Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-05-25
LOCAL NEWS
COurt of Common pleas, Criminal Term.


ing their seats.
Shehan was Immediately arraigned before thu
other jury on appeal from the Police Court o
Milford In this case, i, appeared that severa
young persons were returning home from sur
prise party little past midnight, about montl
since, when Shehan came up. and ran violently
against young woman who was walking viii
Alfred E. Matthews, at the same time calling he
by an opprobrous epithet He followed it up By
a blow upon Matthews, which led TO sort o
general melee. The only question in this case
as in the other, was, to the identity ofthe pris
sner. The jury, aftel being out about three
fourihs of minute, returped with verdict o
guilty. Sentence, in bothSases, was suspended
on motion of prisoners counsel, till today. Very
for the defence.
Commonwealth VS. Henry D. Stone, for forgery
of note of SASS, payable to George Hobbs
at Suffolk Bank, and signed by said Henry ID.
Stone, dated Sept. 10, 1851.
P Aldrich, District Attorney, read the law
applicable to the case, and stated that it not
claimed that there was anything wrong ip the
signature of the note; that this aud Other notes
| were made when only Hobbs and Stone were
| present 1t was an accommodation note, and,
therefore, after being endorsed by Hob6s, remain
ed with Stone for his benefit The allegation is,
that after the endorsement, Stone added to the
note the words " Suffolk Bank, Boston," which,
being fraudulent alteration, constitutes for
gerry.
He then called as the first witness
Gen. George H055S.-0n or about Sept. l5
there were unsettled matters between and
Stone met him at that time in his private of
fce, to settle matters between US there
SUIT pending in the Supreme Court. there were
four notes made-two of them were given me by
him, in payment Of my demand, aud two were
accommodation paper, which endorsed for him
they were of the sums of $l437 aud Sl45S the
note present is one of them; it was written BY
Stone at that time he wrote all of the notes l
put my name on the back of this note the words
''at the Suffolk Bank Boston," were not on the
note when l endorsed It; Mr. Stone kept the
note; Encouragement by which l was to endorse
the notes was made some days before; next
saw the note about the 20.h of January, at the
Citizens Bank did not give Stone permission
to alter or change the note nothing was said
about when they were to be payable |, l asked him
to make the notes he gave me payable at the Suf
folk Bank; no other person was present during
the time we were together.
Cross CANNED One of the notes given me
was fOuT-mopths note; something said by
Stone about this note being used by him TO raise
money 10 meet the payment Of that note; my tes-
timony as to the terms of the note is based on
recollection Of the note itself, and not that of
the preceding agreement; l have no PARTICULAR
hard feeling toward Stone; l have said Il would
work my fingers off to keep him in Jail tin he will
disgorge and pay his debts;" when endorsed the
notes supposed they were good took note
Of Stone for another matter, on the LIST of Janua
ry, 1858; first knew that the words Suffolk
Bank, Boston," were on the note on the 10Th Of
January.
In reply to aquestion whether he would not
have made the notes payable in Boston, if Stone
had asked him to, Gen. Hobbs replied, that he
did not know but he should, if it were not at the
Suffolk Bank, but there was reason in his mind
why he would not make them payable there.
George a, Tram5ull, Cashier of the Citizens
Bank.-H. d. Stone presented this note for dis
count at the Bank, on the 2lst Of Decem Der
| The words = Suffolk Bank, Boston," were on it,
when offered. The note is over due, and has not
| been paid 1t protested in Boston, The
Bank had no concern in getting up this prosecu-
tion.
DEFENoE.
| Hartley Williams opened the case on the part
of the defence, and called the witnesses:
Francis T. Meyric6, President Of the Citizens
Bank--The Bank had nothing to do with insti.
tuting this prosecution. The Bank requires that
notes for discount should be payable at some
place.
Several questions put to this witness, as 10 the
difficulty of getting paper, payable in Worcester,
discounted, were objected to and ruled out.
Scotto Berry Cashier of Mechanics Bank
| Stone used to do his business at our bank He
has not so much the last year formerly.
question whether Stone was not in the hab
Of making his notes payable in Boston, was OBJ
jected to by the District Attorney and ruled out
George F. Ve,1y-I was counsel for Stone a
the Police Court. Gen. Hobbs stated that h,
testified of the note from his recollection of tn,
face OF the paper, and not OF the contract. ft
attempted to give the contents OF the note, be
ginning at the Eight months after date" anc
went through as lar as ttDollars" leaving out N,
words at and For value received" and gavt
the signature as "Henry D. Stone, when it wa
III ID. Stone" OH inquiry thereof he gave tho
date, and the figures in the margin of the
amount He then said he had given an exact de-
scrIptlon OF the note, according to his Tecollec
ton Of it.
The testimony being in, the case was argued
with ingenuity and ability, by Col. Isaac Davi
for the defence, and by P. Emory Aldrich, Dis
trict Attorney, for the Government
Judge Mellen then charged the jury. He be
gan by admonishing them to diyest themselves q
any prejudice which they might have imbibed
here OF elsewhere, from the facts in this case, o
from any outside reports, either for or against tn
prisoner. The position of the prisoner, toe
whatever it might be, was TO have no inhuenc
one way or the other. The naked truth was t
be ascertained, and, whatever that might dictate
was to be carried out fearlessly ane impartially
He then proceeded to review the testimony in tn
case, and the arguments of the counsel, on on
side and the other, and instructed them as to tn
law applicable to the case.
The charge was very clear and impartial one
During the trial, the counsel for the defenc
argued strongly, that, there being blank, lei
untitled, after the word at" in the printed forr
which was used for the note, il came within tn
rule of note OF other instrument signed 10 blank
where the signer leaves il to the discretion Of tn
person holding it, to FIJI the blank to suit his cor
vcnience and at the close Of the Judges chare,
asked him to SO instruct the jury The judg
said in effect, that that was a question for III
Jury to consider, and II they were satisfied ths
II it was the intention Of Gen. Hobbs to have III
note payable at any particular bank, then ston
had a right to gil the blank.
The jury then retired, with direction when the
had agreed. to seal their verdict, and bring it il
III the morning. and thereupon the Court az
journed. In about fifteen minutes afterward
the jury separated, having agreed upon verde
and sealed II up.