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The following named persons were severally sworn or affirmed.

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The Grand Inquest of the County, at the last Court of Oyer and Terminer, returned to this Court a bill of indictment, charging the prisoner at the bar with the wilful, deliberate, and premeditated murder of William Chapman, by administering poison. To this indictment she has pleaded not guilty, and has put herself upon her God and her country for trial. You, gentlemen, constitute that country, and you have just been solemnly sworn or affirmed to decide upon her guilt or innocence according to the evidence that may be adduced before you. In fulfilling this duty, so solemn and sacred in its character, you will no doubt be governed solely by a strict regard to the public justice of the country, and the maintenance of those laws, which alone can secure us in the enjoyment of our lives, our liberty, and our property. The crime of murder has occurred so frequently in this county within the last few years, that it is calculated to awaken the fears of the community, and to render it imperiously the duty of jurors to carry into execution the laws of the Commonwealth, without regard to the consequences that may follow a verdict of conviction. Scarcely, indeed, has more than one year passed by since there was placed at this bar, upon his trial, a brother charged with having imbrued his hands in the blood of a brother. In the same bar, and before a jury of the same County, there is now about to be placed upon her trial, a wife, charged with having been the destroyer

and the murderess of her husband.

Incredible as it may appear, that a crime so heinous in its character, and evincing so much profligacy and depravity of heart, should have been perpetrated within the limits of this peaceable and moral community; nevertheless, the evidence which we shall lay before you, will irresistibly lead you to the melancholy truth, that the prisoner at the bar is guilty of the offence with which she stands indicted.

The indictment which you are about to try, contains three counts, and charges Mrs. Chapman, jointly with another, with the perpetration of this murder. She is indicted as a principal in all the counts. A principal in the first degree, is one who is the actor or absolute perpetrator of the crime. I will not now trouble you with the law relative to principals, as it will be fully detailed to you in the future progress of this case; but will proceed to disclose to you the evidence which will be offered in support of this indictment, and to which I now ask your serious and undivided attention. It appears that some time in the month of May last, about twilight, there appeared at the door of Mr. Chapman's residence a stranger calling himself Mina, and asking permission to stay the night. Representing himself as the son of General Mina, and as being poor and friendless, in a strange land, the permission was not only granted, but he was seated at the family board and partook in other respects of the hospitality extended to him by the unfortunate husband of the prisoner at the bar. He prolonged his stay at Andalusia, where Mrs. Chapman soon contracted that ill fated intimacy with him, which alone could have induced her to conspire against the life of her husband, and which is not only about to bring upon her own head the vengeance of the law, but must, in some measure, entail misery and disgrace upon her innocent and helpless children. The evidence will disclose such a scene of profligacy and immorality as has been seldom witnessed in this, or indeed in any other country. Immediately after this stranger had taken up his residence in the family, Mrs. Chapman virtually divorced herself from her husband. She treated him with the greatest cruelty and indignity, and not only reproached him with the most opprobrious epithets, but repeatedly expressed a wish that he was gone. In fact, all that affection and kindness which a wife should entertain for her husband, seemed to have given place to the most deep and bitter hatred. Entertaining this dislike of her husband it is not surprising that she should have formed an illicit in- ' tercourse with this person, who had thus introduced himself into her family. The

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evidence will leave no doubt upon your minds that such an intimacy had existed between them for some time previous to the death of her husband. So wanton was her conduct, and so openly and shamelessly manifested, that it attracted not only the observation of her neighbours, but of her own children and family. The maid servant left the house in consequence of the gross impropriety which she saw, and Mr. Chapman, the husband, not only ordered Mina from the house, and complained of the ill conduct of his wife, but wept bitterly over the misery and disgrace, which she was almost daily inflicting upon him. Having laid before you this testimony, we think that we shall have assigned a motive for this horrid transaction, and have satisfied you that Mrs. Chapman was possessed of no moral principle sufficient to restrain her from the commission of the dark and nefarious deed with which she stands charged.

