His air was not as indifferent as it appeared to be on the opening day.
Smith looked with a confident smile at the government witnesses, while the manacles on his hands were being unlocked, and then quietly took his seat beside his fellow-prisoner, with whom he at once entered into a subdued conversation.
Smith's eyes glow like a meteor, and, in contrast with his coal-black hair and mustache, give him a somewhat striking appearance.
Clerk Hurd called the names of the jury, immediately after Judges Mason, Blodgett, and Hammond had taken their seats, and then a conversation took place between the judges and counsel, as a result of which all the witnesses on both sides were ordered to retire and to remain out of court till needed.
Charles J. Mills, civil engineer, continued his testimony as follows: “From Trefethen's house to the Davis house is 71-100ths of a mile, or almost half a mile.
It is 259 feet from Davis' house to the corner of Ferry st. and Broadway, and three miles from there to the Wellington bridge. The distance from the Davis' house round by the Wellington bridge and back to Trefethen's house in Charlestown is about 5 82-100 miles.
“The distance from the end of the Wellington bridge to the place
Where the Mark Was
on the bridge was about 366 feet, and from that to the centre of the draw was about 86 feet. It is 1474 feet from the bridge to where the hat was found, along the shore, or about 700 in a direct line.
“From Fitzpatrick's home to the bridge is about 3047 feet.
“I have observed the current of the river near the bridge, and know that everything has a tendency to go towards the north shore, on the Wellington side of the bridge. Some of the things we threw over, such as planks, and other weighted bodies, got in to the shore within 300 feet of the bridge. The under current seemed to be slower than the surface current, so that light articles reached the shore quicker than heavy ones. With a flood tide the tendency was, of course, up stream, but with an ebb tide it was down stream.”
Cross-examined by ex-Gov. Long: “The distance from Davis' to Wellington bridge is about three miles by the way I remember it. There is a difference of about three-quarters of a mile by going up by the police station.
“I cannot tell the distance from the Everett police station to the corner of Ferry st. and Broadway, but measuring it on the map I think it would be about half a mile. It is about 1800 feet to the corner of Hancock st., and about 2700 feet to Belmont st.
“From the corner of Medford st.
and Middlesex av. to the bridge is about a mile and a quarter.
“I made the experiments with the current on April 4, April 10 and April 24. The tide was running in all the time on one occasion and about three hours on another. I tried it for nine hours on one occasion, for five on another occasion and for two hours on the third occasion. “When the tide is about half full the velocity is greatest, as the channel is then narrower and the water is not spread out.
“When the tide went down we found the bodies we had thrown in on the flats at the Medford side.”
“Did you throw in any body weighing about 100 pounds and rolled up in clothes, to see where it would strike when it got saturated?”
“No.”
You Never Threw in Any Body
and left it remain there three weeks to see what effect it would have on it?”
“No. We threw in a bag of hay and timed it, and it went towards the north shore. The width of the channel is 264 feet at low water at this point.
“There are eddies in the river there, so that when the tide runs up sometimes the current is down.”
Re-examined by Mr. Cooney — “The route I measured to the bridge is the easier of the two to go, for it saves climbing the hill, so that the time taken either way would be about the same.
“From the Wellington bridge to the nearest mail box on the return to Charlestown would be about one mile and a tenth. That is at the junction of Main and Mystic av., Charlestown.”
Mary J. Davis, mother of the dead girl, was the next witness. She looked pail and careworn, and spoke in a low voice. She was dressed in widow's weeds.
“After the customary formal preliminary questions she in substance, in answer to the inquiries of District Attorney Cooney, who conducted the direct examination, said:
“Tena, whose full name was Deltena J. Davis, was born in Bethel, Me., always lived there until our coming to Boston. Tena preceded me, and lived for a short time in Charlestown before she came to Boston.
“Tena had received $300 from her father's estate. This money she invested in the small store on Cambridge st. in the Charlestown district. Tena and I lived in rooms connected with the store. We tended to the patrons of the store conjointly.”
“Were there any relations between Trefethen and your daughter? Tell what they were and how long they lasted.” queried Lawyer Cooney.
