Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-05-08

Patrick Dumphy, alias Patrick Dunvey, was
arraigned before Chief Justice Chapman and
Justice AmeS, in the supreme Judicial court, for
trial, yesterday morning, having previously
pleaded not guilty to the charge of numbering
John Stack, at Cherry Valley, on the night of
the 10th of October last. The court came in at
twenty minutes past ten. motion to ouash
the indictment on the ground that il was not
explicit enough in stating how the deceased was
struck, or in whose hands the stones, by the
use of which he met his death, were held. The
motion was overruled by the court, and the jury
were empancled as follows.
Marshall S. Ballard, foreman; Edwin Ames
James Brown, Seth p Chase, David A. Corey,
James L. Esty, Frederick w. KimbaIl, Thomas
II. KnowltOn, joel Proctor, Jonas Rice, and Adj
olson Smith.
Thirty-seven jurors were summoned before
the jury list was completed, the prisoner chal-
longing twenty, four being excused as opposed
to capital punishment, and one being challenged
by Attorney General Train.
In opening the case for the government.
District Attorney Rice explained to the jury the
difference in the crimes of murder and man
slaughter, the different degrees of murder, and
the evidence which the government proposed to
offer against the accused man; the location of
the land in the vicinity of the place in which
the fatal affair took place, and the action of the
accused and his associates during the evening
until the time of the deed. The finding of the
body of Stack on the following morning, the
circumstances connected Herewith, and the
prisoners arrest, were also fully explained
Attorney General Train and District Attorney
Rice have charge of the case for the govern
ment, and F. P. Gouldng, Esq, and George H.
Ball, Esq, appear in behalf of the prisoner.
The examination of the witnesses for the gov
eminent began about twelve O'Clock, and they
were called up in the following order:
Patrick Smith of Worcester-F First heard of the
affair on my to work my the morning of the
l!thi saw the body of John Stack lying in the
ditch by the road; there but little clothing on
the BODY, and it was badly bruised; the head was
badly bruised and covered with blood; the ground
appeared as though there had been a severe strug-
ge went to boarding house with officer to arrest
the prisoner, there was blood on his hands and
hat; did not see any wounds upon his person
Cross-eXamlned-Decea was discharged for
drunkenness Dunphy had been i'm my employ for
four months; he had usually been steady man; he
was somewhat intoxicated on the morning after the
affair.
John Whalen-Knew the prisoner and Stack;
bad heard hard words between them; saw Dunphy
throw stone at Stack; after supper on the night
of the 10th, went to the store in Cherry Valley with
Dunphy ana stack; we then went to a house on the
way TO Worcester and drank several glasses of beer
started for home a little after ten; Dunphy turned
Oft on the old road saying that he was going after
some whiskey met the prisoner and Stack in about
fifteen minutes after bidding them good night
started for home; Dunphy and Stack staid behind
together saw Dnneby the next morning; he did
Cross-eXanned-Had not drank anything before
we went TO the house where we got the beer; did
not leave the main road during the evening" had
nothing to drink after leaving the place where we
Gated
DR.. o. Martin and Dr. j. Marcus Rice the physi.
clans who made the autopsy upon the body ofJohn
Stack, testified i'm relation to the nature of the
wounds and the cause OF his death.
Daniel Singleton-Went with other men en-
ployed on the dam to the store in Cherry Valley;
left the party aud went home about nine O'Clock;
some OF the party came home intoxicated and had
trouble IN the house; Dunphy did not come home
during the night; Dunphy said, am here to-day,
but shall be in hell next week; he was covered with
blood and had his overalls in his hand; he had
changed his coat before he was arrested.
CrOss-examined Stack had previously boarded nj
the house with the rest Of the men who worked on
the dam
james Madden-Left Dunphy AZ the bouso ,yhoro
the beer was bought had trouble after going home
with John Whalen and got black eve was arrest.
ed with Dunphy the morning after the murder:
first saw DuDphy when he was arrested
Michael Bulger-Coud not swear that he had
ever seen Dunphy, a party of Eve were at his
house about two hours IN the evenings they did not
all leave together; they did not appear intoxicated
Owen Drury-Stack was in my house In the oven.
ing; he had bottle in his hand, and one in his
pocket and wanted glass; gave him a drink of
waters he came in alone, and was there about five
minutes
John Kneeland-Stack had been at my house sew
eral times Stack came In about O'Clock and drank
some beers Dunphy came In later In the evening,
filed bottle with liquor for him; he was alone;
Stack had been drinking.
Michael Hasting-Saw something lying near the
road In the ditch saw a man start from the brush
near the body the ground near by was covered
with blood, and showed evidence that the man had
been dragged into the ditch there were stones near
that were bloody, Dunphy was the man that
started from the brush; he had bundle under HIS
arm, and went toward the boardng-house
John 0Donnell-Saw Dunphy start from the
brush and enter the road he had something under
his arin; there was blood on the grounds Dunphy
went toward his boardlng.house
john Burke, one Of the party who discovered the