Deputy Attorney General Jennings asked that triers should be sworn for the purpose of determining whether John E. Stansbury stood indifferent or not.

Three triers from the jurors previously sworn, viz: Samuel Child, John Durham and Henry Hanna, were sworn. The state called witnesses who proved that Elijah Stansbury, Jr., was the purchaser of a right under the Thomsonian patent, and that he was a practitioner of that system.

Mr. Jennings contended that, as Elijah Stansbury, Jr., was the brother of John E. Stansbury, and deeply involved in his feelings in the success of this system, and consequently in the result of this very trial, he was not omni exceptione major, and of course, should not be sworn as a juror.

Counsel for the Prisoner argued that the bias which the State's Attorney attempted to show as resulting from the relation of John E. Stansbury and Elijah Stansbury, Jr., in connection with the fact of Elijah Stansbury, Jr., being a holder of a right, was altogether too remote and indistinct to warrant the belief that he would not decide according to the testimony-that the great object was to have a fair and impartial trial, by competent and disinterested men, and that nothing in the present case had been shown to satisfy the court that the juror, John E. Stansbury, had not all those important attributes, required for his office.

The COURT submitted the question to the triers, who decided that John E. Stansbury was competent to serve. The Jurors were then sworn, the indictment was then read, and the Prisoner pleaded Not Guilty.

9

State of Maryland, City of Baltimore. The jurors of the State of Maryland, for the body of the City of Baltimore, do upon their oaths present, that Francis Burke, late of the city aforesaid yeoman, and William Bell, also late of the city aforesaid, yeoman, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 17th day of September, in the year 1832, with force and arms at the city aforesaid, in and upon one Benjamin M. Hazelip, in the peace of God and of the said state, then and there being, feloniously and wilfully did make an assault, and feloniously and wilfully did then and there administer unto, and cause to be received by the said Benjamin

THE WITNESSES FOR THE STATE.

Lorenzo Patrick. Was intimate with the deceased; saw him after his death. Early in the morning he came in the room in which I was at work; he staid about a minute, went out and immediately returned, and again went out with a roll of blankets which he took and went to Mr. Bell's. This was before breakfast, about 8 o'clock. Between 11 and 12 heard Mr. Hazelip was at Mr. Bell's, and immediately went there. Mr. Bell stated to me that it was a strong case of spasmodic cholera. Went up and found Mr. Hazelip on a machine they use for steaming. He was lying upon the machine and was very restless; his face was much flushed. He said he was not able to stand it; never would be able to go through it. Mr. Bell and Mr. Burke were both engaged in the

operations. Bell told him that as he commenced, he must go through it; that he would forfeit fifty dollars if Mr. Hazelip should not be a well man. Bell further said that if Hazelip had been an hour later in coming, his case would have been very desperate. Left Bell's and went to Mrs. Hazelip's. In a few minutes Mr. Moffit's brother came in and asked me to go to Bell's with him; I refused, but at last consented and went back with Moffit. During my second visit Mr. Burke was there; this was between 12 and 1 o'clock. He was in the room the whole time I was there.

Hazelip sat up on the sacking bottom and said he could not stand it. Burke told him that he must go through now, as he had commenced, and that if he did not, he would be liable to

M. Hazelip into the body and bowels of him, the said Benjamin M. Hazelip, a certain noxious and injurious clyster, which said clyster before that time, to-wit, on the day and year aforesaid, at the city aforesaid, had been prepared of various, noxious and injurious and dangerous ingredients; that is to say, of cayenne pepper, composition powder, nerve powder, and lobelia, by the said Francis Burke and William Bell; and that they, the said Francis Burke and William Bell, did then and there feloniously and wilfully administer unto the said Benjamin M. Hazelip, and did then and there feloniously and wilfully apply unto and upon the breast, stomach, belly, back, head, legs and arms of him, the said Benjamin M. Hazelip, a certain noxious and injurious hot vapor called steam, and did then and there feloniously and wilfully keep and detain the said Benjamin M. Hazelip under the application and action of the noxious and injurious hot vapor aforesaid called steam, for a long space of time, to-wit, for the space of three hours, and did then and there, and whilst the said Benjamin M. Hazelip was under the application and vapor of the hot vapor aforesaid, feloniously and wilfully administer unto, and did then and there feloniously and wilfully cause to be swallowed by him, the

