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quainted with his sickness, or invited to his funeral; as the two families were at variance; he did this, so that Mrs. Chapman should not be censured after his death. He had told Dr. Phillips the same, and had sent for Mr. Scheetz to tell him also. I then left him. I saw him no more until after he was dead. They had sent for me. The sun was about an hour high when I went. I saw nothing very remarkable in his appearance.

He was a little dark round the ear.

It was Mrs. Chapman's habit to ride out with her pupils. I never saw any impropriety in her conduct.

Cross-examined.

It was three or four o'clock on Sunday when I called to see Mr. Chapman. I could discover no change in him, except that he had more colour in his cheeks than usual. He did not complain. He said he had had a severe attack of cholera morbus, but was better. Mrs. C. was in the room-no one else. Mrs. C. is said to be an excellent teacher. I never heard any one say they saw any impropriety in her. She was considered a moral woman, by all I ever heard speak of her, and she is so in my opinion. I never saw her and Lino riding out together.

REV. GEORGE SCHEETZ, sixth witness for defendant, sworn.

I am pastor of All-Saints Church, about three miles from Andalusia, near Holmesburg. Mr. and Mrs. Chapman held a pew in that church. Mr. Chapman was occasionally there, and Mrs. Chapman very frequently. It was generally attended by her pupils. On the Sabbath on which Mr. C. was ill, I performed divine service in Whitemarsh. Dr. Delancey (Provost of the University of Pennsylvania) performed in my stead. There was a note directed to me, left on the desk, requesting the prayers of the congregation to be made for Mr. Chapman, in consequence of his severe illness Dr. Delancey did not open the note. It is not usual in our church to request the prayers of the congregation, except in cases of extreme illness. I attended the funeral. He was buried not far from the church, on the north side. mention was made of the unusual preservation of the body, it occurred to me that there were three things that might have contributed to it. In the first place, the declivity of the ground.-2d, the nature of the soil, sandy and dry-and, 3d, to which I should attach the most importance, the depth of the grave. I had found fault with our sexton for digging his graves too shallow; in consequence of this complaint he went into the opposite extreme, if such it may be called, and digged them unusually deep. This was the case in this instance. I have been at Mr. Chapman's occasionally. I never saw any thing that gave me reason to suspect the want of harmony in the family.

Cross-examined.

As

The note left on my desk was signed by Lucretia Chapman.-I live 8 miles from Chapman's. I doubt whether I was there from the middle of May till Chapman's death. I cannot say that I have seen Mr. and Mrs. C. together at church, since Mina came there. I cannot say whether they lived harmoniously after that time. I believe Mrs. C. was in mourning at the funeral. I saw her at church after the funeral-she was dressed in mourning. I had conversation with her calculated to console her under her affliction. She appeared much distressed.-Sandy soil would absorb water more readily than clayey. The upper surface of the ground was clayey -3 or 4 feet below, it was sandy. I have rather felt a reluctance to leave here till I have accounted for the difference between Mr. Chapman and his brother. When Mr. W. Chapman purchased the place at Andalusia, Mr. John Chapman suggested to me the unpleasant alienation of affection between the two families. Mr. C. did not state that he was prevented from seeing his brother at his death. Mr. W. Chapman was at 'Mr. J. Chapman's funeral; his family also was there. Mr. J. C. died about three months before William. Some of J. Č.'s family were at William's funeral, but arrived very late.

I deem it justice to say, that I find, by examining my Record, Mrs. Chapman's name on my communicant list, I think for 1826: since when, if any thing had occurred in the neighbourhood calculated to impeach her character, I should have been informed of it.-Mr. C. was labouring under an affection of the head, when he attended his brother's funeral.

I don't think it surprising that spots should have appeared on his face after death. The affection of the head was in the neighbourhood of the ear. I think he mentioned to me at his brother's funeral, that it was with great difficulty he attended, on account of the complaint in his head. I don't remember that he had palpitation of the heart. Mrs. C. communed in the church after her husband's death. Her children

1

and pupils, when examined around the altar, were found remarkably well instructed in the catechism.

JOSEPH MAGOFFIN, seventh witness for defendant, sworn.

I knew Mr. Chapman first in 1817, and Mrs. C. some time in 1818, when they were married. I was his first pupil. I had a bad impediment in my speech at that time-I went to him to be cured. I remained under his care about a year. About a year after that he went out of his house and went to Mrs. Chapman's. She was a teacher. Her maiden name was Winslow. I have been acquainted with them since that time to the present; have visited them—but not since they removed to the country. They lived harmoniously together. Her general character was good; all that I heard against her was, she had a high temper; but I never saw any thing of it. They were both highly moral. She became more and more the active personage of the establishment.

Her character appeared as good since she left the city as before. I have seen her five or six times within the last three years. I saw her once, half an hour, when she called to see me; that was the longest time.

