Worcester morning daily spy., 1898-01-22
WORCESTER DAILY SPY SATURDAY. JANUARY %, 1895

Is murder, except IN the sense tnat tneIe
was no wilful premeditation. In con-
clusion he asked that the maximum
penalty be imposed.
For the defence c. f. Barker claimed
that the child had been subject to con-
vulsions and was abnOmally subject Ia
these attacks. Several witnesses were
called.
Gilbert Peters. the defendant, tesu-
fed that he is 81 years old.He was born
in Nova Scotia. He testified that he
was driving along the road on the day
of the alleged assault wlen he noticed
that a part of his harness was disar-
ranged. He jumped Off the wagon,
and in getting off his foot caught In the
reins and he stumbled. This turned the
horses toward the side Of the road.
The two children became frightened
and one Of them ran screaming down
the road. Witness said he stopped
to console the other little girl who was
crying and picked her up to reassure
her He said that was the only reason
te took hold of her, and that he had
never attempted any kind Of an assault.
James Peters, father OF the defen-
dant, testified that his son had never
been arrested and was a steady work
man. He was entirely dependent upon
his son for support. He had never
known Of his sons being arrested. Sc
Yeral years ago his son was In a runa-
way accident at Fitchburg, and was
struck In the head so severely that II
was some time before he recovered. In
fact he had never fully recovered, and
since that time his mental capacity had
been less than formerly.
Samuel Sprague, a farmer OF West
minister, testified that Peters had been
in his employ twice. first In 1SS9-'90, and
again from 's2 on. He knew that Peters
drank, but had never seen him drunk.
Had never seen him take improper ad-
vances with girls, although there were
young girls in the neighborhood.
Deputy Sheriff Callahan testified that
he had arrested Peters, but had never
seen any wrong on the mans part.
Medical Examiner James Oliver. who
made the examlnation OF the girl. testi-
ned that, on the examination OF the alb
domen and spinal cord, he had found
black and blue discolorations. There
We're no injuries TO show that rape had
been attempted. There was no evidence
OF external injury. He considered death
was due TO shock and subsequent ter
ror, producing commissions.
In closing, Mr.. Baker, for the defence,
said that he would ask the court to
tske into consideration the plea of the
defendant and his own story. The
death of the defendant did not result
directly from the treatment at the
hands Of the prisoner but from her alb
normal physical condition The child
was subject to fits, and her condition
was such that commissions would have
resulted if she had been frightened in
any other manner. Death would not
result in such a case once in a thou
sand times, and here there was no gross
incecency. Mr. Baker said that the
DEFENDANTS father was dependent upon
his son for support, and that in any case
the father would not survive the sons
term or Imprisonment. He suggested
a sentence TO the house Of correction.
where the prisoners father could visit
him.
District Attorney Parker then closed
for the government, saying that the gov
ernment and defense had agreed as to
the main facts in the case. The pris-
oner should be sent where evil is sepa-
rated by grim walls from the commu-
nifty which holds the law in respect. He
considered that the prisoner had per-
lured himself in his attempt to mitigate
his crime, and this IN the seriousness
of the situation, when his case was be-
fore the court and he pleading for its
clemency, added TO the debasement OF
the mans nature
Judge Hopkins stated that the ex-
treme penalty was 20 years in state
prison, and then pronounced sentence,
committing the prisoner to the state
prison for term of not less than 1e
years and not more than IS, the first day
to be in solitary confinement. Peters
father went to the dock, and was af-
fectionately kissed by the son as a fare
well. None Of the Rollins family was at
court. The family came from Florida
but two days before the assault took
place, and were unfamiliar with the
town. Since Peters was arraigned the
family has disappeared, and no trace
can be found Of them. They never asso-
ciated with their neighbors, and but lit
tie was learned Of them during their
brief stay in ROyalston.
CASES IN ORDER.
The following cases are in order for
Monday:
s52-James Slu, breaking and entering.
53S--John Sill, assault and battery.
39O-William H.. Houghton, adultery.
Ssl-John Minor, adultery. Charles S.
Hayden.
s57-Charles Williams. breaking and
entering.
S77-3SO-Frank Novotny, utterlng. Sui
livan & O'Connell.
349-Stratton McDermott, and Sulll-
van, breaking and entering.
36O-King, O'Donnell, breaking and
entering.
S47-Hurley, Kelly, breaking and en-
tering p ]. O'Connell.
355-John Sullivan, breaking and en-
tering. J. II. Meagher.
S63-John F. Kelly, breaking and en-
tering. Sullivan & O'Connell.
SI2-Thomas Hoar, receiving. Sullivan
C O'Connell.
369-Joseph r. Wood, larceny in build
ing. Sullivan & O'Connell.
373-James Patterson, driving away
team. James f. McGovern.
364-Bulger. Shea. attempt larceny.
Sullivan & O'Connell.
In order for Tuesday
359-Clark, Dunn, Mcclure, Mcintyre,
Walsh, Waters, breaking and entering.
354-Michael Rafferty,. breaking and
entering. T. F. Larldn.
341-James Connors, assault with in
tent to kill.
SS2-walter A. Schultz, adultery.
Thayer & Perry.
SUIT AGAINST HUBLEY EFT AL.
Charles NJ. Thayer, as administrator
of the estate Of Nathaniel Z. Taft OF
Uxbrldge, brought a bill in equity in
the superior court Friday, with Zach
arias A. Hubley Of Worcester, the Tx
bridge Savings Bank of Uxbridge, VIII
liam F. Hayward Of Uxbrldge. Winfield
S. Shuster Of Douglas ct al, as respond
ents. According to the claims of the
petitioner, Zacharlas A. Hubley, dellv-
cred and executed TO Nathaniel A. Taft
Sept. Is. 1896, a mortgage on certain
real estate In East Douglas; that Hub
ley subsequently mortgagcd the prop
erty to the Uxbridge Savings Bank. and
that then it was transferred 10 William
z. Hayward and Winfield 8. Shuster