G.'s vomiting I thought was increasing. After about fifteen minutes, I retired to the floor above, Mina's lodging room being near mine. Mina being up, I stepped into the room; he offered me his bed, and went below. I went to my own room.— I left Mr. C.'s residence next morning between eight and ten o'clock. Mr. Chapman was much the same then as the night before. This was on Tuesday. I was at Bristol the same day, and spoke to Dr. Phillips about him.

The next time I was at Chapman's was not until the Sabbath after his death. I saw Mrs. Chapman-she was cheerful; much as when I was first acquainted with her. I spoke of her husband's death, saying she had met with a great loss.

On Monday evening (my former visit) Mr. Chapman was not as well as in the morning. I can't say that he threw any thing up-he appeared rather to be attempting to vomit. The intervals between the attempts to vomit were about fifteen minutes. The spells would continue about ten minutes. I heard him say-"I cannot live so."

Mrs. Chapman said something to me about the cause of his illness, I think on Tuesday morning. She said, " you recollect that he ate heartily of beef-stale beef. He has not been well since he ate that stale beef." She said this to me in my

room.

There was some beef eaten within two weeks before the time she spoke of it. At the time she told me this, I had not said any thing to her about the sickness of her husband. I had seen Mr. Chapman after he had eaten the beef, and he complained of no illness.

Cross-examined by Mr. Brown.

I think it was on Tuesday afternoon I went to Bristol. On the Saturday I left Mr. C.'s he walked with me across the road to Mr. Boutcher's. I don't recollect Mrs. C.'s asking me to go in and see him on that day.

The medicine, given by Mrs. C. to her husband, increased his vomiting. I am the individual who left his name, requested to be sent for, in case of an investigation.

DR. JOHN PHILLIPS, tenth witness for prosecution, sworn.

I have been called to attend Mr. Chapman's family at various times within the last year. Although I saw Mr. C. in his last illness, first and last, yet I saw very little of him; the greater portion of what I did see of his case, was ten or twelve hours before his death, when he was unable to give me any history of his feelings · or his sufferings-I called to see him on the 19th of June, 1831. He appeared on that day to be labouring under very slight symptoms of indisposition. I paid him a very short visit; and advised some very mild course of treatment, I do not recollect what. I left the house very soon, under the impression that any further attention from me was unnecessary. On the Tuesday following, I received information from some source, that Mr. Chapman was much worse. I did not visit him until the following day, as I had no intimation from the family. On the afternoon of Wednesday I called at the house in company with Dr. Brearly; I went to his room, and was very much astonished to find him in articulo mortis (in the article of death). I have some recollection of his symptoms, but not very distinct. His extremities were cold and clammy-his pulse creeping, and barely perceptible-the skin upon his extremities appeared to be collapsed, or shrunken-his hearing entirely gone, which I was particularly struck with:-his countenance evinced a good deal of anxiety, and he seemed desirous to know whether he should or should not recover. His senses were so far impaired, that I could not make him sensible of what my opinion was. I procured a slate, but could not make him understand by writing. This was while remaining with him during the night. Another symptom was a discharge per anum, of sanies or bloody serum-I think involuntary. I laid down during the course of the night, desiring to be called, if any alteration should occur. I do not recollect how long I was absent from the room, but came in some time before his death, which occurred about five o'clock, A. M. He appeared rather calm an hour or two before his death, and expired in rather a comatose state. These are my most permanent recollections. The length of time before any inquiry made, was so great, that they have almost escaped me. Mrs. Chapman was in the roomn-Mina, I think, was also, but cannot say how often, or how long.

I took his disease on Sunday to be a mild attack of cholera morbus.-That was my impression-how I received that impression I cannot say. I do not know that

I received it from any thing said by any of the family. I do not recollect that he was vomiting.