spasms. He made him lie down. Do not say he used violence to force him down, but he told him he must lie lown, and he did lie down again. Mr. Burke then gave him some medicine to drink. He gave it as medicine and said he must take it. Hazelip refused to take it; Burke, however, prevailed upon him, and he did take the medicine. I then left him, and the next time I saw him, he was dead. I went away soon after the medicine was taken, and saw him again about 3 o'clock. He was, in the morning, apparently as well as I am. The next time I saw him, after I left the shop, he was on the steamer. When I saw him between 11 and 12 o'clock, I was with him about twenty-five minutes, and he was under the action of steam all the time I was there. While I was with him

the first time, no medicine was given him; I believe, however, Mr. Bell did give him some gruel. Put my hand before the steam pipe, but could not bear it there for the great heat. There was no change in the application of the steam during my first visit. The first time Mr. Burke attended to the steam. There were two rooms, and the pipe led from one to the other: it was a tin pipe. They were rooms close adjoining. No injection was given while I was there. Bell told me, however, that he had given an injection, and showed me the syringe he used. He did not say there was more than one injection, nor what composed it; did not ask him, nor any question about the medicine. Hazelip said that his insides were burning up and complained a great deal. Saw

said Benjamin M. Hazelip, a certain noxious and injurious drug, to-wit, lobelia; and that they, the said Francis Burke and William Bell, by administering the clyster as aforesaid, the hot vapor aforesaid called steam, as aforesaid, and the injurious drug aforesaid, as aforesaid, feloniously and wilfully did then and there cause and procure the said Benjamin M. Hazelip to become mortally sick and diseased in his body, and of which said mortal sickness and disease in the body of him, the said Benjamin M. Hazelip, he, the said Benjamin M. Hazelip, then and there died. And so the jurors aforesaid, upon their oaths aforesaid, do say and present, that the said Francis Burke and William Bell, in manner and form, and by the means aforesaid, him, the said Benjamin M. Hazelip, did then and there feloniously and wilfully kill, contrary to the form of the Act of Assembly in such case made and provided, and against the peace, government and dignity of the state.

And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said Francis Burke, late of the City of Baltimore, yeoman, and the said William Bell, also late of the city aforesaid, yeoman, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 17th day of September, in the year 1832, with force and arms at the city aforesaid, in and upon one Benjamin M. Hazelip, in the peace of God and of the said state, then and there being, feloniously and wilfully did make an assault, and did then and there feloniously and wilfully administer unto the said Benjamin M. Hazelip, and

no bed in the
room. There
were a table and chair in the
room, but no other furniture ex-
cept some trumpery; did not
pay particular attention to what
it was. There appeared to be no
preparation in the room for a
sick person. Heard Mrs. Haze-
lip say, she sent a bed to Bell's,
but do not know what time she
did send it. Mr. Hazelip was
still on the sacking bottom at
my second visit. Put my hand
on the pipe at my second visit,
and found that it was just warm.
When I saw him the second
time, he looked very pale, and he
was wrapped up in blankets. I
was there about ten minutes this
time, and when I left him, he
was still on the sacking bottom.
He was, I could judge, about
twenty-eight or thirty years of
age. His constitution was
healthy and robust. Had been

acquainted with him about two years. He was of active habits.