WILLIAM M. GOUGE, eighth witness for defendant, affirmed.

I became acquainted with Mr. and Mrs. C. in 1826. I was well acquainted with them from that time until they went to the country. I never saw any impropriety in Mrs. C. I am not acquainted with many persons who know her; her repute was good, except that I heard she was passionate. They lived harmoniously. I was repeatedly at their house, and attended their examinations.-Mrs. C. was the active personage of the establishment. She has come to my office with her pupils riding with her. I have seen her six or ten times since she left the city, generally on business. My opportunities of knowing her general character were equal to those of knowing that of any other so near the city.

HENRY KORN, ninth witness for defendant, sworn.

I was acquainted with Mr. and Mrs. C. in September, 1826. I knew them intimately. My daughter was a pupil of theirs for six months. Mrs. C. seemed to be the active one of the firm. Her character was more than moral-I thought they were a very religious family. They lived more harmoniously together than people usually do. I have no hesitation in saying her character is good.

ANTHONY M. BUCKLEY, tenth witness for defendant, affirmed.

I became acquainted with Mr. and Mrs. C. in 1825 or '26. My sister had a son who had a very great impediment in his speech, as a pupil there. 1 was a pupil a few weeks myself. They lived in Pine street near Seventh. I was frequently at the school. I never observed any thing but the most perfect harmony at that time. The generality of persons have spoken well of Mrs. C. I never heard her moral character impeached. She appeared to be the active person.

Cross-examined. In 1827, I heard her character impeached on account of ill temper. I have known her since she left the city. Mrs. C. showed me letters from Mr. C. addressed in the most affectionate terms. 1

[Mr. Magoffin was here called again to prove the handwriting of Mr. Chapman in a letter to James Fassit, Esq. Mr. Brown then read the letter, which consists of a bill for boarding and tuition, amounting to $51 25, and underneath, the following note:]

Dear Sir-As it is agreeable to Mrs. Chapman for your son Huson to remain under her care a quarter as you requested, I take the liberty of handing you the bill as spoken of, the payment of which to the bearer, Don Lino Amalio Esposimina, will oblige, Dr. Sir, yr. hble. servt. W. CHAPMAN, for Mrs. C. Andalusia, 15 June, 1831.

FRANCIS C. LABBE, eleventh witness for defendant, sworn. I knew Mrs. Chapman a year before she was married, when she was Miss Winslow. I have been well acquainted with Mr. Chapman. I have been at their house frequently. I taught dancing in their school for four years. They lived very happily together as far as I could see. My daughter was there as a pupil, nearly two years. My acquaintance continued until they removed to the country. Previous to my daughter's going to her school, I made inquiries as to her character. Her character is good.

JOSEPH DIXON, twelfth witness for defendant, sworn.

I reside in Philadelphia. I have resided in Mrs. C.'s neighbourhood. I have

known her between 12 and 13 years. I knew her husband. Three of my daughters were pupils-they continued two years. They lived in harmony as far as I know. I have seen her but once since she removed to the country. There was interchange of visits between our families in Philadelphia. Her general character was good.

Deposition of WILLIAM DUANE, Esq. thirteenth witness for defendant, read. William Duane, one of the aldermen of the city of Philadelphia, being duly sworn, says I was acquainted with Mr. and Mrs. Chapman. I became acquainted with them in 1826, and have known them ever since. At that time they lived in Pine street, about 200 yards from my residence-they lived there several years. I have been at their house twice, and they were frequently at my office. I never saw any thing but the utmost harmony and cordiality; indeed I thought exemplarily so. They were very respectful toward each other, and there was always a sympathetic kindness between them. She held, as well as himself, a highly respectable character, and was entirely a lady in her deportment. She always appeared to be the most active personage of that establishment, which was a boarding school. I had no reason to think that her character was not entirely unexceptionable, although from my local and official situation, I had every opportunity of hearing her character fully and constantly.

Being cross-examined, says-My opportunities of knowing Mrs. C.'s domestic character were limited. My visits to her house were made from curiosity. I never, to my recollection, took a meal in her house. At the outside, I was never at her house more than three times in my life. I knew Mr. and Mrs. Chapman about two years before they left the city. I have not known them since.

Friday morning, February 24.

MISS JANE VALLANCE, fourteenth witness for defendant, affirmed.

I have known Mr. and Mrs. Chapman for many years, but have not had very familiar intercourse with them. My sister and I were pupils of theirs, I cannot say how long. I have not been intimate enough to say how they lived together. I considered Mrs. C.'s moral character good before this affair. My sisters have been at school at Andalusia. I reside in Philadelphia.

