Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1852-01-29


er, charging him with the crime of mansIaugnter,
to which he plead not guilty, and Boutwell, Esq,
of Westboro' appeared as his counsel, and the
District Attorney, for the Commonwealth. A
jury was then empaneed to try the case, and then
commenced the
TESTIMONY FOR THE GOVERNMENT.
DR.. SAMUEL GRIGGs-Am Physician;
reside in Westbor. Knew Thomas Alulany;
was called TO visit him on the 9th of October
last at The house of Mr.. Shays in Westboro', at
Z o'clock in the evening Found him lying on
couch upon the floor, insensible and breathing la
boriously. lie was covered with blood, and had
a large wound over the right eye; his left eyewas
much swollen and discoored. Visited him again
the next morning and night, at which times there
was no alteration for the better; Wednesday he
was fast sinking, and on Thursday he was dead.
| made post morton examination with DIR. Pond
We found, on removing the scalp, the blood ex-
tragasated in the left side in the temporal muscle
On removing the muscle, found that the skull was
fractured where the bones unite. On opening the
head the blood was extravasaled, the blood yes
sells were ruptured, and the blood had run out IN
to the brain. We also discovered the marks of
severe blow on the back of the head near the base
of the skull Upon the left side Of the body there
was an appearance of injury as from a severe
blow. The wound on the left side OF the head
was sufficient to cause death. Should not think
the wound on the right side would produce death.
Could not say as to The wound on tie back side of
the head or the wound on the body, whether they
would cause death or not. DR.. Pond was called
before was
Cross Eramiaed-The skull was thin where
the blow was struck, and a fracture could be
made there easier Than on other parts There
was no dscoloralion of the skin on the right side.
If the wounds had been inflicted with heavy in
stument there would probably be some. Saw no
external marks of wound the back part of
the head before the post nloitem examina lion
There was no rupture of any the muscles where
the scalp was remos ed. Do not know whether
the appearance of wound on the hack of the
head might have been produced by the settling Of
the blood or not. Am of opinion that it was not.
The examination was made Friday morning,
"a hours after DEATH
Dr.. poND, Of Wesbo:o'-Am a Physician.
Was called to attend upon Thomas Mulany on
the 9th of October last, when the sun was about
an hour high. He appeared like person labor
ing under violent conclusion of the BRAIN There
was no external appearance Of fracture, but |
considered his case hopeless, and made no pre-
sCrlptlun. | made a post mOTtem examination.
Found the temporal muscle on the left side OF the
head covered with extravdsated blood. On renov-
ing the scalp found fracture where the temporal,
frontal and paretal bones unite all OF which were
fractured, and perceived that the blood was ex-
trayasted from the point of the fracture to the base
of the brain. [ This witness confirmed the test-
mony of DIR. Gnggs as 10 the wound upon the side
and stated there marks of internal injury upon
the chest. He thought the blow upon the left
side of the head produced DEATH
Cross Eramiaed-In dividing the occipital
muscles, found congestion Of blood upon the back
of the head. 1t might have been from blow,
and it might have been from fall Think the
one. The skull was not thin where the wound
was, on The right eye. There was no discolora-
tlon There would have been had the wound
been made with a heavy instrument. The set
Ting OF the blood at the back of the head might
be produced by fall. Do not think the wound
upon the body was the result OF fall. 1t an
peared to have been done with stick as large as
my arm. The evening of the post mortem exam
nation saw the defendant in this case, and no.
tlced puffy tumor upon the edge of the frontal
bone, such as appears upon child's head when
1t has had fall. I could not say what produced
that appearance.
Dexter D. ONTHAEK. Reside in Hestboro'.
Saw the defendant the day of the injury to Mela-
ny, at the house Of Daniel Shays, in Westboro'.-
Saw Alexander Riley, Thomas Melany, Greeley
Putney, and pedlar, whose name | afterwards
learned was hutchinson, all engaged in quarreIIing
Saw them all together at first, afterwards Meany
seemed to be trying to get Putney off home. Riley
stopped by the door. The pedIar took IA sick from
the wood-pie, and struck MeIany over the head.
which knocked him down. Riley then chased the
two, Putney and the pedlar. The pedar fell into
the snow, aud Riley got the pedlar down. Pedlar
and Prney started off aud tore The fence partly down
Mrs Melany ran out Of the house, and Puney seized
bean-poIe and struck her over the head and then
he struck Melauy the eye, as he Law upon The
ground where he was left by the blow from the ped.
lar.
Cross Examined. Did not see Putney use any
violence to MeIaney, until after Hutchinson the ned
lar struck him. Riley and Puney we're fighting.
and MeIany tried to get them apart. Did not see
Putney shlke any one until he struck Mrs MeIany
with the bean-poe. Saw Catherine Mallory throw
sticks at Putney and Riley, when they were down
by the fence. Did not see Puiney strike more than
one blow upon Nelany. The whole transaction was
very short The stick with which Hutchinson
struck Meany, was about four feet long, and three
inches through at the butt. 1t was black oak. He
used both hands. Putney appeared to be intoxca-
ted He did not go very straight.
MOSES M. ONTHANK. Reside in Westboro'.
opposite the house of Mr.. Shays. On the 9th of
October, saw Riley, Hutchinson, and Putney fight
ing, opposite my house. Riley and Putney got to-
gether. and Melany stepped up between them to part
them. Riley and Putney got to fighting again, and
again Melaey ntelered. Hutchinson then took a
stick OF wood from the pile, and stepped up behind
them, and struck Melany the left side of the head
which ielled him to the ground. Hutchinson, Put
ney and Riley lcn all started, and the pedlar caught
Riley, and got him down by the fence The oedar
then got stick, and struck Riley. They then went
to the fence and pulled it down. Pulney then took
stick, stepped over the fence, and struck Mrs Me-
any with 1t, and then he struck Mr. MeIan,, Who
was lying upon the ground, over the right eye
Putney and the pedar then to the pedlar's car
rage, got in and drove of. Myself, brother, and
the women, carried Meaney into The house.
Cross Eaantnsd. Saw no sticks used until Hutch
Inson struck Melany. The blow was severe one.
Hutchinson held the stick in both hands DID not