The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-10-07
TRIAL FOR MURDER.
Reported for The Massachusetts, Spy.l

l~NFN'sNS ~ ~ ShA~coUStUOtIo spy
On Thursday last, came on the trial of Dam
lei Newton FOR the murder of Ezekiel Knowl-
ton, jr., before the Supreme Judicial Court,
sitting in this town. Present, Chief Justice
Parker, and Justices Putnam, Wilde, and Nor
ton. The prisoner exercised the right given
him by law, by challenging fifteen of the ju-
rors, after which jury was impanneled, and
John A. Smith of Leicester, was appointed
foreman. The indictment was then read 1t
charged Newton with having, on the 18th day
OF November last past, at Marlborough, in this
county, inflicted a blow on the left side of the
head of Ezekiel Knowlton, IT,, while in the
peace of the commonwealth of which blow
said Knowton fingered till the 29th of said No.
vember, and then died. On this Indictment,
Newton was arraigned at the term of the SUI
preme Court in April last, and plead not guilty
The Solicitor General, Daniel Davis, Esq,
opened the cause on the part of the prosecu-
ton. He recapitulated the charge contained
in the Indictment and then admonishod the jury
OF the Importance and responsibility of the du.
ty which devolved on them. He adverted to
the scruples entertained by some persons, Of
the right any human government to punish
The crime of murder with death; and said if
any Juror impanneled for this trial, entertain
ed such doubts, to such extent as to be infu-
enced thereby, in the making up of his judg-
ment, 1T was his duty now to declare it. He
then gave the legal definition of murder, and
drew the distinction between express and i'm
PIed malice. Where a man, without present
provocatlon, inf1icts upon another a blow or
commits any act which necessarily endangers
: lie, and death ersues, although there may be
no proof OF previous malice, the malice is i'm
plled by the act, and is sufficient to constitute
the crime of murder. He said it was possible
that the facts in the present case might be such
as would reduce the crime to manslaughter,
the distinction Of which would be pointed out
| to them by the Court, in which case thew
would, If the prosecution was sustained, bring
In verdict for that crime only. He then de-
tailed the facts he expected to prove, and pro-
ceeded to examine the witnesses
\ DT. WLHadn WOrkmdn, S1cOrn. At the re-
quest OF DIR. Williams, | attended an examIna-
ton of the body of Knowlton, on the afternoon
OF the 29th of November. had no previous
knowledge of the case, either by examination
or report. We found atumefactiOn on the left
side of the head, about two inches above the
ear, in the region of the parictaL bones. 1t
mad the marks of external violence, such as
would be caused by severe blow. l made an
inclson through the scalp, across the swelling.
8 and found marks of inflammation, such ms
would result from violence Cerum was effus-
ed into the cellular substance There was no
fracture of the skull. On removing the top of
the skull, we found coagulated blood between
| the membranes of the brain, called the dura and
pa mater | could not tell what ouantitv &C
the fluid part of the blood escaped upon the
floor while saving through the skull should
Judge there was two ounces of the oagulated
, blood which remained. On the part to which
the blood adhered, we found symptoms of sliUht
inflammation, such redness ofthe membrane.
&c. We examined the blood-vessels of the
! BRAN, and found an undue fullness, or con0es.
; tlom' The particular vessel from which the
oloou came was not discovered. The effect Of
5 c0nSest'0n is compression of the brain. and
when 1t takes place in any considerable degree
causes loss OF sensation and muscular motion
attended with stupidity. 1t does not necsssari.
6 ty produce death, but the effect is very dan.
gerous to life.
Question by the Solicitor General. From the
examination OF Knowltons head, and the
wound on 1t, and from view of all the circum.
Stances do you, or do you not, give it as YOUR
, opinion, as physician, that his death was
caused by the blow? .4ns. Such wonnd
undoubtedly, might be an adequate cause of
death, though not necessarily So In this case
: PTo00Dfy was the proximate cause, but the
result might have been influenced by the hah.
!, its and subsequent conduct of the deceased
Cross-erGmined by ". Lincoln, Es0. Full.
ness OF blood in the brain, or congestion. NAV
be produced by any thing which causes an nm.
natural tendency Of blood to the head Quest.
Hllght II not be produced by intemperance ?
7 FMS think n hard fit of intoxication miobt
r nave tendency to produce it, Ruptures of
oiood vessels, and consequent effiisions of
blood, may be produced when in health. from
other causes than blow, such as n violent a.
OF anger, or other passions when inordinataIv
excited. 1t is not liable to be caused bv ;ntem.
perance. The tumefaction was about / inch
one way, and 8 inches the other, and IF an
inch IN thickness. Underneath it, on the skull
was deposit OF cerous fluid slightly tinged
with blood. After the fluid blood Aoped On,
from the skull, the quantity of coagnIatsd
blood which remained was about two onnces
or wine glass full. From the appearance Of
inc blood, Judged that the effusion was not of
long standing. L cannot tell whether the coaO.
utated blood was thrown upon the brain imme.
diately before death or not. None of the nrin.
cipai biood-vessels we're ruptured, and did not
discover from whence the blood came. There
was no Inflammation of the substance of the
BRAIN The external membrane. or J,,yo mn.
ter, was infiamed, and the blood. vessels ver.
IN state OF congestion. examined no mari
oil the body except the head.
) DT oGmnet Z. Williams, strorn. first saw
hnowlton on the 18th of November He toId
me he had difficulty with Newton. who strucL
MN on the head, and he wished me TO examine
the wound. found tumor lust above tLe
ieit ear, Il or inches in one direction and d
III the other' which appeared to be filed with fluid
OF some kind. | directed some external appli.
cation and left him. l next saw him on Mon.
day or Tuesday. following, the 18th or 18th of
november. The tumor had diminished, but he
complained Of pain in his head. did NOT pre.
scribe any thing for him. He was at work for
capt, harrington. On Thursday, the 10Th, |
VASE was called to him at Capt. Harrington's, and
found him in eOmatoSe or torpid state. and
almost insensible. | could, sometimes Get a
reply to question, but ne would, again, imme-
dIately fall into doze. His extremities we're
quite cold | directed warm applications and
brought degree of warmth upon him. bled
hIm and administered cathartic and nut ON a