all the rigid tests of the law, and before you can say that
 Vllen C Laros administered the murderous poison to Martin Laros
the evidence must satisfy you of that fact beyond a reasonable doubt.
   This  brino-s us to the consideration of the fourth proposition   viz :
Whether Alien C. Laros, at the  time he committed this  act, had the
specific intent to take the life of a human being and whether the kill-
ing of Martin Laros in pursuance of that intent was wilful, deliberate
and premeditated, and with malice aforethought.
   In a  case of felonious homicide, where there is no evidence of express
malice  towards the deceased, founded on  previous or contemporaneous 
212
acts and declarations, and the killing was  accidental,  then  not only
malice, but also the intent to kill is to be presumed from the use of a
deadly weapon, for the law adopts the common belief that  a man in-
tends the usual, immediate and natural consequence  of  his  voluntary
act.   In the description of a deadly Aveapon it is reasonable to include
a deadly poison, and it is immaterial whether  the poison is a. 1 minis-
tered directly  from the hand of the poisoner or whether it is design-
edly mingled by him with some article of daily food Avhich he  knew
would or probably might be partaken of by the deceased or some other
person.   This implied malice springs out of that Avickedness of  dispo-
sition, hardness of heart, cruelty, recklessness of disposition  and  a
mind regardless of social duty.  Therefore, if the  intent to  take life
exists the killing is wilful; if this intention is  accompanied by such
circumstances as evince a  mind fully conscious  of its own purpose it  is
deliberate, aud if sufficient time is afforded to frame the design to ki'l
and select the instrument of death it  is premeditated.   If,  therefore,
you fiud the fact beyond a reasonable doubt that Allen  C. Laros took
the life of Martin Laros you Avill examine  the evidence to which  I
have already referred to to determine Avhether he had,  beyond a rea-
sonable doubt, a specific intent to take the  life of some  human being,
and whether the killing of Martin Laros Avas  wilful,  deliberate  and
premeditated.
   This is the case on the part of the CommonAvealth.
   This brings us to the consideration  of the  defence,   namrly, that
Allen C. Laros, at the time  when he committed the act  vvith which he
is charged in the indictment, was insane and therefore  not  criminally
responsible  for  the act.   The 66th section of the act of Mavch 31,
1860, provides "That in every case in which it  is  given in  evideu? e
upon the trial of any person charged Avith any crime or misdemeanor,
that such person Avas insane at the time of the  commission of such
offence, and he shall be acquitted, the jury shall  hz required to find
specially Avhether such  person was insane at the time of the commis-
sion of such offence and to declare Avhether  he Avas acquitted by  them
on the ground of such insanity "
   Where a person is charged  Avith a  crime the  law  presumes such
person to be sane and to possess a sufficient degree of reason to be re-
sponsible for his act until the contrary be shoAvn to the  satisfaction  of
the jury and by the preponderating Aveight of the evidence in uhecase.
   Insanity or unsoundness of mind, whatever form it may  assume,  N
a fact, and its existence  must be proved.  A  reasonable doubt  of in-
sanity cannot, therefore, be the true basis of the finding  of it as a fact
and as a ground of acquittal.  To doubt one's insanity  is not necessa-
rily to be convinced of his sanity,  and the law  of the   State is that
Avhere the killing is admitted or proved, and insanity or want of legal
responsibility is alleged by the defendant as an excuse,  it is the duty
of the defendant to satisfy the jury that  insanity actually   existed at
the time of the act, and  a doubt as to such insanity will  not justify  a
jury in acquitting upon  that ground.
   Where a person on his trial for a crime  interposes the plea  of in-
sanity as a defence the laAV ot this State requires— 
213
  1. That  it  must  be clearly  proved that at the time of committing
the act the party accused was laboring under such a defect of reason
from disease of the mind as not to knoAV the nature and quality of the
act he was doing, or if he did know it that he did  not know  he was
doing what was Avrong.
  2. Or that he Avas under the influence of an insane delusion or hal-
lucination, controlling his will, making the commission of the act in
his apprehension a duty of overruling necessity.
  3. Or that he Avas under the influence of a moral or homicidal ma-
nia, consisting of an irresistible  impulse to kill or  commit some  other
particular  offence ; in consequence of some unknoAvn cause influencing
the mind, draAving it to consequences Avhich it sees, but cannot avoid,
and placing it under a coercion  which, while its  results  are clearly
perceived,  is incapable of resistance.
  There is no evidence in the case shoAving that even if Allen C.  Laros
was at any time laboring under a general or partial insanity that he
was ever subject to delusions or to homicidal mania,  or that in  conse-
quence of such delusion or homicidal mania he committed theactAvith
Avhich he is charged.  The only remaining question is, Was  Allen C.
Laros at the time he committed the act laboring under such a  defect
of  reason  from disease  of  the mind as not to know the nature and
quality of the act he Avas doing, or if he did know  it that he did  not
know he was doing wrong ?
   We have already stated to you that the defendant  is  presumed to
be sane, aud the burden is on him to prove to your  satisfaction that
he was insane.  You cannot, hoAvever infer insanity from the henious
and atrocious character of the crime, or to constitute it as an element
in  the proof of actual insanity.   The defendant alleges that  from  the
year 1872 up to the present time he has been subject to the  disease of
epilepsy; that the nature of this disease is to impair the mind, and that
 in  many  cases it  produces actual insanity ;  that in case of epilepsy
 there is, if not as a general rule, frequently both before and after each
attack of the disease, an insane  state or condition  of  the  mind  ; that
this condition varies in duration, depending more  or less  upon the se-
 verity of the disease.  The defendant claims that  on the 31st of May
 he was in  that condition of temporary insanity, resulting from the epi-
leptic convulsion which  he alleges  he had on  Saturday in the day
time  and  on Monday  and Tuesday  night  immediately preceding the
said 31st   It is admitted by the Commonwealth that genuine epilepsy
often results in insanity, but that it never occurs within  four  years
before the first attack.   The Commonwealth also  admit that  there is
often that perturbed condition of the mind both before and after an
attack of epilepsy, but that its duration rarely exceeds four houis and
in many cases perceptible only for a short time.   The  first question of
fact is Avhether  Allen C. Laros prior to the 31st of May last  was sub-
ject to epilepsy.
   You will ascertain, in the  first instance, from the  evidence whether
there are  any distinctive  characteristics and features in the symptoms
of epilepsy. 
214
  The Avitnesses  agree that clenching  of the bauds, unconsciousness
and excessive paleness immediately preceding the  attack  are symp-
toms  of  epilepsy.  The CommonAvealth, however, contends, and so
Drs. Green and Curwen testify, that during  the convulsions the face
also assumes a livid or purplish appearance,  that there is a swelling of
the veins along the throat and frothing from the mouth.  If these,  in
addition to the closing of the hands,  unconsciousness and paleness  in
the face immediately preceding the attack, are the usual  and ordinary
symptoms, Avere they all present at the several attacks testified to by
the several Avitnesses  commencing  in  1872 up to the 31st of May ?
Were all those symptoms present when it  is  alleged he  had  several
attacks on Thursday aud Friday succeeding the  31st of May,  as  well
as ou the several occasions in jail testified  to by Dr. Seip aud his son,
Whitesell, Reed and Smith?  Did Smith testily that on  several  occa-
sions, when he had these convulsions, when he Avas  in  the  cell alone
with him, that he had no clenching of the  hands?   You  will bear  in
mind that the only physicians Avho saw Allen C. Laros  in  these  con-
vulsions were Dr. Seem, in 1872, and Dr.  Seip and son in the  prison.
That Dr. Seem is of the opinion that Avhen he saAV him in 1872 he did
not have epilepsy.  If you  are satisfied  from  the evidence that all
these convulsive attacks, these symptoms, testified to by Drs. Cunven
and Green, Avere not present; that at times  there  was no  clenching
of the hands ; that Dr. Seem did not believe it Avas  epilepsy in 1872,
and, though there  Avas always unconsciousness, clenching of the hands,
with few  exceptions, and paleness of the  face preceding the  attack, it
will be for you to say whether or not  the defendant has satisfied you by
the weight of the evidence that prior to the 31st of May, 1876, Allen
C. Laros  Avas affected with epilepsy.  If he was not then it is difficult
to see hoAv he  could have  had epileptic insanity.  In either event,
whether you find that he had or had not epilepsy, it will be your duty
to examine all the testimony carefully in all its details to ascertain the
condition of Allen C. Laros' mind from  1872 up to  the 31st of May,
1876.  You will ascertain hoAv many attacks of  convulsions  he had,
their force, character and duration ;  Avhether he  had  any  stupor  or
disorder of the mind immediately preceding and  succeeding  each  con-
vulsion, as Avell as their character and duration.   You  will  ascertain
Avhat effect these convulsions  had upon  his mind,  health, disposition
and temper.  You will examine into  all  his acts and conversations  as
detailed by the witnesses, whether in the school  room, at  home, in the
highAvays or Avherever the witnesses placed him up to the 31st of May
last and immediately afterwards.   You  will  compare the testimony of
Avitnesses as to his sanity or insanity, carefully  scrutinizing the facts
upon Avhich they Avere found, and after having exhausted all the evi-
dence bearing on the question of sanity aud insanity it will be for you
to say whether or not Allen  C. Laros has satisfied you by the weight
of the evidence that on the evening of the 31st of May, as well as  on
the day it is alleged that he  purchased the white arsenic, that  he was
insane and not criminally responsible for the commission of  the  crime
charged against him.
  Where a person is indicted for murder,  and a  jury shall  find  such 
215
 poison guilty thereof, they shall ascertain  in their verdict whether it
 i>e murder of the first degree or murder of the second degree.
  It the Cornmonwealth fails to prove the death  of  Martin Laros by
 means of white arsenic and the criminal agency of Allen C. Laros,  or
 either then you will reuder a verdict of not guilty.
  It the CommonAvealth prove  beyond a reasonable doubt that Martin
 Laros died by means of white arsenic and the criminal agency of Allen
 C, Laros and that the said Allen C. Laros shall have satisfied you by
 the weight of the evidence that at the time of the commission of said
 act of poisoning he was insane in the manner indicated by mv general
 charge, and morally irresponsible, vou  will  render  a verdict  of not
 guilty and  declare in your verdict that he is acquitted on the ground
 of insanity.
  If the Commonwealth  prove beyond a reasonable doubt that Martin
 Laros died by means of Avhite arsenic and also the criminal agency  of
 Allen C. Laros,  and  the defendant should  fail to satisfy you that he
 was insane  at the time of the commission of the act and the Common-
 Avealth fail  to prove beyond a reasonable doubt that the said Allen C.
 Laros had no specific intention  to take the life of a human  being, you
 will render a verdict of murder in the second degree.
  If the Commonwealth should pnwe beyond a reasonable doubt  that
 Martin Laros died by means of white arsenic, and also that the act  of
 poisoning Avas done by  the said Allen C  Laros with the specific intent
 to take the life of a human being, and that the killing of Martin Laros
 was wilful,  deliberate and premeditated, with malice aforethought, on
 the part of Allen C. Laros, you will render a verdict of murder of the
first degree.
  Tipstaves Ferguson and Purdy wrere SAvorn  to  take charge of the
jury.   The jury were then conducted by them to a private apartment
in the Court House.

               Wednesday Afternoon, August 30.