Cross-examined. Saw him on the Sunday evening previous to the occurrence at Bell's. He died on Monday; saw him on Sunday on the Susquehanna railroad, and went with him as far as Gwynn's tavern; walked two or three miles on the road, and when I came back, saw him again; he had been as far as Green Spring. He had been drinking, but not so much but that he was able to take care of himself. He came to town with me, and on the road the car stopped, and we got out and took a glass of wine together. His appearance showed he had been drinking before. Accompanied him home, and saw him next morning when at work. Previous to this had not seen him for a day or two; think I saw him

did then and there feloniously and wilfully apply unto and upon the breast, stomach, belly, back, head, arms and legs of him, the said Benjamin M. Hazelip, a certain noxious and injurious hot vapor called steam, and did then and there feloniously and wilfully keep and detain the said Benjamin M. Hazelip under the application and action of the noxious and injurious hot vapor aforesaid called steam, for a long space of time, to-wit, for the space of three hours; and that the said Francis Burke and William Bell, by administering and applying the aforesaid hot vapor called steam as aforesaid, did then and there feloniously and wilfully produce and cause a mortal engorgement of the blood vessels and veins of the lungs, brain and liver of him, the said Benjamin M. Hazelip, and a mortal effusion of the length of one inch, and of the depth of one inch, of a bloody fluid in and upon the brain of him, the said Benjamin M. Hazelip, of which said mortal engorgement of the blood vessels and veins of the lungs, brain and liver, and mortal effusion of a bloody fluid, in and upon the brain of him, the said Benjamin M. Hazelip, he, the said Benjamin M. Hazelip, then and there died. And so the jurors aforesaid, upon their oaths aforesaid, do say and present that the said Francis Burke and William Bell, in manner and form, and by the means aforesaid, him, the said Benjamin M. Hazelip, did then and there feloniously and wilfully kill, contrary to the form of the Act of Assembly in such case made and provided, and against the peace, government, and dignity of the state.

a

at his house, being well acquainted with him and frequently calling there, sometimes three or four times a week. Saw no appearance of his being on frolic; cannot say exactly when I saw him previously, but it was within four or five days, as I often go to his house, and generally have found him engaged in his business. He was not a man of intemperate habits, but would sometimes take a glass; never saw him under the influence of liquor except the particular instance mentioned. He said that if he lived on the next Sunday he would have rode again upon the railroad. He was in excellent health and of active habits. He was intimate with Mr. Bell. He lived near the corner of Second street and Market Space, and kept a second-hand clothing store, and

He

often carried articles to Mr.
Bell's to have them dyed.
rever said to me that he would
go through a course of medicine.
The machine was formed of two
planks boxed up at the ends,
about the length of a man, and
from two to three feet wide.
He was rolled in blankets. The
steam pipe came out of the
other room, and ran into the
box through the bottom: it was
wide enough to lay on. Between

11 and 12 o'clock I understood
he was going through a course,
and was very much surprised to
hear that he had the cholera. He
said he felt very bad. I thought
he had the cholera. Mr. Bell
told me that Hazelip had the
cholera, and he told me this in
the presence of Hazelip. When
I went there Bell told me it was
a very violent case of spasmodic
cholera. Hazelip did not say

And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said Francis Burke, late of the city aforesaid, yeoman, and the said William Bell, also late of the city aforesaid, yeoman, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 17th day of September, in the year 1832, with force and arms, at the city aforesaid, in and upon one Benjamin M. Hazelip, in the peace of God and of the said state, then and there being, feloniously and wilfully did make an assault, and feloniously and wilfully did then and there administer unto, and cause to be received by the said Benjamin M. Hazelip into the body and bowels of him, the said Benjamin M. Hazelip, a certain noxious and injurious clyster, which said clyster before that time, to-wit, on the day and year aforesaid, at the city aforesaid, had been prepared of various noxious, injurious and dangerous ingredients; that is to say, of cayenne pepper, composition powder, nerve powder, and lobelia, by the said Francis Burke and William Bell, and that the said Francis Burke and William Bell did then and there feloniously and wilfully, administer unto the said Benjamin M. Hazelip, and did then and there feloniously and wilfully apply unto and upon the breast, stomach, belly, back, head, legs and arms of him, the said Benjamin M. Hazelip, a certain noxious and injurious hot vapor called steam, and did then and there feloniously and wilfully keep and detain the said Benjamin M. Hazelip under the application and action of the noxious and injurious vapor aforesaid called steam, for a