BOTH HELD

Trefethen and Smith in Malden Court.

Jury to Pass Upon the Case.

Smith’s Alibi Fails to Free Him.

Tena’s Mother Tells Her Sad Story.

Her Lost Daughter Left to Meet the Accused.

Mysterious Cry Heard on the Bridge.

Sound of Hoof-Beats Followed in Its Wake.

Return to James A. Trefethen web page

Malden, Feb. 2. —James A. Trefethen, charged with the murder of Deltena J. Davis of Everett, and William H. Smith, his brother-in-law, charged with being an accessory to the crime, were today held by Judge Pettengill of the District Court, to await the action of the grand jury.
Trefethen was held without bail and Smith in the sum of $10,000.
The hearing lasted all day and was attended by as many curious spectators as the little courtroom would hold.
Both prisoners looked cheerful throughout the hearing, and watched the proceedings with the closest attention.
Smith appeared somewhat nervous when so positively identified by Officer Tufts as the man seen standing by a buggy near the corner of Ferry st. and Broadway on the evening of Tena’s disappearance, but soon recovered his usual manner.
Both heard the final decision calmly.
The government did not present all the evidence in possession of its officers but some of it, notably the testimony just spoken of, was a surprise to the defence.
Hon. Marcellus Coggan, counsel for the defence, attempted no defence in the way of evidence for Trefethen, reserving that for the trial, should one come, but on Smith’s behalf he introduced testimony to show the alibi already outlined in THE GLOBE—that Smith was with his family on the evening and night of the 23d.
The hearing was opened at 9.30 o’clock.
Witnesses for both the prosecution and the defence occupied
Seats Within the Bar. The mothers of both defendants, Smith’s wife and Miss Rose Lindsay, Trefethen’s affianced, were among those for the defence.
Among the government witnesses were the officers who have been engaged in the case; Mrs. Mary J. Davis, Tena’s mother; Prof. Edward S. Woods of Harvard, Medical Examiner Thomas M. Durrell of Somerville and Frank Fitzpatrick of the same city, the young stableman, whose testimony as to hearing a woman’s cry on the Wellington bridge the evening of Dec. 23 was published exclusively in THE GLOBE a few days after the finding of the body.
Fitzpatrick’s evidence, by the way, as THE GLOBE has always said, is the only testimony possessed by the government as to what happened on the bridge that night.
District Attorney Cooney, conducting the case for the government, called Prof. Wood as the first witness.
His testimony was brief, having but one important declaration regarding the length of the time the last food consumed by the deceased had been in the stomach at the time of death. He said:
"I made an analysis of the stomach of the Davis girl, but have not yet completed the work. The contents showed that the lady died during the process of the digestion of the food, and I should say that death ensued about three hours after food had been eaten; the stomach was in a healthy condition, and there were no traces of poison in it."
Mary J. Davis, mother of the dead girl, was next called to the stand.
"Deltena Davis, my daughter, ate her supper about 5 o’clock on the night of Dec. 23, and left home at 7 o’clock; heard her say she was going to the corner
To Meet Trefethen; never saw her after that.
"I sent from Bert Trefethen on the 24^th, the day after Tena disappeared; asked him where Tena was; he said he didn’t know.
"I told him that he was lying to me, and that he had carried my daughter away.
"I began to cry, and asked him again to tell me where Tena was. He told me she would be found.
"My daughter was in trouble, and she told me that Trefethen was the cause of it. She said that he offered to send her to some institution where she could stay.
"Tena asked him to marry her, and he said that he couldn’t; she told him he could unless he was already a married man, and he replied that that was about the size of it. Trefethen called at the house about once a week; knew of my daughter’s condition about 10 weeks before she went away.
"I loaned Trefethen $400, and he gave me security on the goods in his store, and afterwards gave me two notes as security; never heard Trefethen say that he had received a letter from Tena.
Witness continued: "I told Trefethen what my daughter told me, and he denied meeting or seeing my daughter the night before she went away."
A ring was produced, which witness testified belonged to Tena. Tena told her that Trefethen gave it to her in 1890.
When cross-examined by Mr. Coggan witness said:
"I came to Massachusetts 10 years ago; my husband died before I came here; I have two children living, five have died.
"My daughter left all of her effects at home when she went away.
"I found no letters from Trefethen in her trunk.
"Trefethen presented Tena with a bouquet after returning from a ride one day. I don’t know of any other present he ever gave her
Except the Engagement Ring. "I did not find any of Trefethen’s pictures in Tena’s room: I never spoke to Trefethen about marrying Tena. Trefethen used to come to the house and stay two or three hours, and they sometimes played checkers.
"Trefethen has stayed with my daughter as late as 11 at night at the Charlestown store.
"Trefethen appeared cheerful when he came to see me the day after Tena disappeared."
Dr. Durrell testified: "I delivered the stomach to Dr. Wood. My examinations showed that there was congestion of the brain. There was frothy mucus in the bronchial tubes. The child was between five and six months old.
"I have no doubt that the body was alive when it went into the water, and that death was caused by drowning.
"The woman was short and would not weight more than 90 pounds. She was heavily dressed. I think the plush sacque was heavy enough to hold the body under the water. The organs were in a healthy condition and there were no marks of violence."
Mrs. Davis resumed:
"It was dark at 7o’clock on the night Tena went away, Dec. 23: I heard her say she was going to meet Trefethen, but didn’t hear her say where she was going afterward.
