Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-06-09
Ceur. o. Common plenn.
For The Trial Of Criminal Cases.

~ On Aour indictments, for selling spirituous
nquors, and was ordered to pay fine of $40
III each case, to the town of Milford, and the
costs of prosecution, otherwise to stand com
mitted to the House of Correction for eight
months in all.
In the cases of the Commonwealth, VS..
Daniel I. Huntoon, and several other defend
ants, as common sellers of spirituous and in
toxicating liquors, the motion for speciica-
ton, before trial, of the particular acts of
sale, intended to be proven by the govern
ment, and to constitute the offence, was over
ruled by the Court The Court held, howey-
er, that if the defendants were surprised by
the introduction of the testimony, time should
be allowed them to procure testimony for their
defence. The motion is a novel one. 1t was
argued by John H Mathews and c. K. Weth-
erell, Esqs.
John Moore, of Spencer, was brought up
for making murderous assault upon Francis
Adams, Constable of Spencer, while he was
in the lawful discharge of his official duty, on
the evening of the 10th day of January last.
Dwight Foster, Esq, for Defendant. Dis
trict Attorney Aldrich for Commonwealth.
Francis adams, testified that he went to the
house of Moore on the evening named in the
Indictment, about o'clock, with warrant
to arrest him. When he got to the house,
Moore lay on the bed, either asleep or appar-
emily asleep. Some member of his family
awoke him, and he took him into custody.
Had no difficulty in getting him towards
his office, but when in the vicinity of it,
Moore stabbed him in the side.
Geo. Tucker, the partner of Mr.. Adams,
was in the Office on the evening of the stab
bling, and, about Z o'clock, heard shout
He went out and found Mr.. Adams strug-
Cling with Moore. Mr.. Adams said, "He
has stabbed me-" Took Moore into the office,
and secured him. Went out with Mr.. Mar
shall Pierce, to search for the knife. Mr.. Pierce
found a knife, about one rod from the place
where saw Adams and Moore struggling.
M. adams was recalled, and testified that
he wore thick overcoat, undercoat, vest,
shirt, and flannel shirt when he was wound
ed.
Marshal Pierce, assisted to secure Moore,
then went out with Mr.. Tucker, and found
a knife. Mr.. Pierce produced the knife,
which had long sharp blade. 1t was shut
up and one end stuck in the snow. The snow
had commenced to fall about an hour previous
to this time. The knife was not covered.
DR.. SeaUer, attended Mr.. Adams, found
wound in the region of the liver, between the
LIST and floating ribs. 1t was about 81 of an
inch long, and was bleeding profusely. Sup
posed that the liver was wounded. Consid-
cred Mr.. Adams in critical state, for five
days. He was unable to rise from bed for
twelve days.
DR.. Wheeler, who dressed the wound, cor
roborated DIR. Seaver's testimony.
This closed the case for the Common
wealth.
Mr. Foster, counsel for the defendant, adj
mitted the facts, as set forth in the indictment,
but would prove that the prisoner was non
cenapOs mentis, by reason of delirium tremens,
and therefore not amenable for his acts at that
time.
Mary McKennG was called, and testified
that she was at Moore's house on the 18th of
January. He ran upand down stairs all day,
in a high state OF excitement. He said he
had gold, and that Mr.. Upham, his employer,
and others, wanted to take it. He nailed
down tho xyindnus 70 ,,ravon+ +bon, from
coming in; trundled his bed on to the floor
stuffed cushion and two miniatures into the
chimney; and threw his wife's dress down.
He tried to burn the miniatures and Cath
o'ic prayer book. His face was pale. and his
lips purple. He walked steady, and did not
a ,pear to be drunk. He kept me awake for
70 nights previous to the 10th, coursng up
I'd down stairs, and talking to himself
This witness, who was very intelligent
woman, did not vary in the cross examina-
ton.
Mary Kilkenny corroborated the evidence of
Mrs. McKenna, and added several additional
facts, tending to show that Moore was then
deranged.
AFTERNOON SESSION.
Martin Jersey, farmer, of Spencer, was
called on the night of the 18th of January, to
take care of John Moore, who was in the Gus
tody of Mr. Hersey, Deputy Sheriff, who is
brother to the witness. Has seen persons
affected with deiirium tremens. Moore was
in my brothers kitchen, hand -cuffed. He
slept none that night. fixed him in bed at
least twenty times, but he would not lie still.
He raved, cried, talked, prayed, and swore.-
He said he saw Indians, strange sights, and
at one time said he saw the devil. He was
very much in a tremble all night. He shook
frn,n head to font