Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1852-01-30
Court of Common Pleas, Criminal Term.
AT WORCESTER, January %, 1852.
BEFORE JUDGE BYINGToN.
Trial Of Greeley Putney, of Westboro', for
Granddaughter.
(CoNTINUED.)

took hold oil the pedlar, and they began TO quarrel
and went out Of doors. MeIaDey was in the house
went out, and Puney and the pedIar standing
at the door. The pedlar crying, and said Put
ney, that he bad told him he would stick to him like
a brother. They came into the house again. Put.
ney took bhlle OF liquor out OF his pocket, and
offered me some. ] drank. Pulnty and the pedar
went out again. went out, and as did So the
pedla struck me in the head. ! pushed him one
side, and Putney struck me again. The pedlar then
took up stick and aimed blow at me- which
Tended off. Afterwards ] saw Putney and Melaney
taking hold Of each other. went up to them, as
Meaney wanted TO get away. Putney struck at me
but did not hi me, and then the pedar struck Mela-
ney with the stick, and knocked him down. Mela
not see the blow struck. As Putney let go of did
ney, he came at me, and | went into the house.
Cross Eramined.-Did not see any blow given by
the pedlar. AT the time Pulney had me down by the
fence. Did not see Puney and Melaney quarreiling
Did not see Putney strike any but me, and me he
did not hurt. Did not see Putney quarrelsome
toward any one but the pedIar When Putney struck
me paid no attention to it. When the pedlar at
tackled me, | knocked him down twice. think
Putney was good deal intoxicated. The pedar
not much as PutneY.
HARRIET A. OFTHANK was in the house
opposite TO Mr.. Shay's, on the 9th of October
last. saw Pntney there, also pedlar and Mr..
Riley. | was attracted TO the window by
noise, and saw the pedlar and Putney strike at
Riley. Putney and Riley then seemed to be
wrestling until they get to opposite the house,
when it looked as if they were going to fight
Mr.. Meaney then tried 10 go in between them.
Hutchinson then went to a wood pile, took stick
fOm it and struck Melaney on the left side of the
head, and he fell down. A minute or two after
this saw Putney strike Melaney as he lay on the
ground, upon the right side of his head, with
stick. lie and the pedar then got into the car
rage and went off as fast as they could 90. Put
ney was bareheaded.
Gross Examined. When Hutchinson struck
Meaney, he came up behind him and Putney,
who were standing together. Melaney fell for
wards. ! am positive that the blow Putney
struck, was over the right eye | am positive, as
saw the blow given and the blood run After
the blow was struck, | saw the women come out
of the house. Mrs NJ. tried to help her husband
up. Saw one of the women throw stick at the
men. Think 1t was the one which Putney picked
up.
Nora MELANEY. Thomas Melaney was
my husband. | was at Mr. Shays's on the 9th
OF October last Putney and the pedIar came to-
gether. My husband went into Mr. Shayss part
as he was IN the habit Of doing. (The witness
confirmed the testimony Of the other witnesses,
as TO the proceedings in the house, the drinking,
&c, also the testimony of the other witnesses as
TO the affray in the yard, and testified farther,
that Putney had hold of Melaney while the ped
lar inflicted the blow, and that Meaney fell out
of PutnGy's hands after the blow was given)
Don't know as Putney and my husband ever had
any quarrel, but once heard say they intended to
have wrestle over al MIR Bemis's barn. The
pedlar had white hat.
II
was here closed, and the case was opened for he
defence, by Mr. Boutell, of Westboro', council
for the defence.
TESTIMONY FOR THE Defense.
Mrs. PHOEBE G. BRYANr-Resided in West
boro, next to the house of Daniel Shays. | was at
home on the 9th OF October last, and my attention
was attracted to the yard of Mr. Shays by angry
voices. saw four men coming ouI OF the house en-
gagged, apparently, in angry conversation. Present.
y saw one man down IN the | saw one
man have large stick in his hand He had on a
white hat, and struck another ON the head
Then saw some females come out of the house.
one bent over him as ifryng to raise him mp. |
saw one OF the women throw stick at one of the
men; do not know it hit any one Teink the
womans name was Catherine Mahoney. ] saw two
men get into Wagon and ride away. / was in
Mr. Shays house that evening, and my impression
is that heard Miss Mahony say she threw stick.
BENJAMIN BoYNToN-Reside in Wesboro'. On
the 9Th of October, Greeley Puney, the defendant,
came into my shop in Westboro' Centre, between
three and four O'Clock. He had no covering on his
head was in the back shop at the time. The
front shop is filled with stoves and tin ware
When Pulney came in he inquired if / had caps to
sell. think he intoxicated He appeared
very much as If he drunk, crazy, or had been in
fight.
WIN. R. LINcoLN-Am Superintendent of Farm
School. Have known the delendent about three
years lie has been IN my employ for about year.
Have always regarded him quiet, peaceful, in
dustrIous man; SO much SO that have allowed the
boys to work with him.
ABEL RIcE-Known the defendent about seven
years 10 Marlboro where we both reside He has
worked for me more or less for seven years. His
general character sober and peaceful man is
good. Never heard of his getting into any quarels
before this. He has a wife and two children,
VIM. STRATToN-l reside in Northboro';
have known the Defendant or 8 years; his gem
eral character as an honest and peaceable man is
good. | live about 3-4lhs of mile from him.
He is stone layer by trade.
LEVI STRATToN-Live about a mile from
the Defendant. Have known him or years.
His character for industry and sobriety is good
EMERSON STEvENs--Live about mile from
the Defendant. Have known him for or s
years. Have employed him at three different
times. His character as sober, industrious and
orderly man has always been good
ANsoN RIcE-Reside in Northboro'; have
known the Defendant two years, or more; have
seen him frequently; never heard anything against
his character as an orderly industrious and peace
able man until this transaction.
Here ended the testimony in behalf of the de-
PENDANT, and his counsel Mr. Boutell of Westboro
addressed the Jury at considerable length and with
great ability in behalf of the prisoner after which
the case was fairly argued in behalf of the Com.
monweath by the District Attorney Judge By
lngtons charge was brief but lucid He instruct
cd the jury that If they found from the evidence
that the prisoner was not guilty of manslaughter
but only of lesser crime, that they could render