The Massachusetts Spy, And Worcester County Advertiser

Worcester:
Wednesday, October 12, 1825.

CAPITAL TRIAL.

Supreme Judicial Court, October Term, 1825.

Commonwealth, vs. Horace Carter.—This was an indictment for a Rape committed in the town of Brookfield, on the night of the 23d of February last. Inasmuch as this was a capital case, and produced no small degree of excitement in the community, we shall endeavor to give an abstract of the evidence adduced upon the trial.

Ruth Ainsworth was the first witness called on the part of the Government, is a woman seventy-eight years old, and the person on whom the violence was committed. She testified that she was a pauper of the town of Brookfield, and resided in the house provided for the poor; that on the night above mentioned, she was in said house with two other aged and feeble females, who had retired to bed in the room where she was, and a lame young man who was in a chamber; that, between eleven and twelve o'clock, she heard a knocking at the door, and asked who was there; the answer was "a friend," that he was an overseer of the poor, and wished to be admitted to know if they were well provided for; that an admission being refused, he burst open the door, came in, walked to the fire, stood some time before it; that while she was stooping to replenish the fire with fuel, he assaulted her; that a struggle ensued, in which she made resistance until exhausted: when he committed the fact as charged in the indictment. Witness further testified, that she was much bruised and wounded, and that two of her teeth were displaced by his attempts to stifle her cries—that while he was standing before the fire, she had an opportunity to observe his form, his countenance, and his dress; that he was about six feet high, and wore a dark coloured coat, dark pantaloons, white stockings, with shoes, and a hat set back from his forehead: that she recognized him when she saw Carter the next day, and said he was the man who committed the deed.

Martha Richardson, the second witness, gave nearly the same account of the whole transaction—said she was in bed, where she had an opportunity of seeing nearly all that passed, but being decrepit could render no assistance. Her testimony was a corroboration throughout of that of Mrs. Ainsworth. She could not, however, swear that Carter was the man the next day, as she saw but one side of his face, but when she saw him in the evening by fire-light thought she had no doubt that he was.

Lydia Potter.—This was the other woman who slept in the room—her testimony was in substance the same as that of the other two, though not so particular as to circumstances. The next day, she said she could not swear that Carter was the man, but the resemblance was so strong, she had little doubt.

Solon Phipps testified that he was a pauper living in the same house ; that he was in bed up stairs on the night of the 23d of February: that he heard the knocking at the door, and the request for admission : that he answered no one should be admitted; that he heard the door broken open, and immediately got up and went out to call Mr. Walker, the keeper of the poor, who lived at the distance of a few rods; that when he returned, he found Mrs. Ainsworth much bruised, &c. : that she gave them the same account of the affair as in her testimony in court : that he could not describe the man, as he in his haste did not observe him particularly, but next morning recognized a resemblance between Carter's voice and that he heard the night before.

Ezekiel Walker.—Witness, said he was called up on the night aforesaid by Solon Phipps, who told him some one had broken into the poor house; that he went to the house with Phipps, and found Mrs. A. in the situation Phipps had testified to : that she described the man, and that Carter answered the description.

Brutus Hodges testified, that he had some business with Carter on the evening of the 23d of February: that Carter went to South Brookfield with him, and that they returned to his house together ; that Carter helped him put his horse into the barn, went into the house with him and drank something; remained some time, and (as he thought) at about half past eleven went out, saying that he was going to Brimfield that night; that the poor-house is on the road from his house to Brimfield, about two and a half miles distant: that in the morning his horse was not in the stable where he had been put the night before, and that he was found at Mr. Ezekiel Walker's within a short distance of the poor-house; that he had known the prisoner a number of years, and knew he usually wore his hat further back upon his head than men usually do.

Alanson Hamilton.—Witness said he was the officer who took Carter with a warrant; that he was at the poor-house on the morning of the 24th February; that he heard the woman describe the man who committed the violence, and that Carter answered the description; that the three women selected Carter from a group of twenty persons to be the man who committed the deed, though Mrs. Richardson and Mrs. Potter would not swear positively to this identity, having a strong belief, however, that he was the same. These were the principal witnesses. Several others were called on the part of the Government, and an attempt made to prove the prisoner's confession of the fact, which did not succeed. But few witnesses were called on the part of the prisoner, and their testimony did not in any material point contradict that of the Government's witnesses.

John Davis and Pliny Merrick, Esquires, were Counsel for the prisoner ; the principal point on which they rested the defence, was the want of proof of Carter's identity with the person who committed the fact. The prosecution was conducted by the Attorney-General, Morton.

After the charge of Chief Justice Parker, the Jury retired for about one hour, when they returned a verdict of GUILTY.

On Saturday morning, the prisoner was again brought to the bar, where the Chief Justice addressed him in a solemn and impressive manner upon the enormity of his crime, the certainty of his fate, the necessity of repentance, and the prospect of mercy before his Omnipotent Judge; and then pronounced upon him the sentence of DEATH.