BOTH HELD.
Continued from the First Page.
ols and Ferry sts, and saw a buggy come by him from the direction of Everett springs and turn into Nichols st, in the direction in which Trefethen lived.
The morning was dark and foggy, and witness could not identify the horse and buggy other than to say that the horse was a dark one and the buggy a side-bar.
Trefethen’s buggy corresponded with the one seen by witness.
There was a man in the buggy, but witness
Could Not Identify Him.
Sergt. Thomas J. Hewitt of the Everett police testified to identifying the body recovered at the Wellington bridge as that of Tena Davis. He also testified to familiarity with Trefethen’s handwriting from examining it carefully. To the best of his judgment the letter received by Mrs. Davis, purporting to come from her daughter, was in Trefethen’s handwriting.
Officer Tufts was recalled by Mr. Coggan and described the overcoat worn by Smith on the night he saw him in the buggy, as a dark blue one with velvet collar.
Smith was asked to stand up and put on his overcoat.
He did so, and the witness identified the coat as the one he saw on him that night.
Deputy Chief of Police Daniel W. Sullivan of Malden testified to finding a blonde hair on the cushion of Trefethen’s buggy the day before the body was found. The buggy also bore marks of recent cleaning.
Testifying as to statements made by Smith on the same evening, witness said that Smith told of finding a picture of Tena in Trefethen’s possession, and of going down cellar and digging under the boards, hoping he wouldn’t find
What He expected.
"I asked him what he expected to find," said the witness, "and he said he thought Bert might have murdered the girl and buried her in the cellar."
Chief of Police Samuel M. Emerton of Everett testified that Trefethen reported the girl’s disappearance to him,and also said he was accused by the mother.
Trefethen denied knowing anything about the girl’s disappearance, and also that his relations with her were anything but business ones.
"On the night Trefethen was arrested and examined at the station," witness continued, "Officer Whitney suddenly exclaimed: ’We have found Tena Davis.’ He did not say the body had been found.
"Trefethen exclaimed, excitedly, "My God! Is that so? I did’nt (sic) think she would commit suicide.’"
On cross-examination witness said that Trefethen was much excited when he reported the girl’s disappearance, and also appeared anxious to find her.
The hair found in the buggy corresponded in color to that cut from Tena’s head.
Officer J.H.Whitney of the State police corroborated Chief Emerton’s testimony as to Trefethen’s words in the police station the night
He Was Arrested.
"This is the government’s case,"said the district attorney, as Mr. Coggan finished a brief cross-questioning of the witness.
"I shall put in no testimony in regard to Trefethen," said Mr. Coggan. He then called half a dozen witnesses to testify for Smith, and they were duly sworn.
Joseph Trefethen, brother to James A., was first called, and testified that on Dec. 23 he left the store where he was employed in Boston at 6 o’clock in the evening, and got to his home in Maplewood about 7 o’clock.
He was then living with Mrs. Smith, his sister.
He stayed in the house until about8 o’clock, and then went to his mother’s, on Nichols st., with his sister.
When they left home they left Mr. Smith in care of the children. Mr. Smith got home that night just before 8 o’clock. He did not eat supper at home.
"We got to mother’s about 9 o’clock. My brother was not there. We left about 11, and got home before 12. We found Mr. Smith at home. The youngest child was then about 3 months old."
Asked to fix the date as the 23d, witness did so by the purchase of a whip as a
Present for His Brother.
Mrs. Lucy Smith, wife of William H., corroborated the testimony of her brother as to their movements on the evening of the 23d. In addition she said:
"When Joe and I got home that night the children were both asleep, and my husband said: ’I have been walking the floor half the evening with the baby. If you want me to take care of him again, you must leave something to keep him quiet.’"
Miss Clara M. Smith, sister of William H., testified that her brother came to her home in Maplewood about 5.30 on the evening of Dec. 23, and remained there until after 7.30.
She could fix the date by a concert to which she had tickets and did not go. Her brother was busy fixing a turkey for them, and also had supper there.
Mrs. Deborah Smith, mother of William H., corroborated her daughter’s testimony as to her son’s whereabouts in the early
Evening of Dec. 23.
Mrs. Hattie G. Beck, occupying a tenement in the Trefethen house on Nichols st., testified to seeing Mrs. Smith in Trefethen’s store on the evening of Dec. 23.
George F. Nichols, who lives close to Trefethen’s, testified that he was in the store on the night of the 23d, and saw Mrs. Smith and Joe Trefethen there.
This closed Mr. Coggan’s presentation of evidence.
’I do not think," he said to the court, "that upon the evidence presented by the government Mr. Smith ought to be held. It does not seem to me that probable cause has been shown."
Mr. Coggan then argued briefly in support of his position and was followed by the district attorney in an equally brief summing up of the government’s case.
Judge Pettengill said he had no doubt as to probable cause having been shown in Trefethen’s case.
As to whether or not probable cause had been shown against Smith on the charge of being accessory before the fact he did not need to say. There was, however, clearly evidence sufficient for the jury to pass upon as to his being accessory after the fact.
He then ordered both prisoners held, as previously stated.
Smith failed to furnish bail and both were returned to the East Cambridge jail.
The case will come before the grand jury next week.
Officers of the prosecution seem confident of securing an indictment, but may change the charge against Smith from accessory before to accessory after the fact.
BOTH HELD — The Boston Globe — February 3 1892 — page 2