I had a conversation with Mrs. Chapman on Wednesday, respecting his disease. I asked her what had been his former habits and diseases. She told me he had been subject to occasional attacks of vertigo, and that he had once been so much affected that he had fallen down with what were supposed to be apoplectic symptoms. I was not perfectly satisfied then as to the cause of his death, and I am not yet. Cross-examined by Mr. Brown.

I have no recollection of being there on Tuesday. I think Mr. Chapman said a beefsteak would do him more good than any thing else. When I visited him the last time, I prescribed stimulant applications, as he seemed to be sinking very rapidly. He kept medicines about his house. I saw no want of tenderness to him on the part of Mrs. Chapman. She left the room on Wednesday night at my request. I brought her and the children into the room as his dissolution more nearly approached. There was nothing at that time in her conduct unbecoming a wife.

By the Court. I was very much at a loss to account for his death. I have no personal experience of poisoning by arsenic. If arsenic had been administered, it would, I think, have accounted for some of the symptoms, and I am not prepared to say it would not account for all. But I am not prepared to say, that natural causes and natural disease might not produce the same symptoms. No symptoms can give any stronger evidence of poison than probability.

Mr. Chapman was a corpulent, short man-not robust. The symptoms I have described are much those of Russian cholera. Such symptoms might have been exhibited by a violent case of common cholera. (Adjourned.)

Friday Morning, February 17.

DR. ALLEN KNIGHT, eleventh witness for prosecution, affirmed.

On Tuesday, the 21st day of June, I went to see Mr. Chapman. I found him very ill; he complained of a burning sensation in his stomach, and of vomiting and purging. His extremities were cold as high as his knees, and his mouth dry, with considerable thirst. I ordered calomel in small doses, and some other things-I do not recollect what. The calomel was objected to by Mrs. Chapman and Mr. Chapman. I staid about an hour, and then left. I returned next morning, and found Mr. Chapman considerably worse. He was entirely deaf. He was also delirous at times; a symptom which I did not perceive before. He complained as he did on the evening before-I ordered mustard plasters to his feet and hands, and some other things, I do not recollect what. The patient appeared to get worse from that time until he died. I was called about seven o'clock in the evening-(I live about a quarter of a mile from Mr. Chapman's.) I found Mrs. Chapman in the room. I called about eight o'clock on Wednesday morning. I did not inquire whether the calomel had been given or not. I do not know that any thing was given that was prescribed. I never saw a case exactly like his before death. I did not perceive any particular appearance after death. I observed the skin was coloured in different parts, under his eyes particularly, and under his ears. I saw no part of the body except the face-it was dark. On Tuesday evening he had no fever-his pulse was small. Fever does not universally follow cholera morbus, I have seen cholera without fever, Mrs. Chapman did not attribute any cause for his disease in his presence. I do not know on what ground she objected to the calomel. I was twice there on Wednesday. Something was said on that day about sending to the store for medicine, which I had not with me.

Cross-examined by Mr. Brown.

There was medicine sent for by my direction, on Wednesday, to Jesse Vandegrift's store. Laudanum was sent for-I do not know what else. I prepared the calomel at the time I directed it. I did not see it given. I have no reason to say why they did not give it.

I have practised medicine since 1827. The cholera morbus was not frequent in our neighbourhood. I saw Dr. Phillips there on Wednesday-he was not there on Tuesday. I did not on that day hear him complain of his head. I did not examine what he cast up. I do not know that he was salivated. I ordered him five or six doses of calomel on my first visit. Ice and vinegar were applied to his head on “

Wednesday. He at that time complained very much of his head. I do not believe he was afflicted with a disease of the heart. I attended him regularly from the time I was first called. Mrs. Chapman absented herself more on Wednesday than I thought right. I do not remember her saying that she had no servant. I saw a coloured woman there that evening. Mr. Bishop was there. I do not know that he attended Mr. Chapman. I do not recollect how many visits I paid. I cannot tell what kinds of medicine I prescribed, they were not all of an active character. I do not know that Mr. C. had any reluctance to take the medicine. I have attended on the family before.

