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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 whith 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.

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

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THE WITNESSES FOR THE STATE. Lorenzo Patrick. Was intimate operations. Bell told him that with the deceased; saw him as he commenced, he must go after his death. Early in the through it; that he would forfeit morning he came in the room in fifty dollars if Mr. Hazelin which I was at work; he staid should not be a well man. Bell about a minute, went out and further said that if Hazelip had immediately returned, and again been an hour later in coming, went out with a roll of blankets his case would have been very which he took and went to Mr. desperate. Left Bell's and went Bell's. This was before break- to Mrs. Hazelip's. In a few fast, about 8 o'clock. Between minutes Mr. Moffit's brother 11 and 12 heard Mr. Hazelip came in and asked me to go to was at Mr. Bell's, and immedi- Bell's with him; I refused, but ately went there. Mr. Bell at last consented and went back stated to me that it was a strong with Moflit. During my second case of spasmodic cholera. visit Mr. Burke was there; this Went up and found Mr. Hazelip was between 12 and 1 o'clock. on a machine they use for steam. He was in the room the whole ing. He was lying upon the time I was there. machine and was very restless; Hazelip sat up on the sacking his face was much flushed. He bottom and said he could not said he was not able to stand it; stand it. Burke told him that never would be able to go he must go through now, as he through it. Mr. Bell and Mr. had commenced, and that if he Burke were both engaged in the did not, he would be liable to

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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 in-
jurious and dangerous ingredients; that is to say, of cayenne pep-
per, 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 Benja-
min 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 afore-
said, 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. the first time, no medicine was Do not say he used violence to given him; I believe, however, force him down, but he told him Mr. Bell did give him some he must lie lown, and he did lie gruel. Put my hand before the down again. Mr. Burke then steam pipe, but could not bear gave him some medicine to it there for the great heat. drink. He gave it as medicine There was no change in the ap. and said he must take it. Haze- plication of the steam during lip refused to take it; Burke, my first visit. The first time however, prevailed upon him, Mr. Burke attended to the steam. and he did take the medicine. I There were two rooms, and the then left him, and the next time pipe led from one to the other: I saw him, he was dead. I went it was a tin pipe. They were away soon after the medicine rooms close adjoining. No inwas taken, and saw him again jection was given while I was about 3 o'clock. He was, in the there. Bell told me, however, morning, apparently as well as that he had given an injection, I am. The next time I saw him, and showed me the syringe he after I left the shop, he was on used. He did not say there was the steamer. When I saw him more than one injection, nor between 11 and 12 o'clock, I was what composed it; did not ask with him about twenty-five min him, nor any question about the utes, and he was under the ac- medicine. Hazelip said that his tion of steam all the time I was insides were burning up and there. While I was with him 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 acquainted with him about two were a table and chair in the years. He was of active habits. room, but no other furniture ex. Cross-examined. Saw him on cept some trumpery; did not the Sunday evening previous to pay particular attention to what the occurrence at Bell's. He it was. There appeared to be no died on Monday; saw him on preparation in the room for a Sunday on the Susquehanna sick person. Heard Mrs. Haze- railroad, and went with him as lip say, she sent a bed to Bell's, far as Gwynn's tavern; walked but do not know what time she two or three miles on the road, did send it. Mr. Hazelip was and when I came back, saw him still on the sacking bottom at again; he had been as far as my second visit. Put my hand Green Spring. He had been on the pipe at my second visit, drinking, but not so much but and found that it was just warm. that he was able to take care of When I saw him the second himself. He came to town with time, he looked very pale, and he me, and on the road the car was wrapped up in blankets. I stopped, and we got out and took was there about ten minutes this a glass of wine together. His time, and when I left him, he appearance showed he had been was still on the sacking bottom. drinking before. Accompanied He was, I could judge, about him home, and saw him next twenty-eight or thirty years of morning when at work. Previage. His constitution was ous to this had not seen him for healthy and robust. Had been 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.

at his house, being well acquaint. often carried articles to Mr. ed with him and frequently call- Bell's to have them dyed. He ing there, sometimes three or never said to me that he would four times a week. Saw no ap- go through a course of medicine. pearance of his being on a The machine was formed of two frolic; cannot say exactly when planks boxed up at the ends, I saw him previously, but it was about the length of a man, and within four or five days, as I from two to three feet wide. often go to his house, and gen- He was rolled in blankets. The erally have found him engaged steam pipe came out of the in his business. He was not a other room, and ran into the man of intemperate habits, but box through the bottom: it was would sometimes take a glass; wide enough to lay on. Between never saw him under the in- 11 and 12 o'clock I understood fluence of liquor except the par- he was going through a course, ticular instance mentioned. He and was very much surprised to said that if he lived on the next hear that he had the cholera. He Sunday he would have rode said he felt very bad. I thought again upon the railroad. He he had the cholera. Mr. Bell was in excellent health and of told me that Hazelip had the active habits. He was intimate cholera, and he told me this in with Mr. Bell. He lived near the presence of Hazelip. When the corner of Second street and I went there Bell told me it was Market Space, and kept a sec- a very violent case of spasmodic ond-hand clothing store, and 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

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