Commonwealth v. Hayes

• Decision Date: 06 November 1884
• Citation: 138 Mass. 185
• Parties: Commonwealth v. William Hayes
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

138 Mass. 185

Commonwealth v. William Hayes

Supreme Judicial Court of Massachusetts

November 6, 1884

Argued November 5, 1884.

Essex.

Indictment alleging that the defendant, on February 6, 1884, at Peabody attempted to set fire to a building.Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows:

The government introduced evidence tending to prove that, between nine and ten o'clock in the evening of the day named in the indictment, a horse and buggy were driven up to the house of Sarah P. Farnham, in Peabody, and were turned round in the yard, and stopped opposite an open shed, the buggy being twenty-nine feet from the door of the kitchen of the house when stopped.The noise of the carriage attracted the attention of Mrs. Farnham, her husband, and of their servant one Bohan.The servant testified that, while the horse and buggy were stopped as above stated, she saw a man come from the direction of the shed and get into the buggy, and that he soon drove off.Mrs. Farnham, her husband, and Bohan all testified that, after the man left, they went into the shed with a light, and found there a cartridge of Atlas powder, a fuse, and a bottle of kerosene.

Mrs Farnham, among other witnesses who testified to the identity of the man with the defendant, testified that she had known the defendant by sight, but had never heard him speak before said February 6; that on that day, about noon, the defendant drove into the yard in a sleigh, with another man, and stopped near the door of the house; that neither of them got out of the sleigh; that she went to the door, and the defendant said, "Does Mr. Farnham live here?" and she replied, "Yes, but is not at home;" that then he said, "Well, he lives here, don't he?" and then he drove away; that that was all she ever heard...