I made no particular examination of the body. Mina came after me on Tuesday evening. I was not sent for at any other time. I paid four or five visits from Tuesday to Wednesday. I saw Miss Kimble there on the first visit-I don't remember calling her over there. It was about 8 o'clock in the morning that I saw the spots (on the face). I attended Mina in one or two instances. I do not know who sent for me on Tuesday. I do not recollect that Mr. Chapman said any thing about the improbability of his recovery. On Wednesday evening Mrs. Chapman asked me if ' it would not be proper to inform him how near he was to his end. It is an unusual thing for such spots to appear so soon after death. I cannot account for his death. From any thing that I saw, I do not know that medicine had any effect on him. I cannot account for the spots below his eyes. Mr. Chapman's habit and make of body was of an apoplectic character. I was not acquainted with his constitution. The symptoms that I observed were not apoplectic. Apoplexy was not the cause of his death, in my opinion.

BENJAMIN BOUTCHER, twelfth witness for prosecution, sworn.

I was called between the hours of nine and eleven o'clock the night that Mr. Chapman died. When I went in the entry they were about getting supper. Mrs.

Mr.

C. took a candle and lighted me up to where he lay. He seemed uneasy. Bishop was standing by his bed-side. I walked round, took him by the hand, and asked him how he felt; he gave my hand a squeeze, and looked at me, but did not speak. Mrs. Chapman said he was hard of hearing. She spoke to him, and said, "this is Mr. Boutcher." She then went down stairs. I sat down with Mr. Bishop. Some time after he called out—Mr. Bishop then got something off the mantel-piece for him to drink-he took some of it. I asked Mr. Bishop what it was; he said it was gruel. Mr. Chapman then had a restless spell again-seemed sick-attempted to vomit, but did not discharge any thing. He lay easy after that. Dr. Phillips and Mrs. C. then came up, and Mr. Bishop went down. Mrs. C. was telling Dr. Phillips that Mr. C. had got out of bed, and fell and hurt his knee. Mr. C. then had another bad spell. Mrs. Chapman said she was drowsy from waiting on him—and while she went for the mint bottle he got up and fell. Mrs. C. left the room, and returned in a short time with three or four glasses of lemonade; she gave one to Dr. Phillips, and one to me; and Dr. Phillips said she should give the other to Mr. Chapman. She raised him up and he drank it, saying it was "fine." The salver and tumbler were handed to me, and I set them on the table. Mrs. Chapman said she was very tired, and would go and lie down. Dr. Knight came in before she went out. She mentioned to me if she was wanted, to give her a call. That was a little before 12 o'clock. Dr. Phillips said he would lie down. Mr. Bishop lighted him to a room-he left orders for us to wake him. At two o'clock he was failing fast; I called Mrs. Chapman, and Mr. Bishop called the doctor. Mina was in the room where Chapınan lay; he asked me if I would not lie down, I consented. He then lighted me up to his bed-room, which was over that in which Mr. Chapman lay. I lay one hour or more. Mr. Bishop came up and said Mr. Chapman was dead. went down, closed his eyes, and put a handkerchief around his jaws. They asked me to lay him out-I went home and sent for David Gando for that purpose he did not come. I then laid him out. Dr. Phillips, Mr. Bishop, and Mina were in the room. Mina shaved him-he seemed stiff. I tore the shirt down the bosom-there was a bruise on his right side, which I pointed out to Dr. Phillips-he said he expected it was occasioned by a fall. There was another bruise on the knee, and one on the right shoulder. All these marks were on the same side. His neck was

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a little blue-there was a purple mark about the ears also. His nails were purpled before his death.

