Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-25

SUPERIOR CoURT-CRIMINAL TERM-PTrMAN j.
i, Wednesday,, May M.-The jury in the case of
oseph w. Roberts, for the larceny of overhals'
stockings, &c. from freight car of the Boston and
Albany road, returned a verdict of not guilty.
Thomas Quirk of Milford, for keeping liquor
nuisance; jury disagreed. Fales for defendant.
Daniel Crowley, government witness in the
above (Quirk's) case, who wouldn't or couldn't
remember anything" was arrested by order of the
court for perjury and required to give $1,000 sure
ties for his appearance at the August term Of the
superior court, to answer therefor.
Bartlett McSherry, of Leominster, was convicted
OF keeping disorderly house, and sentenced to the
house of correction for three months He is a
young man of rather prepossessing appearance, and
evidently felt the humiliation of his position after
sentence was pronounced, but the evidence against
him was clear and emphatic. Carter for defendant.
Mary Ann O'Brien, of Gardner, pleaded guilty to
an indictment for keeping a liquor nuisance, and
was fined SIS and costs.
Henry Carney, Frank Murray, and James Cooney,
of Gardner pleaded guilty to indictments for main
tanning liquor nuisances, and were each fined $75
and costs.
Thomas Monahan of Fitchburg, retracted his for
mer plea, and pleaded guilty to keeping liquor
nuisance and was fined $50 and costs, and ordered
to recognize in $1,000 not to violate the law in one
year.
John M. Aldrich of Worcester pleaded guilty to
keeping liquor nuisance, and was fined 500 and
costs.
Joseph W. Roberts was then put on trial on an
other complaint, for larceny of corn from freight
car of the Boston and Albany road. The evidence
for the government is all in. 1t appears that de-
PENDANT was one of the brakemen on the express
freight train leaving this city for Boston at
quarter before eight P. NJ, and returning here at
halfpast three A. NJ. next morning, after which he
left for his home in Grafton by the local freight
each morning. Sanford Wallis, one of the other
brakemen on that train, now serving out sem
tence for similar offence, testified that he de-
PENDANT throw out a bag of something, which he
1.-THE defendant) told witness was corn at Grafton,
the train passing directly by Roberts house. Mr..
Crabtree last freight and baggage agent of the road
testified that defendant told him the corn found in
his possession merely the sweepings of the
which he had been authorized to take away. The
government contends and introduced evidence to
show that the corn, specimen Of which was ex-
hibited, OF better quality and too clean to be
the result of sweepings, and was stolen from the
which was loaded with corn in bulk. Mr. Very,
for the defence argued that there was no evidence
to show that any of the corn found in the defend
ants possession ever belonged to the Boston and
Albany railroad or that any larceny had been COM
mitted in reference to 1t.
The district attorney claimed that there was some
evidence. The court ruled that there was no evil
dence that the corn testified to by Wallis ever be-
longed to the Boston & Albany railroad, but that
there was evidence to go to the jury as to the
corn found in the defendants possession at his
house, as testified to by Crabtree