The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-03-09

erees, believed he discovered a mistake bv
which it would appear that Carter ought to
have recovered five dollars more than was
awarded him; that Mr.. Carter then asked If
the mistake could not be corrected to which
the respondent replied that it could. and that
now was the time TO do it, while the referees
and parties were together; and he directed
Mr.. Garter to go and invite the referees into
the Office for that purpose, and to give notice
to DAVIS, and request him to come also that
Mr. Carter then went out for that purpose:
that the referees soon came in and that Mr.
carter on his return said Davis refused to
come; that the chairman then went himself
to request the attendance of Davis. but soon
returned saying that Davis refused TO come
that the referees then examined the figures.
from which it was inferred that mistake had
been made and, after some little time, the re-
spondent asked the chairman, if he should open
the report and make the alteration, to which
he replied "yes;' that the respondent then
said 9 so say you, Mr.. Chairman. so saw Won
ALL and that no objection being made, the re-
spondent opened the papers, and proceeded, as
he supposed, to make the alteration in the pres
ence OF all the persons then in the office.
Elisha Carter was next sworn, and testified
as to the discovery of the mistake, and his re-
quest to have it corrected, as Mr. Cowdn had
stated. He further said, that he went to Da-
Wis, and gave him notice, and requested him to
60 to the respondents Office, and that Davis
refused, uttering at the same time much abu-
slve language against the respondent that he
then went back to the Office and told what had
taken place between himself and Davis: that
then the chairman at the respondent request
went personally after Davis, but soon returned
saying that Davis had treated him very badly,
and refused to come; that the referees then
examined the figures, and the supposed mistake
, was pointed out to them by the respondent
that soon after he asked if he should open and
alter the award, to which the chairman replied
" yes" and the respondent said /" so say you,
MIR. Chairman, SO say you all, )" and that no OBJ
lection being made, he then opened the papers,
and made the alteration in the presence of the
referees. of himself, and Mr.. Cowdin.
From the records of the Court of Common
Pleas, it appeared, that the awards were
presented for acceptance at the term held next
after the reference that both reports were ac-
cepted that the award in Carter's case was
reduced to fifteen dollars and four cents as it
was made originally and that at the same
| time like sum of five dollars was taken off
from the award in favor of Davis against Cow
din from which it was inferred by the respon-
dent, that the mistake actually existed and that
the alteration was probably made in the wrong
report. OF this however there was no certain
evidence, as the paper containing the figures
was not now to be found; and no distinct
recollection is entertained of this small transac-
ton now nearly nine years past 1t appeared
further from the records, that no cost for wit
nesses brought by Davis to impeach the report,
was allowed him but the cost for witnesses
was allowed to Mr.. Carter.
The magistrate at the close of the investira.
ton, promptly discharged the respondent; Oh.
serving, In substance, that he considered it a
matter of congratulatlon, that legal nvest-
cation had taken place, in relation to the trans.
action; that it appeared very clearly, that moth
ing improper had been done by the respondent,
and there could be no just foundation for any
imputatlon against him.
1t cannot be improper to add, that it is per-
fecty well known, that this atrocious SANDER
against the sheriff has been widely published bv
Davis, the complainant, for years that he has
made application to great number of maes.
tfales to institute prosecution; but the infa.
nous character of the man has hitherto pre-.
vented any notice being taken of it, either by
public officer, or the injured individual Beside
the general knowledge in this community ofhis
reputation as common slanderer, and disturb
er OF the peace, it may be well to add that he
has once been convicted as a common barretor,
and therefore sentenced to fine and imprson-
ment that he was next convicted and imprs.
/ ohSu iol ZIG crime OF Inalntenance-l0I which,
however, it is understood he was afterwards
pardoned that he was subsequently convicted
and sent the House of Correction as Com
mon Railer and Brawler - and that at the last
term of the Supreme Court, in this county,
verdict OF guilty was returned against him, on
an indictment for Common Barretry, but upon
which he was not sentenced in consequence of
motion for new trial, which is still pending.
1t is but justice to close this detail with the
remark, that for probity of character, and the
most unquestioned integrity, no man in this
community stands higher or farer than the
Sheriff of the County Of Worcester.
Twas counsel for the defendants in the prose
cution, of which have given an account; and
have endeavored to furnish, and believe have
succeeded in giving, fair and impartial account
of the trial PLINY MERRTCK
| Worcester, March Z, 1881.