Image provided by: University of Oregon Libraries; Eugene, OR
About The Albany register. (Albany, Or.) 1868-18?? | View Entire Issue (Dec. 19, 1868)
Slit Urangj f&ti$itt. SAHJKDAY, DECEMBER 19, 1868. Indictment for JTIurdcr. Trial of Ljmau W. Pomeroy, of Forks of Santiam, at a Special Term of the Cir cuit Court for I.Inu I County, Oregon, upon an Indictment for murder, (alleged poisoulng of bis wile, Oct. 15, 1S5!.) nsroRTED J!Peci ti.i.v ron t:ie "rkgisteh," by JAMEI KI.KIXS', ESQ Hon. H. C. Boise Judge ; J. C. 1'oWELL, Prosecuting Attorney, and Hen Hayden, for tlie States; Crayxor and Russell for the prisoner. The prisoner being arraigned in Court was asked by the Judge whether he plead guilty or net guilty to the charge in the indictment. Plead "not guilty." The Jifry euipanneled being Eitis L. Knox, John Isoin, James A. Porter, M. A. Rogers, 1). 31. Bonl, Thomas Riggs, Alfred Shelton, James jlledpath, Heury A. McCartney, W. II. Yallaudighaui, R. M. Elder and Nimrod Price. Rev. Joab Powell sworn for the State: I have been acquainted wittr the prisoner at the bar since 1859, and was acquainted with his deceased wife and his present one. Tliey jwere ry nieces. Poineroy's house then was about a half a mile from Providence Church, in Linn " county. About the 15th of October, 1859, we had, a night meeting at this church, and Had a considerable congre gation. We met about dusk and "Jeems" Dorris was pastor, who had a "gift" and was invited into the stand. (Iam not going to preach now, only going to bear testimony.) He gave oat a hymn and offered prayer, after which I was talk ing to the congregation.! All at once I heard a voice and knew it was Pomeroy's, which sounded like he had come iu a hurry to the steps, ire said "Father, come quick, iny wife is poisoned ! I want you to come quick 1" The congregation arose to break, and I told the people I would go down and see what was the matter and send back Word. When I went out he was gone, and before I got to his house some few persons had got there. I, went to the bed-side of tny niece (Pomeroy's ' wife),! and found her lying upon her back jwith her head thrown back upon her pillow, and she looked just like a corpse. Pomeroy was at the bed-side and seeraod just as uneasy as a man could be. . Some one said that Calavan had once inhaled strychnine and was given gum camphor and was relieved . immediately. I then .called for some : camphor. Pomeroy was still standing at the bed, when he (Pomeroy) said "I ' drunk most all and she drunk a little of " it." I had thought may1 be she had in haled poison, but when he said what he then did I changed my mind and thought 'perhaps she had accidentally drank pois on. She spoke and said, "Uncle, you are an old man and what you do, do quickly V' I called for the camphor, and it was brought in a black bottle, and I poured into a tea-cup what would make a dram (drink) and said I here. She opened her mouth and idrank a good swallow. She did not struggle, and I saw that she was nearly gone. She did not belch, but the camphor run out of each -corner of her mouth. She laid quite still and drawed one breath and probably tried to draw another. I see 'she was gone. I placed my fingers upon her eye-lids and closed them. Pomeroy was on my right. Said he, "Is it pos sible my wife is dead ?" !l said nothing. He fell upon the floor and kicked around , ' and I supposed he had some too. I took him by the arm and said, let us take him . to bed. He was struggling,-and we took ' him to a room. About j this time my brother-in-law, John iiecler, and his " wife (my sister, and mother of deceased) came in, very much excited, when my sister lell dawn and cramped : and . Pomeroy falling as he did, I did -not . know but what some evil was befalling the whole house. Mr. "Garland came hi about this time ind said warm lard would 'kill strychnine. We got some lard and "went to Pomeroy's bed to give it to him, . but he did not-like to take it, but they put it into him. But just before we : gave him the lard John Beeler (my brother-in-law) said, what does this poisoning mean? I said, God .only , knows, 1 don t. By this time there was a great excitement out of doors. I went J" out to see what the matter was when Amanda Curl said, father, 1' always told v you my soul was not worth! anything but ,i now 1 realize that iMs. Pray for me. v. I prayed for her, and soon wo went in to see Pomeroy. He was in his bed look ing around, and said that he felt better, ,T and said 'Uncle, is my wife dead ?" . He was answered that she was. Then he . cried, and 1 believe shed tears. I asked vi kim then wiiat th't was boj "drunk most ,allof." He said it was 'a "sling." I . did not understand what he meant by that, and then he said, an alcohol stew. .;That night ho told me he had got r -..strychnine of father Beeler to kill squir : rela that were eating his j harness, and . ' , that he gave it to his wife to mix op ; . that he did not know how much it took but that she had seen her father make it ;V up, and so he gave it to her to mix. Said .,.