“Be careful; tell only what you observed yourself-not what she told you,” cautioned Gov. Long.
Mrs. Davis continued: “Tena and I slept in the room up stairs in Winter, and in the summer in the back room in a bed lounge. I sometimes tended store with Tena, and I always slept with her. She did not require any one else to assist her while I was there. When I went home three times she employed somebody else. Mrs. Peck the first time, and a girl, Carrie Boss, Mary Saunderson, Hattie Johnson and Gertrude Smith on other occasions.”
“Do you know when and how she became acquainted with Trefethen?”
“Yes, she was introduced to him by Mrs. Haskell when we first came to Charlestown, as he used to supply her with goods.”
“How long did she continue to trade with him?”
“Down to the time of her death.”
“You visited Bethel three times?”
“Yes, the first time in May, ‘88, when I stayed two weeks and Mrs. Peak stayed with Tena. The next time was in August, '89, when I remained about six weeks. The last time was in the last of July, 1890, when I stayed till Sept. 3.”
“Will you commence and state whether there were any relations existing between your daughter and Trefethen that you observed during that time, and how long they continued and what they were, so far as you observed?
“It was in the spring of 1889 I first noticed that they were together. He used to come in and stay sometimes two or three hours at a time. Along in June I noticed that
He Took Her to Ride.
Sometimes they went into the sitting-room together, sat down and played the piano together.”
“How intimate did the relations between them become before you left the Charlestown store?”
“Well, about a year ago this time he came in there one evening, and stayed very late- I think till about 2 o'clock. They played checkers a number of times, and sometimes it would be about 11 o'clock when he would go away. They very often talked together in the store. Sometimes he came in the daytime, and sometimes in the evening about 8 o'clock. These visits were quite frequent, taking place every week.
“The frequency of the visits increased as time went on. He would generally be there on Tuesday evening, but not always.”
“Did he come more than once a week at any time?”
“Yes, he came a number of times when he delivered goods, but I don't think he stayed on those occasions.”
“Did you ever observe any presents he gave your daughter?”
“Yes, he gave her a very nice bouquet.”
“Mrs. Davis, state what you observed with reference to their relations to each other, their actions, appearance and conduct toward each other.”
“I noticed they talked a great deal with one another, and thought a great deal of one another. They were talking very frequently in the store and sitting-room. He played checkers with her in the sitting-room.”
“Did you observe anything in her conduct towards him?”
“Yes, she always seemed to be very much pleased when he came, and fixed herself up very nicely and neatly when she expected him, she always changed her dress when she knew he was coming.”
“Do you recollect whether she changed her dress when he took her out to ride?”
“Yes, she did. That was in June, 1889, she had a new bunting dress about that time, a tight dress, and she wore it.”
“Do you know whether she lent Trefethen any money while you were in the Charlestown store?”
“She Lent Him Over $300
.
She took it out of the savings bank somewhere in the spring of 1889.”
Do you know whether she had any security?”
“Yes, his note.”
“Do you know how it was repaid?”
“When we went to Everett he was to pay $200 of it to Mr. Clark, and $100 was to go into the store.”
“When you moved to Everett what were the relations between your daughter and Mr. Trefethen?”
“The relations continued about the same as they had been before, in business and other ways. He came oftener when we got over there, perhaps two or three times a week looking around the building. He stayed in the evening quite a number of times; one night he stayed after 11 o'clock. We had our building raised and he and Tena went out and looked round in the evening, and my nephew and his wife rode over while she was out. I went to the door and they asked where she was. I said she was out with Mr. Trefethen. I called her, but she did not answer. After some time they came in by the back door, and they went up to put up some window curtains up stairs, and they put up two in the bedroom next to the store. It was after 11 o'clock when that was done.”
“Were they upstairs alone?” “Yes.”
“Was there a bedroom there?” “Yes, there was.”
“Did you hear any conversation between them?” “No, I did not.”
“About when was that, Mrs. Davis?”
“That was the 13th of August.”