  [The jury came in at fifteen minutes past tAvo o'clock, having been
out about three hours.]
  Judge Meyers said: I do not know, nor have I reason to expect, that
unon an occasion like this, so full of sadness and solemnity, that any-
one in the audience will make any sort of demonstration when the ver-
dict  is  announced.  I  say that I do not  expect that, nor do I know
that any one contemplates doing so; but, as a measure of caution, I say
that I hope the audience will make no demonstration of any kind.
  Mr. Snyder, take the verdict.
  Clerk Snyder [after calling the names  of the jury]—Gentlemen  of
the  jury, have you agreed upon a verdict ?
  the Foreman—We have. 
216
   Tlie Clerk—In the issue joined betAveen the Commonwealth of Penn-
 sylvania and Allen C. Laros, the prisoner at the bar, how do you find,
 guilty or not guilty?
   The Foreman—Guilty.
   The Clerk—Of Avhat do you find the prisoner guilty ?
   The Foreman—Guilty of murder in the first degree.
   Mr. Kirkpatrick—If your Plonors please, it  is the privilege of the
 defendant in a case of this character to have the jury polled.  We ask
 that it be hoav done.
   Judge Miiiers— Let the jury be polled.
   The Clerk [calling each juryman in turn by name]—Harken to the
 verdict as the Court have it recorded ; In the issue joined between the
 CommonAvealth of Pennsylvania and Allen  C. Laros,  the  prisoner at
 the bar, you say that you fiud Allen C. Laros guilty of murder in the
 first degree.   Is that your verdict?
   [And each juryman ansAvered] It is.
   The Clerk asked the same question of the jury collectively.
   The Jury responded, "Guilty of.murder in the first degree."
   Judge Meyers then said :
   Gentlemen of the Jrnv :—I only intend to detain  you one  mo-
 ment to express the thanks of this Court, and also of the members of
 the bar Avho AATere engaged in this very arduous and prolonged trial,
 for the attention and care that  you have given  to this case  by the
 promptness  of your attendance,   and  for your general demeanor and
 behavior through the Avhole course of this trial.  It has  been to you,
 no doubt, a  matter of deep concern, and even distress, to be detained
 away from your families  for a period of two weeks, separated from the
 society of your neighbors and friends, and it  will no  doubt be a source
 of great pleasure and comfort to you to be enabled to  return to  your
 homes at the earliest moment.   With the thanks of the Court repeated
 for your faithfulness to your duties in this case, we discharge you from
 further attendance at this Court.


   Mr. Scott—In behalf of Allen  C. Laros, the  prisoner at the bar, I
 iioav move, Your Honors, to grant a ucav trial.  We shall file our rea-
 sons therefor in due form in the  course of a few days.
   The Court—Take your rule to show cause.

                      September  18, 1876.

   The counsel for the defendant  filed the following reasons  for a iicav
trial:
   In the Court of Oyer and  Terminer of Northampton County.
Commonwealth of Pennsylvania 1    Indictment for murder of
                vs.                 [
        Allen C.  Laros.          )         Martin Laros.
   Reasons for a new trial:

   1.  That the jury empanelled during the continuance of the trial were
permitted  by  the  officers having them in charge to read neAvspapers 
217
containing imperfect reports of the case and comments unfavorable to
the prisoner.
  2. That the refusal by the Court to grant a continuance to the  pri-
soner  on  account  of the absence of Dr. Ray, a material witness for
him, who had been subpoenaed  and was absent by reason of sickness,
operated to his great disadvantage and prevented him from making a
full and complete defence.
  3. That the Court erred in refusing to quash the array for the  rea-
sons filed by the counsel for the defendant.
  4. That the Court erred in refusing to quash the indictment for the
reasons filed by the counsel for the defendant.
  5. That the Court erred in refusing to sustain the defendant's chal-
lenge,  for principal cause, to William Bachman, called as a juror.
  6. That the Court erred in refusing to sustain the defendant's chal-
lenge to the favor of William Bachman, called as a juror.
  7. The  Court  erred in  permitting  the  Commonwealth to  stand
aside jurors called in the special venire, as tales de circumstandibus, to
wit: Adam Meyers and Charles Sheets.
  8. That the Court erred in sustaining the challenge for cause on the
part of the Commonwealth to George Sandt, who was a  distant rela-
tive of the mother of the prisoner.
  9. The prisoner is entitled to a new trial because'the District At-
torney, in his opening to the jury, stated the precise words of an alleged
confession, which was not admitted in evidence, and to which objection
was taken at the time it was stated and the notice of the Court called
thereto.
  10.  The Court erred in  their manner of appointing Edward J. Fox,
Esq., to assist the District Attorney on the part of the Commonwealth,
as stated in the objections  of the prisoner's counsel plea at the time.
  11. The Court erred in  permitting this question to be asked on  the
part of the Commonwealth of  Dr. John M. Junkin, namely—"Were
the symptoms alike in all  who were suffering ?"
  12.  The Court erred in permitting the following question  to be
asked  by  the Commonwealth  of Dr.  J. M. Junkin, namely—"From
the symptoms of Martin Laros  and  your  observations  of those who
were  seized  with illness  at the same house with him, what,  in your
opinion, was the cause of his death?"
  13.  That the Court erred in permitting the Commonwealth to give
in evidence the results of the chemical  examination of the coffee  pot,
packages and vessels Avithout sufficient identification or proof of cus-
tody and whereabouts of said coffee pot, packages and vessels.
  14. The Court erred in  permitting Dr. Green, on  the  part of the
Commonwealth, to give his opinion as to the learning, skill and qual-
ifications of D. D. Davidson and Dr. Mclntire  to make a  chemical
analysis.                                       .
  15. The Court erred in  permitting  Dr.  V oorhies to testify to  the
admission of the prisoner under oath before the Coroner while on  sus-
picion, and the examination being conducted with direct  reference to
establishing the guilt of the witness.                  ,11.1
  16.  The Court erred in  permitting the coffee pot and  pocket book 
218
and  Brown's  camphorated  dentifrice  in evidence Avithout sufficient
identification.
  17. The Court erred in refusing to  permit defendant  to  prove by
Clinton J. Laros that Eugene, the brother of the prisoner, up  to  his
death Avas quiet, uncommunicative and retiring, aud that he died  by
hanging himself without any apparent motive and cause.
  18. The Court erred in refusing to  permit the  defendant to  prove
by William A. Horn that the daughter of Mrs. Berry, who is a grand-
daughter of Robert Levers, who Avas the uncle of the mother of  the
defendant, was and is  insane and has  been for years.
  19. The Court erred in permitting  the District  Attorney and  the
private counsel for the Commonwealth to arrange the order  of speak-
ing, and in permitting Mr. Fox to close  for the Commonwealth,  as the
record of the appointment stands.
  20. The Court erred in their answers to  the second, third, fourth,
fifth, eighth, ninth, eleventh  and twelfth points submitted by the  de-
fendant.
                                         H. W. Scott.
                                         W.  S. KlRKPARTICK.
Northampton County, ss.
  Now, this 18th day  of September, 1876, H. W.  Scott, of counsel  for
defendant, being duly sworn according to laAV, deposeth and  saith that
the facts alleged in the above reasons for a new trial  are correct and
true, as he verily believes, and are not interposed  for delay.
                                                 H. W.  Scott.
  Sworn and subscribed before me.
                                           Josiah Cole, A. J.
                     September 28, 1876.

  Testimony taken upon the rule to show cause why a new trial should
not be granted.

  John H.  Purdy, SAvorn.
  I was one of the constables Avho had charge of the jury in the  Laros
case, and was in attendance  upon  them for about  two weeks.   They
occupied the frout and back rooms  of the second  story  [of  the  hotel
opposite the Court House.]   I  believe I got two papers and carried
them to the jury. One Avas  Frank Leslie's Weekly and I don't recol-
lect  what the  other  Avas.   I got the papers doAvn at Finley's.  The
illustrated paper had the picture of the  Laros trial.  [The witness
looks at a copy of Days' Doings of the date Sept. 2, 1876.]  The paper
had a cut  of  the Laros trial like  this in it; the  paper I gave  to  the
jury.   Frank  Leslie's was one of the papers I brought, I don't recol-
lect the name of the other.  They told  me at the time what papers
they wanted.  Only told me once.  I saw them have papers at" other
times—Frank Leslie's, Uncle Sam, Harper's  Weekly.   Don't  recollect
that I saw them have the New York Sun  or the  Philadelphia  Times,
nor any of the Easton papers.  I never  got any for them.  There were
a lot of pictorial papers lying on the table which Breidinger's daughter 
219
had.  The jury had access to them.   I don't recollect the date of the
paper, that Frank Leslie's, that I got for the jury.
  Matthias Ferguson, sworn.
  I also was one of the constables who had charge of the jury.  I saw
the jury have newspapers.  My impression is that I think I got the
Iree Press for them one evening ;  I  know I did.  And at another time
I went for one, but did not succeed in getting one.   At  the time I suc-
ceeded in  getting the papers it was the second week of the trial. Can't
say Avhether it  was late or early  in the week.  I saw them pass  it
around among themselves, and read it myself.  I don't recollect  what
I read.  I did not read the evidence.  Not to my knowledge was there
an article in that paper commenting on the case.  They sent for the
papers on both occasions.  1 believe  so. I don't know that I saw them
read the Free Press or  Express at  any other time. I saw  the Free Press
there, but only saAV the Express there once.
Gross-examin ed.
  My impression is that I saw the Free Press more thau once there.
Can't say how often I saw it.   It was about the middle of the trial.
They were anxious to get the papers to pass away  the time and hear
about the  latest news.
  Mr. Scott—The defendant offers in evidence the  paper called Days'
Doings, dated Sept. 2, 1876, published in New York, and particularly
the article entitled "The Pennsylvania Parricide," on page 11.
  Also offers in evidence the files of the Easton Express and Easton
Daily Free Press from Aug. 16 to Aug. 29, 1876, inclusive.  Also files
of the New York Sun and the Philadelphia Times between the same
dates.
  Edward Breidinger, sworn.
  I am the landlord of the hotel where  the jury  lodged during the
progress of the trial of  Allen C. Laros. The jury occupied three rooms
on the second floor.  During that time I subscribed for the New York
Sun, the Philadelphia limes, the Harrisburg Chronicle, Easton Argus,
Easton Free Press (Daily), and Harper's  Weekly.  I saw the jury have
Harper's Weekly aud the constables  got the Philadelphia  Times and
the New York Sun.  I  did not  see  them passed around among the
jury.  Can't say how often I sawT the constables get the papers.   I did
not have the Daily Express at that time.   Did not see any paper on
the table except Harper's Weekly.
Cross-examined.
  I did not see the jury read the Sun or Times.  I only  know that the
constables got them.
  George Finley, sworn.
  I am a newspaper dealer and take large numbers of papers.  I take
and sell Frank Leslie's and Harper's  Weekly,  illustrated newspapers.
There is no other paper in which  this sketch of  the Laros trial ap-
peared except in Days' Doings.   I Avas asked Avhether it was in  any
other paper or in Frank Leslie's illustrated paper, and  I  looked.  I
don't knoAV that I looked  at more than one issue of Frank Leslie's
illustrated paper.  I did not see the entire edition of Frank Leslie's. 
220
I looked at Frank Leslie's paper the sameAveek when the Day*' Duinyy
containing that sketch appeared.

   The reasons for a dcav trial were elaborately argued by Messrs. Scott
and Kirkpatrick for the rule and Mr. Fox against it.  Ihe Court held
the matter under advisement.
                Saturday  Morning, October  21.