Previous to his death, Mina took out his watch, and said Mr. C.'s pulse beat 55 to a minute-after a while he said it beat 45. I asked him how many beats there were

in a regular pulse? He answered, he had studied medicine two years. I said I did not think he (Chapman) would live to see sunrise. Mina said, "when I was sick, Mrs. Chapman did wait on me night and day, and prayed for me." He then pretended to cry; but I saw no tears. He then asked me to go down and take some drink. I went down stairs.-Mrs. Chapman asked me to stay to breakfast (this was after the decease of Mr. C.) Dr. Philips told her that I could give her instructions about the burial. She wished him to be buried in the usual form. She said he had relations near, but she had not. I took upon me to invite their friends to the funeral. I saw a change in Mr. C.'s face after death-it became dark. The body was very stiff one hour after death. I was surprised at it. There was a discharge from the body, of a dark green colour.

My ducks had been in the habit of going to Mr. Chapman's. They were there on Tuesday, the 21st day of June, between two and three o'clock. As I was going to the shop, I looked over towards Mr. Chapman's, and saw the ducks coming towards home. They seemed to be worried. They came in a row, one after the other. I had a fair sight of them, between the shed and the house. I saw Mina, standing by a buttonwood. The ducks came beyond where he stood, about ten yards. Be'fore the ducks came through into the road, one of them fell over, dead. The rest came through the fence where the waste water emptied, and then another fell over. When they got nearly across the road, another fell over. One of my boys came out, and I told him to take care of the ducks-I went in the shop. After a little while the boy came to me and said that another was dead, and he thought they would all die. I told him to bury them. There were between twenty and thirty, that died that day and the next. They were young ducks. They were of two different broods. I think it was a dry day. Four of the ducks could not get through into Mr. Chapman's yard; those did not die. My wife said, that fish-water would kill ducks; I told her I thought they had been poisoned. They were all stiff.—I had chickens at the same time, but I think none of them went into his yard. I believe it is not a common thing for ducks to fall over and die. I never kept any before.

The drain from the kitchen is in that yard-I believe it is covered, near the pump, and above it. The drain passes through under the fence, where the ducks passed through. My house is 60 or 70 yards from Mr. Chapman's.

I do not know that Mina had any birds at any time. I heard that Mr. Chapman had the cholera morbus. Dr. Knight said he had some symptoms of that disease. My wife sold a chicken to Mrs. Chapman during the illness.

MRS. SARAH PALETHORPE, thirteenth witness for prosecution, affirmed.

I staid with Mrs. Chapman on the night of June 23d. I went up to see the corpse -it was very offensive ;-I went to Mrs. C.'s chamber, and asked if he was in a state of mortification when he died, he was so offensive. She said she did not know. I said, you and the children had better take leave of him to-night, he will not be fit to-morrow. She answered, she had seen him, she did not want to see him. I asked her if I should take the children; I think she said yes, but I am not sure. I then took the children. Nothing took place that night worthy of notice. Next day, I said there must be some person to walk with her from the carriage to the grave; I asked her if she had a relative or a friend. She said, "why would not Don Lino do?"-I said no. She asked me why. I said, he was a stranger, and under size. She then said, “could he not walk with Mary?" (her eldest daughter.) I said, I I saw no impropriety in that. We went to the funeral. Mr. Knight walked with her. I saw Lino on the day of the funeral. I had the charge of the house that day. I asked for sugar, and was referred to Lino-he had a bunch of keys-he gave me the sugar. MRS. SOPHIA HITCHBOURN, fourteenth witness for prosecution, affirmed.

I called at Mrs. Chapman's about three hours after the funeral. I asked her if Mr. C. did not die suddenly. She said he did, he was only sick five days. She said he died with the cholera morbus, she believed. I asked her if he had his senses when he died-she said she believed he had. I asked her if he was sensible that he was so near his end. She said she did not think that he thought he was so near his end, for the doctors gave him great encouragement. She then went on to state how he was taken. She said, he came in from the garden, and complained that he was hungry, and asked if supper was most ready-she told him it was not ready, but there was some nice smear-case on the table, and he could go and take a saucer full of that. He did so, and ate very heartily of it. They had supper directly, and had some fat pork which he was fond of, and ate heartily of that. After supper they went