Q. After you came back from your last visit home did you notice a ring on Tena's finger? A. Yes, about two days after I came home I noticed an amethyst ring on this finger — the second finger of the left hand.”
Mr. Cooney — Now, Mrs. Davis, did you at any time learn of your daughter's condition, and if so, about when and how? A. I did about the middle of October.
Q. Prior to the time that he paid her the attentions you described, did you know your daughter received the attentions of any other gentleman? A. She never did.
Q. She was never waited up on by any other gentleman, whatever? A. No, sir, there was no other person in her company at all.
Q. What did you keep in the back room in that Everett store? A. There is a table and chairs and a lounge.
Q. Did you occupy the bedroom that led off the sitting room? A. Yes, sir.
Q. Was the door from the back room to the bedroom opened so that you could go through? A. Yes, sir. Nobody else occupied that lower part except my daughter.
Q. You say you learned in October of your daughter's condition? From who did you learn it? A. From her.
Q. Was your daughter absent from home about the first of December? A. Yes. She
Went to Walk with Trefethen
one evening.
Q. When did she get back? A. she did not come home until near 9 o'clock.
Q. Did you notice anything in her conduct after returning on that occasion? A. She was not feeling very well at that time and she was not looking very well.
Q. Did you observe anything in Mr. Trefethen's conduct after that with reference to visiting her? A. I don't know anything more than usual.
Q. Did he come as regularly as previously? A. No; he did not come so much. He did not come at all for about 10 days after that.
Q. Was there anything you observed about your daughter's conduct during those 10 days? A. Nothing very particular, only she wanted to see him very much.
Gov. Long objected, and the latter part of the question was struck out.
Q. Whether or not you recollect any time their going to ride together about that time, or before that time? A. Yes, they went to ride one time, I think, in September or August.
Q. How long were they gone? A. Only about an hour or two.
Q. He came again about 10 days after the walk? A. Yes, he came up Tuesday, and she gave him an order, and that afternoon she went to Charlestown and met him. At least she took the horse car to go there.
Q. What time did she go? A. She went at 3 in the afternoon and returned about 8. I supposed she returned by the horse car. That was the 22d December. He came again the next day in the morning some time. I saw him about 10 o'clock in the store, and he and Tena were talking. He appeared very social, and spoke pleasantly to me as I passed through the store. She, too, appeared very cheerful.
Q. She was feeling cheery, you say? A. Yes, she appeared very cheerful.
Q. And she was feeling unhappy during the 10 days previous. A. Yes but after this conversation he had with her on this morning of the 23d she appeared to be much more cheerful.
Q. In what way did she manifest it? A. She was full of smiles.
Q. How was she dressed when she left that night at 7 o'clock? A. She had on a magenta dress, long plush coat and wore a feather in her hat — in the side of it. She was very short, and the coat came down very near to the bottom of her dress-down a good ways.
Q. Did she say anything?
Question was
Objected to by Gov. Long,
who said:
“We claim that her death was as likely to be the result of suicide as any other thing. And we claim further that whatever occurred neither of these two defendants were concerned in it.”
Attorney General Pillsbury said the government would show that she died within an hour after leaving her mother's house, and therefore he thought the question was admissible.
After a consultation between counsel and the bench, the question was not pressed.
Q. Who was the first person you saw in the morning? A. I don't remember. There were a number came into the shop.
Q. Do you remember Mr. Brennan coming in? A. I did not know his name, but I knew him as the pickle lime man, for he supplied us. He came round about once in two weeks, and he came that morning about 8:45.
Q. Did you send a message by him to Mr. Trefethen? A. I did.
Q. And got a response? A. Yes, sir.
Q. What was it? A. That he would be up in a few minutes.
Q. Did he come? A. He did.
Q. Will you state all the conversation you had with him? A. This was Thursday morning, the day before Christmas. He came in with a bundle in his hands and said good morning to me, and laid the bundle on the counter. I asked him where Tena was, and he said he had not seen her. Said I, “Don't lie; she went out to meet you last night on the corner of Ferry st., and you carried her off.” He said he had not. Said I, “You have.”