   Judge Meyers said :  In the case of Allen C. Laros, whose counsel
have moved for a new trial,  I will now read my opinion and give my
decision as to the same:
   Commonwealth vs. Allen C. Liros—Sur reasons for a new trial.
                     opinion  of the court.
   The defendant filed twenty reasons for a new trial.  The first reason
is, that the jury  empanelled  during the continuance of the trial were
permitted by the officers having them in charge  to read  newspapers
containing imperfect reports of the case aud  comments unfavorable to
the prisoner.
   As  this raised  a question of fact the defendant examined in open
Court several Avitnesses.  The substance of their testimony  is that John
II. Purdy, one of the officers, on one occasion procured two newspapers
and handed them to the jury.  One paper he describes as  Frank Les-
lie's paper and the other he  does not recollect.   Whether it was an
illustrated paper does not appear.  An illustrated paper called  Day.-'
Doings, dated September 2,  1876,  containing  a picture of the  court-
room scene of Laros' trial  was shoAvn to the witness  Purdy, who staU>
that the paper which he handed to the jury had  in it such a picture.
The  paper  called  Days'  Doings of the above date has sixteen pages
Avhen folded up and this picture is on one of the  outside  pages.  On
the eleventh page is an article entitled "The Pennsylvania Parricide,"
containing the following paragraph:  "The young  man who committed
an unparalleled  triple murder is about twenty-one years of age, bright,
and of pleasing address.   He finally acknowledged the deed and said
that he was actuated by a desire to possess his father's money, to use
in the prosecution of the study of laAV."   There is no evidence that the
jury  read the paper.  That on another occasion, during  the second
week of the trial, Matthias Ferguson, an officer, gave to the  jury a copy
of the Easton Daily Free Press, Avho, however, testifies that to the best
of his knowledge there was no article iu said paper commenting on the
trial.  From the testimony it appears that they occasionally saAV  other
papers in the hands of the jury, viz.: Harper's Weekly, Uncle  Sam,
and on one occasion the Easton  Express.   The defendant  gave in evi-
dence files  of the  Easton Express, Easton Free Press, Philadelphia
Times and  New York Sun, from August 16 to August 29, 1876.  If
any of these papers contain objectionable articles,  there is  no evidence
that the particular paper or  papers containing  said articles Avere in the
possession of the jury or read by them.   The only  matter that requires
notice is the foregoing article in  Days' Doings  of  September 2, 1876.
It transpired on the argument that this paper  is published by Frank
Leslie, who is also the publisher of Frank Leslie's illustrated paper. 
221
  It also appears by the testimony that Mr. Finley, a newspaper agent,
examined only one issue, and not all the issues of  the  last mentioned
paper, and that the said picture of the court-room  scene of the Laros
trial is not in that issue.  The Avitness Purdy positively testifies that
he handed to the jury the paper called Frank Leslie's.  As Mr. Leslie
is the publisher of both these illustrated papers it, nevertheless, is quite
clear that so far as the name of the illustrated papers is concerned, the
paper called Days' Doings was not handed to the jury by  Mr. Purdy.
On  the  other hand the evidence is not so clear and satisfactory but
that this same picture might have been published in one of  the  issues
of Frank Leslie's during the trial.
   In the  case of the  United States vs. Gilbert [2 Sumner, rep., 19],
while the reading of newspapers by the jury Avas  declared an irregu-
larity, it was in fact not condemned  by the Court.  The Court said
"that they had no doubt that the indulgence had a tendency to  tran-
quillize their minds and to keep them in a state of calmness and  free-
dom from anxiety, highly favorable and useful to the  prisoners  them-
selves."   In  that  case there  Avas no evidence that the jury saAV any-
thing in any newspaper relating to the trial,  and a neAv trial Avas re-
fused.
   In Farrer vs. The State [Wardens' Ohio  Rep., 57], the proof was
that the jury  had a paper containing a large part of the charge as de-
livered by the Judge, and made use of it for several hours during their
deliberations.  For this  reason a  new trial was granted, the Court,
hoAvever, saying "that the mere reading of  newspapers disconnected
with the trial Avould be little subject to animadversion on  a motion for
a nevv trial."
   In Hilliard on New Trials, 175, sec. 21, the author, in disctissing the
subject of papers (not newspapers) not in evidence, says that such paper,
"which either by design or accident  gets in  the possession of a  jury,
and which might influence them, and it is not read, it is the same thing
as if it had not been delivered to them."   "So,  Avhere a  paper  calcu-
lated to mislead the jury  and influence their finding was found in their
room  on  retiring  and read by them, held sufficient for a new trial."
[Walker vs. Hunter, 17 Geo., 304.]
   In Vance vs. Commonwealth, 2 Va. Cas.,  162, it was held in a case
of murder that a new trial should not be granted on account of an ar-
ticle in a neAvspaper, written by the President Judge, respecting another
crime imputed to the prisoner, and calling him an "unfeeling savage,"
there being no evidence that the jury had  read the newspaper.
   "If a newspaper contains a full and impartial report of the evidence
as given upon the trial, it is but a repetition of what they  have already
heard, and can therefore have no effect whatever upon them." [2 Gra-
ham on NeAV Trials, 484.]
   This reason contains a grave and  serious  charge  against  the jury.
Every presumption is in  their favor that they have not violated their
oaths.  The authorities are that such misconduct must be stated posi-
tively and specifically  (which was not done in this case) and must be
sustained by oath.   [Hilliard on New Trials, 202.]   The defendant is
required to satisfy the Court that in this case the particular paper con- 
222
taining the objectionable article was in the possession of the jury.  This
we think has not been proved  clearly and distinctly.  Moreover, the
authorities are quite uniform that it is the actual reading of the objec-
tionable article that legally constitutes the misconduct.  On this point
there is no evidence that the newspaper Avas in  fact ever  read, much
less the article in question.  The reading of said article is a fact, and
while it might be inferred from evidence of the  reading of the neAvspa-
per containing it, no rule of evidence would warrant the Court to infer
it  from the  mere  possession of the paper.  But, independent of that,
"the Court must clearly see that, if the misconduct is established, it
goes to the merits of the trial, or justly leads to the suspicion  of im-
proper influence or  effect on the conduct of the jury."   [2 Graham on
New Trials, 486.]
  The paragraph in this article refers to an alleged confession of the
prisoner.  This very confession, published in full in all the newspapers
in the county  and in pamphlets, as  part of the evidence before the
Coroner's jury,  had been read by many if not all the jurors empanelled
in this case, as stated by  them  when SAvorn on their voir  dire, against
many of whom  there Avas no challenge by  the defendant for principal
cause or to the  favor.  To say,  therefore,  assuming that some of the
jurors may have read the article, that a mere reference in said article
to said alleged confession in a paragraph of a half dozen lines, in view
of their previous knowledge of said alleged confession, entitles the de-
fendant to a new trial we are unable to comprehend.  The first reason
is therefore overruled.
  The second reason is  the refusal by the Court to grant a continu-
ance to the prisoner on account of the absence of Dr.  Ray, alleged to
be a material Avitness for him,  who had  been subpoenaed  and was ab-
sent by  reason of sickness.   At the  time of the application it was
stated in writing, the substance of which is that Dr. Ray was expected
to testify on the question of the sanity or insanity of the defendant as
a medical and scientific expert.  It appeared that Dr. Ray had not
seen the  defendant  up to the time of the application.  It also appeared
that at the time the Avitness Avas seen  by defendant's  counsel he Avas
just recovering from an attack of sickness, though that  fact was not
known to the counsel at the time; it nevertheless Avas the duty of the
defendant, inasmuch as the witness Avas only to be used as an expert,
not to have relied on  a  single witness.  It was not the  case of a wit-
ness Avho Avas expected to prove an  independent fact,  the knowledge
of Avhich may have been only iu the breast of one or feAV Avitnesses. If
Dr. Ray Avas the only medical and scientific expert on the question,
sanity or insanity, Avithin a reasonable  distance from this  place the
application might have had some weight.   For these reasons we re-
fused the application at the time, and for the same reason overrule the
second reas.m.
  The third and fourth reasons  are for alleged error by the Court in
refusing to quash the array and to quash the indictmeut.   These rea-
sons are overruled without comment.
  The fifth and sixth reasons are for alleged error by the Court in  re-
fusing to sustain the defendant's challenge for principal cause to Wil- 
223
 l,vnr^f  wn-' andT>in,refusing to sustain defendant's challenge to the
 overrun nntlf111 ^ch-man' called as a  Jur(,r-  The?e rea*>llg  ««
 overruled on the authority of O'Mara vs. Commonwealth.   [25 P. F.
  Vi  ' and ^,tauP vs- Commonwealth, 24 P. F. S., 458.]
 th*f\JT     r,?uS°n  is for alleSed error by the Court in permitting
 ,  /^T °Wealt,h t0ftand «^e jurors called  on the  special vu,ire
 ■^ tales de circumstanhbus, to wit;  Adam Meyers and Charles  Sheets.
 , :  if    me'UuS °fle act of'March 31,1860, relative  to criminal
 procedure [Brightly  885], "All Courts of criminal jurisdiction of this
 Commonwealth shall be and are hereby authorized and required when
 occasion  shall  render the same  necessary to order a tales de circum-
 «tantibns, either for the grand or petit jury,  and all talesmen shall be
 liable to the same challenge, fines and penalties as the principal  ju-
 TY  -, 7, , rpgu.Iar Pauel having been  exhausted, the Court by virtue
 of the 144th section of the act of April  14,1834 [Brightly, 836], made
 an order  for summoning and returning from the bystanders  or  county
 at large thirty-six competent and qualified persons" to fill up the jury.
 In pursuance of said order a special venire was issued and directed to
 the Sheriff of the county, who executed  the same and made return  ac-
 cordingly.  This course Avas sanctioned in the case of Brown vs. Com-
 monwealth [26 P. F. S., 319], where a  special venire was issued  for
 one  hundred talesmen,  and where it was held that the 144th  to the
 148th section, inclusive, of the last mentioned act was not  repealed by
 the 41st section  of the act of March 31, 1860.
   The 37th section of the last  mentioned act, which gives  the Com-
 monwealth the right to challenge peremptorily four persons, does not
 take away the common law right of  the Commonwealth  of standing
 aside jurors without immediately showing cause of challenge, and so
 held in Warren vs. Com.  [1 Wright, 54].  But it  is contended that
 the right  of the  Commonwealth in standing  aside jurors is limited to
 the regular panel and  does not extend to talesmen.  The right to call
 talesmen is not a mere statutory right, but exists at common  law [Ba-
 con, Abr., Jury C].    The right of the Commonwealth  of standing
 aside jurors is founded on the right of challenge  for principal came by
 the Commonwealth, and as the 41st section of the act  of  March 30,
 1860,  makes  talesmen liable to the same challenges as the  principal
 jurors, it Avould be a mockery of justice to limit a right Avhich is inci-
 dent to the right of challenge for principal cause to a portion  of the
jurors called and not to the remainder.
  In the case of Com. vs. Joliffe [7 Watts, 58],  where it is held that
 the CommonAvealth, though precluded by the act of 1834  from chal-
 lenging peremptorily, Gibson, C. J., says "that the CommonAvealth is
 not bound to assign cause of challenge before the panel  has  been ex-
 hausted."   He states, as one of the reasons of the rule, "that the juror
 may be notoriously bound  to the prisoner by the most absolute ties of
 feeling; he may even be notoriously confederated with  him  in  guilt,
 and yet there may be no specific proof of it to ground  a challenge  to
 the fiivor.  Except to  add the prisoner himself to the  panel, I  know
 of no other effectual Avay to screen guilt  from punishment than to give
 the prisoner the  choice of the panel."  Why these observations  do not 
224
with equal force apply to talesmen we cannot comprehend, and in the
absence ot an express statutory prohibition the Commonwealth ought
not to be deprived of this right, the exercise of Avhich can Avork no  in-
justice to  the defendant.   It is contended that this  Avould effectually
give to the Commonwealth more than four  peremptory  challenges in
the event  that the panel as talesmen was not exhausted  by  the  chal-
lenge.   But this result might also happen in a panel of principal ju-
rors.  We are clear that there was no error in  this, and therefore the
seventh reason is overruled.
  The eighth reason is for alleged error by the Court in sustaining the
Commonwealth challenge for principal cause to  George  Sandt, called
as a juror, and  who was a distaut  relative  of  the  mother  of the pri-
soner.   The evidence before the Court disclosed  the  fact that the  juror
was second cousin of the prisoner.  This Avas clearly good  ground  for
challenge for principal cause, as he fell within the  degree of kin  by
blood to the prisoner, Avhich excluded him by law to serve as  a  juror
on  his case.  [17 S. & R., 156;  3 Blackstone, 362;  3 Wh.  Cr.  Law,
sec. 3112.]  The reason is therefore overruled.
   The ninth reason alleges that the District Attorney, in his opening
to the jury, stated the precise words of an  alleged  confession by  the
prisoner Avhich was not admitted in evidence, and to which  objection
was taken at the time it was stated and the notice of the Court called
thereto.
   Is the prisoner entitled to a neAV trial for this reason ?  It is so con-
tended, and the right is sought to be supported upon the authority of
Wharton  in his  Avork  on  Criminal LaAV.  In sec. 3008 it is stated
"that, while the prosecuting attorney must open declarations as well as
facts, it is indecorous for him to open confessions,  evidence which is
for the Court first to weigh  before it is admitted,  and which  only in
strong cases can be made the basis of conviction.  If he violates  these
rules the  Court may order a juror to be Avithdrawn, or in case of con-
viction a  new trial shall be granted."   The cases referred to by the
author are Rex vs. Deering, 5 C. &. P., 165 ; Rex vs. Hartil,  7  C. &
P., 773, and Rex vs. Davis, ibid,  785.  The case of Rex vs. Deering
is no authority on this point.  In that case upon  objection  made by
the counsel for the defendant  against  the  prosecuting  officer in  his
opening proceeding to state a conversation of the prisoner and a wit-
ness, on the ground that many circumstances might arise in  the pro-
gress of the case  rendering  the  conversation inadmissible.   Garrow,
B., iu reply said :  "If the counsel  for the prosecution think fit to open
to the evidence I cannot control him."  In  a note  to that case it is
stated that in  another  case a similar objection Avas made, and a like
decision by Alderson, J., but that in Rex vs. SAvatkins, vol. 4,458, tAvo
other justices Avere of the opinion that the  correct practice  Avas only
