Norwich bulletin., 1912-03-04

Judge crosby at Springfield Satur-
DAY listened to the arguments on the
motion FOR new trial filed by the law :
yers Tor Bertram G. Spencer on the
ground OF newly discovered evidence.
Judge crosby announced at the end of
the hearing, which lasted an hour and
a half, that he would reserve his de-
Clslon unit! some time in the future
Judge Henry A. King sat with Judge
/ crosby during part of the proceedings
Richard P. Stapleton of Holyoke spoke
in favor of the new trial, and District
Attorney G. T. Callahan of Holyoke
opposed the motion.
Much of the time was taken up with
a discussion of the question whether
the court has a right to grant new
trial on the ground of the newly dis
covered evidence contained in the four
affldaVits of Felix Golding, Timothy
Goulding, p. J. Culhane and Thomas
Graham. These were filed by the de-
Tense TO controYert the statement
made by the convict, Horace NJ. st.
John, alias Edwin r. Bell, who testi-
fed at the trial that Spencer had ad
mltted to him at Bridgewater that he
was shamming insanity. An affidavit
by st. John stating that he did not
make the statements contained in the
other affidavits was also considered at
made by a deputy warden at the state
prison, which was submitted by the
commonwealth, was disregarded. Mr.
Stapleton argued that the evidence in
the four affidavits was not cumulative
while Mr.. Callahan argued that it was
largely So The supreme court has
decided that no new trial shall be
granted for cumulative evidence.
Spencer was brought up from the
jail a little before 10 o'clock by Turn
key n P. Wade, and he appeared to be
ir excellent health and in much better
condition than during the trial He
did not seem nervous or excited in the
least, and when the hearing was over
he talked freely for several minutes
with Mr.. Stapleton, to whom he hand
ed slip of paper, the contents of
which Mr. Stapleton refused to give
out. Spencer seemed much stouter
thar a few months ago, and his face
was more like his early pictures. The
handouts were removed from his wrists
when he came into the courtroom and
they were not replaced until after the
hearing.
Deputy Warden's Affidavit Ruled Out.
Mr. S:apIeton in opening his argu-
ment said that he objected to the con-
sideration of the affidavit made by
Deputy Warden Nathan D. Allen for
the reason that it contained no state
meIts contradictory to the afhdavits
flied by the defense Mr.. Callahan said
that he would not insist on keeping in
tho affidavit of the deputy warden and
Judge Crosby ruled that it should not
be given any consideration under the
circumstances.
Taking up the witness, st. John, Mr.
Stapleton said that he had been called
by the commonwealth at the psyche
logical moment near the end of the
commemorative testimony and just
before the testimony of the experts
went in. He then briefly summarized
the evidence of the convict to the eff
feet that he had been intimate with
Spencer at Bridgewater and that the
defendant had admitted to him that he
was shamming insanity. Mr.. Stapleton
said that it was impossible to bring
inmates of the asylum TO contradict
St. Johns story, which was entirely
uncorroborated and that it must have
had a great deal of influence on the
jury. The high Importance attached
by the commonwealth to ST. Johns
story may be judged, Mr.. Stapleton
said, by the amount of attention given
to it in Attorney General James NJ.
Swift's closing arguments. Mr.. Staple
ton asserted that Mr.. Swift paid more
attention to the testimony Of st. John
than to any other single witness. bas-
ing most of his contention that Spencer
was shamming on St. Johns story.
Mr.. Stapleton mentioned the fact
that he had three affidayits showing
that st. John had told other people
that he had purpose IN testifying
against Spencer, although he denied
this on the witness stand. The aft
davit also contained the statement that
st. John had a personal 'grudge against
Spencer, although in his own affidavit
st. John denied that he had any grudge