We will endeavour to show that a conspiracy existed between these individuals to poison Mr. Chapman. Mina, on the 16th of June, was in the city of Philadelphia, and we shall be able satisfactorily to prove to you that he at that time purchased of a respectable druggist a quantity of arsenic. He stated that he was making a collection of birds, and that he wished the arsenic for the purpose of using it in their preparation; whereas the evidence will be clear and positive that he, at that time, could not have been engaged in collecting birds. The next day after his return to Andalusia, Chapman was taken sick. This sickness, when first taken, was of so slight a character that the physician who saw him, on the 19th, did not deem it necessary to visit him again. He grew better, and on Monday, the 20th, Mrs. Chapman prepared for him some chicken soup, which she took from the kitchen to the parlour, for the purpose, as she stated, of seasoning it. When the soup was taken to the parlour, she and Mina were the only persons left in the room. We shall endeavour to prove to you by the declarations of Mina, that Mrs. Chapman at that time took the poison and mixed it with the soup. It was taken to Mr. Chapman during the morning, and he took a small quantity of it; the remainder was thrown into the yard. In the evening of the same day, the chicken of which the soup had been made, was taken up to him, and a very small portion was eaten; the remainder of this also was thrown into the yard. The next day, the ducks of a neighbour, which had been in the yard where the chicken was thrown, died in a very sudden, and at the time in a very unaccountable manner. Immediately after taking the soup he grew worse, and complained of a burning heat in the stomach. He said that something appeared like fire in his stomach, and that it was the seat of all his misery and pain. In fact, every symptom of his disease indicated that arsenic had been administered to him. On Monday evening he was visited by a friend, who found him in a great deal of pain, and suffering for the want of attention. He made a particular request, that this person would remain with him that evening and take care of him, as his wife neglected to pay him any attention. This friend stayed with him, as requested, until nearly 11 o'clock, when Mrs. Chapman came into the room and requested him to retire. He however, before he retired from the room, requested her to send for a physician. She declined doing so. He again earnestly besought her to permit him to go for a physician, but she persisted in refusing, although her husband was then so ill that it was doubtful whether he could survive till morning. No physician was sent for until a very late hour on Tuesday evening, when Dr. Knight was called in. Mrs. Chapman however refused to administer his prescriptions, notwithstanding she was particularly enjoined to do so by the physician himself. He lingered until the morning of the 23d, when he expired; and on the 5th of July following, she married the individual with whom, it is supposed, she conspired against the life of her husband. Three months after his decease, circumstances having occurred which induced a suspicion that he was poisoned, the body was disinterred, and a chemical analysis made of the stomach by two distinguished chemists of Philadelphia. In the opinion of these chemists, as well as in the opinion of the experienced anatomists who examined the body, the death of Mr. Chapman was occasioned by the administration of arsenic, and not by cholera morbus as had been alleged.

In addition to this testimony, we shall also lay before you a letter of Mrs. Chapman, in which certain expressions are used, which will leave but little doubt upon your mind, that they have reference to the crime of which she now stands indicted. Her conduct in various respects, furnishes, when taken in connexion with the other circumstances of the case, very strong presumptive evidence of her guilt. Such for instance, as assigning different reasons to different individuals, when interrogated,

as to the cause of her husband's death; treating him with so much cruelty and neglect during his sickness, as induced him to complain to the rest of his family, that he believed his wife wished him gone; and finally flying from the county upon the first intimation that she was suspected. These circumstances will all be proved to you, and will, I have no doubt, be sufficient, independent of the positive testimony, to enable you to render a verdict of guilty.

The case does indeed afford another striking proof of the truth of the line, that “blood, though it sleep a time, yet never dies.”

Wednesday Morning, February 15,

TESTIMONY FOR THE PROSECUTION.

MARY PALETHORPE, affirmed.

(Witness is about twelve years of age.) I lived last May, at Mrs. Chapman's. A person came there about dusk. He said his father was Governor of California-told this to Mr. and Mrs. Chapman, Mr. Foreman, Mr. Ash, Mr. Cruiser, and the chil dren. He called himself Lino Amalia Espos y Mina. He asked to stay all night. They permitted him to do so. They took him down to eat with us-I don't know exactly who took him down. I could not understand distinctly what was saidMrs. Chapman appeared to understand him the best. He said he slept at the tavern below-they told him at the tavern he could not stay there all night. He had on a light suit and a roundabout. When he asked to stay all night, Mr. C. told him there was a tavern above there-Mrs. C. said, I think we can lodge him to-night. This was all-that passed that night, that I recollect. He lodged in a nice room, and had a feather bed-his room was not in the garret, but it was a room like a garret. I think he said he came from Santa Fe de Bogota-he said his father sent him to France with a Doctor; the Doctor died in church with a fit-he said the people of France came and took his trunk, which had a good deal of money in, and the man's too; and told him he was only the man's servant. The next day, or day following, after he came, Mrs. Chapman and Mr. Ash went up to Bonaparte's with him. I don't know when they got back. There was no change made in his dress that I know of, the next morning after he came. I was away about a week from Mrs. C's. Mina was there when I returned. I could not say exactly, there was any change in his appearance. I saw Mina and Mrs. Chapman together often. Mina used to have fits, I believe. When he had them we would all be in the room; when they were going off, we were all sent out of the room, except Mrs. C.-She staid in. I did not think he had fits at all. Sometimes he would lie still, sometimes not; he would get up and walk about after he had a fit. I have known Mina and Mrs. Chapman go into a room together and shut the door-I do not know that they closed the windows. I don't think she treated her husband right-She called him a fool, one Sunday, as we were going to church: this was after Mina had come there. I do not recollect a dispute that took place at the breakfast table. I recollect there was a difficulty between them in consequence of his neglecting to call the people to breakfast. I could not tell it exactly as it was-she told him to call them to breakfast, and he did not go right away; we were going to have prayers: because he did not go, she said she would not have prayers, and they sat down-she took the prayer book and locked it up. I think we had prayers afterwards, but none on that day. The person in the bar is Mina. They rode together more than once, sometimes a long, and sometimes a short time. They rode sometimes alone, and sometimes with other persons-can't say how often they rode alone together. When Mina came to

