Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1854-06-01

on that building ON the 26th of March; en-
ployed him at no other time in March; he had
/ two women working with him but no man !;
never saw Burns about the building; l am
there only mornings and nights.
! Cross eranaSned. brother goes to the
4 city building at morning and at night.
WtSttam III. Gtchelder.-Conversed with
MI. Jones, Monday or Tuesday of this week;
1t was at the outside door of the Court House,
between and 7 oclock Monday night; de-
fence objected to what it was he said, and the
court sustained the objection, on the ground
that Jones was not inquired of as to the con-
yersaton.
1t was decided to recall Mr.. Jones, and Mr.
Batchelder's further examination was defer
red until after Jones's re examination.
Benz. 1rue.-Haye conversed with the de-
PENDANT (Burnsl within a day or two. Coun-
sci objected to the evidence. The counsel for
claimant proposed to show by this witness, from
the defendant Burns's admission, that he
came to Boston on the 10th of March. Mr..
Dana objected that the admissions Of the man
under arrest should not be received at ALL
Again he objected because it was not rebuff
ting testimony. The evidence introduced
that Burns was here on the first of March was
simply contradictory to tie testimony for the
goth of March, and they are now simply rein
forcing their former testimony. Mr. Thomas
flor the claimant) argued that the evidence al
luded to by Mr.. Brent was simply to prove
the identity Of Burns, and not to establish the
fact of his being in Virginia OH the 10th. The
defence propose to prove an abb, and we in
troduce this evidence to control Their evidence
sustaining the abb.
Mr.. Dana renewed the objection that it was
simply contradictory evidence.
The Commissioner ruled that the testimo-
ny was admissible, but gave the counsel no.
tice that if he changed his mind subsequent
ly, before the arguments, he would inform
them.
Witness resumed-This conversation was
every day since he has been here last Friday
Or Saturday had conversation with him about
how long he had been here; it was up stairs
i'll the place where be is kept; it was in the
morning l think was there as Deputy
U. S. Marshal i'll charge of Burns.
Mr.. Ellis objected to the evidence on ac-
count of the relation which the witness bore
to Burns that confessions made to him were
made under intimidation, and therefore should
not be received. The evidence was admitted.
Witness resumed-Am Constable of Bos-
ton first saw the prisoner on the night of his
arrest; l was asked to go into the MarshaIs
office; Mr.. Freeman said he wanted to use
me; he told me to to go up stairs to room
where there was a prisoner l didn't know
what the prisoner was there for until l got up
stairs found five or six men there; two of
them are sitting beside him now; one is Mr..
Pray; Mr.. Butman was one; another was
Moses G. Clark; Mr. Coolidge was there
and Mr.. Page; my Instructions were to stay
there and see that no one came except by di-
+1NnA -, XNTaI,,
day night and haye been there since; l was
armed with sword and pistol Friday night;
these arms are kept in the rooms there are
six Of us in the room; the Marshal and 9TH
ers came into the room on Wednesday night
there was a good deal of talk between the Of
tcers and Burns don't recollect any one say
ing he must go back he first appeared terri
fed; been talking about Massachusetts, Viz
ginia and other matters; l never threatened
him or held out any promises to him; we en-
deavored to treat him well; gave him news
papers, oranges, oyster stews and candy when
he wished them he can read and write.
Mr.. Ellis objected in view of this evil
dence, that the admissions of Burns should
not be received, because it was established by
1t that they We're not voluntary, but were Civ
en- under circumstances which amounted to
intimidation; and the whole circumstances
siAce udNe Deeu SucIl as 10 increase MS lntllul-
dation. Mr.. Thomas argued that the ground
of intimidation was not made out and the
Commissioner ruled that the evidence was ad-
Missile.
Witness resumed'-The conversation was
on Friday and Saturday; on Friday convers-
ed with Burns about the length Of time he
had been here; he said he had been here
about two months, perhaps little short of
that; said nothing else about the time he had
been here he said he had been i'll Richmond,
Va, before that time.
With the close of the examination of this
witness, the counsel for the claimants rested
their case.
Mr.. Dana made most powerful and elo-
quent plea for Burns, and was followed for
the claimant by Seth Thomas. The Court
will give its decision this morning.