’Trefethen cried when I sent for him the day after Tena disappeared. He asked me what he should do.
"I charged him with being the cause of Tena’s trouble. He left my house about 11 o’clock on the forenoon of the 24^th.
"It was I who suggested that the police be notified, and not Trefethen; the officers came to my house that same afternoon."
At this point in the case
Mrs. Davis Fainted. Judge Pettengill became excited and took occasion in a rather severe manner to tell two juvenile witnesses sitting near Mrs. Davis that they were idiotic to sit still when they ought to be moving around and offering their assistance to the old lady. He concluded his address by "firing" the boys out of the bar enclosure.
At this point it was advised that Mrs. Davis’ cross-examination be discontinued.
She therewith left the stand and Frank H. Fitzpatrick was called.
He said: "On the evening of Dec. 23, between the hours of 7.30 and 8.15. I was walking up Mount Vernon av. from Mystic av. on my way from my house to Mr. Beals’ residence on Broadway, Somerville, where I am employed. I fix the date positively by the fact that I had a horse shod the same afternoon. The evening was thick, and it was raining a little.
"I suddenly heard a loud, shrill cry that was evidently uttered by a woman. I stopped and listened, and a moment later I heard coming from the direction of the Middlesex av. drawbridge the sound of hoof beats. It sounded like a horse running and at times trotting on the bridge.
Thomas Lahey, the draw-tender, was next called. He said on the morning of Dec.26 he discovered
Tracks of a Team on the Wellington end of the bridge in the pedestrians’ walk between the timber guard of the carriage way of the bridge and the railing. He saw a part of the tracks that day only. He said the body was found on the east side of the bridge, about 100 feet from marsh land on the northern shore of the Mystic.
He said the tracks of the team were likewise on the northern shore. The wheel tracks looked as if made by a buggy.
"The place where the wheels rubbed against the timber guard is still to be seen. The width of the footwalk is six feet three inches.
"I cannot give any estimate of the width of the tire as indicated by the track.
"It is a fact that the wheel tracks at the point where the vehicle returned to the carriage way were not such as are usually made by a buggy. They were as if made by wheels which turned under the body of a vehicle.
"I was present when the body was recovered. My boat was above the bridge and we rowed down to the deep channel on the other side. The corpse lay in the mud about 30 feet from the channel. It was then low water, the tide being just about at the turn.
We pushed the boat up on the mud until we reached the body. We tied a rope to the foot and then waited for the tide to rise.
"I held the line but did not see the body come to the surface as we pulled back. I aided in the removal of the body to land. That was the last I saw of the remains.
"At this point the upward flow of the tide is strong."e;
Alfred O. Tufts, the Everett police officer, then testified:
"I was on the corner of Ferry st. and Broadway on the evening of Dec. 23. I saw a bay horse and a box buggy standing at the side of the road. The buggy had the side curtains on."
The witness then proceeded to give some very
Remarkable Information. He said the presence of the team then inspired him with the belief of mystery. The man beside it had his coat collar turned up. He looked suspicious. The man he was positive he could recognize, so clear was the view of his face that he obtained from across the street. The man was the prisoner Smith.
The officer said he then looked further and saw something that looked like the skirts of a woman’s dress sticking out of the side of the vehicle. He was not certain it was a lady’s skirt. It might have been a lap robe. Witness said he arrived where he saw Smith, about 7.35 o’clock.
His testimony caused a sensation in court.
Mr. Coggan began a vigorous cross-examination. The witness said he had been in the police business nine months. He said he had been on that beat less than a week.
He said the only other reason he could give for suspecting the team of crookedness was the fact that the team stood opposite a barn.
Witness said he did not speak to the man he called Smith.
He passed along over Broadway, and there remained about three minutes. Witness said he did not take any further notice of the team or the man, because it was early in the evening and he got over his suspicion.
Proceeding a few rods on his beat, the officer said he turned around and saw that the team was gone.
Witness said he did not see any other person around that corner. He said the night was foggy. He did not actually see any one in the buggy. He said when he saw the dress or robe or skirt or whatever the article might be—and it was cloth—he was 60 feet away, the night was foggy and the electric light was equally distant.
Witness said he could not fix the date of this affair positively as the 23d, a fact he asserted in his direct examination.
He thought it was, however, because the night of meeting Smith he left the station-house at 7 o’clock without his rubber coat or boots and while he was approaching Smith he noticed that the electric light shone on his police buttons.
Another incident by which he fixed the time was the fact that Officer Turner got his feet wet the same night. Officers also told him the night was the 23d. He would not swear it, however.
Adjournment was made from 1 until 2 o’clock.
AFTERNOON SESSION. Smith’s Alibi Put In—Both Prisoners Held for Grand Jury. At the opening of the afternoon session Mrs. Davis was recalled by Mr. Coggan for further cross-examination.
She testified briefly as to the notes given by Trefethen for money loaned.
District Attorney Cooney showed her various specimens of Tena’s handwriting, which she identified. She could not positively identify Trefethen’s handwriting.
Officer Benjamin E. Morris of the Everett police force testified that between 2 and 2.15 on the morning of the 24^th of December he was standing on the corner of Nich-

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The Boston Globe February 3, 1892 part 1