Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-01-24
SUPERIOR court.--crim,nai Term.

Rockwell upon the bench. The following
juries were sworn:
First Juy-Benjamin Flagg, of Worcester fore
man; Samuel B. Boutelle of Shrewsbury, j. NJ.
Carpenter of Fitchburg. Daniel g. CaTrutn OF Phil,
lipston John Clark of Worcester, Ezra Gomez OF
Dana, Charles Davis of Worcester. Edward oodae
of Clinton, Marshall Herrick of Royaston, Rodney
Leland of Grafton, Jonathan Luther of Worcester,
Daniel Maynard of Leominster.
Second Jluy-Franklin f. Rider of Hubardston,
foreman; Lowell Parker of Douglas, Reuben Puffer
of Ashburnham, Paul Raymond Jr., of Ninchen-
don, Elijah W. Robinson of Hardwick Daniel G.
Snow of Westboro', Joseph Snow, of Iempleton,
Asahe b spragne OF leicester samuel ;, lar o.
Veazy of Milford, Charles A W Whitaker of Prince
ton.
Supernupneraries-Mellens A. Taft of Blackstone,
and Hollis Tidd of New Braintree.
Webster Wheeler was then put on trial for
assault on Wilson Barber of Fitchburg, with
Intent to rob. Mr. Barber is jeweller doing
business in Fitchburg. Wheeler noticing that
Barber carried home trunk of jewelry with
him every night proposed to fellow boarder
to rob him. His contidant told Barber of his
danger, and Wheeler was arrested when about
to commit he act The District Attorney
submitted the case to the jury without argu-
meht and after eight minutes withdrawal
they brought in verdict of guilty. He was
sentenced to two years Imprisonment in the
SIate ITlSOn 1T NNdfIcSlOllJ anu ~ OilS udy
solitary confinement.
Alfred P. Remick of Upton was charged
with being common seller Of liquor. Mr..
Very appeared for the defendant. He con-
tended that the magistrate below who had
tried the case, had jurisdiction and should
have sentenced him; and that therefore this
court had no right to try the case, but should
send it down. The court ordered the case on
trial, it was submitted to the jury, and after
being out ten minutes they proved Mr.. Re-
mick guilty.
William Henry who had pleaded guilty to
the charge of housebreaking, was sentenced
to the House of Correction for two years, with
one days solitary confinement.
William White of Charlton, who pleaded
not guilty to a charge of stealing watch
from Aaron Sampson, retracted his plea, and
pleaded guilty.
Edwin Adams retracted his plea of not
guilty Of shopbreaking in Millbury, and plead
ed guilty.
Owen Foley was indicted for stealing 500
from the person of man with whom he
slept. The jury were out seven minutes, and
returned a verdict of guilty. Sentence one
year in the House of Correction.
John Cocklan pleaded guilty to the charge
of stealing the property of Samuel c. Andrews
of Westboro', and was sentenced to one years
Imprisonment in the House of Correction.
William Conway, who last Saturday pleaded
not guilty to charge of assault with dan
gerous weapon, on the person of Patrick Con
lon, retracted his plea and pleaded guilty.
Sentenced to six months in the House of Cor
rection.
Horace Cook and Horace Briggs indicted
once each for larceny and once for assault and
battery, came up, but at the request Of counsel
for defence, was postponed until Wednesday.
Charles w WhttaunOra for n
assault on the person of man in the cars at
the Norwich depot, with billy in December
last, pleaded guilty, and was sentenced to the
House of Correction for the term of six
months.
Alphonso Thomson of New Worcester, hav-
ing desire to possess a gold watch, represent
ed to Mr.. Coleman, jeweller in this city, that
he (Thomson) had money in Leicester Bank,
and would give him his check for $40, the
price of watch. Mr.. Coleman received the
check and delivered the watch to Thomson.
When the check was presented at the bank |
they refused to pay it, saying Thomson
had no money there. The court sentenced |
him to Is months hard labor in the House of |
Correction.
VIM. D. Emery and VIM. S. Scott, were
charged with stealing a watch and money from
a dwelling house in this city. Mr. Emery
pleaded, in extenuation of his fault, that Cir
cumstances entirely beyond his control COM
PEELED him to take possession of the watch and
money, what those circumstances were he did
not state. Each were sentenced to one year
in the House of Correction.
Bartholomew McGrael for breaking into and
stealing from factory certain goods, was SEN
fenced to two years Imprisonment in the State
Prison, first day solitary
Daniel Williams gave bonds to the amount
of 500 not to sell liquor, and was discharged
James Judge pleaded guilty to an indct
ment charging him with an assault and battery
on the person of his better half, and was SEN
fenced to the House of Correction for ten
DAYS
Commonwealth Us. Seth Hastings.-The COM
plant alleged that from the Sd day of May,
1859, to the day of making the complaint, the
defendant ,CdS common drunkard The de-
PENDANT, by his counsel II. B. Staples, moved
to dismiss the complaint, on the ground that
no offence was therein set forth He held
that, to be an offence, it must be alleged that
a man is a common drunkard at the time of
the complaint; that it is no offence that man
has been a common drunkaId, if he is not one
at the time he is complained of; and cited the
case of Commonwealth vs. Whitney, 10Th
Gray, p. S5.) The court sustained the motion
to dismiss the complaint. This is regarded
novel suit and has excited some interest
among legal men.
Commonwealth Us. Mary Bush.-This is a case
that came up on appeal from the Police Court
at Milford. The defendant claims that when
she was tried, the court was not proper one
to try her case, as the clerk of the court was
absent. Such being the case, the Police Court
at Milford had no right to try the case, and
hence an appeal to this court. The court sus-
tanned the objection taken by the defendant
She will of course be discharged
The court adjourned until o'clock this
morning