Return to James A. Trefethen web page
TENA’S LEAP.
Continued from the First Page.
live on Baker st. Malden, and am a sister of William H. Smith, who was tried at the last trial for this charge.
“Dec 23, 1891, I went to Boston in the afternoon, called at my brother’s place in Boston, and returned to Faulkner on the 4.50 train.
I am a singer, and on that evening was about to attend the People’s church. I left home at 6.20, and took the 6.31 train from the Faulkner station.
“My brother had returned before I left, tial post and rail fence of iron should be erected about a part of the plateau, 20x100 and was engaged in dressing a turkey which he had brought with him.”
Cross!examined [sic] by Atty Gen Pillsbury—“My brother was tried with Trefethen at the former trial. I did not see my brother after I left home at 6.20 that evening.
“My brother was engaged in running a boiler in Boston, on Bosworth pl. I have never known my brother to be engaged in any other business.
“I saw my brother the beginning of last week, but do not think he was here during the trial of this case. He lives in Chelsea at present. I have seen him quite frequently since the last trial.”
Clara M. Smith, a sister of the last witness, testified that she was sick and confined to the house the day of Dec 23.
“Mrs. French was in to see me.
“My brother came home about 5.20 and brought two turkeys, one for my mother and one for himself. He also had some meat. He dressed his own turkey, and then took the other turkey and some meat to my mother.”
Cross examined by Atty Gen Pillsbury; “I had no occasion to remember
When He Left the House,
or what had taken place, until my brother was arrested Jan 10. I testified at the former trial.
“I did not know that my brother was said to have been out on the corner of Ferry and Everett sts. on the night of Dec 23 with Trefethen’s buggy until the hearing in the Malden court, which I think was early in February. I have the ticket which I was to have used that night.”
Helen E. French testified: “I live at 32 Seaview av, Malden. I remember Dec 23. About 5.30 I went into the house of Mrs Smith and remained until nearly 6 o’clock. I saw Miss Clara smith, mother Smith and William H. Smith there. Mr Smith was dressing a turkey.
“I was invited to attend the concert to which Miss Smith was going, and she offered me her ticket, but I was not able to use it, as my mother had come to visit me and remain over Christmas.”
Cross examined: “My attention was called to the matter by reading the evidence given in the lower court. I was not asked particularly about my visit to the Smith house on that night until Saturday before the last trial. I had never met Mr Smith until that night.”
Joseph A. Trefethen, brother of the prisoner, was the next witness. He testified:
“I was living in December, 1891, with my sister, Mrs. Smith, in Maplewood, where I had been since June 15, 1891.
“The night of the 23d my brother-in-law, William H. Smith, came home about 7.40, and brought several parcels with him.
“Soon after Mrs Smith and myself left on our way to my brother’s house in Everett.”
Witness described the route by which he and Mrs Smith reached his brother’s house in Everett, where they arrived at 8.50.
“My brother, James A. Trefethen, was not in when we arrived, but
He Returned
about three-quarters of an hour later. We left in time to catch the 11.10 car from Malden, at the corner of Nichols and Ferry sts.
“My sister, Mrs. Smith, her children and myself went to live at my mother’s house after the arrest of my brother and Mr. Smith.
“My brother Gilbert is farming down in Marshfield, living in a small house in the woods.
“I was down there this summer. Officer Whitney was down there and talked with him.”
Cross examined by Atty Gen Pillsbury—How long did you say you lived at Mr Smith’s house before Dec 23? A. Since June 15.
Q. Do you remember having stated at the previous trial that you had lived at Smith’s house only two months and a half before that time? A. I believe I did.
Q. What time were you correct? A. I am correct now.
Q. Did you make any other mistakes in your evidence then or now? A. No, sir, that is the only one.
In further cross-examination the witness said that Gilbert Trefethen had come into the store on the night of Dec 23, about 9.20.
“That was the first time I had seen him there in two years, although he had been at Mr Smith’s house for about a week before that.”
Mary A. Worcester testified: “I live on Irving st. Everett. On the night of Dec 23 I was in Trefethen’s store from after supper until about 8.30. I saw Mr Trefethen there and a Mrs Wallis there.
“I saw James A Trefethen there between 7.15 and 7.30. He came in and went right out again. I remember the night because I wanted a box to send a Christmas present in and I knew I had only one more day in which to get it.”
Cross-examined by Atty Gen Pillsbury: “George Nichols came in some time after I did to the store. It was more than 10 minutes after I went in.
“It was soon after I went in that
Mr Trefethen Came In
and went out. I can only fix the time I went there from the fact that we usually have supper at a certain hour.
“I have often stayed in the Trefethen store for an hour, not trading, but on a friendly call.
“I saw Mr and Mrs Lewis in the store, but I did not see Mrs Beck.
“I cannot remember when it was that my attention was first called to the occurrences of the night of Dec 23, but I think it was before the hearing in the lower court.”
