MURDER? John Cook Jr / Roxanna Lane
As a genealogist you read all sorts of human experiences: the good, the bad and the ugly. But I never expected to find someone indicted and tried for murder.
John Cook Jr, the father of John Levi Cook (subject of post #1), reminds me of how little I know his John Levi Cook's childhood.
John Cook Jr was born in Winchendon, Mass, on 5 Mar 1805, to Anna Beal and John Cook.
Winchendon is close to the New Hampshire state line, as is Ashburnham, MA, the location he settled in. In the 1845 map below, Winchendon is just left of the green area (which is Ashburnham). You see "Rindge" and "New Ipswich" --those towns are in New Hampshire. In March 1832 he and Roxanna Lane announced intentions to wed. He was 27 years old at the time, she was 39 years old. (Somewhat unusual for an older woman to marry a man more than 10 years younger.) Because it was not customary to keep your maiden name, Roxanna had never been married. (It's possible either one or both had once been engaged, but no evidence of a marriage). They were married 3 April 1832.
Roxana's father held much land in Ashburnham--he acquired land from relatives through the years, and eventually was prosperous as a result. (it's quite possible he established businesses on the land).
John Cook's and his wife had a baby girl they named Sarah Roxanna Cook on 6 Oct 1833, when Roxanna was 40 years old.
1834 - Quite a year.
Unfortunately the baby's mother, Roxanna, died 24 Feb 1834, before the child was a year old. A few months later, his father-in-law, Benjamin Lane, makes a will. ----
8 Apr 1834
A summary of Benjamin Lane's will.
His will provides $100 to his infant granddaughter, Sarah Roxanna, the daughter of the deceased Roxanna, to be paid one year after his decease. "And it is my will that her father should be appointed her guardian to manage and to take care of her legacy." (that would be John Cook). Other property was divided amongst the sons. All daughters, who were married would have one share.
There was a yet unmarried daughter, Melinda, "who lives with in my family" to be included in the one share equally divided. Moreover,"The several sums which I have advanced to my said daughter (and may hereafter advance to them) and which are on my books to be deducted from their portions respectively."
Throughout the entire will, Benjamin is clear that his "books" will reflect the amount to be deducted, whether for the Howard children or Melinda. It is a meticulous will--it was so specific it made me wonder about the family relationships. He seemed to have a strong desire that no one be untreated unfairly in money once he had died and no longer had oversight.
1834 was not yet over: Before the year was out, John Cook remarries.
John Cook Jr was 29 when he married Cynthia Metcalf. Cynthia was 17 when she married John Cook on 12 November 1834.
Nothing is very unusual here except he marries a woman much older than he, then after her death, his second wife is 12 years younger than he. We're not judging, just noting.
As I mentioned, the will of Benjamin Lane had been drawn up in April of that year. He, the father of the deceased Roxanna Lane Cook, died 1 1/2 years after making his will, in Dec 1835.
John Cook Jr and wife 2, Cynthia Metcalf have three children:
1 George W Cook 1836–1855
2 Martha Jane Cook 1840–1910
3*John Levi Cook 1841–1910 (*ancestor)
But Cynthia, his 2nd wife, dies in 1844, when the youngest is only 3 years old. They were married for 10 years.
So far their life has been sad, but now it gets strange. In 1846, John Cook is charged with murdering his 1st wife, Roxanna Lane. I could not find the details. Apparently he was tried in Worcester (the county seat).
1848 was a bad, bad year for John
Cook Jr
On February 21-25, 1834, in Ashburnham, Worcester County,
John Cook Jr. was accused of mixing and administering poison (white arsenic) to
his wife, Roxanna Cook, ultimately resulting in her death on February 25, 1834.
The case was brought before the Court of Common Pleas in
Worcester, with the indictment returned by the Grand Jury in September. Proceeding/court
trial continuing into October and December 1848.
In October and December 1848, John Cook the younger stood
trial in Worcester County after being indicted for murdering his wife by
poison. He was found not guilty by a jury on December 7, 1848, leading to his
discharge.
