Posted by stew - Sat, Jan 17, 2009

Gazette & Courier - Monday, August 23, 1875
Court record

The second week of the Superior Court was opened at 10 o’clock Mon. The jury in the case of Peleg Adams vs. John Single, and the countersuit of Single vs. Adams, brought in a verdict on each action separately, viz.: In the former for Adams, amount $522; and in the latter for Single, $808, giving a difference in Single’s favor of $286.

The criminal cases were then taken up before the second jury as follows: Timothy Sullivan of Greenfield, on two indictments for larceny. The transaction itself was so lately chronicled that it is unnecessary to repeat it here, but simply to state that the defendant is the party who carried off Conductor Tharp’s clothing, and A.N. Hull’s shoes from the Mansion House. He was found guilty and sentenced to two years at the State Prison at Charlestown; two days solitary. District Attorney for Commonwealth.

Patrick Fraine of Charlemont was tried on two indictments. One for arson and another for larceny from the building, both being tried at the same time. The first charge was for the alleged firing of the Zoar depot last March, and the second for stealing from the same. The defendant worked upon the railroad at the Tunnel and boarded at Zoar. The parties with whom he boarded testified that Fraine came home the night of the fire at 5 minutes before 9, and the alarm was given about half past 9.

The defendant, who had no council, cross questioned the witnesses with considerable shrewdness, and brought out from the depot master the fact that some railroad men were in the depot during the eve; the west end of which was used as a store, and that there was a large fire in the stove, so much that some of the party complained of the heat, but it was claimed that the fire was out, or nearly so, when the store was closed.

The party who lived near, and who seemed to have discovered the fire first, described it as wholly confined to the southwest end, or store part, and there seemed to be no fire in the rest of the building. The evidence seemed very small to hold the defendant on the charge of arson, and the verdict of the jury acquitted the prisoner at the bar therefor.

On the allegation of larceny, the evidence was more conclusive, two witnesses testifying to the defendant having pennies and 5 cent pieces in his pockets, some being in a pocket handkerchief and others done up in a pair of stockings in the defendant’s coat at the place he boarded. On this charge he was found guilty and sentenced to 2 years in the House of Correction at Pittsfield. District Attorney for Commonwealth.

Marshall H. Porter of Williamstown and Henry Smith of South Deerfield, for larceny, and the former also for receiving stolen goods. The defendant, Porter, a dark mulatto, who gave his age as 30, said he was visiting at South Deerfield. He claimed to have had nothing to do with the larceny, but said the articles found on him were given him by Henry Moore, although he acknowledged he knew they were stolen.

It appeared by the confession of Smith, who is a bright colored boy of about 16 years of age, that the larceny alleged consisted in entering the store in the building connected with the Bloody Brook House at South Deerfield; the boy Smith watching in the shade of a large elm tree in front of the store, while Porter and Moore entered the store by the bulk-head and did the stealing. The articles taken were 2 or 3 watches, a revolver, candy, some currency and silver coin and other miscellaneous items.

Henry Moore, indicted with the others for the larceny, was bailed by his father, an was not on hand to be tried with the others. Porter and Smith were found guilty and sentenced each to 3 years at the House of Correction in Pittsfield; District Attorney for Commonwealth, A. Brainard for Smith. A bench warrant was issued for the arrest of Henry Moore, who has become scarce in this region since the time he was required at this court to plead with the others to the alleged burglary.

George Doolittle of Greenfield, for assault and battery. The present case came up on an appeal from sentence of the magistrate. The said assault and battery was made upon H.E. Keuran, while visiting the Mansion House, the defendant being keeper of the hotel. The case was virtually decided on the testimony of Doolittle himself, who, after detailing the fact of seeing Keuran passing back and forth through the bar room to the wash room, had ordered Keuran to leave and not be hanging around there, to which the reply was made that he had as much money in there as the defendant, and should go when he got ready, at same time drawing a pocket knife and threatening bodily harm if he was put out; upon which the defendant struck him with his fist, and as he was going out struck him two more blows.

The fact of any knife being drawn was denied by Keuran, who also said he had no such knife as described with him at the time. Several witnesses detailed the facts as they saw them, several testifying they saw a knife in Keuran’s hand, but the court ruled that even if there was any justification for the first blow self defense did not require the others, and according to the defendant’s own testimony, the said blows were given when Keuran was getting away about as fast as he could. Verdict of guilty. Sentence deferred. District Attorney for Commonwealth, A. DeWolf for defendant.

