The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-03-09
FOR THE MAssACHUsETT SPY.
JUDICIAL INVESTIGATION.


JUDICIAL INVESTIGATION.
The recent prosecution against the Sheriff of
this County and two other respectable indiyid-
uals: instituted by Eliakim Davis, having ex.
cited considerable interest, from the character
and standing of the parties accused, it appears
to be not less just to the public, than to the in
dviduals implicated, that faithful account of
that extraordinary proceeding should be pub
lished.
The complaint, sworn to by Davis before
Aaron Gates, Esq. of Hubbardston, charged that
the defendants had in their possession, GER
tain false, forged, and counterfeit award, pur-
porting TO be made and signed by Joseph
Worcester, Seth Phillips, and John Willard,
Referees in certain submission, wherein said
Davis was plaintiff, and Elisha Carter was de-
fendant; and that, knowing the said award to
be false, forged, and counterfeit, they uttered
and published it as true, with intent to iniure
and defraud the complainant, Davis.
Upon this complaint, warrant was issued
by Justice Gates, and committed to an officer
for service. ile made the arrest, and brought
the defendants before Charles Allen, Esq, of
Worcester, before whom an examination took
place on Friday last.
The complaint was manifestly defective and
1t might have been dismissed, without further
investigation, if motion to that effect had been
made. But the respondents peremptorily di-
| rected their counsel to take no such exception :;
but to proceed in such way as to afford the
prosecutor an opportunity Cor the fullest and
most complete investigation.
Mr.. Cowdin and Mr. Carter, two of the re-
spondents, were, almost Immediately, discharp-
ed; 1t appearing that there was not the slight
est evidence tending to implicate them. No
effort was made by the complainant, or by his
counsel, TO uphold the prosecution against eth
er of them.
On the examination ofthe prosecution against
the Sheriff, it appeared that in the year 1922
Davis the complainant, having made certain
demands against Philip F. Cowdin and Elisha
| Carter, the parties entered into two Rules of
of Reference, submitting the matters to the ar
bItrament of Joseph Worcester, Seth Phillips,
| and John Willard. Trials took place before
the Referees IN the month of August of that
year. Their awards were made and returned
to the then next term of the Court of Common
Pleas. The award was in favor of Davis, for a
small sum of money against Cowdin and
against Davis in favor Of Carter. The Sheriff
was at that time at the Bar and was counsel
for Mr.. Cowdin and Mr.. Carter.
1t was admitted BY the Sheriff, that as soon
as the Referees had agreed on their reports
their decision was made known by them to
| the parties; and that the award in favor of
four cents. He admitted also, that he subse.
quently altered that award, from fifteen to
t,oenty dollars; but commended, that he did SO
by direction of the Referees, and in their pres.
enco.
IL appeared that the whole of both awards
was in the hand writing of the respondent, ex-
cept the signatures of the Referees-he having
drawn up the reports at their request
In support of the prosecution, Edward Smith
testified, that Mr.. Cowdin, within few DAYS af.
ter the Reference, and before the court to which
the award was returned, informed him, that he.
Cowdin, was present and saw the respondent
make the alteration; that he also said some
thing about mistake, but witness could not
tell what, nor if he mentioned who were pres
ent when the alteration was made. He said
| that Carter also informed him of the alteration.
and told him at the same time, that he rave no.
tIce to Davis to come and see it done but
whether Carter said any thing about the con-
sent of the Referees, the witness could not re-
collect.
Bradyl Livermore, Esq, testified that some
years after the first reference, he was referee
between the same parties that Davis then
claimed sum of money for damages alleged
| to have been sustained bv him on account of
the trouble and expense he was put to in con-
sequence of the alteration of the former award ::
that the respondent, then being counsel for
! Carter, stated to the Referees that Mr. Carter
could not have been to blame about that mat
ter, for that he himself made the alteration in
tho presence of the Referees and at their re-
quest that Seth Phillips, one of the former
Referees, was then called and testified, that af
ter the award was made in the case when he
was Referee, he was notified and went to the
office OF the respondent, where he was shewn
certain tgures, and that an attempt was there
made to convince him of mistake but that
he did not consent to the alteration of the award
or know OF its having been done that Cowdn
was then called as a witness, and said he could
not vary the testimony of Phillips.
Payson Williams, Esq, testified, that ho was
one of the Referees with Livermore and Mr.
! Gibson; the latter is now dead He did not
recollect the testimony of Cowdin.
Jacob Sawyer testified, that he was spec-
tator, and present at the reference mentioned
by Livermore and Williams that Phillips IN
on being sworn, said he was in the respondent S
office as mentioned by former witness, but
that he did not see the mistake which they at
tempted to point out to him, for if Davis had
paid the award two hours before, it would have
been all settled and he could not see, how he
should owe more now; that Phillips did not
say whether the alteration was, or was not.
made in his presence. The witness further
stated that he was with Davis when Mr.. Wor-
cester, the Chairman, requested him to 90 to
| the respondents office.
Samuel Houghton being sworn, said that Mr..
Cowdin told him within one or two wears past,
in the presence of Davis, that the respondent
made the alteration in the presence of the re-
ferees and by their direction, he using the
words " so say you, Mr.. Chairman, so say you
ALL"
1t appeared that Mr.. Worcester, the chair.
man, was dead, and that Mr.. Phillips, men
toned by Lvermore and Sawyer, now resides
in Canada.
This was all the evidence offered by the com.
plainant; and it is zoo obvious to require any
argument to show, that it is wholly insufficient
to sustain the prosecution.
But the respondent availed himself of the
opportunity to prove the facts of the transac.
lion, as they actually occurred.
Philip F. Cowdin was sworn, and testified,
tnat he was present at the trials which took
place at public house in Fi:chburg, near the
ounce oil the respondent that after the awards
were published, and delivered sealed up to the