to  state the general effect of the conversation.  In Rex vs. Hartil the
prosecuting officer said :  "I iioav come to a most important part  of my
case, the  declarations of the prisoner, but I think it  better to leave you
to hear them from the Avitnesses ;" to Avhich Parker, B.,said : "I think
you should state Avhat the declarations are in opening the case, as any
discrepancy between your opening and your witness' testimony  might 
225
?!waAei?lVOrably for the Prisoner in the hands of the jurv," stating
that Aldersoii and  himself had ruled the point in the same way in Rex
vs. Urrell.  In Rex vs. Davis it was objected that  it  was unusual to
open conversations, to which Parker, B., replied : "Where it is a con-
fession I agree with your objection."  Section 3011 (a), of Wh.  C. L.
is also referred to,  and the only authority there cited  bearing on the
question is Com.  vs. Hanlon, 3 Brews., 496.   Hanlon was indicted for
murder.   One of the reasons for a new trial in that case was, that the
District Attorney in his opening the case of  the Commonwealth and
the District Attorney  in concluding it stated to the jury, in prejudice
of the prisoner's  case,  "that he, the prisoner, was then a convict  on a
charge similar to the one on trial."   While  Ludlow, J., was of the
opinion that such a statement as a fact was not made, yet on this point
says : "If the District Attorney had formally offered  in  evidence the
record of Hanlon's former conviction and thus  expressed  to  the jury
the true state of  the facts, would any tribunal (much  as it might desire
the offer to be made in writing) for this reason alone  either  discharge
the jury and thus release a prisoner charged with  murder, or after
weeks spent in the investigation of the case annul the verdict and re-
try the prisoner ?  Such  a case cannot  be  found in  the books, and
upon the reason  of the thing cannot be sustained."  No case has been
referred to where a new trial was granted on  these grounds.   The very
authorities referred to in Wharton confine the rule  (if a sound one)
to cases where objection is made at the time.  In this case  it is true
objection wTas made after the statement was made by the District At-
torney, but it transpired at the trial before it  reached  that stage of the
District Attorney's opening that the defendant  and  his  counsel  knew
that this very alleged confession, in all its details, was used at the Cor-
oner's inquest,   that  it  was published in  many papers and by that
means, as well as in pamphlets, was circulated far and wide ; that the
general statement made by the District Attorney immediately preced-
ing the objectionable words imputed to  the prisoner, viz.:  "1" did it,"
clearly indicated that he might  state them  to  the  jury.   It seems,
therefore, upon the authority of the English cases relied on,  that then
was the time that the  objection should  have been made.   Be that as it
may ;  Avhatever  force the principle  may have that should  move the
Court to increase the extraordinary power of withdrawing a juror or
grant a new trial,  it is clear that it ought not  to be applied to this
case.  The reason  of the rule (if a  sound one) is that the jury should
have no knowledge of the details of an alleged  confession by the pri-
soner, as its admissibility must first be passed upon by the Court.  In
this case the fact is that nearly all,  if not all, the jurors empanelled in
this case, Avhen SAvorn on their voir dire, had read this very alleged
confession in  the newspapers or pamphlets, as stated in all its details
before the Coroner's inquest.   While many of the jurors called were
challenged by the  defendant for principal cause, to the favor and per-
emptorily, others were sworn without  challenging,  though  they had
read this very alleged confession.  Without  seriously questioning the
soundness of the rule in exceptional cases, we are  most  decidedly of
the opinion that it is not applicable to the statement made by the Dis- 
226
trict Attorney under the particular  circumstances  of the case.   The
ninth reason is therefore overruled.
  The tenth reason refers to the manner of  the  appointment of E. J.
Fox, Esq., by the Court to assist the  District Attorney, is overruled
without comment.
  The eleventh and twelfth reasons is for alleged  eriors by the Court in
permitting the Commonwealth to ask tAvo certain  questions of Dr. J.
M. Junkin, viz :
  1. Were the symptoms alike in all  those avIio Avere suffering?
  2. From the symptoms of  Martin  Laros and your  observation of
those who Avere seized with illness at the same house with him,  what
in your opinion was the cause of his death ?
  These reasons are overruled without comment.
  The thirteenth reason  is for alleged error by the Court in permitting
the  Commonwealth to give in evidence the result of the chemical ex-
amination of the coffee pot, packages and  vessels  Avithout sufficient
identification or proof of custody and  whereabouts of said coffee pot,
packages and vessels.  This reason  is overruled without comment.
  The fourteenth reason is for alleged error by the Court in permitting
Dr. Traill Green, on the part of the Commonwealth, to give his opin-
ion  as to the learning, skill and  qualifications of Dr. Mclntire and D.
D. Davidson to make a  chemical analysis.
  The questions propounded to Dr.  Green  and  referred to in the fore-
going reason are as folloAvs :
  Q. Is Dr. Mclntire to your knowledge  learned in  the science of
chemistry and qualified to make an analysis of quantity and quality ?
  The question Avas objected to on three grounds.
  1. Because it calls for an opinion or statement of the witness  as to
the  claims of another witness  to  credibility.
  2. That it calls for an opinion from a Avitness which  is not properly
of an expert, but Avhich belongs to the jury.
  3. Incompetent and irrelevant.
  To which the Avitness answered :  "Highly competent by education
and  practice for several years.   I heard the testimony of Dr.  Mcln-
tire in court in this case and saw the results of  his analysis which he
produced.  I think  that the methods Avhich he used to ascertain the
presence of arsenic in other substances were correct."
  Q. Were the tests which he stated that  he had adopted to prove the
correctness of the result of his experiments correct tests ?
  Objected to as incompetent and irrelevant
  A. They were.  There are some substances which produce the same
result as arsenic.   Where the secondary tests are applied to  them to
verify the presence of arsenic  they must  infallibly demonstrate the
presence of arsenic if it  is there.  I heard  the testimony of D. D. Da-
vidson.   I saw the results of his experiments.
  Q. State whether or not the methods which he stated that he had
adopted to ascertain the existence of  arsenic and  the  tests  which he
stated he applied are scientifically correct?
  Objected to as incompetent and irrelevant.
  A. Scientific and correct. 
227
  All these objections were overruled aud the witness allowed to answer
tne questions.  The alleged error of the Court iu the fourteenth reason
reaffy applies only to the first question, but the other questions are
grouped with it so as to understand clearly the force and effect of the
first question.
  The Court has been referred to section 277  (a), 1 Wharton & Stille,
Med. Jur., on this point.   The author says that "After a  witness has
been admitted to testify as an expert evidence cannot be given to the
jury of the opinion of other experts in  the  same science as to whether
  if- T<i?eSu  WSS  (lua^^ed t0 draw correct conclusions in the science in
which he had been examined, though such testimony might have been
properly offered to the Court to show the  competency of  the witness
before he was admitted to testify."   [Citing Tullis & Kidd,  12 Ala.,
o48.]  Whatever force this authority may have  it  is  not strictly ap-
plicable  to the  question  to  Dr. Green*respecting D. D. Davidson.
Does it apply to the question  respecting Dr.  Mclntire ?  Dr. Mcln-
tire Avas called as an expert, not, however, to give an opinion or to draw
conclusions on some scientific subject, either upon facts within his OAvn
knowledge or hypothetically stated to him, but to state actual facts, to
wit: The method which he adopted and the chemical tests he applied
to certain substances to ascertain the presence of a mineral poison and
what he found.  His testimony was not a theoretical  opinion or con-
clusion, but a demonstration.   There is no doubt that it was  perfectly
competent for the Commonwealth to ascertain from  the witness  him-
self such facts as a basis of his competency to  testify  as an expert.
This Avas done, but is the Commonwealth,  after  the  Avitness has  testi-
fied, not to question a chemist of forty  years' experience, whether from
his  actual  knowledge  and  observation  the  Avitness understands the
principles of chemistry and knows  Iioav to  apply them?  The Avitness
who testifies as an expert is assailable on two  grounds, incompetency
and untruthfulness. He might  be most profoundly learned and skilled
in the mysteries of a laboratory, yet a wilful and corrupt perjurer; or
he might be the veriest ignoramus and yet a paragon of truth and vir-
tue.   It is  said that it is for the jury  to  say  Avhether  the  Avitness is
learned and skilled in the science of chemistry and qualified  to  make
an analysis of quantity aud  quality.   While  the Court  must deter-
mine the question of the admissibility of the witness as an  expert in
ihe first instance there is no doubt that the jury must  ultimately de-
termine for themselves the question of fact of  the qualifications of the
witness as an  expert.   If so, it is  a fact and  can only be determined
upon evidence.   What was there to prevent the defendant to call wit-
nesses to shoAV that Dr. Mclntire Avas utterly incompetent to make the
analysis?   If he did Avould not the Commonwealth  have a  right  to
rebut it ?  If so why should not the CommonAvealth have the right to
show that in the first instance ?  Is the witness  himself to be consti-
tuted judge of his competency  and  fitness? And in  the event that
the defendant should call no witnesses to open the  door of  the Com-
monwealth  to  introduce  rebutting testimony,  is  his sole testimony,
after an ingenious cross-examination, to be the basis on Avhich the jury
'ire to determine the fact of his learning, skill and ability to make a 
228
chemical analysis of quality and quantity?  The rule that should ex-
clude the opinion of one expert as to the qualifications of another ex-
pert to form a correct opinion  or draAv a sound  conclusion on an ab-
stract scientific question is no doubt correct, but to apply it to a ques-
tion under consideration would operate to shut out all light and knowl-
edge from the jury.  That  the question and answer done the prisoner
any injury cannot for a moment be  apprehended.  The  ability  and
capacity of Dr. Mclntire Avas not questioned by any witness  called by
the defendant, in fact he did not call any.  To say that the jury might
have had  no faith iu him  without his oavu evidence being supple-
mented by the opinion of Dr. Green only shows the danger of apply-
ing the rule to a case of  this  kind.  We are clear that this reason
should be overruled.
  The fifteenth reason is for alleged error by the Court in permitting
Dr.  Voorhies to  testify to an admission made by the prisoner under
oath before the Coroner while  under suspicion,  and the  examination
being conducted  with direct reference to establish the guilt of the  Avit-
ness.   To fully understand the circumstances under which the Court
allowed the Avitness to testify to said admission or declaration it  will
be necessary  to state that at the Coroner's inquest the  defendant  was
examined as a witness, and in  ansAver to a question stated that during
that Aveek he had purchased a bottle of tooth powder at a drug store
in the borough of Easton, on North Third street, nearly opposite the
United States Hotel and above Jacob Sandt's.  This statement led to
the discovery of a bottle of Brown's  camphorated  dentifrice in the
house of Martin  Laros, the deceased, where the prisoner then lived.
Dr. Voorhies' drug store   is at the place designated by the prisoner,
and upon the bottle being shoAvn to him identified  it  as precisely of
the same character  and description which, either on Monday or Tues-
day, or probably Wednesday afternoon of the same week, he had sold
to a person who  at the same time purchased four and a half  ounces of
Avhite arsenic.
   Whatever  rule of law may have excluded the rest of the statement
made  by the defendant,   under oath, before  the  Coroner's inquest,
while under suspicion, does not apply to this statement, which led to
the discovery of the bottle. The rule in such cases being that so much
of any statement made eithe'r under  oath  or by reason of threats or
promises from one in authority, as relates strictly to the fact discovered
by it, may be given in evidence for the reason for  rejecting  evidence
of this character generally, is because it is not voluntary, and  the ap-
prehension that the party would say that Avhich is false ; but the  fact
discovered shows that so much of the admission as immediately relates
to it is true.   [Rex vs. Butcher, 1 Leach, 265 ; Warickshall's case, 2
East P. C, 628, note ; Rex vs. Gould, 9 C. &  P, 364;  Hudson vs.
State,  9 Yerger, 408 ; 1  Greenleaf Ev., sec.  231.]   This reason is.
therefore, overruled.
   The  sixteenth  reason is for  alleged error by the  Court in admitting
the coffee pot, pocketbook and the bottle of Browu's camphorated den-
tifrice in evidence without  sufficient  identification, and is  overruled
Avithout comment. 
229
  The seventeenth reason is for alleged error by the Court in refusing
the defendant to prove by Clinton J. Laros that Eugene, the brother
ot the prisoner, up to his death was quiet,  uncommunicative and  re-
tiring, and that he died by hanging himself without apparent  motive
or cause.   This reason is overruled!
  The eighteenth reason is for alleged error by the Court in refusing to
Pp\t Xt  «  defeudaut t0 Prove by William A.  Horn that the daughter
ot Mrs.  Berry, who is a granddaughter of Robert Levers, who was the
uncle of the mother of the deceased, was and is insane, and  has been
for  years.  The maiden name  of  the  mother of the defendant was
Levers,  and the relationship by blood of  the  person  alleged to have
been  insane  to the prisoner was collateral and in the fourth degree.
In this  case no evidence was given of insanity in any  of the maternal
ancestors of the defendant, hoAvever remote, and  in the absence of such
evidence it is sought to introduce evidence of such insanity in a collat-
eral line.   Of the relavency of evidence of hereditary  taint, as corrob-
orative  proof of direct  evidence, there can be no question.  [Smith  vs.
Cramer, 1  Am.  L.  Reg., 353.]  Andrews' case,  decided in Mass. in
1868, referred to in Wh.  & St. Med.  Jur., sec. 375, is cited as  au-
thority. There the  Court admitted evidence of the insanity of  the
collateral issue of the common ancestor of the  defendant three genera-
tions back.  In Baker vs. Abbott, 7 Gray, 81, the insanity  of uncles
was allowed  to  be shoAvn.  In this  case Judge Thomas says "That
among  the first questions which  would be put would be whether  the
parents  were or had been insane.  With  the  fact that  the  father or
mother  had been insane, that the insanity had appeared in  them at
about the same age and in the same form, its existence in the child is
more probable and  believed on less perfect evidence."
  In People vs. Garbult, 17 Mich., 9, it was  held "that  evidence of
mental  unsoundness on  the  part of a brother  or sister of the person
whose competency is in question is admissible."
  In Smith vs. Kramer, already cited, the admissibility of hereditary
insanity Avas strongly  resisted  aud admitted as corroborative proof
