Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-10-06

sitting of the Supreme Court in Worces-
ter last week Daniel .NeaOton was tried on
the charge of having murdered Ezekiel
Kno,olton, with walnut stick at Northbo-
rough, in this county, on the 18th of Nov.
last, by q blow on the left side of the head,
of which blow he died on the 29th of the
same month.
Several physicians were called as witness
es. who testified to the situation of Knowl-
ton before his death-that there was tu-
mour on the left side of the head which had
gradually subsided-that he afterwards COM
planned of pain in his head, &c. After his
death, on examination, there was discovered
an effusion of blood over the brain, as by the
bursting of blood vessel. But it was stat
ed by the physicians that intoxication might
produce such an effusion, so might apoplexy
or sudden anger. The same appearances
might arise without the blow, though intheir
opinion the blow would be sufficient to pro-
duce them.
The principal facts in the case, preceding
the blow, were as follows, viz. THAT New
ton was at work for one Oliver Chickering,
and towards the close of the day Knowlton
came up when they were at work, and
agreed to work for witness the next day.
Newton then declared that if Knowlton was
to work for witness, he would not--nor
would he work in the lot with him. New
ton drove off his team, and K. followed him,
and asked him how he had misused him. N.
said he would let him know, and as K. was
following turned and struck him on the side
of his head. K. "sallied, went nearly
rod" and ceased himself on to the ground"
Witness helped him up. N. said his reason
for striking was that K stole from him when
he was in the County House. K. appeared
to be in liquor. Another witness stated that,
before N. struck, K. was following, not far
behind, with his fists doubled up, and N. de-
clared, (" if man will come up to me in that
way, l will knock him down if / can" K.
answered, "knock me down. and then N.
struck. 1t appeared further that K. was en-
gagged in active and laborious work for some
days after this ARRAY. This was substantial
ly the evidence for government, and the
court then suggested to Mr.. Solicitor that
no sufficient malice had been proved to con-
stitute murder, and that the trial had bet
ter proceed on the charge of manslaughter
alone.
Mr.. Lincoln opened the defence, and stat
ed the various grounds of law and of fact
on which he should rest the case. The
principal ground was that his death was oc-
casioned by his habits of intoxication, or
some other cause than the blow, and that he
had been much intoxicated after the blow.
That he had appeared perfectly well for
some time after the ARRAY, &c. &c. The
case was submitted without argument.
These facts having been substantiated to the
satisfaction of the jury, they, after having
retired for short time, brought in verdict
of Not Guilty.
1t may be proper to remark that after the
ARRAY, K. obtained warrant against N. and
that finallythere was an adjustment between
them. by which N.agreed to pay six dollars,
and K. the cost that had arisen.
DANIEL DAVIS, Solicitor General, for
Commonwealth.
REJOICE NEWTON and WIN. LINCOLN,
Esqrs., for the prisoner.