-1, your wife ought to be laid out, and has she got any clothes ? Said he, "They J have sent for a Doctor." But I did not see any need of a Doctor, and Mrs. Ray was sent to lay her out. I told Pomeroy that I would send to Soio bo that Dickey could make her. coffin.. Gentlemen, I make this, remark: I believe she was Eoisoned from what he (Pomeroy) said ; is changing around from the mix-up to sling showed a dark place, j I have no ' reason to believe that that man would foison my niece, when he had one child y her and it looked like they were to . have another ; soon.' - I tried to hope he , was clear of any wrong in the matter, yet my impressions, were not reconciled. John' Beeler (the father-in-law) said ,fffmnrthin.wH not right." (Beeler and wife) and I, left they took the child home. I am about through, gentlemen. Yes, going by to my ap pointment Wi y abovo there, I came" hy Pomeroy's and went to the side of the de ceased as she lay in her winding sheet, and took a look at her. She was rather swelled about her neck arid under her cars, with spotted places on her face. She had a different look on her counte nance, unlike any corpse I had ever seen ; Lhaving bloody spots like.. She did not have convulsions before she died. Don't think she lived over a fourth or half hour after 1 had got theio the nighfshe died, Her head seemed thrown back nothing like drawn back. She was not undressed. She said nothing to me about a "sling."' Yes, we had a meeting at Albany in the Baptist church the week Pomeroy was arrested. After church he came to the stand and said ho wanted to talk with me; he said he would be at the Court house, and I met him there. Ila asked mo this question : "Did I not say when I came up to Arovidenco church that time that I lear my wjfe is' poisoned lie then said niy evidence would be the hardest of any against him. No. lie did not ask mo to modify. lie said he heard there was goiur to be some kind of proof of an intimacy be tween him and his second wife. That i: N Well, they so, it could be but a friendship or ah in tiniacy bv he moving in, with the family Ruled out. CiJOSS EXAMINATION. - Yes, I 2.iu positive as to what Pomeroy said at church 'l hat she is poisoned, father, come quick! my wife is poisoned and I am afraid she is going to die. could hear very good them days; he might of had other words in. From the door where he stood to the pulpit is about 4 teet. bhc was lying on the bed on her back, head back on the pillow ; was quiet till the camphor was given and lived perhaps a half minute before she Deicned it up. me peculiarity was a purple or spotted look and the counte nance different from any one I ever saw. Yes, he said '-can it be possible my wife is dead I lie knew it as well as I did I had said his wife was dead. Yes, we packed him to bed and gave him the lard as soon as it was warmed. I helped to drench him with lard ; did not say I drenched him. Oh, yes, you lawyers could write anything down Likely some witness will tell you he spewed it onto his coat. He shook his head when he took it. It wa3 after he took the lard he said he had taken the sling ; said he had a bad cold and made up a sling of alcohol warm stew ; that he drank most all of it and his wife drank tne caianec. iotuing aoout any one else. There was no one by, this time, but myself and Pomeroy. He had said this before when a good many were present I went away before any Doctor come. I tried to, be Dr. myself. I cave her the oamphor from a tea cup a swallow or more. In a half a minute shehelched it up. Gare. it but once ; Pomeroy was present. Joseph Beeler sworn for the State The deceased was my sister. I knew the' prisoner at the time of her death. Don't know what my age was then, but remem ber the circumstances well. Pomeroy was at my lather s that day about sun down ; he had been working some days for us. He lived about three-quarters of a mile trom us. .romeroy got strychnine ot lather that evening ; it was in a small vial ; did not hear him ask for it. Heard father tell him to be careful. Did not hear Pomeroy say for what purpose he wanted it. Was at church when Pome roy came to give the alarm; heard him say then that she inhaled it. I saw Pomeroy's harness at father's some time after ; did not examine them ; afterwards saw them, they showed no appearance that rata or squirrels had gnawed them. CROSS EXAMINATION. I was about 14 years of age then I think. Don't recollect the harness well, could not say that the lines were spliced; could not say positively that the harness 1 speak ot were Pomeroy s or not, but think, they were, Pwas in the churchi when Pemeroy came ; don't know that it was fenced. He did not get off his horse. He came close to the door. The words he