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A NOTED CRIMINAL
TRIAL.
The
most noted criminal trial that ever took place in Montgomery County was
that of the state against Jonathan S. Owen, who was charged with the
murder of his wife. Owen was a respectable farmer living in the
southeastern part of the county. He was a man in good standing, a
consistent member of the church, and possessed of considerable
property. His first wife had died leaving several children. His second
wife was childless and the family relations were not all harmonious.
The step-mother and step-children had numerous quarrels, but the
testimony in the case did not show there had ever been any unusual
difficulty between Mr. Owen and his new wife. She had several times
threatened to kill herself on account of the annoyances of her
step-children. One night late in 1858 she died very suddenly, and was
buried the next day. The suddenness of her death, together with
symptoms indicating poison, and other circumstances, soon began to
arouse the suspicions of some of Mrs. Owen's relations, and they
determined to have a resurrection of the body and a post-mortem
examination. This greatly agitated Mr. Owen, and when he found it was
fully determined on, he secretly sold his farm, disguised himself and
fled to Canada. The post-mortem examination showed very conclusively
that Mrs. Owen had died from the effects of strychnine. A large reward
was offered for Owen's arrest, and he was finally captured by William
H. Schoolen and others and lodged in the Crawfordsville jail to await
his trial. Hon. D. W. Yorhees, Col. Samuel C. Wilson, Hon. James
Willson and Hon. Joseph E. McDonald, an unusual array of distinguished
counsel, were employed to defend him. The trial came on at
Crawfordsville, at a special term of the circuit court, on July 21,
1859. Hon. John M. Cowan, then in the beginning of his career as a
successful and popular circuit judge, presided. The prosecution was
conducted by Lew Wallace, R. C. Gregory, and Robert C. Harrison, the
prosecuting attorney. This array assured a judicious, able and
unrelenting prosecution. The jury selected and sworn to try the case
was composed of the following citizens: Joseph Allen, Jonathan Todd,
Samuel Davidson, William Royalty, John Blankenship, Jess Vancleave,
Joseph Clifton, Emanuel Burk, James Ames, Jacob Bennett, Daniel Vaughn
and Silas A. Fardy. The trial occupied several days. The court-room was
crowded from day to day, to its utmost capacity. Aside from Owen's
conduct subsequent to the death of his wife, the evidence was barely
sufficient to raise a suspicion of his guilt. It was shown he had
bought strychnine at a drug-store in Ladoga some time before the death
of his wife, but this circumstance was fully rebutted by proof of the
facts that he had requested the druggist to charge it on his account,
and that he took it home and gave it to his wife to put away, telling
her to be careful with it, that it was poison to kill rats with. But
the secret sale of the farm, the flight to Canada, and the agitation
under disclosure of the suspicions, all conspired to fix in the public
mind an unalterable belief of his guilt, and to this day it would be
folly to suggest to any one, who lived in the county at the time of the
trial, the theory that Mrs. Owen committed suicide. Yet, a careful
consideration of all the testimony, which was fully reported in the
county papers, will leave the impression on the judicial mind that the
theory is not an unreasonable one. The law books are full of instances
showing that innocent men have acted under accusations based upon
circumstances which they feared could not explain, precisely as Mr.
Owen did when accused of the murder of his wife. Few men are so
constituted as to be able to remain perfectly calm in the face of great
danger. These things were dwelt upon by the attorneys for the defense
with great ability, and made a profound impression on the minds of the
jury. A verdict of acquittal resulted. Great indignation was felt and
expressed throughout the county at this unlooked- for outcome of the
trial. But it would be impossible for any rational being, who had never
heard of the trial, to sit down at this day and read the evidence
without feeling a strong doubt of Owen's guilt. After his acquittal he
left the state, without money and without friends, and has not been
heard of since.