MISS CATHERINE VALLANCE, fifteenth witness for defendant, being affirmed, testified that she and several of her sisters had been pupils of Mrs. Chapman-two of them since the removal to Andalusia; and that the general character of Mrs. C. was very good up to this affair.

WILLIAM SHAW, sixteenth witness for defendant, being affirmed, testified that he had known her first about 19 years since, but had never visited her house since her marriage-and that her general character was good while he knew her.

MISS ELIZA VANDEGRIFT, seventeenth witness for defendant, affirmed,

I have known Mrs. C. ever since she lived in our neighbourhood. We were near neighbours, and interchanged visits with each other. I have been at her house for a week at a time. I was there two or three days at the time of the funeral. Mr. and Mrs. C. appeared to live very agreeably together. Her general moral character was good, up to the time of this disturbance. I never observed a want of kindness

between them. I have been at the house since Mina came there.

Cross-examined. I took tea with Mrs. C. after the funeral I did not observe any thing peculiar in her conduct. She was in the room with Mina. I don't think she appeared to be sad. I did not hear her laughing that afternoon. She told me

that Mina had a fit after their return from the funeral, and that he was in bed. I believe she went to see him. I don't recollect whether he was at the supper table. Re-examined by Mr. Brown, We were all in the room with Mina, before he had the fit. He went to bed then, and I did not see him afterwards. The widow of John Chapman took tea there.

WILLIAM VANSANT, eighteenth witness for defendant, affirmed.

I live in Warminster township. I have known Mr. and Mrs. C. about five years. I was a pupil of theirs. They lived in Pine street the first time I was with themthe second time in Andalusia. I remained at Andalusia eleven weeks. Mrs. C. was

the active person in the establishment. I never saw any thing unkind in the conduct of Mrs. C. towards Mr. C. They lived, generally, harmoniously. Her general moral character was very good. We had prayers and reading in the mornings.

Cross-examined. It has been two years since I was at school. her twice since that time; the last time was in May last.

I have only seen

Mr. Brown produced and read three certificates: The first, signed by Hetty G. Dillingham, dated Brewster, (Mass.) Jan'y. 9, 1832, certifying that she resided with Mrs. C. from two to three months in 1818, and that " her deportment toward her husband, was that of a dutiful and affectionate wife."

The second, signed by Mercy Baxter, dated Dennis, (Mass.) Jan. 9, 1832, certifying that she was a scholar and assistant in the school of Mrs. Le Brun, in which Mrs. C. was a teacher, in 1814 and 1815, and that Mrs. C. " then sustained an unblemished character."

The third, signed by Louisa Baker (a niece of Mrs. Chapman), dated Dennis, Jan. 9, 1832, certifying that she had resided with Mrs. C. between four and five years, that Mrs. C. was "tender to her husband," and that "they both seemed to enjoy an uninterrupted happiness in each other's society." [The certificate does not specify the time of her residence with that family.]

The evidence here closed on the part of the defendant.

ELLENOR BOUTCHER, for the prosecution, sworn.

The chicken was sold on Sunday, to Mr. C., about 11 o'clock in the fore part of the day.

Cross-examined. I don't recollect any thing about the death of the chickens, nor when they died.—I never had any ducks to die so before. I said, I supposed fish water would kill them, because they were an easy thing killed.

By the Court. My husband said he thought the ducks were poisoned. I did not think any one would poison them. There had been a complaint of my fowls running over there. Mrs. C. bought a pair of chickens of me.

Q. by Mr. Ross. I have never known ducks to die as these died.

By Def'ts. counsel. I examined one of the ducks, and found its craw was full. Levi D. Vandegrift, called again for defendant.

Last spring a year I had a flock of ducks, and I had a mason building a platform: those ducks came and fed of the lime water, and I think all died but one, in the course of 12 hours. These were about a week or two old.-I think there were masons or carpenters at Mr. C.'s in the month of June.

JOHN A. HELLINGS, affirmed, for defendant.

I had, about four years ago, upwards of sixty ducks, of various sizes. I think we lost them all in the course of 48 hours.

Cross-examined. I have known chickens to die suddenly. We laid the death of the ducks to salt pickle, and found salt in their craws. I have known them very frequently in wet weather to fall over.

Mr. M' Call here read to the Court and jury from the following medical authorities: Manual of Poisons, by Montmahou, pages 8, 11, 13, 14, 15, 17, 21, 38, 50.-John Gordon Smith's Hints, 11, 12.-Principles of Forensic Medicine, 8, 98.-Christison on Poisons, 184, 108-9, 245, 92, 232.-Cooper's Medical Jurisprudence, 424, 426. Amer. Jour. of Sciences, No. 9, 1829, 246, 242.-Beck's Med. Juris. Vol. 2, 218.Orfila, 399.-North Amer. Med. and Surg. Journal, No. 23, July, 1831, 73.-Paris and Fonblanque, 155, 158-9.—Med. Reporter, No. 22.-North Am. Med. and Surg. `Journal, No. 20, p. 302.—3rd Paris and Fonblanque, 295.-Amer. Jour. of Medical Sciences, No. 12, p. 523.-Dr. Yellowley's Transactions, Vol. 4, p. 410.-N. A. Med. and Surg. Jour. No. 19, July, 1830, p. 203.