used with strychnine I did not under stand, but he said "she was poisoned; she inhaled it." He told it to the crowd. Can't say that I am friendly with Pome roy ; don't know how long since I became unfriendly with him. . - Question Is it as much as five or six years ? ' . - .. Yes, since the time his wife died. Yes, we treated him friendly when he and his child lived at our house, and up to the time of his second marriage. j Re-Exam Yes, the harness were mended before she died. . No, did not en tertain very friendly feelings toward the prisoner after she died and before his second marriage. By Defence ,No, I said I was friendly up to his second marriage. I could be kind to him but did not like him.' They were not mended because I worked the harness. ; John N, Beeler. for the State : I was acquainted with Pomeroy in 1859 : it was in Santiam, in this county. He worked for my father in the fall, of Oct. that year 5 or 6 days. I don't remember the day his' wife died, but I was at his house at the time.: That day he was at father's till evening, putting up ceiling, ana we see him crying. - Father asked him if; he was sick. . He said no, and went out doors, and shortly came back and was working and crying again, and before he went home I hoard him nat father for some strychnine. He asked him what he wanted of it, and he said to kill squirrels that were eating his harness. Father said he would rather not let him have it, and Pomerov said ha vnnM nnt take it into his -house, and the old man went and got it and. gave it to him. I did not see It i it was rolled on in . per; and Pomeroy left shortly for home which was a half mile off. Father and I were the only ones who knew where it was buried down in the orchard. I was in the church - that same evening, and Uncle Joab was talking. I heard Porne roy when he came and some remarks in regard to dying, and Uncle Joab said to morrow you die, when Pomeroy said yes, she is dying. When I got to Pome roy's house Sarah was in a spasm; I heard her screaming before-1 got in the house. She knew me, and said Lord, John, what is the matter of me? I have not eaten or drank anything but a sling Lyman gave tne. Uncle Joab was there at the time and I heard him ask Pome roy what it was. Pomeroy said he made a sling ad ho and the little boy drank of it and Sarh drank the balance, or nearly all of it. lie said so several times. Pomeroy seemed crazy at this time and fell sprawling close to the fire, and was moved around from it. A number of persons were there. She had several spasms. I heard her remark to Uncle Joab, "You are an old mn, what you do do quickly." She did not live over 15 or 20 minutes. I arrived at the house be fore Uncle. I heard Pomeroy make a remark that evening that ho was not sick. lie had not any graiu in his bam. His harness was there; 1 had worked them on the horses several days before, and the day before his wife died; I don't think the harness were eaten any by the squirrels; they were old harness fuzped and broken up a good f deal. I was at the barn frequently; I saw no squirrels about there except "Chip Mucks." ! CROS EXAMINATION. I wrs about "1 years old in 1859. Pomeroy had been ceiling our dwelling house then. He went out twice crying, but said ho was not sick. I knew it was strychnine for I went with father part of the way when he put it back in the hole in the ground. It was in a vial in a paper. I would not swear that he did not give Pomeroy a bottle, because I did not see what was in the paper. Father had the bottle -in one hand and gave Pomeroy something rolled in a paper, j Yes, I saw the bottle opened and saw something poured out into a paper and given to Pomeroy, and father took the Other bottle back to the hole, j Ques. by Juror No, father tore the pa per in two; the bottle was in one paper, and 1 couldn t swear which one 1'omeroy got. In response to Uncle at the church Pomeroy said, "Yes, Sarah is dying, and will be dead before morning." Three of us ai rived at the door about the same time Loudon, myself and Prine yes, and Jack Miller. She was screaming be fore I got there and screamed after I got there. She would be still and quiver and then scream. Was there probably 15 minutes when Uncle Joab came. I did not say that she said the baby drank some, but that Pomeroy said so. When Pomeroy shrank down his head fell near the hearth, which was 5 or 6 minutes after I got there. lie acted as if he had spasms. X did not rush out with the baby immediately, or take it home. Saw my mother cramp at Pomeroy's in the chair. Sister lived probably 15 minutes after-I got there." Heard Pomeroy say he did not want medicine, he was not sick. Did, not see the harness that night nor for some time after she died; think they had been repaired some No, have not been friendly with Pomeroy since the death of my sister, thougH I would not harm a hair of his head. lie and child were at