28th day of July, in the year of our Lord one thousand eight hundred and seventy-eight, in Boston aforesaid, with force and arms, being persons of evil minds and dispositions, did then and there unlawfully conspire, combine, and agree together feloniously, wilfully, and of their malice aforethought, to procure, hire, incite and solicit one James I. Sargeant, for a certain sum of money, to wit, the sum of five hundred dollars, to be paid to said Sargeant by them, said Arens and Eddy, feloniously, wilfully, and of his said Sargeant’s malice aforethought, in some way and manner and by some means, instruments and weapons, to said jurors unknown, one Daniel H. Spofford to kill and murder against the law, peace and dignity of said Commonwealth.”
The second count charged the prisoners with hiring Sargeant “with force and arms in and upon one Daniel H. Spofford to beat, bruise, wound, and evil treat against the law, peace, dignity of said Commonwealth.”
The Superior Court record reads: “This indictment was found and returned into Court by the grand jurors at the last December term when the said Arens and Eddy were severally set at the bar, and having the said indictment read to them, they severally said thereof that they were not guilty. This indictment was thence continued to the present January term, and now the District Attorney, Oliver Stevens, Esquire, says he will prosecute this indictment no further, on payment of costs, which are thereupon paid. And the said Arens and Eddy are thereupon discharged, January 31, 1879.”
