Commissioners'
decision. Appeal from district court, Arapahoe county.
This
action was brought by the appellee, Eliza J. Miner, against
the appellant, the Republican Publishing Company, for libel.
The matter constituting the alleged libel was a follows:
'A
FIENDISH ACT--AN ATTEMPT AT MURDER BY THE POISONING OF THE
FAMILY OF J. T. POTTER--EIGHT PERSONS, AFTER PARTAKING OF A
MEAL, ARE STRICKEN DOWN BY SICKNESS, WHICH PROVES TO HAVE
BEEN CAUSED BY ARSENIC, ADMINISTERED IN FOOD--THE HIDDEN
MYSTERY CONNECTED WITH THE AFFAIR--CONDITION OF THE
PATIENTS.
'One
of the most desperate attempts at murder the criminal
annals of Arapahoe county record was made yesterday morning
on the family of James T. Potter, an old citizen of Denver
residing at No. 865, Lawrence street, by means of arsenical
poisoning. The facts in the case betray a most deplorable
condition of affairs, and indicate, if their establishment
can be judicially reached, the presence of a dangerous
member of the community, whose apprehension and confinement
should be at once directed by the authorities. At an early
hour on Monday morning, the would-be victim of crime, with
his family, consisting of a wife and children, a married
daughter with her children, and servant girl, breakfasted
after which Mr. Potter, who is in the employ of the Denver
& South Park road, proceeded to his business. Nothing
occurred to disturb the harmony of the household until
about nine o'clock. About that hour Dollie Wilson
employed in the family, complained of feeling unwell, and
at the suggestion of Mrs. Potter abandoned her household
duties, and retired. Nothing of a very serious character
was apprehended, and it was thought her illness would soon
be succeeded by convalescence. Half an hour later one of
the children of the family was sent to Miss Wilson's
room to ascertain her condition, and if there was anything
she required. Upon opening the door of her apartment, the
youthful messenger was startled at the spectacle which
greeted her gaze. The occupant was discovered prone upon
the bed, her eyes gazing into vacancy, her form transfixed,
great drops of perspiration exuding from her brow, and the
unfortunate woman apparently in the final pangs of
dissolution. The alarm was at once given, and such remedies
administered as the limited resources of the house in that
behalf afforded. While means for her revival were being
employed, Mrs. Bradford, a daughter of Mr. Potter, on a
visit to her parents, was seized with pains in the back,
followed by profuse vomiting, and other symptoms of poison,
and was compelled to retire to her room, where she became
so violently ill that for the time being her life was
despaired of. Soon after, her two children were similarly
affected, and, while they were being cared for by Mrs.
Potter, that lady, with her four children, were compelled
to yield, and took to their beds. In the mean time, Mr.
Potter had departed the city for Dome Rock, a station on
the Denver & South Park road, on official business. He
reached his destination almost at the hour his family was
attacked; and, while employed in pursuit of the object of
his mission, was suddenly attacked with pains of the most
violent character, investing his entire system, accompanied
by vomiting, and the attendant indications of poison. With
the greatest effort he was able to reach the shelter of a
tree. His symptoms increasing in violence, he determined to
gain the station, and proceed home before he was
incapacitated from travel. In this he was successful. He
made out to reach the cars, which he boarded, and came to
Denver, arriving in the city late in the afternoon. En
route hither his pains continued, but with the aid of
friends he was supported until his destination was reached,
when he was driven home, and found his family as above
described; every room in the house being allotted to the
occupation of an invalid, none of whom had thus far
received medical attendance. Upon his arrival, Mrs. Potter,
by a wonderful exercise of will, arose from her bed of
sickness, and ministered to his necessities. Late in the
day, neighbors, who had been attracted by the strange
occurrences of the day, called to ascertain the cause, and,
learning the condition of affairs, improvised means at once
for their comfort and recovery. Mr. Hurd, a son-in-law of
the afflicted family, came soon after, and, uniting his
exertions with those of others, soon had the invalids in a
condition of comparative quiet, though the symptoms
manifested still continued, and refused to yield to such
medicaments as had been administered. At 1 o'clock
yesterday morning Dr. McBeth, the family physician, reached
the afflicted family, and after a careful diagnosis decided
the entire household was suffering from the effects of
arsenical poison. He began a treatment at once to
counteract its effects, and was greeted with but limited
results at first, but, assisted by those who had been
summoned in view of the entire absence of nurses, he
persevered, and by daylight had so far succeeded in his
efforts that the patients, with the exception of Miss
Wilson, were pronounced in a fair way of recovery.
'The
cause of this mysterious attempt at the murder of a prominent
and influential family, as stated, was arsenic, and an
investigation of the means by which it could have been
introduced into the household was begun. The house is
supplied with water by the Holly system, and an examination
of the hydrant disclosed the presence of what remained of a
coating of white powder, lining the escape-pipe for several
inches from its mouth. Last evening a reporter of the
Republican called at the residence of the family, and
witnessed a most pitiful spectacle. Mr. Potter was found in
his bed, still suffering great pains, but hopeful that he
would survive the attack; Mrs. Bradford, though up and about,
was moaning with pain, and apparently enduring great
suffering; her children, with those of Mr. Potter's
household, were entirely convalescent, while Miss Wilson was
still confined to her bed, with chances of recovery probable,
rather than certain. Taken all in all, the situation, while
more encouraging than could have been expected, was the
reverse of cheerful.
'In
search for the author of this deplorable state of affairs
the reporter had his attention directed to a woman residing
in the neighborhood, who is known under the historic
pseudonym of 'Lucretia Borgia,' though more familiar
to her neighbors and officers of the law as Liza Miner. She
is said to have attempted her own life on one or more
occasions, failing in which she has supplied the craving for
death by scattering what is supposed to have been poison
about the neighborhood, to the death of dogs, chickens, and
household pets. The Borgia of the fourteenth century is
represented as having been beautiful as the phantom of a
dream, tall and commanding, with a form of matchless
symmetery. The modern Borgia is diametrically the reverse in
nearly every instance. With regard to the alleged type of
that character suspicioned in this case, the reporter is
unable to define her excellencies or deficiencies, for last
night she was invisible. The neighbors speak of her as one
who has been guilty of eccentricities that can be accounted
for on no other hypothesis than insanity. A Mrs. Stearnes
insists that she poisoned her cow in the spring of 1881, and
that upon repeated occasions she has witnessed her scattering
substance on potato parings, vegetables, etc., which, upon
examination, she found to be ground glass. On yesterday
morning Mrs. Stearnes found a couple of ham bones tied up in
a paper, upon which had been sprinkled a white powder, with
the nature of which she was ignorant. A prominent citizen
residing in the neighborhood mentions a circumstance which
came under his observation several years ago. Capt. Henderson
and lady, employed in Snider & Strong's book-store,
rented rooms of the Miner woman, who warned them to vacate,
and, they refusing, she prepared a composition of brimstone,
etc., which she fired in the hall while Mrs. Henderson was
asleep. The latter awakened during the smudging of the
combustible, and narrowly escaped with her life. The woman
subsequently stated to Mrs. Nichols, residing in the
vicinity, that it was her intention to obtain possession of
the rooms, even if she was obliged to do so at the sacrifice
of life. It may be anything or nothing,--her alleged
complicity,--but the one thing certain about it all is, that
Mr. Potter's family have been poisoned. And it seems to
be the duty of the...