Gov. Long — Did he deny it?
Witness — Yes.
Gov. Long — Then I ask to have it stricken out.
A long argument ensued on the point.
Mr. Long's objection to the admission of Mrs. Davis' accusation of Trefethen's responsibility for Tena's absence, which he at the time denied, was not sustained by the court, and the testimony proceeded. Mr. Long taking an exception to the ruling.
Mrs. Davis continued her testimony as follows: “I again told Trefethen he had carried Tena off. He said, in reply: ‘Mrs. Davis, how can you accuse me so?'” Mrs. Davis then said: “I told Trefethen that Tena had told me of her condition and I said I would believe my daughter.
“You have ruined me and my daughter, and yourself as well. Why did you do it?
“Then Trefethen cried and went into the back room, while I was waiting on customers, I went in to him afterwards. He said he would go to the police station for me, when I told him I was going to report the case.
“He said to me, ‘Don't tell my name to any one. Just say that Tena went away herself. After he was there a letter came for me. I did not look at it then. I did not think it was her handwriting on the envelope. When I read it I did not think the contents were written by her.
“I never told Mr. Trefethen that I received this letter. I did not keep the letter, as I gave it to Mr. Hewett, and he kept it for me. I next saw Mr. Trefethen the day following, Christmas day. He then said to me he thought she would be found. He asked me if I had heard anything and I said no. He thought she would be back before long. He also asked me if I had any doubts about her coming back, and I said I hoped she would.
“At the first interview we had after her disappearance I asked him about the walk in December. He denied that it was he. For four days following I saw him daily.
“On Friday, the day after Christmas, he came in and asked if Tena had been heard from, and said he was willing to do any thing for me. He never expressed any doubt about her being found. He never said that he had received a letter from Tena after her disappearance.
“On Saturday he came again, and brought Mr. Smith, whom he introduced to me as a detective. Mr. Smith wanted
One of Tena's Pictures,
and I gave him one. I told him the story about her disappearance. Smith told me to say nothing to any of the other officers as he knew pretty much all of the places in Boston.
“He insisted that I should say nothing to the other officers. I told him also about the December night's walk, and said Tena had gone to meet Trefethen, and that he had said to her that he would arrange for her confinement, and she could have her child put in a home.
“I told Smith all that in Trefethen's presence, and that Trefethen had replied to Tena that he was about the same as a married man, and could not marry her.”
At this point the witness identified Smith, the prisoner, as Smith the detective, to whom she had talked.
The witness then narrated the particulars of the following Tuesday's interview between Tena and Trefethen as she related it to Detective Smith. It was then that the young couple had walked to the Malden bridge, and Trefethen had said he was between two fires, and to which Tena replied that if he were he “ought to be burned.” During the time Mrs. Davis was giving this testimony the defendants were much affected, and stood within the dock with their hands to their ears trying to catch every word.
Mr. Smith, the witness said, asked her for all the particulars that she gave him. She did not tell him about her daughter's rides with Trefethen or the ring that he had given her.
This completed the direct examination, and then Mr. Long began the cross-examination.
Mrs. Davis said she had a son married at Bethel and had six other children. She admitted her son got into a love affair of which she and her husband disapproved.
She did not remember, however, that her husband ever had to use a stomach pump to withdraw arsenic from the young man, who had endeavored, it is said, to end his life.
Mrs. Davis admitted that the tradesmen with whom she and her daughter had done business were kind and considerate. She admitted that they stopped some time when they got their orders. She did not think they stopped as long as Trefethen. She did not think the pickle lime man or the candy man ever gave Lena (sic) any presents, as Trefethen, the fancy goods seller, had done.
“How many times did your daughter ride with Trefethen?”
“Twice; the first was in June, 1889, in the afternoon, between 1 and 2 o'clock. He had not brought his horse and team. She did not want to go to the house of the Veazeys in Malden on that day, though she went there when he carried her to ride. On the way back she left the team, and took the horse car home from Charlestown, while he continued on to Boston in the team.
“The only time, except that one, that he took Tena to ride was in September or August last.