father's part of the time after his wife die?d, and .we were not on friendly terms with him. Don't say I did not write a letter to him when he was out South, in 1860, or that I wrote him to pray for inc. j Here a letter was read, exhibiting the usual friendly relations existing between relatives. Re-Exam. Yes, 1 wrote the letter. I had a great deal to contend with at that time is the reason I wrote it. I wanted my sister's body examined before she was buried. Could not get any of the church to help me in the matter. . v. I'owell lor the estate: 1 was at the house of the prisoner the nisrht his wife died, in 1859, and also at the church when he rode up, and heard him exclaim "un, uncle : un, uncle l tmy wire is poisoned with strychnine come and help me, quick !" I went with the crowd to Pomeroy's " house and went iip to barali s bed, wbeu she seemed to be in considerable agony ; struggling and jerk ing, once in a while drawing up and quivering; after that she lay quiet.! I remember that she said,. "Oh, Lyman, love, don't touch me, it hurts me so If J heard her say ."Uncle, you are an bid man, if you know anything do it quick." Saw prisoner at that time : heard him say "I drank .more of At than she did." He about that time shrank on the floor; Several persons were present, of whoni was J. JN. Heeler, iiarbary Jrowell, Joap Powell and a boy we called little '.'Don't Prine." Pomeroy was taken to bed, arid there he acted a little like Sarah did we gave him some warm lard. ; Ho got' up Deiore x ieis. x was iu nis room about the first of his sickness. I heard Pomeroy once say, when on our road a to meeting on the Calapooia, "how can they make anything out of this sling matter ? I drank more of it than she did. " . cross examination. I am 27 years old since last June : am a cousin to the Beeler's and grand-son to Joat Powell. Yes, I heard Pomeroy.say "Oh, Uncle, come quick, my wife is pois oned." Am not positive as to the axact words, but it is as I understood him. He came as if on horse-back ; did not see him then. T remained at the church about two minutes, and with my aunt went on horse-back in a lope to Pomeroy's, and she went into the house before I did. Fiyi or six were in the house j saw John N. ( Beeler, Dorris - and .John Cleland there, hut Uncle Joab was not in at that time. Sarah was making a kind of shiv er or jerking; stretching or drawing up but not a great while. She lived haps 10 or 20 minutes. Yes, I was there when she said "Uncle, you are an old man, etc." It was just after Uncle gave her the camphor, or something, that Pomeroy said he drapk more than -she did. I was present, 'or near by, j when she died ; Pomeroy sank toward the floor near the -bed-side. Our idea was that he was strychnined when we gave him the lard. lie got up I think between 12 and 2 o'clock that night. Can't say that I entertain kind feelings toward h'un at this time; have had uo difficulty with him. I have uot talked this matter over with the prosecuting witnesses. Il have given S2 50 to aid in the prosecution ; but my object was to have the ca?e inves tigated since it came from the Grand Ju ry. I was aware that . the other side would have competent counsel. fie Exam. I have no evidence of his intimacy with his second wife prior to the death of Sarah, other than they being together often and joking eaeh otr er. Mrs. Lucinda Stkinger, forj the State: I was stopping at Pomeroy's house on the day of the evening his wife died, in 1S59. She was my sister. Pom eroy wa3 working at my father's, and came home about ten minutes befori sun down. He told me to get my bonnet and go home, that there would be meeting that night and he wanted me to go to it. I told him I would rather stay j with Sarah, that I did not wish to go to meet ing. He said to hurry, that it would soon be dark, and did not give any other reasons. His horse w:'s hitched in the lane, opposite the door, with saddlei on ; he talked about his going to the mefeting and I left, just as the sun was seating. My mother had sent mc to Pomeroy's in the morning, to stay all day and night with sister. I went to church, about half a mile from home, and, while there heard Pomeroy say something wheh he came up, but can not give his language. I went to the house with the rest from the church, and soon saw his wife;! she was lying on the bed stretched oat like, struggling and jerking; she called fo: something, I don't know what; heard nothing about sling ; saw Pomeroy,' but don't remember that he said anything: I dori t think she was alive a minute I cot there. after CItOSS EXAMINED. ,1 was about twelve years of age then ; I went to Pomeroy's in the morning; was living at home, but sent to stay with sis ter, (Mrs. 1'.) as she was afraid to be left alone, and I was to briug word if shejwas sick or anything. He rode from father's; the distance was short; I thought lie could have walked to the