Atty Gen Pillsbury read from the evidence given by the witness at the former trial, in which she stated that she could not tell whether it was a day, a week, a month or several months after the occurrence that her attention was first called to the matter by Mrs Trefethen.
Walter L. Stevens, civil engineer, Melrose, was the next witness.
He testified that the distance from the house of Mrs Smith to the William H. Smith house is 4233 feet, from Trefethen’s house to the corner of Ferry st and Broadway is 3948 feet.
“From the corner of Broadway and Ferry sts to the Smith house on Baker st is 1.69 miles. From Trefethen’s store to the corner of Ferry st and Broadway is 394 feet.
“Broadway is 38 feet wide between the curbs at the corner of Ferry st, and 64 between the fences. It is 93 feet from the southwest to the northeast corner at the junction of the two streets.
“It is about four miles from there to the Wellington bridge by one route, about three and one-half miles by another, and about three and one-tenth miles by a third.”
Cross-examined by Atty Gen Pillsbury: “The shortest route from the corner of Ferry st and Broadway to the Wellington bridge that I know of is 3 1-10 miles.
“The shortest route to Smith’s house from the corner of Ferry st and Broadway by the streets is something over three miles.”
“A buggy standing on the side of the street near the Murphy barn at the corner of Ferry st and Broadway would be within six or seven feet of the car track, and a person having crossed the car track would be within three or four feet of a carriage standing at that point.
Questioned by Mr Cooney – By direct air line from Ferry st to the Smith house on Tyler st is 1 6-10 miles, and to the Smith house on Baker st 1 2-10 miles. Part of the distance is
Swampy Land,
which could not very well be traveled on foot.
Simeon Colby, letter-carrier of Everett, stated that in December, 1891, his route included Nichols st. He usually got around there on the first delivery about 10.30, either 15 minutes before or after.
To Atty Gen Pillsbury—A letter coming from Boston on the 7 o’clock mail would be delivered on the first delivery.
Mrs Hattie C. Beck testified: “I lived in Mr Trefethen’s house over the store in December, 1891. The night of Dec 23 I was in the Trefethen store twice, the first time about 7.10. and later about 10.10. when I went down to the store for something.
“He came in out of the back room in his shirt sleeves. I remained there only a few minutes, and he was there when I left.”
Alexander Lindsay testified: “I lived on Dorchester av, Dec 23, 1891. I remember that afternoon that James A Trefethen was at the house. My sister, Rose Lindsay, was not at home when he called, and had not come back when he left.
“I was in the sitting room with him for about half an hour. When the clock on the mantelpiece struck the half hour, he and I compared watches, and we found that our watches were about the same, while the clock was a few minutes fast.
“I was going to the armory to drill that night. He left 10 or 15 minutes after we compared the watches.
Trefethen Was Engaged
to my sister for about eight years before that time.
Cross-examined by Atty Gen Pillsbury—Your sister expected soon to be married? A. She never set a day for it that I know.
Q. Trefethen built a house about that time? A. About that time.
Q. What time were you talking about? A. The time they were engaged, which was a considerable time before.
Atty Gen Pillsbury—If they were engaged eight years I should say it was.
In further cross-examination the witness stated that Trefethen had built a new house in 1891.
A recess was taken till 2 o’clock.
As Trefethen was being brought into court a few minutes before 2 o’clock, he was met at the head of the stairway leading from the street by Mrs. Lindsay, mother of Rose, and her son Alexander, who testified for Trefethen this afternoon, and greeted with marked cordiality.
Both shook him warmly by the hand as he was rushed hurriedly by, while the chain which encircled his left hand was grasped by Capt Fiske.
Passing along the corridor he was given another handshake by a young girl, said to be another member of the Lindsay family.
Alexander Lindsay
resumed the stand, and in reply to Atty Gen Pillsbury stated that it would be possible to come on by train over the Old Colony railroad from near his house in Dorchester in about eight or 10 minutes.
Mr Pillsbury read from the witness’ testimony at the former trial, in which he stated that Trefethen had left his house in about 8 or 10 minutes after they had compared watches.
“By horse cars at that time it would take half an hour to get to the corner of Franklin st, and 40 or 45 minutes to get to Everett.”
Mrs Lucy J. Smith, wife of William H. Smith, and sister of Trefethen, then took the stand.
She was neatly attired in a blue dress, with a cape of dark garnet material and a small black bonnet trimmed with red.
She testified: “I am the wife of William H. Smith, and the sister of James A. Trefethen. I reside in Chelsea. My two children are now 2 and 4 years old.”
The witness then described the route by which she and her brother Joseph, who, she said, accompanied her, had got to her mother’s house in Everett that night, stating that she left home soon after 8 o’clock.
“I reached my mother’s house about 10 minutes before 9. My brother was not at home, but he came in about 9.35 and remained there until we left for home in time to catch the 11.15 car at the head of Nichols st.
“When we got home, after 12 o’clock, my husband was there taking care of the children. I was in the store when my brother came in that night. I heard the team drive in.”
The Boston Globe – 25 Sept 1893 – Monday – Page 5