The Portland daily press., 1864-08-10
Supreme Judicial Court.

| CRIMINAL TERM.-DAvTs, j., PRESIDING.
Trial for Attempt to hiH Family by
Poison.
The case of State VS.. Margaret Wallace,
who was charged with attempting to poison
the family of Mr. c. V. Bosworth on the 18th
of January last, by mixing arsenic in a tea
kettle full of water, but which was discovered
before any use was made of the water, and
which has occupied the Court four days, was
brought to conclusion yesterday. Mr. VIII
liams, counsel for the prisoner, concluded his
argument about twenty-five minutes before 7
O'Clock Monday evening. Yesterday Mr..
Butler, County Attorney, made an able and
elaborate argument for the prosecution, occu-
pying little more than two hours The
charge OF Judge Davis was very impartial
SO much so that the counsel for prisoner did
not request any special instructions TO be
given to the jury.
After an absence Of about twenty minutes
the jury returned into Court and rendered
verdict of Not Guilty. Margaret was then
discharged. She has been In Jail nearly seven
months.
Nehemiah II. Murphy was tried on COM
plant, appealed from the Municipal Court,
charging him with extortion, in charging the
sum of two dollars for conveying three pas
sengers from the Boston boat to Merrill street,
in violation of the city ordinance regulating
the fares of hacks and carriages The defense
was that one Of the passengers was sick and
that respondent had to wait upon the wharf
more than one hour before he could get the
family of complainant into his hack; and had
to give up conveying other passengers who
wished him TO convey them to their residences:
that he told Mr.. Pittee, the complainant, that
he should consider himself and hack under his
charge; and that he was about two hours be-
fore he got through with the job for Mr. Pit
tee, being obliged to walk his horses all the
way from the wharf TO the residence Of Mr..
Pittee, on account of the sick daughter.
Per contra-Mr. Pittee testified that it was
about 8 O'Clock when ne engaged Murphy,
and that it wanted ten minutes of seven when
he aud his children were landed at his house.
The case was managed by Mr.. Butler for
the State, and by Messrs. Howard & Cleaves
for the respondent.
Judge Davis, in charging the jury, remarked
that the city ordinance provided what fares
should be paid for conveyance of passengers
in hacks; and that hackmen had no right to
charge for waiting. If a hack driver did not
choose to wait he could leave the passenger,
but II he waited he could not charge extra.
Such charges for waiting would lead to re-
peated violations Of the ordinance, as the
drivers could charge for waiting for the boats
to arrive. Neither had hack driver right
to charge more for the conveyance of q sick
passenger in his carriage than one that was
well. 1t was optional with the driver whether
to take the passenger or not.
Under all the circumstances of the case, the
Judge remarked, the respondent having
waited so long, he did not think he had re-
ceived more than fair compensation; and,
although his opinion was that hackmen could
not charge for waiting, yet this was one of
those cases that the public good might be sub
served by not pursuing it any further.
The County Attorney then withdrew the
case from the jury, and entered mol pros.
kirswell j. Carter and Greenleaf Chute
convicted at the last November term of an
assault with intent to main, recognized per-
sonally for their appearance at the next term
OF the Court. j. o. Donnell for the defense.
The case of State VS.. Francis o. j. Smith, /
Tor adultery, was continued to next term, the
defendant recognizing for his appearance.
Henry j. Morgan, the hotel thief, against
whom three indictments had been found. re-
tracted his plea of not guilty on the first in
dictment, charging him with larceny of cloth
ing from the Preble House, and pleaded guilty.
Continued for sentence. n. Webb and How
ard & Cleaves for prisoner; NJ. NJ. Butler for
State.
The jurors were dismissed, and Court adj
journed 10 3 o'clock this afternoon.