only.   The case shoAVS that while evidence of insanity among collat-
erals was admitted, there Avas also evidence "that the  father of  the
testator Avas insane towards the close of his life ; that one of two un-
cles on  the father's side was insane and the other imbecile; that  his
two aunts on the same sidi aud their children  were iusane ; that a son
of one of them was in  the mad house, and  that the brother of the tes-
tator Avas mentally  disqualified before his death."  I have not the full
report of AndreAys' case, and Ave have no knowledge Avhether the evi-
dence of insanity was confined to collateral issue.  We  can Avell un-
derstand hoAv insanity in the ancestor,  however  remote,  and even in
uncles,  aunts, brothers and sisters, would be evidence, but why insanity
in one who is of kin collaterally in the fourth  degree should be proof
at all in the absence of evidence of insanity in the common ancestor,
however remote.   In the first place the jury would have to presume
that the insanity of Mrs. Berry's daughter had its origin through the
bloodof Levers, though it had been intermingled  with  the blood of
others by three successive marriages from George Levers in the  de- 
230
scending line.   To what uncertainty such a principle must necessarily
lead can best be illustrated upon the supposition that if one of kin col-
laterally in the fourth degree to Mrs. Berry's  daughter  and of the
blood of Berry should allege insanity, and  though such person was
not of the blood of Levers, he could for the same  reason  give in evi-
dence the same fact as corroborative evidence of his insanity through
the blood of the Berrys.   It seems, therefore, that such evidence, in-
stead  of proving anything, has no other efficacy than to beAvilder and
mislead.  If you can give evidence of this kind then there is no limit
at all in that direction   We are therefore not inclined to adopt the
rule in  Andrews' case,  if it goes as far as claimed by the defendant,
as the law in Pennsylvania.   The reason is, therefore, overruled.
  The nineteenth reason is for alleged error by the Court in permitting
the District Attorney and the private counsel to arrange the order of
speaking, and in permitting Mr. Fox to close for  the Commonwealth
as  the  record  of  the  appointment stands.  This reason is overruled
without comment.
  The  twentieth  reason  is  for alleged  error by the Court in their
answers to a number of points submitted by the defendant.
  The substance and legal effect of the second point  is that as there
was a chemical analysis only of the intestines and stomach of Martin
Laros, and not of the vomit or ejected matter, or of any other part of
the body of the deceased, there was not sufficient evidence in the case
to satisfy the jury to a moral certainty that the death of Martin  Laros
was caused by arsenious acid, because the quantity of poison actually
discovered in the intestines and stomach was insufficient to cause death.
To have affirmed this point would in effect have taken the case from the
jury.  In other words, though the jury were satisfied to a moral certainty,
beyond  all reasonable doubt, that four and a  half ounces of arsenious
acid had been placed in the coffee pot by the prisoner; that Martin
Laros and the rest of the family except the prisoner had drank of the
coffee;  that all got sick and  three of them  died within  forty-eight
hours, yet that this evidence  in connection  with the discovery of a
small quantity of arsenious acid in the body of Martin Laros was- not
sufficient to establish the guilt of the defendant, because the analysis
Avas limited to a portion of the  body of the deceased.  This  the  Court
could not say to the jury, ye! to have affirmed the point would in legal
effect have been the same.   For this reason there was no error  in  re-
fusing to affirm the second point.
   The third point assumes as  a fact that the Commonwealth's case Avas
one of  circumstantial  testimony.   The  propositions of fact for the
Commonwealth to establish and prove Avere the death of Martin Laros,
his death by arsenious acid, and the criminal agency of the defendant.
The first was established by direct evidence,  and  the testimony bear-
ing on the two other propositions was both direct and circumstantial.
The assumption of this fact, that all the evidence on  the part  of  the
CommonAvealth Avas circumstantial Avas sufficient reason  in itself why
this point should not be affirmed.   Whether the evidence Avas either
direct or circumstantial, or both, Avould probably not vary the legal
proposition in the point and probably was not so intended.   Theprin- 
231
cipal reasons why the point was not affirmed were, first, the supposi-
tion that the defendant intended  by this point in a more general  way
to  express  the  same proposition contained in the second point; and
secondly, the use of the words "moral certainty," without the qualify-
ing words as expressed by Parke, B , in Rex vs. Sterne, Best on  Ev..
sec. 90, 3 Greenleaf Ey., 29,  viz.: "Such a moral certainty as convinces
 i   ,m,  s  OI\the tribunal  as  reasonable men beyond'all reasonable
doubt.    As this form of expression does, hoAvever, not vary  the mean-
ing and effect of said  words standing alone, the Court were in error in
this respect as well as the purpose of the  point.   These points were,
however, answered before the general charge was delh'ered to the jury,
in which we expressly stated that before they could  convict  the d'e-
fendant the Commonwealth must establish and prove beyond all rea-
sonable doubt that Martin Laros was dead ; that the sole and  imme-
diate cause of the death of Martin Laros was arsenious acid, and  that
the defendant was the criminal agent.  We further  charged the  jury
that where the CommonAvealth sought to establish the  existence  of a
fact by circumstantial evidence it Avas required to prove each separate
and distinct  fact  that  goes to make up  the chain  of evidence
beyond a reasonable doubt.  If in this respect the Court inadvertently
erred  in  their  answer to the third point the error Avas fully, clearly
and distinctly corrected in the general charge.
   The fifth, sixth, seventh and eighth  points present for our consider-
ation the questions whether certain conditions or facts, if found by th?
jury, as therein alleged, the verdict must be for murder of the  second
degree. There is no doubt that under our statute, if a person is charged
with  murder,  though perpetrated by means of poison, the Common-
wealth are nevertheless required  to prove that the killing was  wilful,
deliberate  and premeditated ; and if the jury should find such  person
guilty of murder they must determine Avhether  it be  murder  of the
first or second  degree.  [Rhodes vs. Cora., 12 Wr„ 386; Lane vs.
Com., 9 P. F. S., 371.]   The defence in this case was insanity.  The
substance of the legal proposition in  the fifth point is that if upon the
whole evidence in the case on the question of insanity the jury are not
satisfied beyond a reasonable doubt that the mind of  the prisoner at
the time of the act was so free from mental disease as to allow him to
deliberately premeditate the  death of  the  deceased  the verdict must
be guilty of murder of the second degree.  In other words,  if the de-
fendant failed by the  preponderance of the evidence to prove that he
was insane, so as not  to entitle him to a verdict  of  not guilty on the
ground of  insanity, his mental condition as stated in the point would
reduce the offence from murder of the first degree  to  murder  of the
second degree.  Murder of the first degree under the statute is Avhere
a felonious and malicious homicide has been committed with a specific
intent to take life.   Murder of the second degree is where a  felonious
and malicious homicide has been committed, but without a specific in-
tent to take  life.   In Keenan vs. Com , 8 Wr., 55, the  Supreme Court
savs "That the true criterion of the first degree in murder  is  the in-
tent to take life.   The deliberation and premeditation  required by the
statute are not  upon  the  intent to  take life, but upon the killing." 
232
The point made by the defendant is someAvhat obscure, as it is difficult
to say whether the words "to allow  him to deliberately premeditate
the death of the deceased" have reference to the specific intent to take
life or to the killing.  It  would  seem  that  they refer to the killing,
judging from the character of the sixth and seventh points, where  the
failure to prove a specific intent to take life is alleged to justify a ver-
dict only of murder of the second degree.   This point is sought  to he
sustained  by  analogy Avith the case of a felonious and malicious homi-
cide by  a person in a state of intoxication.  In Keenan vs. Com.  the
Supreme Court says "That the degree of intoxication that will palliate
the  offence of  murder must be so great as to render him unable to
form a wilful, deliberate aud premeditated design to kill, or incapable
of judging of his acts and their legitimate consequences."  In  Com.
vs. Haggerty, Lewis Cr. L,  404, LeAvis, P.  J.,  says:  "But there is a
species of madness produced  by the  immoderate influence  of intoxi-
cating liquors.   It  is a rule of  the common  law that madness occa-
sioned by voluntary intoxication is no excuse for crime committed
during its existence and while under its influence.  If the jury believe
that the person committed the act in a fit ot insanity produced by vol-
untary intoxication and Avhile under the immediate influence of spir-
ituous liquor, he is nevertheless  guilty  of murder.  The  voluntary
conversion of  himself into a demon was an unlawful act, for all  the
immediate consequences of which  the law holds him accountable; and,
though there was no in tent to kill, the law, by construction, holds him
guilty of malicious aforethought; but the benevolent provisions of the
act of 1794 (re-enacted in  1860),  in dividing this crime  into degr .<,
have thrown  this offence, when thus  characterized, within  the defini-
tion of murder of the second degree."
   Now this very madness or insanity in a person, caused  while under
the influence of voluntary intoxication, and which renders him unable
to form  a wilful, deliberate and premeditated  design to kill, or  inca-
pable of judging of his acts  and their legitimate consequences; if it
existed in a person, and produced by causes other than that of volun-
tary intoxication, would entitle the latter to an acquittal on the ground
of insanity, Avhile the former Avould nevertheless be guilty  of murder
of the second degree.  The proposition is therefore not sound in a case
of felonious and malicious homicide where the defence is insanity,  not
by reason of  intoxication,  and  the defendant fails to establish that
fact, that the offence is reduced to murder  of the second  degree bv
reason of a state or condition of mind short of  actual  insanity.   The
sixth and seventh points were affirmed and as the eighth  is substan-
tially the same as the fifth the observations made to  it equally  apply
to this one.   There are other reasons on the face of it Avhy the  point
could not be affirmed.
  The fourth, ninth, eleventh and twelfth points relate to the defence
of insanity.
  The first proposition of the fourth point Avas affirmed, and so in effect
Avas  the  second proposition in  said point, and expressly so in  our
general charge to the jury.  The  latter was in reference to  that kind
of insanity which, in cases of murder, is termed  homicidal mania,  the 
233
existence of which  the Court  admitted, but expressly stated  in  our
charge  and  answer  that  there was no evidence in this case that  the
defendant Avas ever subject to homicidal mania, or that in consequence
  WV/1    nc¥al mania he committed the act.
   While the first part of the ninth point was correct, and so charged
the jury in our general charge, as to the three distinctive tests of in-
sanity that relieves a person  from criminal responsibility; but inas-
much as the latter part of  said point asserts the existence of a  species
of insanity commonly termed "moral insanity," the point could not be
affirmed, as that kind  of insanity is not recognized by the laAV  of  this
State.   Homicidal mania  is sometimes called moral insanity, but that
species of mania Avas evidently not intended by the point.
   The eleventh point Avas moulded after a paragraph in  the opinion of
Gibson, C. J., in the case of Com  vs. Mosler, 4 Barr, 257. The  learned
Judge, after discussing the subject of general and partial insanity, thus
summarily states the law : "The law is, that whether  the  insanity be
general  or partial  the degree of it must be so great as to have  con-
trolled the will  of its subject and  to have taken from him the freedom
of moral action." The general  insanity of which Gibson, C. J., speaks
of and so defined by him in the  same opinion is, "Where a man is mad
on all subjects and then, though he may have a glimmering of reason,
he is not a responsible agent.  But if  it be not so great in its extent
or degree as to blind him to the nature and consequence of his moral
duty it is no defence to an accusation of crime.   It must be so great
as to entirely destroy his perceptions of right and wrong, and it is not
until that perception is thus destroyed that he ceases to be responsible.
It must amount to delusion or hallucination, controlling his will  and
making the commission  of the act in his apprehension a duty of over-
ruling necessity.  Partial  insanity is confined to a particular  subject,
the man being sane  on every  other.  In that species of  madness  it  is
plain that he is a responsible agent if  he Avere not instigated by his
madness to perpetrate the  act."
   In this point  the words  "mental derangement,  whether general or
partial," are substituted for the Avords  "insanity, general or partial.''
The legal proposition  in the  point is predicated  on simple mental de-
rangement, general or partial, no Avhere defined and affording no guide
to the jury avhat particular state or conditions  of general  or partial
mental derangement  Avould control the Avill and take aAvay the freedom
of moral action.  The legal proposition laid down by Gibson, C. J., is
not only predicated  on actual insanity, but of the very elements which
constitutes such insanity as defined by him, as a guide board  to point
the way for the jury.  As the tAvelfth poiut is substantially the same
as the eleventh, for the  consideration above stated  these  two points
could not be affirmed.
   Many of the legal propositions in the several points on the question
of insanity have little  or no application to this case.  The case of the
Commonwealth is that either one or two days before the 31st of May,
1876,  the defendant  purchased  four  and a half ounces of arsenious
acid.'and on the evening of the  31st put it in the coffee  pot, of which
coffee Martin  Laros  drank and died.  There is no  pretence that the 
234
defendant Avas totally insane, or that he was a lunatic with  lucid in-
tervals, or that he was subject to delusions or homicidal  mania.  The
allegation Avas that the defendant Avas subject to fits  of epilepsy siuce
1872, occurring only at long intervals in the early stages.  During all
this  time the defendant  folloAved the  various avocations of his life,
teaching  school during the last three years, up to and on the  very  day
that the alleged offence was committed.   The question of his insanity
prior to  that day had never been discussed by the family, relatives,
neighbors aud acquaintances.  The particular form  of insanity con-
tended for Avas the disturbed condition of  his mind before  and after
such fits.  The case, therefore, presented  no features of mania, delu-
sion, or killing by sudden and irresistible impulse.
   For these considerations the rule for a new trial is discharged and a
new trial refused.
   By the Court.                 O. H.  Meyers, President Judge.
   October 21, A. D. 1876.

