Contra Costa County CA Archives History - Books .....Killing Of Herman Heyder 1882 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ca/cafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@gmail.com November 23, 2005, 12:22 am Book Title: History Of Contra Costa County, California KILLING OF HERMAN HEYDER.—From November 18 to 25, 1870, the Fifteenth District Court was occupied with the trial of Matthew Caspar, indicted for the murder of Herman Heyder, by poison, put into the food served to him by the accused, when the deceased was a visitor at his house, some ten or twelve miles southeast of Antioch. The general facts and features of the case may be briefly summarized as follows: On the sixth or seventh of September, 1870, Heyder and Caspar were brought into Antioch, at one or two o'clock in the morning, Heyder lying in the bottom of the wagon and Caspar sitting upon the seat beside the driver; both were represented to Dr. Howard to be suffering from the effects of strychnine taken with the food they had eaten for supper at the house of Caspar, some five or six hours before. Heyder died soon after reaching Antioch. Caspar recovered, and from the medical testimony, and other facts subsequently developed or considered, it appeared doubtful if he had exhibited any symptoms of having been poisoned at all. A jury was summoned to make an inquest in the case, and after a very patient, thorough and protracted investigation, Caspar was held, on their finding, to answer before the Grand Jury on a charge of poisoning Heyder. The finding of this jury, and, presumably, of the Grand Jury, was based wholly upon strong circumstantial evidence of the guilt of the accused. It was, in the first place, almost inconceivable that so atrocious and diabolical a crime could have been committed without some motive of envy or cupidity; and the most diligent inquiry failed to develop a fact or suggestion which warranted suspicion that any one had been prompted by such motives to enter Caspar's house in his absence and mingle strychnine with the various condiments and articles of food, which would be eaten by him on his return, for the purpose of killing him. Large quantities of strychnine were found in the sugar-bowl, pepper-box, the salt upon the table, the syrup, the butter and in the batter-pan, and the flap-jack cakes, cooked and eaten, at least by Heyder, for supper—for he was unquestionably poisoned, exhibited all the most painful symptons, and died within a few hours after the fatal meal. Strychnine was found in his stomach, on chemical analysis of the contents, and in the undigested portions of the cake he had eaten. The question then arose with the jury of Inquest: Had Caspar any motive which would possibly have prompted him to such an attempt to destroy the life of his visitor and guest? It was shown that Caspar and Heyder had been acquainted for some time; had worked together in herding sheep, that Heyder had money, and that Caspar had been trying for some time to borrow several hundred dollars from him. His statements in relation to the preparation of the supper when Heyder came with him to the house after having been with him when he had been at work during the afternoon, and many other circumstances developed in the investigation, produced a conviction of Caspar's guilt in the minds of the Jury of Inquest; and the testimony before the Grand Jury doubtless produced the same conviction there, to warrant his indictment for the murder. With the strong circumstantial evidence of guilt which had warranted the findings of the two juries, the prosecution on the trial brought in the testimony of two prisoners confined in the jail, to prove an admission, on the part of Caspar, to them in prison, that he did the poisoning. This was the only testimony purporting to be of a positive character, against the prisoner; and it probably had not the weight with the jury that the testimony of persons unaccused of crime would have had, though these prisoners had no apparent motive for testifying falsely against the life of another; it is therefore not surprising that, under their solemn responsibilities, with no alternative but condemnation to death or acquittal, the jury should have failed to find a verdict according with the general conviction of the prisoner's guilt. Additional Comments: Extracted from: HISTORY OF CONTRA COSTA COUNTY, CALIFORNIA, INCLUDING ITS GEOGRAPHY, GEOLOGY, TOPOGRAPHY, CLIMATOGRAPHY AND DESCRIPTION; TOGETHER WITH A RECORD OF THE MEXICAN GRANTS; THE BEAR FLAG WAR; THE MOUNT DIABLO COAL FIELDS; THE EARLY HISTORY AND SETTLEMENT, COMPILED FROM THE MOST AUTHENTIC SOURCES; THE NAMES OF ORIGINAL SPANISH AND MEXICAN PIONEERS; FULL LEGISLATIVE HISTORY OF THE COUNTY; SEPARATE HISTORY OF EACH TOWNSHIP, SHOWING THE ADVANCE IN POPULATION AND AGRICULTURE; ALSO, Incidents of Pioneer Life; and Biographical Sketches OF EARLY AND PROMINENT SETTLERS AND REPRESENTATIVE MEN; AMD OF ITS TOWNS, VILLAGES, CHURCHES, SECRET SOCIETIES, ETC. ILLUSTRATED. SAN FRANCISCO: W. A. SLOCUM & CO., PUBLISHERS 1882. File at: http://files.usgwarchives.net/ca/contracosta/history/1882/historyo/killingo67ms.txt This file has been created by a form at http://www.poppet.org/cafiles/ File size: 5.4 Kb