People v. McCraney

6 Park. Cr. 49
CourtCourt Of Oyer And Terminer New York
DecidedDecember 15, 1860
StatusPublished
Cited by2 cases

This text of 6 Park. Cr. 49 (People v. McCraney) is published on Counsel Stack Legal Research, covering Court Of Oyer And Terminer New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. McCraney, 6 Park. Cr. 49 (N.Y. Ct. App. 1860).

Opinion

After the opening of the case by the .district attorney, the first witness called was

Mrs. Elizabeth 8helman, who testified: I reside in Oneonta; am married; know defendant and the family of Mr. MeCraney; I sat up with Huldah Ann MeCraney the Wednesday night before she died; sat up alone; defendant and the family retired about nine; was alone during the night only when defendant got up; she got up as often, I should think, as once an hour all night; .1 did not call her; Huldah drowsed' some during the night, but did not sleep sound; I gave her drinks and some medicine as I was ordered; mostly warm tea and a very little cold water; Mrs. MeCraney fixed some warm tea before she went to bed; [43]*43Huldah seemed to like it best; she always asked for drink before I gave it to her; she drank quite often, in the fore part of the night in particular; she was very thirsty; I asked her where she felt the worst; she said her stomach felt very bad all the while; nothing else in regard to it that I recollect; she had bad spells; she straightened out, threw up her hands, rolled her eyes, and gasped for breath; she was faint when we raised her up. That occurred twice during the night; defendant was there both times; defendant called them spasms or bad spells; she said Huldah had them the Sunday before; did not say how often; I gave Huldah a powder defendant called morphine, and helped defendant give another; the one we gave her was before defendant retired; I gave her the other in about two hours, and another about one o’clock; defendant said the doctor called it a fever powder; she vomited when I gave her the last powder; a short time,after, quite soon, she threw it up; she did not vomit at any other time; seemed to try to do so two or three times; I left, I think, between four and five in the morning; defendant was not up; saw her before I left; defendant called to1 me, and I went to her door; she asked me what I thought ailed her; I told her I could not tell her; she said she thought it was curious what ailed her; she said she thought the doctor did not know what ailed her; she said she was nervous like her own mother; was not there again until after she died; was there the week before I sat up, and also during the day I sat up; I saw Huldah; she seemed comfortable the week before; was there after Huldah’s death and sewed for Mrs. McCraney; when I was there the Monday I sat up, defendant said Huldah seemed to run down after Sunday; that was the first she considered her dangerous; she said she sank right down after taking a croton oil pill on Sunday; she said she gave, it; she sent over to the doctor that something must be done for Huldah, and he sent a pill which she took to be croton oil; she said they had hard [44]*44work to warm her during the night; she asked me if I had ever helped any one give injections; told her I had not; she said the doctor thought she had not given them right, and she had better get some one to assist her; she said she had given her injections; did not state how many.

Cross-examined: There was a good deal of excitement at Oneonta; have participated somewhat in it; Mr. McCraney did not set up the night I did; he was there at the spell in the morning, but can’t say whether he was at the other; I went to sleep after one on the bed; I don’t thinkl laid over an hour; had no means of discovering the time except from hearing the clock strike below; did not hear the spasms called hysterics; defendant said the doctor called them hysterics; that the doctor said she was nervous like her mother; don’t recollect what she said during the time Huldah had the spells; when she spoke of Huldah’s having the spells was Monday afternoon; she said nothing had then passed Huldah’s bowels since she had been taken sick; she drank all she desired to; she drank as many as half a dozen times; she drank all she wished to; every time she drank I throwed out what was left, and went down after more; did not throw up the tea she drank; the attempting to vomit was merely a rising of the stomach; she vomited almost immediately after taking the fever powder; it was white; I think the light was dim; was a small powder; she took morphine twice before; she was very restless; they had a blister wash rubbed on her; it was on her chest, not on her bowels; did not hear her complain of pain there; she put her hands on her bowels to remove the clothing.

Mrs. Harriet Hudson, sworn, testified: Know defendant, and have about a year; I lived near Mr. McCraney last spring; I sat up with Huldah on Wednesday night before she died; Lucia Baker, a daughter of defendant, sat up with me; I handed one pill to Mrs. McCraney, and she gave it to Huldah; Mrs. McCraney was up at twelve [45]*45o’clock and gave the pill; she said it was morphine; defendant was next up about three o’clock in the morning; defendant asked if she slept much and if she was quiet; I said she slept a short time and would then wake up and halloo, and say she was very hot, and pull the clothes off her; I would cover her up and she would seem to go to sleep again for a short time; Huldah did as I told Mrs. McCraney; she would go to sleep, wake up again and scream as though she was in great distress; there was one cotton, one woolen sheet, and one comfortable on the bed; she would complain of heat and throw off the clothes; this occurred some six or seven times during the night; no fire in the room; I gave her drink; rice water, cold water and brandy; she seemed to be very thirsty; called for drink every time she woke up; called for brandy once; cold water once or twice, but generally for no particular drink; defendant told me I might give her as much rice water as she wanted; when she did not ask for any particular drink I gave her rice water; did not call defendant when she got up; she did not vomit that night; she said she could not see well; Huldah asked Mrs. McCraney if there were any lights in the room; defendant said there was a light, and asked Huldah if she could not see; there were then two lights in the room; Huldah said she guessed if she ever got well she would have some lights; the lights were fluid lamps; was in same Wednesday afternoon from about two to five o’clock; did not notice Huldah’s eyes; Mrs. McCraney thought they ought to have another physician; did not think Dr. Case knew what ailed her; he thought she was so much like her mother that she was nervous and had hysterics; Huldah wanted some coffee; Lucia did not want to give it to her; she thought it would hurt her; Mrs. McCraney said it would not and told Lucia to go down and get it; Lucia hesitated about going down after it; I asked Mrs. McCraney what injection she gave; she said sweet oil and senna: that the doctor ordered salt and [46]*46water; she thought it was too powerful and gave sweet oil and senna; did not state how many injections she had given her; did not state when the sweet oil and senna was given'; in the evening she said all she feared was that when her .bowels commenced moving they would move so rapidly it would sink her right- down and she would never get up again; was at Mr. McCraney’s on Sunday morning after Huldah died; had a conversation with defendant; she asked me what I thought about having her opened; I said if she was a friend of mine I should have her opened, but it would not make much difference; we all knew she was dead; she said Mr. McCraney was very much opposed to cutting and slashing after death.

Gross-examined:

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Related

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Bluebook (online)
6 Park. Cr. 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccraney-nyoytermct-1860.