Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1855-05-28

TRIAL FOR MUBDER.-The trial of Samuel
billiard, for the murder of James L. Warren,
at Natick, was commenced before the Supreme
Judicial Court. at Cambridge, Friday afternoon,
after tie conviction of Chapman. General
Clifford, and District Attorney Train, appear
ed for the Government, and ]. g. Abbott, of
Lowell, and T. A. Somerby, of Waltham, for
the defence. Hilliard was attended by his
wife and daughter. He is a stout built, ro-
bust man, with black hair, eyes and whiskers,
apparently in the prime of manhood. He
challenged the traverse Jurors personally, and
seemed perfectly at ease during the proceed.
ings. The jury was empanneed after twenty
challenges, two of which were Withdrawn.
Mr. Train opened the case, bv saving, that
there sss no doubt that on the l. th of March,
1854, Samuel billiard, the defendant at the
bar, stabbed James Warren, at the Long Pond
Hotel, IN Natick, iuhicting wounds, of which
he died soon after, and the only question
would be whether it was done under such cir
cumstances as to constitute murder. He then
went on to state, that the murder of which
the indictment charges HIlliard as guilty, was
committed in the Hotel of which billiard was
then the proprietor. On the night that this
affair happened, Warren had played cards at
the hotel for dinner. Afterwards, while James
L. Warren, and his brother Asa, were gam
bling up stairs, billiard came in and began
betting on Asa Warren's hand. Some con-
versation which grew out of it, induced Hill
lard to req uest that not so much noise should
be made by deceased, when the latter offered
to whip the prisoner.
The others tried to pacify them, and they
shook their fists in each others faces. James
Warren threatened to whip Hilliard where he
was to which Hilard replied he would not
live if he did, and left the room. Warren
played a couple of games, when Hilliard came
in again, and the quarrel was renewed. Some
high words ensued, and Warren struck Hill
lard several blows upon his head. billiard
then drew a knife, upon which Warren took
to flight and passing out at the door shut it to
and held it, while the prisoner pulled it from
wishin. The door was finally opened, Hill
lard pursued the deceased, stabbed him at
the foot of the stairs, the deceased ran up the
street, fell, and fingered till Sunday night with
two severe wounds in the abdomen.
The evidence adduced by the government
sustained this statement of facts, and the case
was continued through the afternoon. Satur-
day morning, upon the coming III of the
Courts, Mr.. Abbott, for the defence, said that
after hearing the evidence already in, he was
satisfied that no verdict of justifable homi-
eide could be obtained for his CLIENT neither
did he believe that the jury would find him
guilty of murder. and after his consultation
with tie Attorney for the Government, who
was willing to withdraw that allegation of
{" malice af.rethought," his client would con-
sent that a plea of guilty of manslaughter
should be entered. Mr.. Clifford said that in
consequence of failure to prove certain facts
that he expected to, he was ready to withdraw
the more serious part OF the allegation.
Justice Shaw remarked that he supposed
verdict Of manslaughter was what the jury
would have eventually arrived at, and was
satisfied that such plea should be entered.
The prisoner then took back his plea of not
guilty, and pleaded guilty of manslaughter,
after which the jury were discharged from
the further consideration of the case.
Mr.. Train moved for sentence, when Mr.
Abbott introduced several witnesses to show
the character of the prisoner, and to throw a
different light upon the homicide, showing
that Warren had threatened violence toward
Hilliard in certain contingencies. Sheriff
Keyes testified that while in prison he had be-
haved in as perfect a manner as any prisoner
he ever knew. Mr.. Abbott then ad .ressed
the Court, urging with much force, that un.
der the circumstances of the case, the prisoner
was entitled to light sentence.
Chief Justice Shaw, and his associates,
Judges Metcalf and Bigelow, retired to DELHI
crate upon a sentence and were about TWEEN
ty-fve minutes upon their return Judge
Shaw made some remarks upon the circum-
stances of the case, and in consideration that
he had been in jail one year, sentenced him
to the State Prison for four years, the first
three days 10 be solitary confinement Boston
Telegraph.