Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-09-16

that he had better be off. He then asked Mr..
Green where his bully was. Said he wanted
to fight him. Took off both of his coats and
threw them on the ground. Mr.. Green said
he had no DULLES there and that he had bet
ter have no fuss Cor some words to that efiect)
Callahan then came up to Mr.. Green and at
tempted to catch hold of him or strike him.
Green then struck him a fat handler" on
the left side of the head, with his right hand,
and knocked him down. Callahan then got
right up and said " Mr.. Green, you have
hurt my face, or head" Green replied,
"then behave yourself and go off," Callahan
! then said shake hands" Green shook
hands with him and went along with him to
the chaise. Green turned round the horse
| and Callahan took the reins and drove off.
1 Kelley remained in the carriage all the time.
| Do not recolect whether Green had on shoes
or not. Am positive that he did not kick.
| Callahan was very much intoxicated. When
| he took off his coats, he reeled very much.
! After the ARRAY, Green went with Mr.. Moore
to salt his cattle.
Cross Examined. Callahan got liquor five
or six times at Green's that day. Came to
| the house quite intoxicated and drank five or
six times.
| William Hale called. Am a truckman, and
live now in Worcester Came from Brandon,
| I.
Abbott saw Callahan and Kelly there. Cal
ahan was making great disturbance. I took
him by the arm and said g." come, let us go to
Worcester. 1 want to go with you" He
| said | was welcome to, but he wanted
should wait little, l got into the chaise
with him. Kelley sat there. l wanted to sit
in Calahan's lap and drive, but he would not
let me. wanted him to let Kelly drive but
| he refused. After we had got some distance,
| l Jumped ont and returned to the house.
did not see Callahan after that.
| Paine G. Balou called. Was at Green's
on the 3d. Saw Callahan, Kelley, and Hale
drive off and return. Saw Mr.. Green when
he struck Callahan. The blow was struck
with the fiat hand on the cheek-the right
hand on the left check. did not see him
do ANYTHING else to Callahan. stood within
six or eight feet of the parties, and had full
view of them both. Green did not kick Gala
han. Green feet were naked. Callahan got
up without assistance.
Cross examined By District attorney AID
RICH. When Callahan got out of the chaise,
he threw off his coats and wanted to know
where the man was who wanted to go to
Worcester. = After Callahan was knocked
down he got up, put on one of his coats, got
into the chaise, and drove off Green stood
on the piazza all the time.-Have been to
work for three weeks painting, papering and
otherwise fixing Green's house.
The District Attorney put some questions
to this witness in relation to his former occu-
pations which were objected to by the counsel
for the defence, and withdrawn.
Rufus Fuller called. Am to work OIL the
City Hotel building in this city. Have
charge of the hands there.-Calahan lett
there on Saturday and returned on Monday.
I on hn cta In
man up to ask me to come down and see him.
l asked him what was the matter, and he re-
piled that he had got thrown out of his CARR.
age. Do not know that he indicated any
time when he was thrown out l asked him
if he had not been drinking. He said yes;
that he was drunk. He complained of being
hurt about the lower part of the abdomen.
Saw Kelley some time after this. He said
that Callahan was thrown out of the carriage
and that the wheel went over him.
Mrs. Sarah Ana CaQigan called. Keep
boarding house on French Row." Have
kept there for nine years. Callahan came to
my house to board on the Doth of August.
He boarded in my house with woman whom
he called his wife. 1t was not the lady now
in court. Mrs Callahan was pointed out in
court) Callahan left my house on Saturday,
in company with Kelley. Kelley brought
for Calahan's woman, or wife. l do not know
the precise words he used in making the in
quiry. l went to the door when Kelley
raped. l saw Callahan sitting on one of the
cushions of the chase and leaning over as if
lying down. | carried out dipper of water
of which Callahan drank. Kelley insisted on
his drinking.-I saw no other use made Of
the water. = L should have known if any
other use had been made of it.-He seemed
to me to be drunk. saw him with his eyes
shut and trying to open them. l heard him
| cursing and using profane language. He
went up stairs in about ten minutes after he
came to the door in the chaise-Not more
| than fifteen minutes certainly. | did not see
| him again that night. The woman Callahan
| called his wife, came down stairs next morn
| ing for his breakfast. l saw him some time
after, going out OF the house. The woman
called me up stairs in the afternoon, to see
Callahan, and found him lying on his bed aud
complaining that he Was hurt. He said he had
been thrown from wagon and got hurt i'll
| the bowels He left my house that afternoon.
The counsel for the defendant rested their
case at this point.
DR.. Geo. w. SymondS recalled by the Dis
trict Attorney.-The injuries received by Cal
ahan, might have been produced by the wheel
of a carriage going over him, if the carriage was
| going rapidly at the time. 1 think the wheel
would have made mark upon the part which
| it first struck. Judging from the locality &C
| the injury, the wheel must have passed over
| the pelvic bone, to produce it. Discovered no
signs of violence on any other part of Gala
hams body or head.
Cross examined by Mr.. Devens.-I think
if the wheel of carriage, of the heft of a
chaise, with one man in it, was passing slow
ly over the pelvis of man, it hight do SO
without producing dscoloratiou l think it
would be extraordinary TO find discoloration
on any part of the body, where there had not
been conclusion, if the party was sound-ifa
diseased person the case might be different.
Michael Kelley recalled. Callahan did not
fall from the chaise after we left the /" Five
Points on Sunday Sd inst. 1 was with him
all the way.
The evidence closed at this point.
Charles Deyens Esq. then rose and made
his plea for the defendant.
AFTERNOON SESSION.
Mr.. Devens resumed his plea. He review
ed the evidence and showed that the testimo-
ny of Kelley had been controlled in all essen
/ tal points. First it had been proven that
| Green did not kick Callahan. Green did not
wear boots. Callahan was not assisted to the
| chaise by Kelley and Green. Kelley did not
I get out of the chaise. In all these essential
| points, tie testimony OF Kelley had been
| completely controlled by four witnesses, who
had much better opportunities to ascer-
tain the facts than Kelley. The counsel con-
| tended that the evidence for the defence,
| however much it might be invalidated upon
moral grounds, was, at least, entitled to as
much credence i'll that respect, as the evil