Massachusetts spy and Worcester advertiser. [volume] ([Worcester, Mass.]) 1823-1825, 1825-03-02

ness of the eXtremties, dryness of the faces,
and paleness, and that he prescribed for them
as having taken poison.
In order to prove Reid's malignity towards
the Carol family, Henry Meigs, justice of the
fifth and eighth ward court, testified that on
the 4th of October, 1928, an ejectment was
tried before him, in which Reid was plaintiff,
Carol defendant; that verdict was given
| for plaintiff of So so cts. but in consequence
OF representation made by Jane Carol that
her sister was sick. witness refused TO issue
the order for removal. Reid was very angry
at witness for his refusal, and very pressing TO
obtain the warrant, but witness refused to
grant it. Reid knew that the child was
sick.
We have no room for any more of the evil
dence, or the remarks of the counsel for the
defendant. The following is the charge to
the Jury:
Gentlemen of the Jury--It 6evolves upon
us under our oaths to pass upon the prisoner
lie is charged with an attempt TO poison the
family of Mr.. Carol, crime of most horri-
BILE nature, the consequence ofwhich, iffound
guilty, will be Imprisonment in the peniten-
tIary for not over three years. In all coun-
tries poisoning is considered as the most de-
testable OF crimes no courage can withstand
it, no power resist it. Man shrinks at the
| idea; it is indeed a dangerous and trightfully
alarming crime. 1t is in evidence before us
that small portions of poison, not larger than
kernel of wheat, will destroy life. 1t is one
OF those cases in the catalogue of human Of
fences, where we must be guided solely by
the rules OF common sense, because the pris-
oner perpetrated his deed covertly, and in
manner that can only be reached by circum-
stantial evidence. The first question then for
you to decide is, was the family of the Carols
poisoned? On that subject we think there is no
difficulty. The evidence of Doctor Ayres is
conclusive on that subject. The very nature
OF the case debars all doubt that they were
poisoned by some metallic poison, and as these
tarts were incrusted with white powder, Of
which nature arsenic has been proved to be,
we must conclude they were poisoned by
arsenic. Forming this conclusion, gentlemen,
that poison was administered, We arrive at the
second question, by whom was 1t administer
ed! or who, in the range of human probabili-
ty, was the most likely to have administered
1t! And first, it has been suggested, BY the
counsel for the prisoner, that these cakes
! might have been lett there by some charitable
person, perfectly unconscious Of their having
been poisoned; but had that been the case,
would they not have Immediately come for
ward and given AN explanation but we think
the suggestion improbable, as there would
not have been this mystery about an act of
charity. The next supposition of the counsel
Is, that Carol may himself have poisoned
these tarts, or infused some Slight emetic into
them, TO excite public sympathy in his favor,
and thereby recover heavy damages against
Reid in the suit now pending. This idea we
must repel as unnatural and Incredible be-
sides, Carol himself partook of the tarts.-
Next come we TO Parazan, the man with
whom Carol had the quarrel but the witness
himself treats it as a slight quarrel, and he
swears positively that he knows nothing Of
the basket. This, as he is introduced by the
defendant, we are bound to believe. Lastly,
| gentlemen, we come to Reid; and here let ne
pause, and calmly and dispassionately exam
Inc the different facts. First as to the basket.
Several witnesses swear they have seen
Mrs. Robb with basket like the poison bas-
| ket, and though they do not swear it is the
same basket, showing thereby their regard for
their oaths, yet they say it is exactly similar
besides, Mr.. Reid had it in his power to have
produced Mrs. Robb to have refuted that fact,
or, If he had it in his possession, the basket it.
self. Mr.. Reid will therefore have TO bear
the full weight of that circumstance, particu-
larly as it was in his power to have disproved
1t, if capable OF a refutation. The next fact
is the cord; and really, gentlemen, though
they have produced witnesses to testify to
their acquaintance with this kind of cord, it
does appear, from even their testimony, to be
nevertheless uncommon, and particularly so
IN the form here exhibited. This must also
be set down as a strong fact against the pris.
oner. The house was searched on Sunday
afternoon, and all the various kinds Of cakes
there found, corresponding to those in the poi
son basket; and as remarkable fact, none
other but these same cakes were discovered.
AL these circumstances go to show, that the
poisoned tart came from the house of Reid
| The prisoner himself and his counsel felt that
he was surrounded by strong circumstantial
proof, and he has endeavored to meet it. He
has shown TO you, with regard to the arsenic,
that he wears it in a belt, as remedy against
a disorder with which he is troubled. He has
exhibited toyou variety of cords, to show
that this cord is by no means uncommon and,
lastly, he has produced an excellent character.
Gentlemen, character, in all doubtful cases,
should indeed have powerful influence, and
in this case particularly, had it not been also
shewn to you that if he is, as represented,
kind and benevolent, he is also at times cruel,
inhumap and revengeful. His conduct to the
Carol family, was unmanly in the highest de-
gree. At late hour Of the night-in the ab-
sence of her husband, and her next natural
protector on earth, her son-surrounded by an
infant family-with a sick child in her arms,
he drags her from his house, and exposes her
to the fury of the storm. This fact in itself
speaks volumes it exhibits the rancorous and
revengeful spirit Of the prisoner in manner
that goes to the heart ofevery human being
Another fact is his threat that he would have
them in the penitentiary. All these things
| considered, we come to the general question,
whether on the whole evidences you think
him guilty. lion the whole evidence you think
him innocent, acquit him. If you entertain a
just and reasonable doubt, let that doubt pre-
vail on the side of mercy but if from the
whole testimony as delivered, You think him
guilty, however painful it may be, find him
so.