The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-10-11

1890
Commonwealth VS.. Da1aiel Stone.
| This trial took place on the 9th inst. Or
calling over the jurors, sixteen were challeng
ed by the prisoner, and one excused for having
heretofore expressed an opinion. The follow
ing jury was then impannelled:
Nahum Fay, Of Marlborough, Foreman;
Reuben Barton, jr. JMiLbury;
John Fowler, .Northbridge:
Jeduthun Green, Rutland
Washington Howe, Petersham
Hiram Knight, Leicester;
James Newcomb, Barre;
Andrew Penniman, .Mendon
Noah Stockwell, .Athol;
Elisha Sawyer, Tsmpleton;
Daniel Waite, North BrOOkfsld
John Yeats, Douglas.
The indictment charged the prisoner with
having, on the evening of the 3lst Of October
now last past, malcously and felonously, and
with intent to kill, fred gun charged with
powder and wadding at Moses Stone, which
wounded him so severely as 10 cause his death
Immediately after.
The case was opened, on the part of the
Commonwealth, by Daniel Davis, Solicitor
General, in brief speech, in which he ex-
planned the different kinds Of homicide, and
stated the facts which he expected to prove on
the trial, and then proceeded to call the wit
nesses, as follows.
DR.. Charles .4ddn1S.--On the 3lst Of Octo-
Der, 1926, was called to Daniel Stones, about
0 O'Clock in the evening, and found Moses
Some dead He had wound on the left
side, which supposed entered the stomach
Hi. shirt appeared to be burnt the size Of my
hand. Did not examine the wound very par
ticularly. have no doubt the wound was
the cause Of his death. The building in which
the body lay was about six rods from the
house. The prisoners wife was in the house.
Esther Green.-On the morning Of Monday,
October 81, and through the fore part Of the
day, there was no disagreement between any
Of the members of the family. After noon
went to the store, and pawned pair Of cards
for two quarts of rum. When got home Mo-
SEES made some sling, which we drank togeth-
er. and then Moses carried some rum to his fa-
Their, in the cooper's shop. went after the
COW, previous to which heard Of no difficulty.
When | returned about dark, found the coy
erlet gone from the bed, and the old lady said
prisoner had got it. Moses said ne would 20
and get it, stepped to the door, and heard
Moses tell his father that his mother want
ed the coverlct---he answered, Well,
she shan't have it," | then went into the
house, and pretty soon Moses returned with
the coverlet. Between and o'clock, |
went down 20 widow Henry Kely's, and on
my return prisoner stood in the shop door. TIe
had bright fire. asked him ihe was going
to work all night. He turned and walked in
to the shop without answering me, and shut
the door. II was not common for him to work
so late, and ! mentioned il when went into
the house. His wife requested Moses to &c
and persuade him 10 come into the house.
Moses requested me TO go with him. Moses
opened the door, and we went in. Prisoner
laid on the floor with hat, stockings aud shoes
on, with his feet to the fire. ] saw something
lie by his face, which looked like black
stick. Moses went round to his fathers he ad
aud requested him to get up and 20 into the
house, and asked him what was the matter
He spoke kindly to him. Prisoner sprung sud
denly OH his feet, and said &C. d--you, what
are you here for" and shot the gun instantly
| was so frightened that fell against the
bench Moses exclaimed "My God You