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IlOXBUBY MURDER1868Trial •rUcnouquel ofSchools—rtunate ason •, ■» ih c long withits a bon-..Men for led toy it , the Bos-ike weight i leading leep withto whomey should hoars..., brain. ItBJsaer ftor the Mardcr■M A. Cleary.{aaroaran rea ram moerorn roetAt sob©named, it(ompanied 3d mortal, ed a point iip-Butler onths hadthe lightthe Vien-tiy thing.Jttersle highty-irbers willIt is aof theseingthshetnd pum-ed super-that theerly con-•anee....oice and uty and a s rarish-Ihe hay-on theets. Ten-ve Juneoetry and Let ouring place skirts by We ad-ly treads :r of iil-rerer, it does not lonument• • •:ture ssarily a “ Posts.” Eachbut tolo • • •. • • smaller* at little . Theirible...ecaasekets____rops ran I gentle-L Thevmrnot put e not toThe trial ot Kiern Elgncy for the Border of Thomas A. Cleary, at West Boxbury, on the night of July 4th, 1897, was «*unenoed in the Superior Court at Dedham yesterday morning before Chief Justice Chapman and Assistant Justices Cray, Wei to and Colt. Attorney General Charles Allen and District Attoraej Edward L Pierce appeared for the Government, and Hen. William Gaston and James W. Bobbin for the prisoner. The circumstances of the murder as broughtbJ t* preliminary examination of Kigney before TrialJustice R D. tly, at Jamaica Plain, on the day succeedingthe affair, were fully published in the papers at the time.1 he case was opened for the Government by Mr Pierce.He defined the different degrees of murder and manslaughteran*reod from the statutes the law which he deemed aaplica-vf ^ case, and cHtoed with a brief account of the homicide.*'or Government and the defence were tnen caiiea. At the request ot the prisoner’s counsel, theywere excluded from the Court-rootn while the evidence was being taken.—of Roxbury, was the first witnesskGe testified i° having drawn a plan of the localitywhere the affray occurred, tor the use of the Government during the trial.Gcorwuna Lindell was next called to the stand. She testified that she resided at Roslindale, West Boxbury, cm Brown s avenue. Accompanied the three sisters of Thomas A. Clearv. Julia, Martha and Mary, into Boston on the evening ot the 4th of July last. They returned early on account of ibe shower, and were met by Cleary in the Providence depot acd took the 10 o’clock train for West Boxbury. Got out at the Mount ilcpe station, and after leaving the depot a short distance the party were spoken to by one of two men standing near. Thomas told him not to insult the ladiesas they had a mau in company with them. The reply was:_* No, Dot a man, ouiy a boy.” To this Thornts replied :— Boy or man, yon’U find I can protect them ” When just beyond Blakeman s barn on Rosendale avenue, some further conversation ensued and the shorter of the two men then jostled again*iThomas and said to him, ** I’ve as much right to the street as you have, and my tongue’s my owu, and Ishall use it as much as I please ” Tom replied “ I don’tdeny your right to the street, but you have no right to insult the ladies. Julia then tried to burry her brother along to avoid further trouble. After proceeding a short distancefurther the man repeated his remark about his right to theroad, when Cleary made nearly the same reply again. She then saw the man raise his arm to strike Tom, ana the latter turn and grapple with him, and both tall to the ground. Martha then ran between them and was thrown dowu also. Ice two struggled on the ground rolling over Martha, who then got up. The witness then beard Cleary sav “ l'ou have done tDough for to-night; now go borne. Julia also said to the stranger, “ You are do mau, you are a ccward to fight in the presence of ladies.” He said he would not go hi me without his hat, which he soon found and then went off. Cleary complained oi being faint, and the girls together assisted him botne. After reaching the inside of the gate he fill. His father then came out and he was takeu into the house. I'pou cross-examination the witness testified thatthe man wore drab clothes; that Cleary didn’t do anything until after he was struck; that Cleary had tiis back turned when the blow was given; that the struggle didn’t last over a minute and a half in duration.The Court here took a tocess of an hour after which the testimony tor the Government was resumed. William H. II. Joy testified to his meeting a man of Rignev’s description on the night of the 4;h of July last, mar the Mount Hope station, Mist Roxbury. As the witness was unacquainted with th* locality and the night wasextremely dark, the stranger offered to show him the way to his house on Mattapan stre* t. The meeting occurred opposite a Mr Blakeman’s barn, on Rosindale avenue. Seeing a party of three girls and a ' ouug nun a short distance ahead he stranger said, - let’s loliow thewhite” fmeaning the ladies’skirts.) Witness replied, “Yes,that wili bring us out all right ” With that Cleary turned round and told them uot to insult the ladies as they had a in in to pn. tect tbtm. The strangirmade some replv at which the w i i ness gave h im a shove and told him s.o -shut up” and ‘vcme atoog.” As the man wasn’t inclined to do so he started on and left him. After going a short distance the man caught up and wanted witness to go back and “punch him ” meaning Cleary. This was asked him two or three times. The witness lett the stranger at the head of Mattapan street boil tied tog each other good night Upon cross-examination Joy testified that he had nevir seen the man before that n eht; wouldn’t know him again were he to see him; he apparently wore dark clothes arid had on a Ko-sutb hat; thenigh: was too dark to distinguish features, though their facesbad bten in close contact; he acted as it he had been drinking •Julia, Martha and Mary Cleary, sisters of th* deceasedwere next successively sworn. They testified substantially asMi-s Lindelt bad done to the circumstances ot the cose. Theonly additional evidence was that concerning the visit of aMr McNamara, a brother-in-law of the prisoner, to the housethe day after the affair. He came to the door and asked ifthere was a little boy dead there; to which Julia repliedthae was. McNamara then said that there was a nice littleboy as ever lived arrested at his house for the murder. Tothis Jul.a answercu, *• 1 thank God tor it,” and then the man wem away crying.Ur Joseph Stedman, the next witness, testified to his having been called to attend the deceased; described the natureot his wounds, and also narrated the circumstance's of the ar-rest of Rigney.Capt* McDonald, of West Roxburv, Dr Stedmau, and several oJ.er Harnesses were subseqneatly called, and their testimony did not differ materially from that offered bv tbem atthe preliminary examination. The trial will probably lastthrough to day.ThpopnFro*ed b loke patrc madeFc will tof wlTh ▼ray gam! is exTobasin a noth compCo▼entiC. 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Newspaper Details
Boston Post
Boston, Massachusetts, US
Wed, May 20, 1868
Page 3
Full Page
Clipped by
Liz G.
NA, 09 Mar 2023
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