Republican Pub. Co. v. Miner

• Decision Date: 04 December 1888
• Citation: 12 Colo. 77,20 P. 345
• Parties: REPUBLICAN PUB. CO. v. MINER.
• Court: Colorado Supreme Court

20 P. 345

12 Colo. 77

REPUBLICAN PUB. CO. v. MINER.

Supreme Court of Colorado

December 4, 1888

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...