Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-12-13


W. Lines which has excited so much interest
in the town of Leominster on account of the
good character and standing of the defendant
in that community, came on to be tried last
Thursday in Pulaski, n. Y, at the court of
Oyer and Terminer for the county of Oswego,
Hon. W. I. Allen of the Supreme Court of
New York, presiding. Mr.. A. W. Churchill
of 0swego appeared for the people of New
York, and Mr.. Kennedy of Syracuse and Mr..
Devans of this city for the defendant.
The Indictment contained two counts, the
| first alleging that the defendant set fire to a
certain building in Mexico, N. Y, adjoining an
inhabited dwelling house, and the second
charging an attempt TO commit the same
offence. Upon this Indictment the defend
ants counsel contended that the defendant
could only be convicted (if at ally of arson in
the second degree, because, to convict in the
first degree it would be necessary to allege
not only that the dwelling house was an inhab-
tied one, but also that "there were persons
lawfully in it at the time' of the offence; and
this position was sustained by the court.
the 18th of April, 1855, one Fuller discovered
in the cellar of his shop in Mexico, N. Y, an
apparatus, consisting of an old nail keg, in
which stood a lighted candle inserted in a
block of pine wood; around the candle was
wrapped piece of listing, which communi-
Gated by groove cut in the key with box
containing large quantity of listing an old
yarn case, all deeply saturated with turpentine,
a small bundle of pitch pine shavings tied to-
gsther with a wire, and some newspapers sat
urated with turpentine all which were so ar.
ranged as TO take fire when the candle burnt
down to the listing, and the apparatus was SO
placed that the fire would communicate with
the stairs of the building; the nail-keg had
square hole cut in the top of it, n bottle con-
tanning some turpentine was also found with
the other articles in the cellar. The next day
but one after this discovery committee of in
vestigation was raised by the town of Mexico
and in hunting over pile of rubbish in the
back room of Lines splinter was found that
fitted on the nail keg where one was broken
from them, and also another witch fitted on one
of the bits of pine; piece of wire was also
found corresponding with that around the
bundle of pine sivers. 1t was testified by
witness that Lines had called on him to obtain
a key similar to the one found, that Lines did
not take it at the time but that it was after
wards gone, and that that keg had been used
to contain ashes the key found appeared also
to have contained ashesa and had on it the name
of witnesses firm another witness testified
that he had seen key similar in Lines shop.
1t was also testified by one witness that
Lines had borrowed of him an augur that
olyao tnlo Of 4l,o. ,..x Al.
found in the block of wood in which the can
die had been inserted, and by another that
Lines came to his shop to borrow an augur, ex-
amined and compared it with a candle that he
held in his hand and did not take it.
druggist testified to having sold Lynes
turpentine two or three days before, which he
had put in bottle that he claimed to identify
as the same as the one found in the cellar.
There was also testimony that Lynes had
bought short time before candles like the one
found, that he had had box similar to the one
found which had picture upon the end of it,
and the noise of hammering and pounding was
heard in his shop late in the evening of the dis
covery.
These, with some other circumstances,
such as the flight of the defendant, &C., were
relied upon by the prosecution as showing con-
clusively the guilt of the prisoner. To meet
them the prisoners counsel claimed that the
Identification of the articles was incomplete and
that, even, if all the circumstances could not be
fully explained, they by no means furnished
the proof beyond reasonable doubt required
by law that no possible motive could be con-
celyed for the commission of such a crime by a
man who had borne in every relation Of life an
entirely unblemished character and had Sc
cured the respect of every one who knew him.
The case was argued to the jury by Mr.
Devens for the defendant, and Mr.. Churchill
for the prosecution, on Friday afternoon last.
The jury retired after the charge of the Judge,
and in two hours brought in a verdict OF not
guilty on the first count, and guilty on the Sec
ond count THAT of an attempt to commit the
offence in the second degree.)
From the feeling which had formerly existed
III regard to Lines in Mexico, and which has
been exhibited by the citizens of Leominster,
the trial excited the strongest interest, and the
Court House was densely crowded throughout
the trial, a large portion being adss.
In sentencing Lines, Judge Allen stated that,
in consideration of the previous character the
defendant had borne in Mexico, and that he
had subsequently borne in Leomnster, as
evlnced by tie interest which that highly re-
spectacle community felt in him, the court
would feel justified in imposing on him the
least punishmentthat would satisfy the require
ments of law.
Lines was accordingly sentenced to two
years and four months Imprisonment at Au-
burn--two years being the minimum punish
ment allowed, and it being necessary by the
law of New York that all punishments by i'm
prlsonment i'll the Penitentiary should termi-
nate at some time between April and Novem-
Der.
GENERAL NEWS SUMMARY