church ; it was only a half mile to the church, and from father's to his house around the road, three-quarters of a mile. I have resided at Pomeroy's since his second marriage, and have been treated kindly, and i my feelings toward them have been kindly until lately ; all but father, then, were on good terms with them. Mr. Carter never asked me what I was to swear; several have spoken to mc on this-case ; nothing written down. J Mrs. Jane Beeler, for the State f I am the mother of the deceased, and ilso of Pomeroy's present wife. He was oeil- Hke, some time for the agony she was in ; per- ing our house overhead the day of the evening his wife died. He told me that Sarah had become alarmed about herself l told mm to cheer her up, as she was about to be confined ; that many a woman if encouraged would go through such trials much better. Pomeroy afterwards said something about strichninj; biy husband asked him if he wanted some he said yes,to kill squirrels with and the old man went after it for him, and then Pomeroy went home. A little after dark, James Malone came and told jus that Pomeroy and his wife were poisoned, was the way we got the news ; we both started, and were met and told that Sarah was dead, and when we got into the house, she was laying on a plank, dead. Mr. Garlom told us that he thought Pom eroy would die, too. I examined the body the next morning ; she appeared, much swollen and very pided spotted like; she had been in good health, quilt ing, and I had been helping her; was as cheerful and stout as common ; she was as healthy as any girl 1 knew of ; there was nothing the matter of her except her then peculiar condition. Lucinda is my daughter ; sent her to stay with Mrs. P., as I thought she would be lonesome while he worked at our house ; I did not want her to come home when she did, because he had talked of going to church. The first I saw of Pomeroy was just before day, with a white handkerchief around his head ; he said nothing to me that 1 1 know of. I paid no attention to any in timacy at that time, of Pomeroy with Almira, his present wife. He lived with us" much like our other boys I did not think much about it. . ' -Tj ... ' CROSS EXAMINED. ; ,, N I am old and very forgetful, and desire not to be questioned more than you can possibly do with. .- The defense assured her they would be brief. No, have not talked with any one whut I should swear to. The deceased was lying on a plank;, I did not look at her features that night; I was so exhausted when I arrived, and was so shocked, that I knew but little, and also took a cramp ; my husband kept strychnine hid in the orchard; am not positive that he gave Pomeroy any, but thought he did ; my husband cautioned him about using it, and told me that Pom eroy wanted to kill squirrels ; that there was but little in the bottle. I entertain no Unkind feeling towards Pomeroy, and don't want him punished, but if he is guilty I could not think well of him; yet there is something so dark that I could not see into it. 1'omeroy that msht asked me to keep the child ; be lived at our house with it, and I kept the child till his seoond marriage. Yes. I thought he was a good man, but. felt, that there misrht be something' wron?. ThU Would have been brought up before if we had thought there would have been so . -1- j r . . .1 wuou pruui. , carter never asked me what I could swear to j I haye not been at. his 1 house for three years. Peter W. Beelkr,' for the State: The deceased was my sister; I sawiher that day about three quarters by suD't a distance, while passing. She was, iu the door sinsrine. I thought so.ne of stoppins in. and when I approache 1 she observed me ami waived her hatidker-, chief. I saw the deceased next day ; she appeared very much swollen, and purple snots bke on her cheek. I heard 1 orne rov sav that this thin death') shouh have nassed his house", Don't know" of anv improper intimacy betweeu Pomeroy and second wife before the decease of my sister. , ' . :: :. Ww. F. Beeler for the State : hav sfen an infimaev between Pomeroy and his psesent wife before the death of his hrst one. 1 heard him can ma piw ent wife his "tru'e love" about four months before his first' wife died, at father's, in a room. I was at the foot of the bed and he was lvinron it", his pres rnt wifi w;ia nnssinw in nn d out. His first wife was in the house not far off. saw no' acts. CROSS EXAMINATION. I was about 17 vears old at that time I thought it was a wrong intimacy when I heard it and have had no warm feeling for Pomerov since that time. Yes. we have had a difficulty; he in truded on me. Yes I have contributed S20 toward this Drosccuf ion. I have not been approached as to what I woul swear before the Grand Jury. The mat ter has been talked over by brothers and sisters since the trial commenced. Rev. S. II. Miller, for the State Since Pomeroy s second marriage we were