The case of Michael Moran for larceny came up on appeal from a magistrate’s trail, and on motion the complaint was quashed for informality. D. Aiken for defendant.
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Frank P. Bell of Coleraine for assalt and battery had a lengthy trial occupying the most of Thurs. The alleged assault was made with a shovel upon George H. Phillips, one of the Selectmen of the Town, and also another assault upon Newton G. Lake, who was with him at the time. The defendant has not lived very peaceably with certain of his neighbors for some time, and probably dates back to the adultery case of a few years ago, at which the present defendant was one of the parties.

The present difficulty seems to have arisen about one Joshua Fairbanks, a town pauper, at the time living at Bell’s house. Mr. Phillips testified that he went to the defendant’s house, either to get Fairbanks or to notify defendant that the town would not pay for his support. Upon which the defendant ordered them away, using abusive language, and that afterward he came out armed with a shovel and not only assaulted them with his fist, but struck at them with his shovel, and finally thrust the shovel against Mr. Phillips, knocking him down.

All this the defendant denied. The jury, however, found the "Christian Hill" defendant guilty. when the time for sentencing arrived, Bell had departed, he having been on bail since his preliminary trial before the magistrate. His bail was called and defaulted, and a bench warrant issued for his arrest. District Attorney for Commmonwealth, C.C. Conant for defendant. This closed the criminal cases and the civil list was resumed with.

Joseph H. Hollister vs. Quincy Mutual Fire Insurance Co. In this case the plaintiff claims a sum due him on a policy in said company. The company, however, defend, alleging that the plaintiff has no claim on them, as he had failed to pay an assessment made in the required time, and his policy had consequently lapsed to the company. The court ordered the jury to return a verdict for the defendant, upon the law involved on an agreed statement of facts, and the case goes at once to the Supreme Court on the questions of law. C.C. Conant for plaintiff, D. Aiken for defendant.

Edward E. Coleman et al. vs. Loren S. Bartlett et al. - This was an action of contract for the recovery of the price of a turbine water wheel, made by E.E. Coleman & Co. of Shelburne Falls, for Loren S. Bartlett & Son of Northampton - the value of the wheel, worksetting the same and interest, amounting to $567.

The wheel in question was put into the mill some 2 years ago, and the contract therefor, the defendants allege, was that the plaintiffs agreed to put in the said wheel and to warrant it to work to the satisfaction of the defendants; that it should use less water and give more power than the wheel they were then using; but after trying the wheel for some time, with the same water as on the old wheel, found they got less power and could not operate the mill; and that on notice given of these facts to the defendants, they endeavored to remedy the defects, but still it did not work to their satisfaction, and they therefore refused to pay for the same.

The case was very thoroughly heard and a great amount of evidence introduced to show the conditions under which wheels are usually put into mills, the nature of turbine wheels in general, and much other matter relative thereto - of interest, perhaps to mill owners, or to the relative value of turbines and the conditions necessary to their successful working; but as a whole, the general interest in the case was not so great as in many others. Verdict for defendants. S.T. Field for plffs.; DW. Bond & H.H. Bond for defts.

Lyman J. Wait vs. Justin Thayer et al. - This case was partially presented to the jury, but was suspended to enable counsel to go to Brattleboro to take the deposition of S.F. Warner. The action is on a promissory note of $1000, given by Warner and endorsed by Thayer, Sargent & Co.of Northampton, Mr. Warner being at the time a member of the above named firm. The case attracts considerable attention on account of several nice points of commercial law involved.

While waiting for the taking of the deposition mentioned, the case of Joel R. Davenport vs. the inhabitants of Coleraine was taken up before the same jury. This action is for injury alleged to have been received by the plaintiff while traveling on the highway in said town. The case is still on trial.

The cases of Mary M. Hillman vs. The Inhabitants of Charlemont, and that of Chandler A. Vincent vs. The Inhabitants of Rowe stand next in order of trial. It will probably take the most of the present week to finish up the cases still standing for trial.
 

Subjects: Accidents, African-Americans / Blacks, Bars (Drinking establishments), Business Enterprises, Businesspeople, Charlemont (MA), Coleraine [now Colrain] (MA), Courts, Crime, Criminals, Deerfield (MA), Economics, Family, Fires, Food, Government, Greenfield (MA), Hampshire / Hampden Counties, Hotels, Massachusetts, Missing Persons, Poor, Prisons, Racism, Rivers / Lakes / Oceans