the house he spoke bad English-I could not understand all he said.-His conversation appeared to be addressed to both Mr. C. and Mrs. C.-Mrs. C. conversed principally with him. I can't say how long this was before Mr. C.'s death.-I think Mr. and Mrs. C. had a difference about the horse and carriage-I can't say exactly what it was something about Mina going to town: Mina wanted to go to town. Mr. C. said he should not have the horse and carriage Mrs. C. said he should. I think he did go: Mr. Bishop went with him. Mr. C. gave no reason that I recollect, for not letting him have the horse and carriage. I cannot say how long this was after Mina came to the house. I went to Mr. Chapman's to school. Mr. Bishop came there to be cured of stammering-he said he came from Vermont.-I do not know where he is now. There were five scholars there-Mr. Cruiser, Foreman,

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Ash, Fassit, and myself. I never heard her (Mrs. C.) make use of any cross language to Mina.

Cross-examined by Mr. Brown.

came.

I was at school at Mrs. Chapman's six weeks altogether. Mrs. C. had the chief management of the school. I think I had been there about two weeks when Mina I commenced school in May. He arrived on 19th May, I believe; about dusk. I was in the school-room down stairs-Mr. C., Mrs. C., the scholars, and the children were with me. Mr. Foreman went to the door when Mina knocked. Mr. F. came in and told Mr. Chapman there was somebody there wanted to see him. Mr. C. told him to come into the room. Foreman brought him in. I don't know exactly what Mina said, but he asked for a night's lodging. Mrs. Chapman replied, she thought he could stay there all night. Mina said they had refused him lodging at the tavern below. Mr. C. said there was a tavern above. Mina said he came from Philadelphia that day, and was going to Bonaparte's, for money, I believe. I don't remember he said he had been at Bonaparte's. I don't remember his saying how he came to this country from France-I think he said he had been very ill-I don't remember his saying he had been subject to fits. He said he had been cupped. I was in the room with them till supper time-then I left the room. I was present again that evening when they were together. I don't think Mr. C. showed much interest in him after he told his story. Mr. C. did not refuse him permission to remain. No wayfaring strangers stopped there while I was there. There was no room in the house called the beggar's room. Mr. Ash drove the carriage when they went to Bonaparte's. I believe Mina went for money—he expected to get it from Bonaparte. They set out directly after breakfast-I don't know where Mr. C. was when they started-I was in the piazza. I don't know of Mr. C.'s objecting to their going. I recollect Mr. C. writing letters to Mina's relations-his father and mother. I was once in the room when they were writing letters. Mina was in the room and took charge of the letters-he said he would take them to Philadelphia. He did not say he would take them to the consul for the purpose of sending them to his father. I have heard them speak of the consul. Mrs. C. accompanied Mina to town when he took some of the letters. I did not understand from them that they had been to Philadelphia for letters. I think they said they went to the consul's (Col. Cuesta). I believe they mentioned it to Mr. C. I don't recollect what Mrs. C. said, took place. She said Mina dined at the consul's-I do not remember that she said she understood at the consul's that Mina was a distinguished man in his own country. I observed a change in his dress while he was at Mr. Chapman's-he had a new suit of clothes-the first suit was brown. I do not remember Mr. Chapman ordering him a suit of clothes. I remember his getting a suit of black; he said his sister had died. I don't know where he got it, nor that he applied to Mr. C. to get it for him on account of his sister's death.

Re-examined by counsel for prosecution.

The carriage they went in to Bonaparte's had a fall-back top-I never saw any letters from the Mexican consul to Mina-I live in Bensalem, two and a half miles from Mr. Chapman's.

ELLEN SHAW, second witness for prosecution, affirmed.

I lived at Mr. Chapman's last April a year, and left there last May. Mina came in the evening, and asked for victuals and lodging. I was milking when he came the dog met him, and I called the dog away. He then came in, and was going to the kitchen: I told him he could not get in there, and he had better go on the piazza.— So he went up, knocked at the door, and asked Mr. Chapman if he could stay there all night. Mr. C. advised him to go to the tavern; Mrs. Chapman took him into the room and got to talking with him: so they consented to let him stay all night. The next day she had a talk with him, and concluded to let him stay a few days till he got rested.

