Osborn v. Commonwealth

• Decision Date: 17 September 1892
• Parties: Osborn v. Commonwealth.
• Court: Kentucky Court of Appeals

20 S.W. 223

Osborn v. Commonwealth.

Court of Appeals of Kentucky.

September 17, 1892

Appeal from circuit court, Fayette county.

"Not to be officially reported."

Jerry Osborn was convicted of poisoning cattle belonging to A. F Berry, and appeals. Affirmed.

Pryor J.

A. F Berry, of the county of Fayette, having lost many valuable cattle, ascertained, by having the contents of their stomachs examined by competent chemists, that the stock had been poisoned with Paris green. He failed to detect the wrongdoer until he employed a detective from Cincinnati, who, having made the acquaintance of the accused, soon ascertained that he knew all about the commission of the offense. The accused was unfriendly to Berry, and was suspected of having administered the poison. The detective, under the garb of a laborer complained to the accused of the manner in which he had been treated by Berry, and proposed to have revenge. It was then suggested by the accused that he could poison his damned cattle, and to this the detective readily consented, the accused telling him that he had before poisoned Berry's cattle with Paris green. The money was given the accused to buy the poison at a certain drug store, and the two, the detective and the accused, were to go out that night, and administer the poison. The accused purchased the poison, and being told by the druggist that he must be careful, it was very poisonous, remarked "he knew that, and had used it before." The detective and the accused, with salt and this poison, went to Berry's farm, and there the accused emptied the poison and the salt in different places, within reach of the cattle, and, while so engaged, the other detective and Berry, who had secreted themselves in the woods, made an effort to capture the accused, but failed, and he was not arrested until the next day. The plan to entrap the accused was known to the two detectives, Berry, and the druggist on the day and prior to the purchase of the poison or at least the druggists was requested to let the accused have all the Paris green he wanted. The accused denied having confessed to the poisoning of Berry's cattle prior to that time, and says he was compelled to go to Berry's by the detective, as the latter, with pistol in hand, threatened to shoot him if he declined to go. There were four indictments against the accused for poisoning defendant's cattle prior to the attempt to administer it on the...