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