[Trial convenes about one year after George and Frances Shrouder were arrested for the suspected poisoning of Mrs. Laney Barnard. Frances is the lone defendant.]
On account of the absence of some of the
people's witnesses, they rested soon after the opening of court. The defense
was opened by D. D. Walrath, who spoke an hour and forty five minutes. The plan
of the defense is to cast a reasonable doubt on the people's case as far as the
motive and cause of death are concerned.
Edward Jacobs, the first witness sworn, lives
in Lakeport. Jacobs said: For two years he observed the conduct between the
prisoner and her mother, and it was as far as I know very kindly. On the 28th
[ ?] of September Frances asked me to go after the doctor and I did so----Charles Case, of Chittenango, testified to seeing Frances at Lamphier drug store.
Chauncey Duvaux, on being recalled, said he kept company with Francis before her
marriage for about a year and a half. During all that time, I observed the best of relations existing between her and her mother. She, as far as I knew, always treated her mother kindly.
Libbie Duvaux,.a cousin of the last witness: "I was at Mrs. Barnard's on Decoration day with her cousin. We asked Frances to go to the cemetery with us and she said she could not, as she had to get George's dinner. Mrs. Barnard then said: 'You go and I will get George’s dinner.' Mrs. Barnard seemed to be lame. I have heard her make complaints and she told me that she was ill.”
Anna Bluestone, of Syracuse, who peddles Yankee notions through the country. said: “I have known the prisoner and her mother for about eight years. I used to be in Chittenango often and I stopped at their house. Mrs. Barnard used to complain of her side and heart a great deal, and she seemed to be worse every time I went there. Once I saw her vomit just after eating. Frances always treated her kindly, altho' she was often very cross ----. This kindness of Frances attracted my attention. Some time before Decoration day, when she was ill I heard her say that she would like to take something and lie down by the side of her husband.” On cross examination, she denied that she had ever been ordered out of the house by Mrs. Barnard.
Conelia Hines, the mother of George Shrouder, who lives at Chittenango depot, said: "About a week before Mrs. Barnard's death I was at her house and spent the evening. Everything was pleasant between the prisoner and her mother. At that time she complained of having pain 'all over.’ I was also there at the time of her death, and had to take Frances out by main force, she acted so. A short time before Decoration day I was there and Mrs. Barnard complained of being ‘in pain all over,' and said 'she had as soon die as not and I wish I could.' I have seen her vomit a number of times right after meal. She told me she had a breech and a bunch on her side.” The witness also confirmed a number of other interviews in which the same subjects were spoken of.
Olive R---- corroborated the testimony about the pleasant relations between the prisoner and her mother and about Mrs. Barnard's poor health.
Charles Caldwell said: “In 1872 France’s mother complained of having the rheumatism. Also in 1874 she was lame and complained of rheumatism in her side. During that time the relations between mother and daughter were very pleasant. These relations continued on to 1878. In April of that year I was there all night, and the next morning she complained of pain in the side, and said: ‘If this continues I had rather die than live.’ I know that during the summer of 1877 Frances’ father had arsenic in his barn to kill rats. Mr. Gates came over in the summer of 1879 and asked Mrs. Barnard for some arsenic. She said there was some in the, barn and went out using a cane.”
Lizzie ---- of Chittenango depot, said: “I used to be at Mrs. Barnard’s during 1877 and 1878 often peddling berries. I heard many complaints in which Mrs. Barnard spoke of her ill health and vomiting. Whenever I was there the best of feeling seemed to exist between Frances and her mother. Frances generally did the work. Mrs. Barnard said before one would live and suffer as she had she would take arsenic. She told me this in the same language upon two different occasions.”
George Daharsh, on being recalled, said: “I am a cousin of the prisoners. I was there a great deal between 1878 and 1879 and Frances far as I could see treated her mother well. I was there the Monday that Frances was arrested with [constable] George Merwin. I was present during the whole of Monday night and a short time Tuesday morning. I know that she did not make any declarations to Merwin. On the cross examination he said he “never saw or knew of Mrs. Barnard's using a crutch or a cane. She generally did her own work. I never knew her to have a breech.”
