Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-05-09
I'VE
Assistant Adjutant General.


HAhA VI ShttFy NdAtty
The trial Of Patrick Dnnphy, or Dumphy,
charged with taking the life of John Stack, in
Cherry Valley, ON the night of October 10th
1871, was resumed in the supreme judicial court
yesterday morning. The case was opened by
the counsel for the government promptly at nine
o'clock and the examination OF Witnesses was
resumed The prisoners appearance during
the morning session was unchanged, he not ap-
pearing to take any particular interest in the
case. The Witnesses were called upon in the
following order:
Perley Holman recaed-Identiiiei large stone
which was found lying near the body; there was no
mark in the ground that looked though the stone
had been taken from near the body; the stone was
covered with blood; the stone weighs thirty-eight
Timothy Martin Went to the store with other men
employed on the dam in the evening; we then went
TO Il house on the Worcester road and got some
beer; left the house with Dmphy and John Wha-
len; Dunphy left and went up the old road Dun
ply Joined us again in few minutes; Stack met US
ON the srOad; Dunphy aud Stack were behind US in
the road when we went home; both men in-
toXicated; stack had bottle in his pocket; went
home with Whalen; next saw Dunphy on the fol-
lowing morning; Stack said that ne was coming up
10 the house to see the folks
Crossed eXamined-Madden was the only one
that drank liquor at the house where we got the
beer; stack was intoxicated when he came up; did
not see any trouble between Stack aud Danphy
1nlS closed tne evidence for the government,
Mr. Ball, in opening the case for the defence re-
viewed the condition of the men on the night ON
which the affair happened, the standing of the par
ties connected Herewith in society," He gave n Irief
account of the defendants life during the past four
years and the circumstances connected with the
killing OF stack tie cited several case1to illustrate
the affair and explained the bearings of the statutes
in relation to the different degrees of crime con-
uected with the taking OF human life, The wit
nesses for the defence were then called upon as
follows:
Patrick or Michael Dunphy-Worked ON the
reservoir three months; did not receive any money
on the daV of the trouble; went to the store with
the rest of the men; went from there to house TO
get some beer; drank some liquor and beer there;
Madden also took beer; were there some time: 1--WE
of us lett the house together; three of us went 10
Kneeland's and got quart of liquor; met Stack on
the road; he was shouting; we all then took drink
from bottle; Whaen and Madden went up the
road; Stack wanted to tight; lie continued talking;
he threw a stone at me, hitting me on the back and
struck me the head with his fist; then threw AN
other stonp we clnched and fell into the ditch he
had a stone in his hand, which took and struck
hun with slept near the road that night: saw some
of the wOrkmen in the morning; did not speak to
them; went up to the boarding house; did not
speak TO any one At the house; went up stairs aud
laid down; took OF my oyeralls and put them IN
the bed; there was blood ON them; came down
stairs and heard that Stack had been killed; was
arrested and brought TO Worcester; we had ali been
drinking and were intoxicated; never had any
trouble with Stack beiorei did not intend to Kill
Stack dOn't remember anything that happened
after the fight with Stack.
Cross-examined- Did not see Stack before he met
me ON the road; the trouble began when all four
were together; stack did not say ANYTHING to the
rest of the party; told Stack that did not want to
iight; Stack did not trouble until we were alone
can give no reason for remaining with Stack Stack
struck first; we fell into the ditch; took stone
from him aud struck him in the head; don't know
how many times struck; don't remember leaving
the body did not tell the truth ut the coroners Ia.
quest.
Albert u Smith There was great ,lenI of noise
on the back and main roads during the night there
were cries of Johnnie, which were answered
Cross-examined Heard number OF persons
shouting during the first OF the evening, and only
one or two afterwards.
Thomas Dunn, William Brown and Edward
O'Brien testified as to the prisoners character.
Christopher Riley testified in relation TO the char
acters of Dunphy and stack.
Thomas Moore also testified in relation to the for
Iner character of the prisoner.
THIS closed the evidence for the defence and after