MISS SARAH GANDO, sworn, for defendant.

I have lived twenty years in the neighbourhood of Mr. C.'s residence, about a mile off. I have occasionally staid at her house, never more than a week at a time. Mr. and Mrs. C. lived harmoniously. I never saw Mina, and don't know that I was there while he was there.-Mrs. C. was the active personage of the house. Before this disturbance, I never heard any thing bad of Mrs. C. They had family prayers twice a day. I have not known her to ride out with her pupils.-I was at Mr. W. C's at the time his brother died. He told me, he thought he was treated very unkindly by his brother's folks-they did not permit him to see him during his sick

ness.

JOHN THOMPSON, affirmed, for defendant.

I was three months at Mr. and Mrs. C.'s school at Andalusia. I left there about a year ago. They lived harmoniously, as far as I know. I can't say what was Mrs.

C.'s general character with regard to deportment before this circumstance. I live upwards of eight miles from the house.

Mr. Willis H. Blayney came in to-day upon the attachment, and was now offered to prove an important point, which Mr. Ross, in his opening speech, introduced to the attention of the jury, as a part of the evidence to be brought out by the prosecution. The Court decided that it was too late to do so; and directed him to pay the costs of the attachment. Mr. Blayney filed an affidavit, previously to this direction of the Court, assigning as the reasons for his absence, the illness of his child, and the urgency of his official duties, as High Constable of Philadelphia. He was then called as a rebutting witness, as to the character of the defendant.

I believe I am acquainted with the general character of Mrs. C. From 1818 to 1829, I have always considered her character good. Since then, I have considered it bad-gradually getting worse. I became a police officer in 1829.

Cross-examined.

I have heard bad of her from 1829.-I have not said within the last week that I knew nothing bad of her-not in those exact words. She lived in my mother's house, and behaved herself remarkably well. My sister has taught music in her seminary for several years. I have said, that if the prosecution expected me to give her a bad character, they would be mistaken; that is, to my personal knowledge, I have never seen any thing but what was right. I have visited at the house of Mr. and Mrs. C. They lived very happily together-I never heard any thing to the contrary. When I speak of her general character, I speak of police report. I can't say I ever heard a good police report. I can't say that Mrs. C. said Lino went to Boston; but from what she did say, I wrote to Boston and New York. I was the first that started this proceeding.

The letter that was sent from Washington, written to Mina, was what first induced me to move in it. I persevered more strongly in it, in consequence of some matters I had heard of Mrs. C.'s character, which I heard from the police. (Mr. Ross objected to any further examination upon this subject.) The report of the police was perhaps a year before this affair. I think I heard it from Mr. M'Lean and Mr. Garrigues.-I call that general character.

By the Court. I never heard any thing against her, except from the police. If I were to find stolen goods in a person's house, or if I knew that counterfeiters had been taken in that house, I would say the owner of the house had a bad police character.

(Testimony closed.)

Friday Afternoon.

Mr. REED, for the Commonwealth, addressed the jury as follows: We may, I presume, congratulate ourselves, Gentlemen of the Jury, on arriving at this period of the cause. It would be doing great injustice to my own feelings and to you, were I to pass by the opportunity, the first that has occurred to me, of expressing the grateful sense I have of the patient and unremitting attention with which you have listened to every part of this painful and protracted investigation. I am fully aware that the tribute from me is worthless, but I cannot deny myself the pleasure of saying, what I am sure not only my colleague, but the gentlemen on the other side will join me in saying, that no cause, whether as respects their Honours on the bench, or the Jury, could have been better tried than this has been, with a more sacred regard for the rights of the parties, or more undeviating kindness and courtesy to every one connected with it I should badly requite this kindness, were I in any way, or for any personal object, unnecessarily to trespass on your time. It is not my intention to do so. I have a specific and an important duty to perform, and keeping in view the solemn responsibility under which I act, and the great interests committed in part to me, and at the same time incidentally looking to your convenience, I hope to fulfil that duty and satisfy my own sense of professional obligation, without meriting a complaint from you.

We are all here under great responsibility, you, Gentlemen of the Jury, their Honours on the bench, our friends on the other side, and my colleague and myself. From it, varied as it is in each instance, none of us are disposed to shrink. We have deliberately assumed, and long before this have fully realised it. The duty you have undertaken is not less distinctly defined than ours. It is with you as with us matter