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into the parlour together—while they were talking he complained of feeling very unwell at the stomach; he thought he would like to take a spoonful or two of spirits— he did so, and felt better. Afterwards they sat there until near ten o'clock; they then retired, and both went to sleep, as she supposed, for she did herself. Some time in the night, between twelve and one o'clock, he spoke to her, and told her he felt in great distress; and wished her to get up and get him some peppermint; she got up to get him some, and went to the medicine chest, and it had been misplaced, and she did not find it until he had taken to vomiting. I think she said in the morning, she sent for Dr. Philips. He gave him something that helped him a good deal. The doctor called the next day and found him much better; he then said he might eat some chicken soup. She had a chicken killed and made some soup and gave him a bowl full, of which he ate very heartily and went to sleep. When he awoke, he told his daughter Lucretia to go down and tell her Ma that he wanted some of the chicken of which the soup was made. She took the plate that had the chicken on and sent it up by her daughter Lucretia, whom she told to tell her Pa that he might eat as much of it as as he wanted. When the plate was brought down, he had eaten all of the chicken except the neck. He was taken worse soon after that, and vomited until he expired. Dr. Knight was in the room-he and Mrs. C. were conversing about Don Lino-she told Dr. Knight that this young gentleman who was with her had convulsion fits, she thought, and she wished him to prescribe for him without his knowing of it, as he had great objections to taking medicine from the doctors-he had studied medicine himself two years. The doctor asked her some questions, and she said she thought that dieting would be of service to him; if he would prescribe, she would see that he was paid; he was a gentleman that was immensely rich; his father t was governor of California, his mother lived in Mexico, and his grandfather owned a silver mine. This conversation took place after the funeral.

I saw Mrs. Chapman at her house, about a week after Lino had left her to go to Boston. She said nothing of him, except that he had left her without paying for his instructions; she expected he would remit the money from the north.

Ten or twelve days afterwards, between nine and ten o'clock in the evening, Mrs. Chapman came to my house after I had retired to bed. I came down stairs, and she apologized for calling so late-she understood that I wished to see her, and her son did not tell her of it until after eight o'clock. She asked if Mr. M'Ilvaine and Mr. Reeside had called at my house that day—she understood they did, and she thought it probable they had left some message for her. She asked me if I had seen any thing in the papers respecting the gentleman who had been with her learning the English language the governor's son, of Mexico.-She was informed there was an advertisement of his being robbed of his pocket-book in Washington or Baltimore. I told her I had not seen any thing of it, but I had heard of it. She asked me if I would lend her the newspapers for a week or ten days past. This conversation was on the Thursday evening of the week preceding that on which Mrs. Chapman went away. On Monday morning of the next week, I had a little conversation with her at her house. She asked me if I had seen any account in the paper of Lino. I told her I had been informed that he was arrested in Boston on suspicion of poisoning her husband. She says, is it possible! She said, she had never heard of it. I told her I was informed that she was married to him in ten days after her husband's death. I asked her if she had any idea that Lino had poisoned her husband? she said she had not. She asked me if her name was in the paper-she said she hoped not. I told her I was surprised she could have done such an imprudent act. She made no

reply for a moment. I told her they must be facts, or they would not dare to publish them. She then acknowledged that she did marry him, and stated the reasons why: he was very rich, and she thought he had a great disposition to go travelling, and therefore she thought it was best for her and her children's sake. The conversation was then dropped.

Cross-examined by Mr. Brown.

I live within half a mile of the place. I have been there on a visit, ten or twelve weeks. I saw nothing improper in her conduct. She was very economical. She was the owner of that establishment. She told me that Mina was to pay her a large sum of money for his instruction. It was in answer to my question that she told me that he had gone away without paying her. When she said she hoped her name was not in the paper, she said it would have an effect upon her character. (Adjourned.)

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