Commonwealth v. Trider

• Decision Date: 04 January 1887
• Parties: COMMONWEALTH v. TRIDER and another.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

143 Mass. 180
9 N.E. 510

COMMONWEALTH
v.
TRIDER and another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 1887.

This was an indictment for adultery. At the trial in the superior court, before HAMMOND, J., the government called as a witness Asahel A. Smith, who testified, in chief only, that he was the husband of the female defendant, which was admitted by defendants. On cross-examination, he testified that he had instituted the prosecution, and employed persons to watch his wife; that on one occasion he heard the defendant Trider in his wife's room at an early hour in the morning. The government also called as a witness Nellie Colgan, who gave material testimony tending to show the guilt of the defendants. On cross-examination she was asked if she had not lived in the house of one Mrs. N. She said she had. The defendants' counsel then asked her if said house was not a house of ill fame, to which she replied that she did not see what that had to do with the case. The defendants' counsel asked for a direct answer to the question. The government attorney objected, and the court declined to compel the witness to answer the question, stating that the witness was not bound to criminate herself. The witness had not given that as a reason for not answering. Defendants called as a witness one Ella Williams, who testified that she had lived in the family of said Asahel A. Smith, the witness called by the government, for about one year, and left his employment in October, 1885, about one year before the prosecution. Defendants' counsel asked her if she had not, during the time she was in his employment been offered money by said Asahel A. Smith, if she (Williams) would watch the defendant, Mary Smith, and tell him what she knew about his wife's actions. The government attorney objected, and the court excluded the question. She was also asked by the defense if said Asahel A. Smith had not, during the time she lived in his family, accused his wife of being locked up in a bed-room with the defendant Trider when such was not the case. The government attorney objected, and the...