Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1855-12-14
without any money, and said he would pay anoth-
er time. He has never paid

menced by Henry Chaplin, Esq, the senior coun-
sci, who, in opening, expressed his regret, that
he was less familiar with the criminal law and
practice than he could wish. He had, some years
since, had some connection with two criminal
eases, and formed the resolution, then, that he
would never be concerned with another. But he
had, during his absence from home, been assign.
ed by the Court as counsel for the prisoner, and
in view of the youth and hitherto good character
of the prisoner, in view of the condition of the
parents, strangers, as it were, among us, unable
to speak or understand our language, and of other
considerations. stated by the learned counsel, he
could not hesitate to accept the appointment, and
do whatever he might to defend the rights of the
prisoner, and secure fair trial.
He then went on. to examine the testimony in
the case, and to argue therefrom that no case had
been made out by the government that would
warrant conviction. He closed his argument,
which clear, ingenious, and able, at twenty
minutes past four o'clock.
He was followed by the Attorney General, in
an argument, characterized by his usual ability
and eloquence, concluding at about twenty min
utes past six o'clock.
The case was then submitted to the Jury by
Judge Dewey, in charge of which the following
is the substance
Jndgc Dewey's Charge.
The prisoner is charged with the highest offence
known to our laws-the only one now punishable
with death. The Importance of the case will i'm
press upon you the necessity of giving it care.
full and earnest consideration. The law gives the
prisoner the benefit of all the means of making
defence. 1t requires that the offence should be
established not as in civil matters by the prepon
derance of testimony, but by such proof as shall
not leave on the minds of the jury a reasonable
doubt. You need, therefore. have no hesitation
in rendering verdict, such as your conscientious
convictions may lead you to.
The first question is, was Sarah X. Phinney
killed. This point seems to be sufficiently estab-
lished by the proof, and relieves you from the en-
barassments which sometimes surround such
ses. The circumstances detailed by the Judged
tend to show that the murder was committed on
Tuesday night The question then is, who COM
mitted it. The government is bound to satisfy you
on this point. 1t may be by direct testimony of
witnesses, who saw it, or by circumstantial evil
dence, such as shall lead to the same satisfactory
convictions on your mind as if directly proved.
In all these cases, jurors must bring to bear
their common sense, and weigh impartially the
testimony adduced. 1t may be of that kind that
shall produce no conviction on the mind and it
may be such as shall produce strong and ire
sistbe conviction of the truth of the point sought
to be established
Let us, then, look at the facts as presented to
us. Was the prisoner guilty of the murder 1t
is shown that be was in situation where he
might have done it. But that, of itself, is fact
of no particular consequence. What other evil
dence, then, is there to connect him with it The
learned judge then alluded to the conversation
relating to taking the chair post from Mr.. Hey
woods pile. A chair post is produced which
found bloody at the place of the murder. The
prisoner is proved to have been st Mr.. Heywood's
oh, nf
will consider when the murder was probably COM
mitted, and judge whether he was or was not then
in some other place. The proof in relation to
prisoners whereabouts during the night was here
reviewed by the judge 1t is argued by his coun-
sci, that he has substantially proved an abb
that he was at Haywoods about II o clock, and at
home at about halfpast IL O'Clock, which would
have left no time for the preparation OF the act
1t results from the testimony of the family that
hours after they in bed he came home, and
on inquiry of him, he said it was halfpast IL. 1t
is attempted to sustain this, by the testimony
that after he had got and eaten his supper. they
heard the clock strike II, and therefore it could
not have been later than halfpast IL o'clock when
he came. You will consider the character of the
testimony, and determine whether you are salts
fed that he was where he could not have commit
ted the offence.
II you are not satisfied on this point, you will
then go into further examination of the testi-
mony. The testimony in relation to the blood on
We clothes was here rsyiewed ThsIs YeIf 6RSadda
spots. 1t is necessary, then, to consider whether
this was the blood of the deceased. The prisoner
has sufficiently shown that be'was subject to loss
of blood at the nose. 1t is Cor yoa, then. to con.
slider whether that does not sufficiently account
for the blood found upon his clothing. You will
consider whether the person committing two such
murders without being smeared with blood to an
extent much exceeding the trihing spots which
have been found
More reliance is probably placed upon the oc.
currences of the next day, the journey to Fitch
burg, and the purchases made there and the pay
ment of so much of the amount in change. The
different purchases and payments were here reca-
pituated, amounting in all to about GA This
was imme fiately after he had been called on to
pay debts and could not, declaring he had no
money. One striking case is testified to, of his
application to schoolmate for the loan of TWEEN
ty-fve cents, and getting five cents. Attempts
have been made 90 explain the possession of the
money thus paid away, by proving sundry pay
ments made to him for some time previously. 1t
is matter, so far this case is concerned where
he got the money, whether by fair or foul means,
if it was not the money of the deceased If YOU
believe he received all the money testified to, you
will consider whether he had expended it before
this time or had retained ii.
There is direct evidence before you that Mrs
Phnney had cent of money 1t is all matter
of inference, to be drawn from the habits of the
deceased, as they have been testified to, and the
facts connected Herewith. On this point you
will judge. If it could be established that she
had so much money, and that this, which the pris-
oner paid, was the same money, you will see
what the consequences would be. But that is not
the case.
You will next consider his flight. 1t is not de-
MED, but admitted, that it was his intention to
withdraw himself for time, at least, in conse-
quence of things connected with the murder
You will consider, then, the facts. This is not
the ordinary flight of guilt, made at the instant,
for he remained about there for two days, and
flight, of itself. is never very satisfactory evil
dence OF guilt. The most hardened guilt whill re-
main on the spot, and brave it out, vile innocence
may be overpowered by adverse circums ances,
and flee from what appears to be their overpow.
ering weight
Arguments have been drawn against the pris-
oner from the alleged falsehood of some Of his
statements. You have those statements, and will
judge whether they can be reconciled with any
othtr hypothesis than that Of his guilt.
Gentlemen, the cause of the prisoner is with
you. II, on review of the whole subject. you
fail to be satisfied, beyond reasonable doubt, of
the guilt OF the prisoner, you will acquit him -
but, on the other hand, if the government have
afforded the reasonable conviction that they are
bound to do, on your minds, of his guilt, you
are bound to return verdict Of guilty.
The jury retired at about twenty minutes be-
fore eight o'clock, and at nine o'clock, returned
verdict of NOT GUILTY.
THE BOONE CcILDREN.-In spite ofthe inclem-