“He never took her to theatres, or to parties, or to church, or anywhere that I know, and she never received a letter from him that I know of. He never took a meal in the house to my knowledge.
“One night he was there with Tena after I went to bed, about 9 o'clock. I don't know when he went away, and can't say whether she saw anybody else that night, except that she told me they played checkers.”
“You found him a man of good character, didn't you, up to the time of her disappearance?” “Yes, sir, as far as I knew.”
In re-direct she identified the letter she received after Tena's disappearance.
The writing was not Tena's. “Nothing like it, either.” she added.
Mrs. Davis left the stand at 3o'clock, after having been testifying since 10 o'clock in the morning.
Ernest F. Jehrbahn, photographer, testified that he had taken photographs of the locality in Everett and vicinity.
A.O. Tufts, police officer of Everett, testified: “I have been a police officer about one year, and previous to that was a real estate agent in West Everett. My beat is between Broadway and Belmont st., Hancock and Ferry sts. I went on duty about 7 o'clock in the evening, and remained on till 4 o'clock in the morning. About 7.40, as I was standing at the corner of Ferry st. and Broadway,
I Saw a Horse and Buggy
headed towards Malden, standing near the sidewalk. The sides were buttoned up, and a man was standing beside it. That man was the prisoner Smith. As I approached he turned around and looked the other way.
“The horse was standing on a side street, and the man was standing by the buggy. I passed by the man and the buggy. I went across the street, turned around and looked up the hill, and then my head was towards the buggy.
“I saw nobody get into the buggy. I saw some dress goods of a light color hanging out on the box. I know the horse was a dark one, like one I have seen in Trefethen's stable. I have not seen many buggies like the one I saw that night, but I have seen one like it in Trefethen's stable.
“I had only been on duty since the previous Sunday night, and I fix the night because I arrested a man named Peterson on a charge of drunkenness, and I also wore my rubber coat that night.”
Cross-examined by ex-Gov. Long: “I remember having said in the lower court that I could not tell absolutely whether the date was the 23d, though I knew of the overcoat, but did not remember it then.
“The man I saw had a derby hat, an overcoat below the knees, and a velvet collar to his coat. I did not speak to him. I walked right by him, and as I came by he looked me square in the face. He did not avoid me in any way.
“I next saw him in the chief's office. I could not tell the color of his necktie, or whether he wore rubbers or overshoes.
“I cannot see how it is possible I am mistaken in my identification of Smith, though I have been before.
“I said in the lower court that the goods I saw hanging out of the buggy may have been the robe, though it did not seem to be. It was the color that a magenta dress might be in the electric light. When I had gone about 40 feet up the hill I looked around and the buggy was gone.”
Matilda A. Dares was the next witness. She testified: “I am the wife of Richard Dares, a blacksmith living at 12 Bridge st., Everett. Before that I lived for five years at 9 Winter st. I have driven horses since I was 12 or 13 years old.
“I was out the Wednesday night before Christmas, going to the rehearsal at Everett Square church for the Christmas concert. I left my house about 7.25, and it is about one-quarter of a mile to the corner of Broadway and Ferry st. I got there about 7.35. I saw Tena Davis standing on the corner of Broadway and Ferry st. when I got there. I had known her about four years in Charlestown.
“I saw her on the night of the 23d standing on the corner at 7.35 o'clock. There was a large arc light on the corner. She wore a blue velvet or plush cloak and a hat wit ha yellow feather on the right side. I do not know what sort of a dress she had on, as the cloak covered the greater part of it.”
The plush cloak and blue hat with a yellow feather worn by Tena Davis on the night of her disappearance were shown to the witness, who said they were exactly similar to those worn by Tena on that night when she saw her on the street.
“A team came along and passed at the foot of Broadway when I was opposite West Medford st.,” witness continued. ‘When I got to the corner the team was standing still by a fence that is there.
She Turned Round and Looked
in each direction, both up the hill and up Ferry st.
“When I had gone a few steps up the hill I looked back and she was going from the sidewalk on to the street in the direction of the carriage.”