   Mr. Scott, for the defendant, arose and said : "If the Court please, it
is not quite certain uuder the practice of our Courts, since the  passage
of the act of 1870, Avhether in a clear case we are not entitled  to have
a review by the Supreme Court of the  evidence presented  upon the
question  for a new trial.  Such also seems to be the practice in several
of the other States.   In order,  therefore, that we  may preserve our
right we ask Your Honor to give us the benefit of an exception, to use
hereafter if we see proper upon a fuller examination of the law."
   Judge Meyers—I will note the exception.
   District Attorney Merrill then said :   "May it please Your Honors,
as the officer of the Commonwealth, whose solemn duty it becomes, I
now move that/the judgment of the law be pronounced upon Alleu  C.
Laros.   Whilst 1 feel the natural  regret which I knoAV is shared by us
all that one so young and to whom the world opened Avith so much  of
promise  should meet so untimely  a fate, yet his  was a  crime which
outraged every sense of human justice, and the inexorable laAV  of jus-
tice demands that the sentence of the law must be executed  upon him
if the dearest and happiest associations of life shall  be  preserved and
protected, if the terror of the law shall restrain evil-doers and add a
sanctity  to the safeguards which are thrown around human life.   In
thus moving for judgment I can but add my tribute of praise  and ad-
miration for the zeal and devotion Avith  Avhich my learned friends and
brethren of the bar, Messrs. Scott and Kirkpatrick, have presented in
behalf of this most unfortunate man, every shield and protection  of-
fered him by the humanity of the law.   The patient care with Avhich
 Your Honors have listened to the evidence adduced on the trial and
the exhaustive examination of the intricacies of the law involved have
illustrated and made  manifest that judicial  fairness  and  tenderness
which happily adorns  our bench.  He has had an impartial trial.   It
 remains  only now to pronounce the sentence of the law.  May Infinite
 Wisdom extend that mercy Avhich human law cannot give."
   Judge Meyers called the prisoner before him and said:
   "What is  your name?" 
235
  Prisoner—Allen C. Laros.
  d'idgeMn/crs--Atten C. Laros, vou have been indicted for the mur-
' er ot .Martin  Laros and bv  a  jury of your countrvmeu convicted of
muiaer of the first degree, for which the judgment of the law is death.
vAhat have you to say why  the judgment  of the  law  shall not be
passed upon you?
  Mr. Scott [interrupting] read  the following plea in bar of  sentence :
  In the Court of Oyer  and  Terminer of Northampton Comity.
Commonwealth  of Pennsylvania )
                vs-                > Sur judgment for murder.
         Allen C. Laros.          )
                    Plea in bar of sentence.
  And now, the 21st clay of October, A. D. 1876, the defendant being
present in court, and being noAV asked here what he hath  to  say for
himself why the Court should not proceed to aAvard execution  upon
his conviction for murder in the first degree, he by his counsel, W. S.
Kirkpatrick  and  Henry W. Scott, for  plea in bar to the sentence of
the Court saith, that since the commission of the offence for  Avhich the
defendant Avas indicted, and  since his conviction  for said offence, he
has become insane, and is now insane, and this he  is ready to verify
and  prove,  and  of this  the said defendant puts himself upon the
country.
                                         Henry W. Scott,
                                         W. S. Kirkpatrick,
                                   Attorneys for Allen C. Laros.
Northampton county, ss.
  Noav, this 21st day  of October, 1876, Plenry W. Scott, of counsel for
defendant, being duly SAvorn, deposeth and saith  that the facts alleged
in the above plea in bar to the sentence  of the Court  are true as he
verily believes, and that said plea is not interposed solely for the  pur-
pose of delay                                 Henry W. Scott.
  Sworn and described before me October 21, 1876.
                                           A. J. Snyder, Clerk.

