Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-08

THURSDAY. Februar,

l.
THURSDAY, February Z
At the opening of the Court, Mr.. Whitney
opened the case for the defendants, and stated
the grounds on which their defence would be plac-
ed He claimed that the testimony on the part
OF the government was of an unreliable charge
ter, and that it would be proved that their most
| important witnesses had made statements of the
affair, widely at variance from the;testimony they
had now given. He then proceeded to call the
witnesses
Ephraim Murdoch, Jr., ARENAS Hancock,
Lemuel. Fales, c. r. Whitman, Edwin Parks
VIM. Beaman, Elisha Murdoch, John H. Fair.
banks, Anasa Whitney, Bethuel Ellis, George
ID. Hapgood, j. B. Breed, Addison G. Rice, and
Jonas Damon testified, in succession, TO the gem
eral good character of ] P Sherwin, one of the
defendants. Ephraim Murdoch testified also to
the good character of Richardson, and j. B. Breed
to that of Clark
DaUid P. Bartlett. lived in Winchendon, at
Huntsville. when this affair took place. had
conversation with Clutterbuck two or three DAYS
after. Iasked him if he was much painted He
said no. said l understood he had some paint
on his bosom. He said only little on his pants,
and showed me the spot h lie came to the shop
about a week after. Chauncey Bosworth and
george n. hlchardson were there--they came to
my bench, and were talking about this affair 7
asked ClutteIbuck il he was going to do anything
about it. He said no. for he could not identify
any one that was there. said to him" Harris
will take it up" BE said he might, il lie was a
MIND 10 be damned fool enough to do it He
could not go on to the stand, and swear to one of
those fellows. This was at noon. and we all went
to dinner.
The evening have Jus, testified of, Mrs. Bos
worth stated that she knew Alfred Clark was not
I Al,
She said she knew it because Clark came out part
ly dressed. with his pants on, and appeared to be
very much frightened.$ She did not think they
were there. have heard her make no remarks
/ since that time.
Hosea Bosworth was in the mill about week
after. think it was in the day time, but cannot
say whether in the forenoon or afternoon He
said there was wagon stood out between the red
house and Mr.. Harriss barn; he saw it go off with
quite number of persons in it. 1t was loaded.
lie said he must think they followed him home
from the village. l asked him if he knew any of
them that night. He said he did not Nothing
more was said that recollect Of Mrs Bosworth's
reputation for truth and veracity is not very good
| it is bad keep the boarding house. have eight
or ten boarders. NY house is sixteen or eighteen
rods from Bosworth' sand five rods from Harris's.
| We were not disturbed on that night. Lincoln
| and Relic boarded with me. Relic had been there
| about five months, aud Lincoln three o. four.
Cross Examined, Richard G. Newton boarded
Win me d SHUT IlIhe u1Q not tell any one
| that they were coming there after Clutterbuck,
and if teey did he had better make no resistance
| No one ever told me they were coming after him.
| Seems to me something aUoS said about it one
| evening before they were going to bed. MIR. Har-
RS was in my house, one evening land said-"Tell
| Clutterbuck to look two ways for Sunday, or he
will smell tar 1t two nights after this af-
| tar that Harris there. l think this was BE-
| fore it happened l think the conversation was
about clutterbucks courtship. Mr. r. c. New
| ton, Miss Newton, and Loyejoy were present.
What Mr.. Harris said was all had heard, up to
that time respecting any violence toward Clutter
| buck. Harris came in again one or two evenings
after this took place, and was talking about it,
Think | told him they carried out Clutterbuck
and the girl, and tarred him or BACKED him, but
guessed they did not hurt him much. Told him
l-heard so down at the shop. It was Richardson
who told me about it. Richardson told me how
Clutterbuck looked when he came back. He told
me IN the morning. presume it was talked over
at other times in the day, but cannot rocollect-
| As near as can recolect, what I said to Newton
| was, when he was going up to bed" You must
| look out, or they will have You down stairs head
first" | do not recollect of telling him to feign
sleep, while they took Clutterbuck out.
- On being pressed fl1r
hnally said he did not tell him so.
| did not say anything to him about not resist
ing. saw Jerry Relic about nine O clock that
| night Did not see any of the others. will say
| Bowman Lincoln was eating supper about ten.
| did not see any of them after that didnot see
any of their DISCUSSES.
At this point of the examination, the death of
Judge Byington was announced to the Court in
appropriate terms, by the District Attorneys who
was followed by F, Emory Aldrich, Esq, in some
feeling remarks on the occasion, and the Court