A day or two after, he wanted to go to Bonaparte's-she concluded she would go along with him in her carriage. They went in the morning, and came back in the evening.. After they came back, she said, she had concluded to let him stay three years; she was going to teach him English; and he was to give her $2,000 a year. I told her she had better let him alone; that he was a Spaniard, and a body did not know what he might do. She said he was a fine young man, and she was going to take him in as her own son; that she would be a mother to him, and her children would be sisters and brothers to him. After that, Mrs. Chapman and Mina were in the room together almost all the time. A few days after, they went to town; they went

on Monday morning, and it was expected they would be back on Monday night; they did not get back till Wednesday night. Mr. Chapman was dreadfully uneasy about their going away. He said he was really afraid there would be murder either on his own side or on Mina's-this was on Tuesday night, when they did not come home Mrs. Chapman gave Mina some of Mr. Chapman's fine linen shirts-she gave him one the night he came there, I believe. She gave him a suit of blue clothes. They went to town together, and he got a black suit, but whether she gave it to him I cannot say. I don't know that I ever heard Mr. Chapman say any thing to Mrs. C. respecting her conduct. I have heard Mrs. C. tell her husband she was mistress in her own house, and she would do as she pleased. I have heard her say so several times. This was said after Miña came there. I don't know any more than that they used to be together. I was in the kitchen, and they were up stairs. They used to be together all the time-I used to see them kiss each other this was before the death of Mr. Chapman. I left there about two weeks before he died. She used to be up in his room a good deal. I don't know that I know any thing else. Mr. Chapman slept in the room where he always did, after Mina came to the house. Mrs. Chapman also slept in the room where she always did. I can't say that all the time I was there she slept in the room with Mr. C. There was one night when he had fits, that she was up with him all night. No other person was up with him. I have often seen her in Mina's room; I have seen her there in the evening and in the day time, and especially when he would have those spells. I have seen her in the morning come down stairs. I have seen Mrs. C. sitting on Mina's bed. I saw her do this in the evening about 8 or 9 o'clock. No other person was in the roomMina was lying upon the bed at the time, whether dressed or not I do not know. Mrs. C. had on her night-clothes. I saw her at another time in Mina's room in the day time-I went to ask her what kind of a poultice I was to make for the old gentleman's face-Mr. C. wanted me to make a poultice, and I did not know what kind to make. I did not speak to her then; I came away from the door, and went and made a bread and milk poultice. I did not like to disturb her, as she was sitting there talking. She said nothing to me. I once went out riding with them. My reason for leaving there was, there were things I did not like to see; her proceedings and Mina's I did not like; my folks were against my staying there. There was nothing more than what I have mentioned-my folks heard a great deal of talk about them. [This was the reason given why the witness's friends objected to her staying.]

When I went out riding with Lino and Mrs. Chapman, we went to Joseph Wright's, near Bustleton. He was lying in Mrs. C.'s lap nearly all the way, singing love songs. When we got to Joseph Wright's, they went out into the woods together, and were gone for two or three hours. We returned that night. Lino had one of his spells in the carriage, and we had to change seats-I got before to drive, and he got into the back seat, where he soon got better. I drove till we got home. Mrs. C. was behind with me when we first started from Wright's. It was near dark when we started from Wright's, which is about seven miles from Mr. Chapman's. We had gone about a mile when he got the spell.

I left Chapman's the following week. I can hardly describe the spells (of Mina) he behaved so queer. They did not appear to affect his general health. He was soon over them. Mrs. C. generally attended him when he had these fits.

I saw Mr. Chapman after he was a corpse. I went down to see him. 1 saw Mina going through the kitchen as I went in.

Mrs. C. and her husband did not live upon very good terms-he complained. I have heard Mrs. C. scolding him. She spoke pretty harsh sometimes,-she wished he was gone from the house, and would get ready and start ;-she used to tell him she was ashamed of him ;-she said she wished to *** he was gone, for she was tired of him. This was after Mina came to the house. After Mina came, I observed a change in Mrs. C.'s conduct; she seemed as if she was weaned from Mr. Chapman and her family. I one day saw Mrs. C. give her husband a push with her foot. She was very angry, but said nothing.

Cross examined by Mr. Brown.

I have been examined at the coroner's jury; in the (grand) jury room; and once at Cornwell's by Esquire Barker. I don't know that I ever told this story except when I have been called. I have been talking something about it with Mrs. Palethorpe since I came here. I did not tell it to Ann Bantom. I have had no difference with Mrs. Chapman-I thought Mr. Chapman did not settle with me fairly for my

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