The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-10-07

turned and told him to keep back and not come
nigh him, for he did not want TO have any thing
to do with him. Knowlton then stopped and
leaned against the wall till Newton had gone
near two rods. He then followed on, till he
came within four or FIVE feet of him. Newton
said, 1t man comes up to me in that way,
will knock him down if | can" Knowlton
replied, Well, then, knock me down" New
ton then turned and struck him. The blow
was given with great violence Knowlton had
palm leaf hat on.
CrOsS-eIGmined. The distance that Knowl-
ton followed Newton was about 81 rods. New
ton told him, three times, TO keep back. Knowl-
ton did not seem to be badly hurt. His fist
was clenched when he asked Newton wherein
he had misused him. Knowlton was stopped
and leaning against the wall when Newton
struck him. l do not know Of any purpose
which Knowlton could have in going the way
he did, except to follow Newton. Newton did
not go out of his course to strike the blow.
Knowlton talked loud, and appeared to be an
cry, but did not offer'to strike Newton
Daniel Chsckertng testified to most of the
facts relating to the blow already stated.
Newton turned partly round, and struck Knowl-
ton over his left shoulder Knowlton sailed
down and cried" Oh dear he has killed me-"
A little while after, Newton said, if he had had
an axe or iron bar, he would have struck just
as quick. All he was sorry for was, that he
had broken HE whip stock.
CroSS-eIGnss1red. When Knowlton left, he
went away in direction opposite to that in
which he followed Newton. When following
Newton, he had his fists clenched l do not
think Newton moved his feet out of their places
to strike Knowlton, but turned his body and
struck over his shoulder. Knowlton was not
directly behind him, but partly on his left side.
Thomas Harrington, jr, s,cOrn Three or
four weeks previous to the 18th of Nov. sold
Newton large, heavy, walnut whip stock,
about an inch and quarter in diameter at the
butt. The evening after the fracas, Newton
came into my house with two other men in
whose custody he said he was for striking man.
concluded from what followed that this was
not true, but was said in jest. They had the
whip stock with them. Newton made some
remarks, which l told him were very impru-
dent for a man in his situation. He said he
was not afraid of their making out any thing
against him. He said he was sorry his whip
stock broke so quick, and exulied in what he
had done. do not know what become of the
whip stock. | saw no officer, and the men
soon left. Shortly after, Knowton came in.
While there, some one come after him to go to
Nelson's tavern to see if he and Newton could
not settle. This was on Friday. On Monday
morning Knowlton came to work for me in
digging trench for an aqueduct. In the af-
ternoon he helped bore logs. He did not COM
plain of being unwell. He drank spirit two or
three times in the course of the day. He con-
tinued to work for me on Tuesday without
complaining. The work was hard He came
In about sun set. do not know of his having
any spirit IN the evening. About 9 O'Clock he
complained of a terrible headach and went to
bed. The next morning | arose before sunrise
and found him on my bar room -four He laid
IN hack hos a rr;t boo
under the table. spoke to him but he did not
appear TO notice me- then took him by the
arm and spoke again, aAd he said he would get
up. He could not get up alone and called
for assistance. He was very cold. DR.. Will
llams was passing by, and | called him in. /
generally lock my bar door and put the KEY in
my pocket. | cannot tell whether | did that
night, but should think that did not. Knowl-
ton was removed from my house that after
noon. The next Monday he came TO where
was at work, about two miles from his fathers
and sta:d half an hour. The Wednesday after
he came to my house again. About sun set he
went away, saying he was going to Mr.. Noyes's
about mile and half distant. When Knowl-
ton was about his work he did not drink more
spirit than others; public occasions he
drank considerably, but never saw him much
intoxicated. He was not considered very in
temperate man, though he could not be called
the most temperate. should net think he was
in the habit of drinking enough to injure his
constitution.
Here the Court suggested to the Solicitor
General the propriety of abandoning the at
tempt to procure conviction of murder unless
he had other proof of malice as from the pres.
ent appearance of the testimony, Newton sought
no controversy with Knowlton, but on the
contrary avoided it, repeatedly requesting him
to keep away. The Solicitor, Welding to the
suggestion of the Court, abandoned the charge
of murder, and gave notice that the testimony,
on the part of the government, was all in
The defence was then opened by William
Lincoln, Esq, who congratulated the Jury that
they we're now relieved from the necessity of
trying the prisoner on a charge affecting life.
He then stated the grounds of defence on the
charge of manslaughter, the most important of
which was, that the death could not be traced
with certainty to the blow, and that, if it could.
it would appear that it was principally owing
TO the subsequent gross misconduct ntemper.
ance, and exposure of the deceased for which
the prisoner could not be held accountable. He
then proceeded to call the witnesses for the
defence.
Gilbert W. Haoen, sDorn Knowlton staid
at my house the night of Nov. 13. There
was swelling on his head, and he complained
ofsome pain. The next morning the swelling
was abated and appeared small. While at nv
house he drank four glasses of spirit, but did
not appear intoxicated. About a week after
he came to my house from his fathers, 81 miles
distant, on foot, and staid half day at a tur-
key-shooting
Abel WesSon, s,oorn. KnowIton was at nv
tavern on Friday evening, the day but one al
ter the blow. He appeared to be we'll He
drank several times. Newton came there first
with DR.. Seth Knowlton, and Knowlton was
sent for at Capt. Harringtons to see if they
could not settle. 1t was left TO referees who
decided that Newton should pay Knowton So
with which he appeared satisfied, and called
for some liquor. When he went to bed, he ap.
peared to be intoxicated. Was in the habit Of
drinking freely oil public occasions
Ephraim WessOn | mixed shirt for Knnu,I.