Q. How near the carriage was she when you last saw her?
A. About the centre of the street.
Q. Did you observe whether the carriage moved off?
A. When I got about 150 feet I looked back to the carriage and it was gone, and there was no girl there. I have since seen a carriage that looked like the one I saw that night, but I have not seen the horse since. I have seen a horse and carriage answering the description of that one standing before a store on Nichols st.
Q. Was it before Mr. Trefethen's store?
A. Yes, I believe to the best of my knowledge it was. I have seen it a number of times. I never saw Trefethen driving it. The horse was of light weight, I should say about 950 or 1000 pounds, a light brown or bay.
“When I was coming over Bridge st., ‘tis a little nearer Broadway than Plymouth, I saw the officer coming around the corner when I was coming up around the other way,” continued the witness. “There was a heavy mist falling at the time, and it was a very unpleasant night to be out.
“When I was in the Malden Court I saw the prisoners looking very sharply at me. I saw several times that they looked at me, and drew one another's attention to me.”
Cross-examined: “The day in the Malden court, Mrs. Reynolds wore glasses as well as I did. I saw the Davis girl about 10 days before this night. I was coming from Boston one day with a lady who had a large bundle, and we took the wrong car. We took the bundle into Mrs. Davis' house and left it there, and went for it two or three days after, and then saw that they were the parties I knew before in Charlestown. I stayed there about half an hour.”
Mrs. Hannah A. Campbell testified that she saw the prisoners looking very closely at the last witness in the Malden court.
John M. Kelly, police officer of Malden, testified: “I have lived 29 years in Malden, and for three years have been a police officer. I was on duty in Edgeworth Dec. 23, at the corner of Highland av. and Medford st., and my attention was attracted by talking, as though a lady and gentleman were quarrelling. I listened, and saw a buggy coming down the street. I stepped out on the street, and as they came along towards me he whipped up the horse.
I Watched Them
till they got down to Avon st., and their bodies were over the top of the buggy. I could not identify either of them. It was about 8 o'clock, and a misty night. I have seen a horse and buggy of Trefethen's, and to the best of my judgment the horse is the same I saw that night.”
The cross-examination elicited nothing material.
Frank H. Fitzpatrick testified: “I live on Mystic av., Somerville, and am a coachman for H. W. Beals. I recollect the 23d of December last because I had a horse clipped at Charley Day's in Medford, and had him shod at O'Brien's in Somerville.
“I went to supper about 7 o'clock and left the stable 15 minutes before. Between 7.30 and 8.15, I cannot tell the time exactly, I was going up Mt. Vernon av., beside my house. When I got about 150 yards above Mt. Vernon Av. I heard a scream like that of a woman. Soon after I heard hoofbeats on the bridge coming in the same direction, and after that I heard no more.
“It was a loud scream, as if a person was being forced to do something, and I heard it very distinctly. The horse seemed to be trotting one time and running another. It started after the screech.
“I th(word indistinct) the wind was west or southwest. That would be in the direction of the draw. I think it sounded from the easterly side of the draw, towards Medford, but am not sure.”
Cross examined: “I heard a girl scream once before, and on going to find out what was the matter I got no satisfaction for it.” (Laughter.)
Thomas Lahey, the draw-tender of the Wellington bridge, testified: “I took the body of Tena Davis out of the water on Sunday, Jan. 10. Mr. Fuller came out and told me he saw a rubber sticking out of the mud, and while he did not attach much importance to it, he thought I ought to go and see to it.
“I asked him to go with me, but he said he was afraid of the water.
“I got a boat and rowed down where he saw the rubber, and I found the body. It was lying face down, with the head facing the channel and the feet to the shore. I telephoned for the officers, and before they came the body was covered three feet with water and we had to tow it ashore. It would sink when we would cease rowing.
“On the morning of Dec. 25 I found a mark on the side table of the bridge next the street. It was cut nearly up to the draw from the entrance to the bridge. It seemed as if made by wheels, and then it looked as though the horse had been turned back in the direction of Malden.”
At 5 o'clock the court adjourned till 9 o'clock this morning.