Dates
- February
21–25, 1834 (events involving John and Roxanna Cook)
- September
1848 (Grand Jury indictment, Court of Common Pleas)
- October
and December 1848 (jury trial held and judgment/proceedings)
Names and Relationships
- John
Cook Jr., husband of Roxanna Cook (accused)
- Roxanna
[Lane] Cook, wife of John Cook Jr. (deceased)
Names and Relationships
- John
Cook Jr (called, “the younger” defendant in the trial)
- Benjamin
F. Thomas (assigned counsel for John Cook)
- Milton
Whitney (assigned counsel for John Cook)
- John
W. Lincoln (Sheriff)
- Isaac
Davenport (jury foreman)
- Other jurors: Edward
Aldrich, Gilman Day, Asa E. Edmunds, Joseph M. Green, Asa Kilburn, Asa
Marcan, Samuel Patrick, Henry B. Pratt, Jesse Spaulding, Alvah A. Stone,
Isaac N. Stone (jurors in the trial)
Text of court
documents (original docs below text)
Page 1
Commonwealth . vs Cook October
, 1848, by adjournment , December , 1848 .
The Jurors for the Commonwealth
aforesaid , on their oath present That John Cook the younger of Winchendon in
the County of Worcester, yeoman, contriving and intending one Roxanna Cook wife
of said John Cook , with person feloniously willfully and of his malice
aforethought to kill and murder , on the twenty first day of February in the
year of our Lord one thousand Eight hundred and thirty four and on divers days
and times between that day and the twenty fifth day of the same of February , willfully
, feloniously and of his malice aforethought did mix and mingle a large
quantity of deadly poison, to wit, White Arsenic in certain food and drink
which had during the time aforesaid, at divers days and times been prepared for
the use of the said Roxanna Cook to be eaten and drunk, by her, the said
Rosanna Cook, he the said John Cook then and there well knowing that the said
food and drink, with which he the said John Cook did so my and mingle the said
deadly poison as aforesaid was then and there prepared for the use of the said
Roxanna Cook with intent to be administered to and taken by her for her eating
and drinking the same, and he the said John Cook then and there well knowing
that the said White Arsenic so as a?id by him mixed and mingled in said food
and drink to be a deadly poison, and the said food and drink, with which said
deadly poison was so mixed and mingled as aforesaid, afterwards to wit on said
twenty first day of February, and on said divers days and times were delivered
to said Roxanna Cook and taken by her to be eaten and drank by her, and she the
said Roxanna Cook not knowing the said poison to be mixed and mingled with said
food and drink, did afterwards to wit, on said twenty first day of February and
on said divers days and times , there eat, drink and swallow down several large
quantities of said deadly poison so mixed and mingled as aforesaid with said
food and drink, and the said John Cook that he might the more certainly and
speedily destroy the life of the said Roxanna Cook on the twenty third day of
said February , with force and arms at Ashburnham aforesaid October, 1848 , by
adjournment , December, 1848, did, knowingly, willfully, feloniously and of his
malice aforethought did mix and mingle a large quantity of deadly poison, to
wit White Arsenic , with certain sling, he the said John Cook then and there
well knowing the said White Arsenic to be a deadly poison, and afterwards to
wit , on said twenty third day of said February at said Ashburnham the said
person so mixed and mingled as aforesaid with the ring aforesaid feloniously willfully
and of his malice aforethought, the said John Cook did give and administer to
the said Rosanna Cook to take drink and swallow down , and the said Roxanna
Cook not knowing the person aforesaid in the sting aforesaid to have been mixed
and mingled as aforesaid afterwards , to wit , on said twenty third day of
February aforesaid , at said Ashburnham , the said poison so as aforesaid mixed
and mingled , by the procurement, and persuasion of said John Cook did take
drink and swallow down, and the said Roxanna Cook of the poison aforesaid and
by the operation thereof, on said twenty third day of February aforesaid at
said Ashburnham , became and was sick and greatly distempered in her body, of
which said sickness and distemper of body occasioned by the eating drinking and
swallowing down into the body of her the said Roxanna Cook of the person
aforesaid so as aforesaid mixed and mingled with the food drink and sling
aforesaid she the said Roxanna Cook from the said several days and times on
which she had so eaten drank and swallowed down the person as aforesaid until
the twenty fifth day of February aforesaid did then and there languish and
languishing did live and on said twenty fifth day of February aforesaid at
Ashburnham aforesaid , she the said Roxanna Cook of the poison aforesaid so
eaten drunk and swallowed down as aforesaid and of the sickness and distemper
aforesaid , thereby occasioned, did die . And so the jurors aforesaid upon
their oath aforesaid do say that the said John Cook , he the said Rosanna Cook
in manner and form , and by the means aforesaid, then and there feloniously willfully
and of his malice aforethought, did kill and murder, against the peace of said
Commonwealth and contrary to the form of the State in such case made and
provided. This Indictment was returned by the Grand Jury into the Court of
Common Pleas, at a term thereof holden at Worcester within and for the said
County of Worcester on the fourth Monday in September last.
