The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1825-10-12
aUorrestrr:
WEDNESDAY, OCTOBER IL, 1926.
CAPITAL TRIAL.
Supreme Judicial Court, October Term,
1926.

1925.
Commonwealth, vs.. Horace Carter.--This |
was an indictment for a Rape committed in |
the town of Brookfeld, on the night of the 23d |
of February last. Inasmuch as this was a |
capital case, and Produced no small degree of |
excitement in the community. we shall en-
deavor to give an abstract Of the evidence ad- |
duced upon the trial.
Ruth .Ainsl0oTth was the first witness called
on the part of the Government,is woman sew
enty-eight years old, and the person on whom
the violence was committed. She testified
that she was pauper of the town of Brook
field, and resided in the house provided for
the poor; that on the night above mentioned,
she was in said house with two other aged
and feeble females, who had retired TO bed in
the room where she was, and lame young
man who was in chamber that, between
eleven and twelve O'clock, she heard knock
ing at the door, and asked who was there
the answer was SO friend,' - that he was an
overseer of the poor, and wished to be admit
ted TO know if they were well provided for
that an admission being refused, he burst open
the door, came in, walked to the fire, stood
some time before it that while she was stoop-
ing to replenish the fire with fuel, he assault
ed her; that a struggle ensued, in which she
made resistance until exhausted; when he
committed the fact as charged in the indict-
ment. Witness further testified, that she was
much bruised and wounded, and that two of
her teeth were displaced by his attempts to
stihe her cries-that while he was standing
before the fire, she had an opportunity to OBJ
serve his form, his countenance, and his dress
that he was about six feet high, and wore a
dark coloured coat, dark pantaloons, white
stockings, with shoes, and a hat set back from
his forehead; that she recognized him when
she saw Carter the next day, and said he was
the man who committed the deed.
Martha Richardson, the second witness,
gave nearly the same account of the whole
transaction--said she was in bed, where she
had an opportunity of seeing nearly all that
passed, but being decrepid could render no
assistance. Her testimony was corrobo-
ration throughout of that of Mrs. Ainsworth.
She could not, however, swear that Carter
was the man the next day, as she saw but one
side Of his face, but when she saw him in the
evening by fire. light thought she had no doubt
that he was.
Lydia Potfer.-This was the other woman
who slept in the room-her testimony was in
substance the same as that of the other two,
though not so particular as to circumstances.
The next day, she said she could not swear
that Carter was the man, but the resemblance
was so strong, she had little doubt.
Scion Phapps testified that he was pauper
living in the same house that he was in bed
up stairs ON the night of the 23d of February;
that he heard the knocking at the door, and
the request for admission that he answered
no one should be admitted; that he heard the
door broken open, and Immediately got up
and went out to call Mr.. Walker, the keeper
of the poor, who lived at the distance of
few rods that when he returned, he found
Mrs. iinsworth much bruised, &C.. that she
gave them the same account of the affair as in
her testimony in court that he could not de-
scribe the man, as he in his haste did not OBJ
serve him particularly, but next morning recog-
nized a resemblance between Carter's uoice
and that he heard the night before.
Ezekiel Walker. Witness, said he was called
up on the night aforesaid by Scion Phipps,
who told him some one had broken into
the poor house; that he went to the house
with Phipps, and found Mrs. A. in the situa-
tion Phipps had testified to that she describ-
ed the man, and that Carter answered the
description.
Brutus Hodges testified, that he had some
business with Carter on the evening of the 23d
of February; that Carter went to South Brock
field with him, and that they returned TO his
house together that Carter helped him put
his horse into the barn, went into the house
with him and drank something; remain
ed some time, and (as he thought) at about
half past eleven went out, saying that he was
going to Briafeld that night; that the poor
house is on the road from his house to Brim-
field, about two and half miles distant that
in the morning his horse was not in the stable
,ob kan, s,.I,k k.fo i
that he was found at Mr.. Ezekiel Walkers
within short distance Of the poor-house ;
that he had known the prisoner number of
years, and knew he usually wore his hat fur
Their back upon his head than men usually
do.
.4lanSon Hanaihon.--W Witness said he was the
officer who took Carter with a warrant; that
he was at the poor-house on the morning OF
the Gath February; that he heard the woman
describe the man who committed the violence,
and that Carter answered the description ;
that the three women selected Carter from
group of twenty persons to be the man who
committed the deed, though Mrs. Richardson
and Mrs. Potter would not swear positively to
this identity. having strong belief, howev-
er, that he was the same. These were the
principal witnesses. Several others were call
ed on the part of the Government. and an at
tempt made to prove the prisoners confession
of the fact, which did not succeed. But few
witnesses were called on the part Of the pris-
oner, and their testimony did not in any ma
terial point contradict that of the Govern
ment's witnesses.
John Davis and Pliny Merrick, Esquires,
were Counsel for the prisoner the principal
point on which they rested the defence, was
the want of proof of Carriers identity with the
person who committed the fact. The prose.
cution was conducted by the Attorn ey C en-
eral, Morton.
After the charge of Chief Justice Parker,
the Jury retired for about one hour, when
they returned verdict of GUILTY.
On Saturday morning, the prisoner was a.
gain brought to the bar, where the Chief JUS
tice addressed him in solemn and impressive
manner nnnn the ennEraitx Of liz ,-...,a