talkincr. He sufforestcd that it was doubtful about his wife dying from stych nine. I said to him that if the stomach was examined it would show strychnine He said it might, but said he "I cant say how she erot it." He said ' that he had made a stew and drank, part of it and gave some to the child and she took the balance. CROSS EXAMINATION. Yes. I stated to Pomeroy in thsft con versation that I did not believe that he administered any poison to her. . J. J. Dorris, tor the btate : i am acquainted with the prisoner since 1859, and was at the church spoken of when he came to give the alarm of his wife's dvins. I went to his house and there saw Mrs. Pomeroy lyins;on a bed. Isaw no particular struggling of the body ex cept perhaps a twitching ot the face ; she did not live long after I arrived, and when she died it was then I think that I heard Poineroy exclaim "Oh, my Lord has death come into my house : 1 saw him next in his bed room. I did not hear him say anything about a sling. CROSS EXAMINATION. L heard some one at the church say they had fears that Mrs. Pomeroy was poisoned or. dying. I saw nothing unnat ural with the body except-twitching about the face, and did not observe any convulsions. Was present when the lard was given him. I was reclinine: about the foot of the bed and had the grease in my hand. In his struggling he kicked it out of my hand. It was Uncle Joab I think who administered it. Peter Powell, for State ; As to an intimacy between Pomeroy and his pres ent wife before be lost bis first one, 1 will say there were a protracted meetm that fall before his wile died at Providence church; Almina, who is now his second wife, was a mourner and deeply concern ed ; after nice tin were over, 1 was outside not far frcm the door, when Almina came out and sat down not far trom the corner of the house, having her head down, seemingly in great trouble ;! I was near Pomeroy come out to talk with her ; said he, "Alnnna, you know J always loved you. 1 thought that was a queer ex pression ; didn't know what to make of it. CROSS EXAMINED. Yes, I heard that he was an extorter. Ques. Ts it not common for ministers and exhorters'to say "I love your soul," and the like ? "No, it is not uncommon as to the soul; but as to "you know I always loved you," I think not. C Pros. Atty. Is it common in church for the preachers or exborters to say to the sisters, you know I always loved you? No, I don't think it is, and much less for them to follow them outside and say "I love you." A. J. Smith, for the State : Ponae roy told mo about two weeks after his wife died that ho did not know h.-w she got the strychnine, for he and the child drank of the sling. He said he raised the alarm that she was poisoned. As to any intimacy, I saw him one night at a party at Bob. Watkins' lead his wife off to bed and when he came back : he took bis second wire on his lap, and she sat there quite a spell; ,1 thought noth ing of it but friendship. I was trying to make some music for the dance. At Mr. Beeler's, before his wife died Pome roy came into the house and spoke to Mr; B. and then went into a room where the girl was, and out again, and took her off with him after night. . CROSS EXAMINATION. T His wife had gone to bed for the nihfc at the party. As to the, girl, afterward sening oo ms xap I thought nothing of u, oniy in at mere were plenty of vacant scats in the house. I thonont-). - right to take the girl from her father's inai nignt, Dut thought it strange to take her away from a suitor who was there. I was not the suitor. I saw him take her off to a meeting up on the Calapooia, when I thought he ought to be with his wife. I was in the barn at the timelhey were passing; they seemed to be iokin? each other and laughing; ! looked thro' a crack, but did not know them ; I went to the door then and saw that it was Pomeroy and the girl ; Bob Moore came up acterwarda and told me that he met them and they were ridmsr alone vra lovingly. , , Mrs. B. F. Cartes, for th fttta. I am a sister to the deceased. Was sick tf.ti.or'Q and aw Pomerov there. - He would go into AlimnaV room frequently and stay there sonue times longer! than others; this vis six or eight weeks ha fore the death of his wifer His first wife was then wsYng at Mr. Wheeler'", at Scio. I -have .sccu' him at. father's come in from work and greet the girl as a man. should his wjfe. Siw them in ' a l.ttle room talking low together, and when any foot-fall3 came on ...the floor they then would talk louder about religion," "the whole heart," and of God. I saw ! him at father's after his wife'ffideath; he seemed to be affected at times. . He would converse with the girl when any. opportunity, acting restless and uneasy. He said to me when I was going away, "sister, I am in so much trouble." I asked him if it was from the loss of h's wife. He said no, "it was here (strik ing hi3 breast) -it Was