PAGE 2
1848, by adjournment, December
1848
The Court , that , as soon as
might be , the above named John Cook the younger , should be served with a copy
of the aforesaid Indictment, with the order thereon , by the Sheriff of said
County or his Deputy , and that in manner aforesaid , the said John Cook the
your or should be notified that the said Indictment would be entered at the
Term of the Supreme Judicial Court, next to be holden at Worcester , within and
for the County of Worcester , on the first Tuesday of October then next, then
and there to be heard and determined as the law directs . And it appearing to
the Court here that the said Indictment charged the said John Cook the younger
with a crime punishable with death.
It was ordered by the Court there,
that the said Indictment, together with the several orders of that Court, made
thereon , should be transmitted to the Supreme Judicial Court , next to be
holden at Worcester , within and for the County of Worcester , on the first
Tuesday of October , then next , there to be entered and proceeded upon
according to law. And the Court there further ordered, that the said John Cook
the younger , who was then in the custody of the Sheriff of said County , in
our jail at Worcester , in said County , should be held in confinement in our
said Jail, until he should be delivered therefrom by due course of law .
This Indictment was accordingly
transmitted to this Court, and entered in the same Court for this County at
October Term, 1848 when the said John Cook the younger , came before the Court
, under the custody of the Sheriff of said County , and was set to the Bar and
arraigned upon said Indictment, and having been enquired of how he would acquit
himself thereof, the same said that thereof he was not guilty, and thereof for
trial put himself upon the Country , and at the request of the said John Cook
the younger, Benjamin F. Thomas and Milton Whitney , Esquires , were assigned
by the Court , as counsel for the said Cook . and thereupon the said John Cook
the younger, was remanded to the Jail in said County , from whence he was taken
, and on motion of the said Cook the trial of this Indictment was postponed to
the fifth day of December 1848 , to which day this Court was adjourned and
afterwards , on said fifth day of December this Court was further adjourned to
the seventh day of the same December and now in this present adjourned Term ,
to wit on the seventh day of December 1848 .
The time assigned for the trial of
the said John Cook , the younger , before the Court here , again comes the said
John Cook the younger , under the custody of the Sheriff of said County , and
is placed at the Bar , and the said Thomas and Whitney October , 1848 , by
adjournment , December , 1848 . assigned by the Court as Counsel for the said
Cook , also appear a Jury is thereupon empannelled to try said Indictment , to
wit ; Isaac Davenport , who is appointed Foreman by the Court and Feblows ,
namely , Edward Aldrich , Gilman Day , Asa E. Edmunds , Joseph M. Green , Asa
Kilburn , Asa Marcan , Samuel Patrick Henry B. Pratt Jesse Spaulding , Alvah A.
Stone , & Isaac N. Stone who being sworn to speak the truth of and
concerning the premises , after hearing all matters and things , in relation to
the same , return their verdict therein , and upon their oath say , that the
said John Cook the younger, is
not guilty ;
It is therefore ordered by the
Court that the said John Cook the younger, be discharged of said Indictment and
permitted to go so thereof discharged, without delay. Ordered , that the sum of
One Hundred Twelve dollars and Forty Six cents , be paid out of the County
Treasury , to John W. Lincoln for attendance as sheriff of himself and deputies
at October last and this adjournment and disbursements , as by the account on
file , examined and allowed. (END)
He was acquitted but she had been dead for 15 years by the time he was acquitted.
A newspaper clipping adds unsubstantiated details: Apparently the first wife's sister, Melinda (who had been unmarried at the time) was "the dreaming witness" who believed John Cook poisoned Roxanna. It does not specify which sister contradicted her in "material points." But the jury did not deliberate long.
(One has to wonder what would lead Melinda to make an accusation to lead to an arrest at this time, so long after her death?)
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| Original Court Record 1/2 (Worcester County, MA) |
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| Court Record with Verdict highlighted 2/2 (Source: FamilySearch. org) |
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