  Mr. Merrill—I am  not now prepared  to say whether  the  Common-
wealth will reply or demur.  This is a novel question and unless Your
Honor is well satisfied that the plea of the defendant cannot be enter-
tained  it Avould probably be  better to defer the sentencing of  the pri-
soner for a few days.
  The Court—We  will entertain the plea and will not at this  time
M.-ntcnce the prisoner.

                   Monday,  October 30, 1876.

  Nine o'clock A. M.
  Judge Mei/ers asked the counsel for the Commonwealth if they  had
anything to say regarding the plea in bar of sentence recently filed by
the  defendant's counsel.               .....
  Mr. Fox said that the matter  Avas entirely AVithin discretion of the
Court,  and that he w ;uld not reply or demur unless the Court desired 
236
it  or were  in  doubt;  it was not a matter for the counsel to decide.
They have no power to act only upon  the  suggestions of the  Court.
"If," said  Mr. Fox,  "a prisoner commits a crime and then becomes in-
sane he should not be  tried ;  if after conviction he becomes insane he
should not be sentenced, and after sentence if he becomes insane there
should be no execution until he would again become sane."  Mr.  Fox
spoke for some time in reference to the plea, and said they would leave
the matter to the disposition of the Court, and  that they had no  feel-
ing or Avishes in the matter.
  Messrs. Scott and Kirkpatrick, counsel  for the prisoner, both replied,
contending that they alleged a matter of fact, and had put themselves
upon the country and  were entitled to an answer in which the counsel
for the CommonAvealth must either join issue or demur.   We are en-
titled to a replication or a demurrer.
  Judge Meyers said  that the defeudant had  been called up for sen-
tence a week ago Saturday last and that the plea in bar alleged  that
the prisoner was insane at that time.  Noav, should a jury, it  called,
determine whether he  Avas insane at that time or is insane now ?  and
might they also inquire in regard  to the intervening time ?  However
that may  be, we now purpose to  call the prisoner  before  the Court
again.
  [The prisoner Avas then called up.  Mr. Scott stood by his side and
said something  to him in a Ioav voice.]
  Judge Meyers [to the prisoner]—What is your name ? [then  to Mr.
Scott] Mr. Scott, you  must not talk to the prisoner at this time.
  Mr. Scott—I have the right to talk to him, advise him and stand by
his side  until the last act of the laAV.
  Judge Meyers [to the prisoner]—What is your name?
  Prisoner—Allen C.  Laros.
  Judge Meyers—Allen C. Laros, you have been indicted for the;  mur-
der of Martin Laros, and by a jury of your own countrymen convicted
of murder of the first degree,  for  which the judgment of the  law is
death.   What have you to say why the judgment of the law shall not
be passed  upon  you  ?
  Mr. Scott interposed the folloAving plea:

  In ihe Court of Oyer and Terminer of Northampton county.
Commonwealth of Pennsylvania")
                w-                 > Sur indictment for murder.
        Allen C.  Laros.          )

                           Plea in bar.
  Now,  this  30th day of October, A. D. 1876, the defendant being
present in  court, aud being hoav asked here what he  hath to say for
himself why the Court should not proceed  to judgment and sentence
upon the verdict of  the jury  for murder in the  first degree, he,  by his
counsel for plea in bar to the sentence of the Court,  saith  that since
the commission  of the  offence for which the defendant  Avas indicted,
and since the verdict aforesaid, he has become insane, and is now in- 
237
sane, and this he is ready to verify and  prove,  whereupon  he prays
judgment, &c.                           Henry  W. Scott,     '
                                        W. S. Kirkpatrick,
                                   Attorneys for  Allen C. Laros.

  Judge Meyers [to the prisoner]—What is your age ?
^  Ihe prisoner stood mute, and Mr. Scott said : "Your Honor, we ob-
ject to these proceedings.  The counsel for the  Commonwealth  have
not made replication to the plea in bar, and the questioning  of the
prisoner is  not proper.   We demand an answer from the Common-
Avealth to our plea."
  Mr. Fox said the Commonwealth would plead and read  the  folloAV-
ing replication  :
  Commonwealth of Pennsylvania vs. Allen C. Laros.
  And now, October 30, 1876, the Commonwealth by John C. Merrill,
District Attorney, for answer to the plea of the defendant why sentence
should not be pronounced  upon him, says that the said defendant has
not become and is not noAV insane, and the said CommonAvealth there-
fore prays that  the judgment of the law be  pronounced by the Court
upon said defeudant.
                             J. C. Merrill, District Attorney.

  Judge Meyers [continued,  to the prisoner]—What is your age?
  Mr.  Kirkpatrick  [interrupting]—One  moment,  Your  Honor, we
shall  demur to the  answer of the Commonwealth [Avhich Avas then
done as follows] :
tt  „   n^,T^m  .^ rw™ .^-, T™ 1 Commonwealth of Pennsylvania
In the Court  of Oyer and  Ier- I                J       J
  miner of Northampton Co.   f         t „   VX'  T
                                 )        Allen C. Laros.
                     Demurrer to Replication.
  Noav, to wit, this 30th day of October,  A. D. ""876, defendant,  by
his counsel, saith for cause of demurrer to replication of the District
Attorney to  the plea of the prisoner in bar of sentence of the Court—
  First—That  the District Attorney tenders no issue by his replica-
tion and no mode of trial.
  Second—That the replication should tender a trial by the country,
being a traverse of matter of fact.
  Third—That it prays judgment of the  Court upon  the question  as
a matter of laAV.
  Fourth—That the said  replication is, in other  respects,  uncertain,
informal and insufficient.                 Henry W. Scott,
                                       W. S. Kirkpatrick,
                                  Attorneys for Allen C. Laros.


  The demurrer and replication Avere now open to argument.

  Brief of argument upon the demurrer  to replication of the District
Attorney to  the plea of prisoner in bar of sentence :
  Mr. Scott,  for defendant. 
238
  I. Record must shoAV that defendant was asked by the Court, before
sentence, Avhat he hath to say wdiy sentence should not be passed.  He
must have the opportunity to plead in bar any matter to suspend sen-
tence. He may plead an illegal trial, pardon, or supervening insanity.
[McCue vs. Com., 28 P. F. Sm, 118 ; Dougherty vs. Com., 19 P.  F.
Sm., 291; Prime vs. Com., 6 Harris, 104 ;  Hamilton vs. Com., 4 Har-
ris, 129 ; Dunn vs. Com., 6 Barr, 3^4 ;  Archbold  Crim. Law,  vol 1,
page 676, note;  Hale P. C, vol.  1, pages 369-70 ;  Rex vs. Speke,  3
Salk., 358; Rex vs. Geary,  2  Salk., 630;  Rex vs.  Harris, 1  Lord
Raymond, 267 ;  Rex vs. Periu, 3 Sauud., 392 ;  Chitty Crim. Law, vol.
1, page 701.]
  II.  By section VI., act May 31, 1718 (repealed  by Revised Code,
1860), it Avas provided that the practice in trials of felonies punisha-
ble  by death, and the judgment and execution thereon, should be ac-
cording to the laAVS of England.   [1  Smith's  Laws ;  Dunlop's Laws,
vol. 1700-184!), page 68.]   This  section Avas  declared  to be in force
and  Avas commented  upon  in Dunn \Ts. Com., 6 Barr, 384.  The re-
peal of the section in the act does not repeal the practice under  the
law, which before its repeal Avas compulsory,  nor  does it  repeal  the
constitutional provision  that "the right of trial by  jury shall be as
heretofore."
  III. Where a  matter of fact was  pleaded  in bar  to sentence of
death the English practice prior to 1718 and subsequent  thereto Avas
for the Attorney General to  reply to the plea and tender a trial of
the issue by the country, Avhereupon issue Avas joined  by the prisoner,
a venire Avas issued, returnable instanter, and a jury Avas empanelled.
[Blackstone  Com.,  vol. 4,  pages 24, 25,  395, 396;  Foster's  Crown
Law,  pages  41,  42, 46;  Hale's P.  C,  vol. 2, pages 401, 407, 408 ;
Geary vs. King,  1 Show., 127; 1 Siderfin, 72; 1 Levintz, 61; Sir John
Kelying's Rep., 13; Roger Johnson's case, Strange's  Rep., page 824 ;
Barkstead's case, Foster's Cr. Law, page 111; Archbold Cr. LaAV, vol.
1, page 26, notes.]
  IV. Trial by jury to be as heretofore and the right thereof remain
inviolate. [Consts  of Penna., 1873,1838, 1790, 1776.]
  V.  [Foster Cr. Law, page 41.]  This  issue not to be tried instanter
if any cause for  postponement exists.
  VI. Peremptory challenges to be allowed upon this plea when  the
indictment charged a felony  punishable by death.   [Coke Litt., page
157;  Stauudforde's  Pleas and Prerog.,  page 163;  Hall, Sum., page
259;  Blackstone, vol. 4, page 396.]
  VII.  [Crabb's Hist. Eng. Law, page 548 :  Modes  of Trial.]   By
record ; by certificate ; by inspection ; by Avitnesses ; by battle ; by hnv
wager; by jury.   Trial by inspection Avas only upon  a matter Avhich
Avas patent to the senses, as infancy or idiocy; but there could be  no
such trial upon a question of lunacy [Viner's Abridg., vol. 21, "Trial,"
raarg. page 6] ; and in Glanville's time  these issues" were disposed  of
by an assize of eight  jurymen : vide Crabb,  page 119.

