People v. McCraney

6 Park. Cr. 49
Court Of Oyer And Terminer New York·Decided December 15, 1860·Published·Cited by 2 cases

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] Huldah 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] work 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] o’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] water; 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.

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

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