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

the time.
The defence was opened by CHARLES Al
LEN, Esq. by citing authorities which explain
in detail the distinction between murder,
manslaughter, and excusable homicide. AZ
ter which, the facts upon which the defend
ants counsel relied as constituting his de-
fence, were narrated TO the jury, as they sub
sequenty appeared in evidence.
The witnesses were then called.
Moses III. FeHOn-Flas been acquainted
with Esther Green, the first called witness
Her reputation for veracity and chastity is ex-
tremely bad. She has lived with a black
man, and has some children. Her reputation
for truth has been Uery bad, ever since have
known her, wherever she has lived. For a
year and half past undGrsss stand she has re-
lisa French, Jr.-The reputation of Esther
Green for truth and veracity is very bad. |
have known her many years, and she always
has been called noiorious liar. She lived
several years with black man called 10.
Salisbury, and had some children. Afterwards
she left her family, and resided at Daniel
stones.
Six other witnesses testified TO the charac-
ter of Esther Green. The substance of their
testimony was, that her character for truth
and chastity was entirely PROSTATE and worth
less; that she has stayed in Worcester two
or three weeks al time, twice, during the
summer past, both of which times she resided
at house of VIGOROUSLY i'll fame.
John S. Burt passed the house of Dan
iel Stone between the hours Of 10 and /, on
the morning OF Oct. 81. Before | got 10 the
shop, heard noise in it, and soon after saw
Moses Stone pitch his father out of the door
headlong. Prisoner turned around, and asked
Moses to let him go in. Moses then raised a
hammer or Ratchet, and struck at prisoner,
saying, Cd you, if you come into the
shop again to-day, will split your trains out.
Prisoner then turned away, and went into the
house. He appeared to be afraid of Moses.
| returned when the sun was about three
quarters of an hour high. ! met Esther
Green about half mile from prisoners, com
ing from the store with a jug of rum, and a
basket, very much intoxicated. She tell three
times in attempting TO get out of the way OF my
wagon, and dropped her basket two or three
times. | now reside in Worcester. At that
time res ded in Oakham.
Otis StOne-ls not related 20 the prisoner.
Was returning from Vermont on the evening
Of Oct. 81. There was bright light in pris-
oner's shop. Moses Stone and Esther stood
at the door, and heard swearing and rough
Il
hard blow with stick on the floor, swearing
at the same time. voice in the shop, appa-
rently the prisoners. said 10 him, " let me
alone" This was about o'clock. Nose.
appeared to be in a passion. | heard the
noise of the voices til had passed the shop
Fifteen or twenty minutes after got home,
heard that Moses Stone was shot. | live A.
bout mile and quarter from prisoners
The door of the shop is not more than 6 or z
feet from the travelled way in the road The
stick in Moses hand was as large as an axe
helve.
| Richard X. ShaHuck--Is seventeen year:
| of age. Lives at Otis Stones. Passed pris
oner's house returning from mill betwixt 8 and
y O'Clock the evening Moses was killed
Heard swearing and angry words in the shop
here we're two or three voices. Could moi
distinguish what Was said I went directly
home, turned my team out and went TO bed
and Immediately after heard that Moses Stone
was killed.
Isabella FelOn.-Esther came to our hous,
| one morning, and asked her if she thought
they would hang old Mr.. Stone. "Hans
him." said she, eyes, by G., would hang
him myself for half pint of rum''
John Caid,oeH.-Heard the conversation
testified to by last witness, word for word a:
she related it. Esther appeared to he sober al
the time.
Simeon HaskeH-saw Esther at Mr.. Fay.
store about O'clock in the afternoon of the
day Moses Stone was killed, with jug o.
rum. / afterwards met her in the road neal
o'clock She was .hen quite noisy, and ap.
peared TO have been mixing.
Mary Harris Between shutdown and
dark, last evening, i went up to see prisoner
in company with Esther Green. On Esther:
being questioned, in relation TO the transac
tions of the 3lst Oct. she said that, when
they went to the shop, Moses pressed against
the door, and something which was against il
fell. Prisoner said, who is there? Moses an
swered, none of your business.
Lncrettd SOne. Esther Green called al
the house of Otis Stone, my son, the day Mo-
ses was killed. She appeared to have been
drinking. She danced while there.
Here the question of the adniissibilty OF
testimony to shew former quarrels between
the parties, again occurred, and the Court de-
cided that it might be admitted, to shew that
prisoner had such reasonable cause of appre-
hension, as 10 justify his taking arms into the
shop, to defend himself with.
LuCretiG Stone, in continuation.-Earl in
October last, was passing prisoners house,
and saw Moses pitch his father headlong out
Of the shop. Prisoner offered no violence to
Moses, nor did he resist farther than to en-
dcavor TO save himself. He appeared to be
afraid Of Moses.
RawSon .Morgan.--Lived four months at
prisoners about years since. | was there
cue day last August. While there, saw Mo
ses have his father on the ground, beating him
violently over the head, with the butt of a
whip handle, about Q feet long. | was about
four rods distant, and went as quick as could
and took Moses by the collar from his father,
and told him he had whipped him enough
Moses said, "D-n him, if he is not easy,
will whip him to death'' Moses appeared 10
have been drinking. He was habitually in
temperate, and, when in LIQUOR, was very vi