  Mr. Fox, in reply :
  "If after conviction a person alleges by his counsel  he is insane, and 
239
Jhe Court doubts on this point, it will ordinarily submit the case to a
«'U1/i   u   .ii°n lusPect'on, the Judge is fully satisfied the allegation
 is false be will without further inquiry proceed to sentence."  [Bonds
vs. State, Mart. & Yerg., 142.]
   The  Court may  adopt anv mode of trial upon the question of in-
sanity subsequent to conviction.   The Pennsylvania  statute does not
extend to such a case.  Iu Massachusetts and  New  York the Courts
have referred to the English practice as being different from that con-
tended for on the other side.   [Mr. Fox refers to Com. vs.  Braley, 1
Mass., 103;  Freeman's case, 4 Denio, 9 ; Morgan's case, 7 Paige Re-
ports,  296; 3 Rob.  Pr., 115; 2 Va. Cases, 266;  Queen vs. Goode, 7
A. &  E   536 ;  Reg. vs. Dietz, 7 C. & P.; Revised Code,  1860 ; Re-
pealing Act, 31st May, 1718.]
   Mr. Fox,  in  his  remarks denied  that the prisoner Avas  insane and
said that the Commonwealth Avere not compelled by laAV to  join  issue.
   Mr. Kirkpatrick in conclusion said that defendant alleged a matter of
fact, which is contained in his plea.   That  must be  tried by either a
jury,  or  by inspection.  The nature of  the  case  forbids the latter
method.  He spoke at some length,  and closed his remarks by urging
the Court to sustain the demurrer.
   Judge Meyers overruled the demurrer and calling  the prisoner  be-
fore him began questioning him.
   Q.  What is your  age ?
   A.  Twenty-one years.
   Q.  In Avhat county Avere you born ?
   A.  I think in Northampton county.
   Mr. Scott objected to  the prisoner being interrogated.
   Judge Meyers—We intend to question the prisoner noAV, and do not
Avish counsel to interrupt.
   Mr. Scott then said :  Your Honor, I don't knowr  under  Avhat con-
ditions you overruled the demurrer.   If  you intend  to  make  a per-
sonal  inspection  as to the  prisoner's sanity you certainly cannot  make
him testify against himself*.  This matter is as much  a trial as the one
which has  lately closed.  The  defendant  cannot be called upon to
convict himself, by  satisfying  the  mind of the Court,, in ansAvering
these questions, to solve the issue now presented.  Just as Avell  might
he have been called  to ansAver the issue upon  the  indictment itself.  I
most respectfully ask that our objection be noted  to the answers that
may be made by the prisoner.
   Judge Meyers noted the exception, and said he Avould not put ques-
tions which would criminate the prisoner.
   Q.  In what State is Northampton  county ?
  A.  [Hesitating, he said] Pennsylvania.
  Q.  In what township were you born ?
  A.  I don't knoAV.
  Q.  Where did you come from  this  morning?
  A.  Where from this morning ?
  Q.  Yes, this morning?
  A.  From jail.
  Q.  What is your father's name ? 
240
   A. Martin Laros.
   Q. What is your mother's name?
   A. Mary.
   Q. Have you any brothers living ?
   A. Yes, sir.
   Q. How many ?
   A. I think six.
   Q. Name them.
   A. John, Clinton, Uriah, Charles, Erwin, Alvin.   [The first  three
 Avere said sloAvly and deliberately, the last three very rapidly.]
   Q. Is your father living?
   A. [Promptly] Yes, sir.
   Judge Meyers repeated :  Your father?
   A. [Again] Yes, sir.
   Q. Is your mother living ?
   A. Yes, sir.
   Q. Are your brothers living ?
   A. Yes, sir.
   Q.  Hoav long have you been  in jail ?
   A. [Prisoner repeated] : Hoav  long ?  Not  long ; don't knoAV  hoAv
long ; not very long.
   Q. What do you mean by not very long ?
   A. I mean I Avasn't there long.
   Q.  Hoav long—two months, six months ?
   A.  Six weeks, may be seven ; may be not so long.
   Q. When did you see your father last ?
   A. When I left  home, six or seven Aveeks ago, I guess.
   Q.  Where did you see him?
   A.  In the shop.
   Q.  When did you see your mother last ?
   A.  I saw her then, too.
   Q.  Do you know what day of the mouth you came to jail ?
   A.  No,  sir.  [After a long  pause]  I think it  Avas July.  [Then
he said] June or July.
   Q.  This year or  last year ?
   A.  [Repeating the question.]  This  year.
   Q.  Who did you come in with ?
   A.  Brother.
   Q.  Which brother ?
   A.  Clinton fetched me in.
   [Prisoner stood Avith his arm upon the clerk's desk and his head in
his hand, only occasionally looking up at the Judge.]
   Q.  In what toAvnship did  your father live Avhen you saw him last ?
   A.  Forks township.
   Q.  Did you ever teach school ?
  A.  Yes, sir.
   Q.  Hoav many years did you teach school ?
  A.  Three or four.   [Last he said] Four.
  Q.  Where did you teach school last ?
   A.  Up the Delaware River,  up at SchirnertOAvn, at the  big rock. 
241
 Q. When did you stop teaching school ?
 A. About six or seven Aveeks ago already, I reckon.
 Q,. Hoav long before you came to jail did you stop teaching ?
 A. They fetched me from there.
 Q. From Avhere ?
 A. From the school-house.
 Q. Have you any sisters ?
 A. Yes, sir.
 Q. How many ?
 A. Six.
 Q. What are their names?
 A. Sally, Maggie, Annie, Mary, Clara and Alice.
 Q. Do you know Avhat month Ave are in noAv ?
 A. What month? [he replied; then said] October.
 Q. What day?
 A. Mr. Scott said a little bit ago it Avas the 30th.
 Q. Do you knoAV Avhat building this is ?
 A. The Court House.
 Q. Do you know Mr. Fox ?
 A. Who?  Mr Fox?
 Q. Yes, Mr. Fox, the attorney, the laAvyer ?
 A. Yes, sir.
 Q. Do you see him  in the court-room ?
 A. [Looking around.]   I don't see him.
 Q. Who is that person standing over there ?  Is that he ?
 A. Yes, that's him.
 Q. Do you know  Judge Cole ?
 A. Who ?   Judge Cole ?
 Q. Yes, Judge Cole, editor of the Argus ?
 A. No, sir ; but I know Pete Correll [reporter for the Argus].
 Q. What was your mother's maiden name ?
 A. Her maiden name ?
 Q. Yes,  her name before she Avas  married ?
  [Hesitating as if  he did not understand the question.]
  Q.  What Avas her father's name ?
  A.  His first name I don't knoAV;  his last name Avas Levers.
  Q. What was your father doing in the shop when you left?
  A. Making a door.
  Q. What was your mother  doing ?
  A. Doing something [hesitatingly].   I don't knoAV what.
  Q. Did you see them since you Avere in jail?
  A. No, sir.
  Q. Did you send for them ?
  A. Yes, sir.
            Monday Afternoon, October 30,  1876.
  Mr. Scott offered  another plea :
COMMONAVEALTH OF  PENNSYLVANIA )
               vs#                V Indictment for murder.
        Allen C. Laros.         ) 
242
                      Plea in bar of sentence.
  And noAV, the 30th day of October, A. D. 1876, the defendant being
present in court, and being noAV asked here Avhat he hath to say further
for himself Avhy the Court should not proceed  to pass sentence of death
upon his conviction for murder in the first degree, he by his counsel, H.
W.  Scott and W. S. Kirkpatrick, Esqs., for plea in bar of the sentence of
the  Court saith, that at the time of the charge of the Court to the jury,
and at the time of the delivery of the verdict, the said  defendant Avas
laboring  under a  temporary insanity, produced  by epilepsy, or some
other nervous disease,  and Avas totally incapable of understanding, and
was actually unconscious of the proceedings attending  the  charge  of
the  Court and the rendition of the verdict;  and this he is  ready  to
Arerify and prove, Avherefore he prays judgment, &c.
                                         Henry W. Scott,
                                         W. S. Kirkpatrick,
                                   Attorneys for Allen C. Laros.
  Mr. Fox read the following :
COMMONAVEALTH OF PENNSYLVANIA ~\
                vs.                 > Murder.
         Allen C. Laros.          j
  Aud iioav, Oct. 30, 1876, the Com'th, by John C. Merrill, District
Attorney, for ansAver to the further plea of the defendant why sentence
should not be pronounced upon him, moves that the  said plea, "that the
said defendant, at the  time ot the charge of the Court to the jury, and
at the time of  the delivery of the verdict, was laboring under insanity
produced  by epilepsy, or some other disease, and  that the defendant
Avas incapable  of understanding and unconscious of  the proceedings
attending the charge of the Court and the rendition of the verdict," be
stricken off,  for the reason that the matters therein  alleged cannot noAV
be tried, as they are Avithout the jurisdiction of the Court.
                          John C. Merrill, District Attorney.

  Mr. Kirkpatrick then said : That raises the question in point of laAV
and is in reality a  demurrer to our plea.
  Judge Meyers asked Mr. Merrill if he had made this ansAA'er as a
motion.
  Mr. Merrill—Yes.
  Judge  Meyers—The motion is sustained.
  Mr. Scott—Your Honor will note our exception.
  Judge Meyers—We will now  make the folloAviug  order to be entered
on the record :
  And uoav, October 30, A. D. 1876, the demurrer  of the defendant to
the  replication of the CommonAvealth to the said plea  of the defendant
is overruled, and the Court, upon inspection and examination of the
prisoner,  being clearly of the opinion that the prisoner is  this day,  to
wit, the 30th day of October,  A. D. 1876, when called upon if  he had
anything to  say why the judgment of the law should  not be  passed
upon  him on his conviction of murder of the first degree, on an indict-
ment for  the murder  of  Martin Laros,  of sane mind, memory and
understanding, and not insane as alleged  in said plea, and the Court, 
243
therefore, proceed to pronounce the judgment and sentence of the law,
made and provided.
  Mr  Scott—Your Honor will note our exception.
  Judge Meyers, ordering the prisoner to stand before him, then pro-
ceeded to sentence the prisoner as folloAvs :

                             Sentence.
  Allen  C. Laros, before performing the painful duty Avhich your crime
and the law imposes on me I  desire to  say a few words.   You stand
convicted of murder of the first degree, the  highest crime known to the
law.   For that crime and by that law you  forfeit your life.  On the
evening  of the 31st  of  May last  the immediate neighbors of your
father, Martin Laros, Avere suddenly summoned to his house only to
Avitness a scene of anguish and bodily suffering of the entire household
except yourself.  The tidings of  the tragedy of  that dreadful  night,
which reached this town and  the surrounding country on the morning
of the 1st of June, carried with it the intelligence of the death of your
mother  as  the  first victim   of  some fell disease or terrible crime.
Within thirty hours after the death of your mother  your father and
Moses Schug Avere dead.   For a  Aveek a distressed community were
waiting with deep anxiety the fate of your two younger brothers and
sisters, whose lives hung trembling on the brink of  the grave.  Four
days afterward the Coroner's  jury charged you  Avith the murder, by
means of poison, of your father, your mother  and Moses  Schug, and
from thenceforth from day to day by telegraph and the press the ter-
rible tragedy was heralded far and Avide, and your name  indissolubly
linked with one of the blackest and most atrocious crimes of the age.
For this crime you stand convicted by a jury of your county,  almost
entirely  of your OAvn choice, under humane and  benign  laAvs, Avhich
throAV around  the unfortunate charged Avith crime every protecting
shield and barrier consistent with the safety of society and the public
good.  You have been defended by counsel of your own choice, who
have  brought to your behalf such evidences of industry and learning,
zeal and eloquence to save you from  the fate that noAV  confronts you,
as has been  seldom witnessed in the history of criminal jurisprudence
of this CommonAvealth.  For fifteen  days they struggled to  save you.
They failed  only because the  evidence against you Avas too overwhelm-
ing and the evidence in your defence lacked that inherent  force and
poAver that produces conviction.  Allen  C. Laros, you may be inno-
cent.   Your hand may not have mingled the poison with the food that
carried death to your father.   By some mysterious visitation of Provi-
dence you may have been so  afflicted in body and mind, unseen to
mortal eyes, as to have rendered you unconscious that you comraitted
a crime.   But, judging the verdict by the law and the evidence, which
was the'only guide and rule for the jury, our judgment as to your guilt
is clear.   Guilty you have, by taking the life of your father, violated
the laAV of God, of man and of nature.  You have not only committed
the greatest possible injury to the deadAvhen living, but also to society,
to the  State  and to humanity. The hand of the murderer, in whatever
manner it may be raised against the life of his fellow man, may  possi- 
244
bly be guarded against, but who can  guard against  the  hand of the
poisoner and the parricide at the very fireside and altar of our homes?
I speak these Avords in the spirit of compassion and profound sympathy
for you by reason of the terrible  calamity Avhich you by your crime
have brought upon yourself.  With little or no hopetoavail the pend-
ing doom, there may yet be hope beyond the grave.  If the conscious-
ness  of the  aAvful crime Avhich you have committed cannot awaken
your soul to a sense of  your peril, no poor and feeble words of mine
can avail you much ;  nevertheless, I conjure you, as you hope for par-
don from a just but merciful God, to  humble yourself in the very dust
and ashes of a true aud sincere repentance and beseech Him, through
His  abundant grace and mercy, to save your immortal soul.  I can
say no more.  It only remains for me to declare  the judgment of the
law.   Allen  C.  Laros,  the sentence and judgment of the law is that
you, the said Allen C. Laros, be taken from hence to the Northampton
County Prison, trom  Avhence you came, aud from  thence to the place
of execution designated by law, and there be hanged  by the neck until
you are dead.  And may God have mercy on your soul.
                      The Death Warrant.
Pennsylvania, ss. }
J. F. Hartranit. j
  In the name aud by the authority  of  the Commonwealth of Penn-
sylvania.
  John F. Hartranft, Governor of the said Commonwealth, to Birgc
Pearson, Esq.,  High  Sheriff of the county of Northampton, sends
greeting :
  Whereas, at a Court of Oyer and Terminer, held at Easton, in  and
for the county of Northampton, at August term, A. D. 1876, a certain
Allen C. Laros Avas tried upon an indictment for the crime of murder,
and on the 30th day of August, A. D. 1876, Avas found guilty of mur-
der in the first degree,  and was thereupon, to wit, on the 30th day of
October, A. D. 1876,  sentenced  by the said Court, that he be taken
from hence to the Northampton County Prison, from Avhence he came,
and from thence to the place of execution designated by law, and there
be hanged by the neck until he be dead.
  Now, therefore, this is to authorize  and require you, the said Birge
Pearson, Esq., High Sheriff  of the county of Northampton, to cause
the sentence  of  the said Court of  Oyer and  Terminer to be executed
upon the said Allen C. Laros between the hours of ten A. M. and three
P. M. of Saturday, the thirteenth day of January, A. D. 1877  in the 
245
manner directed by the seventy-sixth section of the act of the General
Assembly of this Commonwealth,  approved the thirty-first day of
March, A. D.,1860, entitled, "An act to consolidate, revise and amend
the laws  of this  Commonwealth relating to penal  proceedings aud
pleadings," and for so doing this shall be your sufficient warrant.
Given under ray hand and the great seal of the State at  Harrisburg
  the fifteenth day of November, in  the year of our Lord one thousand
  eight hundred and seventy-six, and of the Commonwealth the one
  one hundred and first.
  By the Governor.
                       M.  S. Quay, Secretary of Commonwealth.
  In December the defendant's counsel sued out a writ of error in the
Supreme Court of Pennsylvania for the  Eastern  District, returnable
the fourth Monday of March, 1877.  This operated as a supersedeas,
and the Governor recalled the Avarrant.
  This case was argued before the Supreme Court at Philadelphia on
Tuesday  and  Wednesday,  March 27 and  28, 1877.
  Decision Avas reserved. 
 
 
 

<*ae» 
W 600 L331t 1877




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