killing him, and none but God can remove it." ( He said that they thought that aright he was strychnined, when nothing ailed him, and they poured some grease down him like : a lot ot fools. : " - CROSS EXAMINATION. .. I have seen bis. present wife go into the small room where he was frequently. I thought it strange.1 No, t did not re mark of it to my sister or parents. .It- , was older one's business and I thought they could not but have, observed it. He was there harvesting. ' Yes, when they heard foot-falls ; they ceased whis- -poring. She pretended to be seeking re ligion ; Pomeroy bad been a member of : the church a short time. ' His wife was at Scio. Yes, greeted the girl as he should - his- wife smiling like. She would say, you are tired Lyman, etc. Never saw such actions in the presence of his wife. Don't know that heiwent into be room for lunch, or why he should follow her in there. "It was the second morning after the funeral he spoke of his trouble ; he said his wife was better off than he, but the trouble in his breast was killing him. I was going home and went to speak to him before I left. I have nothing against him but this' sup posed poisoning and the actions with the girl and his marrying her. Believe he must have poisoned her. " Yes, I spoke of their actions long before this triaT. I heard members of the church say, let it go hush it up heard uncle Joab, 3Irs. Sloan and others say so. . - p Mrs., Wm. Ray, for; the State: I helped to lay out -the debased ; shej had a cloudy appearance ; looked like she must have suffered a great deal ; had a dark appearance, with a frown upon the face. The doctor come and inquired for "the sick ; no one answered. Something was said to him about Mrs. Pomeroy ,and . that there lay mother Beeler in a cramp. Said he, I did not come here to see the dead but the sick. Pomeroy came in and ., knelt down by the deceased ; he was asked -. about burying his wife ; he said, let it be just as uncle Joab says. ..." Daniel Powell, for State : As to intimacy before his wife died, there was a circumstance eleven years ago next s Christmas;; was there and he '. and wife came from a party at Bob. 'Watkins'. His wife was in the kitchen and Pomeroy went to a bed-room j his present, wife went in where he wa3; saw him lying on - , the bed and she standing before him. I see him make a move with his hand at her person, with his finger this way . ,here witness poked bis finger at the law yer. they were there fifteen minutes. , It was at his donation claim. Yes, at Richardson's bridge, at a bap- - fizin', saw an intimacy with his second wife. Pomeroy and her were standing along-side of each other and his wile .staudinx back, about four feet. fThis last extreme intimacy provoked . laughter in court. , - CROSS EXAMINATION. ' No, P was not in the room where I saw the motions ; saw this through the door. liis wife was in the kitchen and her door was not opposite. I have nothing against him except the finger pokinjr. Yes. said ' I would give S25 toward the prosecution. .' There was a kind of list, or schedule of questions Carter asked me what I could swear to in the case. By the State Now, sir, I want you to stand right before that jury and exhibit the manner of 'that finger, poking " I tiere the witness promptly sonared himself opposite, a . juror , shovine- hU. ' finger in close proximity with -the , gen--, tleman's nose.' An uproarious laughter ensued, and it was some time before His; Honor recovered sufficiently to command: . order.. Mrs. Scsan Ray, for the State : ! I saw at Pomeroy's on the night his wife ." died, what they called strychnine. ..Mr. Garland took down a teacuH" ' from - the mantle, and in it was about a teaepoonful of somethiog white ; not mixed up with anything ; it was dry, not a liquid j I did not know what it was. ' 3- CROSS-EXAMINED. I never saw strychnine before : I did not taste it ; Pomeroy frequently went to. his dead wife and kissed her. B. F. Carter, for State : I was in. quainted with Pomeroy and wife in 1859, uu prior 10 tne death ot his wife, I saw Pomeroy at Mr. Beeler's j he came in and walked about some ; afterwards ho. went into a bed-room which has a window " high up from the eround t I thono-ht T observed him motion to some one, and; " presently Almina, his present wife, fol lowed him in there. I had a convenatinn with him at the funeral when his wife, was buried, at the ground ; I was trying ' to console him in his trouble. He ten -marked that it was harcl to lose his wife that he was sorry she cot thattrvnfc;,.i v he intended to kill squirrels with,- He thought she must have inhaled it, which caused her death. ' , CROSS EXAMINED. ;,I don't know who th edat when he was going in the bed-room. I have nothing against hud but gug. ' picjonof his guilt. I wrote down some statements which I heard would be sworn -to before the grand jury.' I haye said I e I i