John Hannon, of Chittenango, said: “Had a conversation with Mrs. Sarah Schuyler the day of Mrs. Barnard's funeral. I asked her if she would go to Morrisville to prosecute Frances. She said, ‘I would go to Morrisville on my knees to hang Frances if my testimony would do it. D--m her.’"
Minnie Brownell, of Chittenango, mentioned several visits which she made to Mrs.
Barnard, and when she spoke of her ill health, lameness, pain in her side and stomach.
She also spoke of not caring to live and wishing to die. When George and Frances
were away she told me she was going to get them to come back.” On the cross-examination she admitted she lived in a boarding house known as [West's?] on Railroad Stn.---Syracuse.
Anna Home used to visit at Mrs. Barnard's frequently and for the last five years. She said, “I have known her health was poor, and that she was suffering from pain in her limbs and side. Frances always treated her with extreme kindness and tenderness. Mrs. Barnard told me she wanted to have her return. Frances was always very kind and tenderhearted. I have never seen her mad.”
John ---- of ----, said he had been charged, arrested and imprisoned for stealing, but explained the matter in the redirect by stating that he had only picked up some chips which lay in the road.
Frances Shrouder, the prisoner, was called and said: “I am 23 years old and daughter of the late Mrs Barnard. I have heard all the evidence in this case. My mother’s health for four years before her death was very poor. She had rheumatism. She used to carry my aunt, Mrs. Pope, from the kitchen into the bedroom. About a year before she died, she called my attention to a breech, which was about as large as ----. She complained of pain in her chest, limbs and stomach. She fell down a pair of steps in the last of August 1879. Her body was bruised and discolored from the fall. During the week, previous to her last ---- she was sick, vomiting and having these pains. She sent me for the arsenic to put it on the bedstead. She and I were not in the habit of using it for this purpose.” She described the time and manner of the purchase, and continued: “I know Mr. Lamphier and Mr. Harris were . present when I purchased the arsenic. My mother knew I put it on the shelf in the. kitchen. I slept upstairs and left it there till the next day. When I put a solution of it on the bedstead. My mother was with me. I did not mix, mingle or give her any arsenic. I never had a quarrel with her up to my marriage, and never had any dislike for her. I never told Abram P. what he testified to. I never said I hated my mother.” The prisoner cried at this point and stoutly denied the evidence given both by Sarah Schuyler, and Chauncey Cowden. “The furniture in the house belonged to me, and I worked in the factory. I picked hops and took in sewing to pay for it. The only other property was a team of horses and the house and rig on which there was a mortgage ----.”
The prisoner denied all the important points in the testimony of the officer George Merwin, Anna Bettinger, the boy Lester and E. Daharsh. On her cross-examination she said: “My mother got breakfast Friday morning, I was asleep at the time; George went away about 4 in the morning.”
At this point the court adjourned.
Editor's note:
The trial of Frances Shrouder was postponed one year from the time of her arrest in September 1879. If convicted, Frances Shrouder was facing a sentence of life in prison or execution by hanging.
At time of the Shrouder trial, only one woman had been executed by New York State courts. She was Mary Antoine*, a native American woman, age 21, who stabbed and killed another native American woman in Madison County. She was executed by hanging at Petersboro on September 30, 1814.
For the trial of Frances Shrouder, court convened at Morrisville, New York in October 1880. This delay of trial worked to the advantage of the defendant. As stated in the October 12, 1880 news report, reasonable doubt would be the foundation of the defense argument.
The Cortland Contrarian relied on old newspaper accounts of the arrests and trial. Words that could not be read in the old newsprint were represented as dashes in this post. Microfilm records of this trial may exist in Madison County court records at Wampsville, N.Y.
Defense attorney Daniel D. Walwrath was about 59 years old at the time of the trial. He was admitted to the bar in 1847 and U.S. Circuit Court in 1867. He was a Chittenango village trustee, and was elected village president in 1849. He was supervisor of the Town of Sullivan in 1864 and again in 1876. He was a lifelong resident of Chittenango. He was born March 7, 1821 and he died February 2, 1886.
Prosecutor Charles Kellogg also practised law in Chittenango. He was about 41 years old at the time of the trial. He had served one-term in the New York State Senate (1874-1875). He was born in 1839 and he died in 1903.
Both men were buried at Oakwood Cemetery in Chittenango, Nerw York.
* Murderpedia--Mary Antoine
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