Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1852-12-09
TRIAL FOR MURDER.
Supreme judicial Court,
at Worcester, December, It'll, 1852.


About II years ago he came to this country with
his wife and seven children. By mremtting indus
try and frugalty, he accumulated as much money as
bought hun farm in West Newton. Six or seven
years after his purchase of this farm, his wife died.
He then sold his farm for $1,000, and removed to
Phillpston, where he purchased farm. In autci
patton Of his second marriage to respectable Irish
widow, he divided his personal property and farm
in Phillipston, with his two sons, Thomas and Ed
lnund. He married and went to live in Templeton,
upon small farm of 65 acres which he had pur-
chased. This he also divided with his two sons,
upon condition that they would pay mortgage
which was upon it. He and his wife then remov-
ed to Philipston, where his second wife died.
In 1851, he proposed marriage to Margaret Leymy,
aged Il years. Her sisters, Mary and Catherine,
are wives of his two sons She agreed 10 the union
ON condition that the old gentleman would cede to
her all his property. He did SO, and the marriage
took place. The union was an unfortunate one
Margaret had married William Hary's property
not him, and she soon treated him with contempt,
and finally left his house. He brought her back
twice. She went off third time. While she
away, Edmund and his vile came to reside with the
old man. Margaret came back after an absence Of
10 weeks, and she and Mary $, mpathizng with re-
gard to the old mans property, united in insulting
and abusing him. In order to seperae the sisters,
and secure peace at home, the old man proposed TO
Edmund to remove. The sons had always been
loving and af1cctonae to their father and Edmund
did not object. The sisters violently opposed this,
and the old man caused writ Of election to be serv
ed upon Edmund. This writ was served three days
after Margarels return to her husbands house, and
upon the day OF her decease. The serving Of this
writ had excited the violent passions of Mary and
Margaret Mary threatened the life OF the old man
because he sad after the serving of the writ, sshe
would put her husband out Of the land as well as the
house." Margaret had violently abused him, and
thrown wet clothes about him, and had sIrenuousy
opposed the purpose Of the old man Mary and
Margaret attacked the old man in the woodshed,
where he was quietly SHINING calf. Mary at
trmptedto strike him with hatcher, and he lifted
his hand holding the knife to defend himself Ma
ry cut her arm with the knife. Margaret and she
then laid hold # the old man. Margaret and he
fell; when she rose the knife was in her BOSOM
William Harry declares that it was accidentally
there He had not the least intention to iniure his
wife. The court adjourned
SEcoED DAY.
The Court met at O'Clock A. NJ, on Wednes-
day morning. The examination of the witnesses
for the defense took place.
Thomas Harry, of the prisoner, was called
On the day of he accident, while he was at dinner,
Mary Harry and Margaret to his house. Mar
garet's hair was loose; she was in state of great
excitement, and screamed and cried / asked her
what was the matter. She said she had had muss
with the old man. told her to make less noise, or
would turn her out of doors. She swore by Jesus
Christ, that she would venture her life before nisht
against the old man. and my brother then left, to
go to Philipson.
Edmund Harty, second son Of the prisoner, stated
that he at Barre the morning Of the accident.
When he returned, he was informed BY his wife and
Margaret, that the writ of election was served
They asked if he was obliged to go now. He said
he believed not for IA days. The old man came in.
to the kitchen, and Margaret called him names, and
abused him. He went out, and Margaret said, sslet
us lock the old rascal out. AS he passed to go to
the barn, she ran into the sitting room, and KEEP
calling him names. She called him an old -
and on old top coat~man. She went from window
to window, following him. One of Thomas's chill
dren came for me, and went to Thomas's, where
l dned. While was at dinper, MY wife and Mar.
| garet came in Margaret's hair was hanging down
and she was crying. Thomas asked what was the
matter, and told her if she did not give over scream
ing, he would put her out of doors. She swore by
Jesus Christ, she would venture her life on the old
man that night went with my brother to Phillips
ton, to buy yoke Of cattle.
Mary Leymy, OF IIubbardston, is the niece Of the
prisoner, aud wife Of the brother Of the deceased
Margaret. On the day of the accident, little vii.
liam Harry to her house, and told her that
Margaret was dead, and that the old man killed her
He said he did not see him.
Plmy II. Babbaa of Barre, was at the house The
day after the event. He saw Mary and Catherine
Hatty, and conversed with them about the trouble
They took him to the woodhouse, and seyerally 10
Gated Margaret and the old man, as they were wher
they individually entered the woodhouse. The,
made no mention ofany being present, except
themselves, Margaret, and the old man. He asked
if any one else was there; they answered no. He
aSheu where tHeU HusDdnuS WeTej lHey SalQ iDeN
had gone away. Was coming to Worcester when
the examination to take place before the Grand
Jury. Met the boy William HARRY. Took him up
and carried him 10 Tatnick; asked him where he
was going, and he said, s'to Worcester, to tell how
grandfather killed Margaret" asked hun why he
was not examined at Philpston; he said he did mol
know. | asked HIM who told him tell how it was
done; he said, his mother. lie said he had re.
peated the words many Times; the lasl time was on
Sunday. the day previous. na
The Court adjourned at half past one P. NJ,
and resumed its sitting at 2 o'clock. sac
Mr.. Hosmer, of Tempieton Deputy Sheriff was
called. He served the writ of election on Ed
mund Harty, on the 18th day of April, 1852, be-
tween and o'clock, P. NJ
Mr.. 1 oeoers, of Phillipston, is magistrate
The examination of Mary Harty, on the day after
the alledged homicide, took place before him.
She was asked, on examination, how many per-
sons were present when the deed was done. She
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