The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1828-12-17

hair off, washed off the blood, put together
the edges of the wounds. There were
eight large wounds on the head; any one
would be sufficient to produce death. She
could not speak; she appeared laborlng I'M
der compression of the brain. The wounds
were long and lacerated. My opinion is
they were given by blunt weapon. The
throat was not cut with a knife, but gashed
by blow. / examined one of the wounds,
the confused one. | did not make an ex-
animation of the skull after her death, her
friends being Catholics, objected to it. l
examined the wounds the first evening IT
was evident she could not live long. The
wounds might have been by the whip on
the table now. The jaw and teeth were
firmly clenched together, so that | could
not open them to examine the wound IN the
throat. The clenching was u symptom of
death. / called for her friends and told
them she was irrecoverably gone. She
died that night, / saw her dead body the
next day. l am perfectly certain that she
came to her death by these wounds.
could not see the least appearance of liquor
having had an agency in producing her
death.
The case was committed to the Jury at
! / o'clock on Thursday evening. They i'm
mediately retired, under the care of six
constables. Before one o'clock the next
morning, one of the Jury apprised an at
tending officer that they had agreed on a
verdict, and the Court was convened to
.-eceive it; but some doubt arising in the
mind of one or two of the. Jury, they were
sent back. At nine o'clock on Friday the
court again convened, and in reply to a
doubt expressed by Juror as to an incon-
gruity in the testimony, Judge Gibson refer
/ red to his notes, and a conversation took
place between the court and Jury, which
| lasted for an hour, when the Judge ordered
! them back to their room to remain till they
| agreed--observing that if they did not
agree, the court should feel bound to dis
charge them. and that the prisoner would
necessarily be set at liberty. About three
O'Clock in the afternoon the Jury returned
to the court, and pronounced a verdict
"Guilty of Murder in the second degree
The Chief Justice then addressed the pris-
oner as follows:
Michael M'Garvey-You have been con-
v;cted, by Jury, of Murder in the Second
J Degree. You have been most wonderfully
and mercifully dealt with. The evidence
was simply sufficient to warrant conyic-
\ LiOiIs NhANH hAu IL OCCH " thC
Jury would have deprived you of your life.
You have escaped by miracle. Be CRATE
! full, then, to that Providence which has SC
wonderfully interposed to preserve your
wretched existence. If the deepest re-
morse does not pursue your future steps
then must you have indeed a conscience
I impervious to all feeling of shame, and Of
repentance.
Your treatment of your unfortunate and
murdered wife, was disgrace to man
there was nothing to impeach the propriety
of her conduct. She was mild and confd-
I ing you have acted towards her like devil
in human shape.
/ The imperious duty of this Court is tc
| give you the highest punishment which the
law admits. Had the Jury dealt with yol
as you deserved-had they given that YER
dict which would have entailed death
death you should have suffered The sen.
tence of the Court is, that you, Micbae
MGarvey, be confined in the Penitentiary
for the term of eighteen gears, nine of those
years in solitary cells, to be kept on low
diet, and the remaining nine years to HARD
labor.