This closed the case for the Government. The defence offered no evidence, as this was a case where only probable cause for suspicion was to be shown, and it was then to go to a higher court. Mr. Conwell, counsel for the defendants, did not indicate what line the defence would take.
Counsel for the Government submitted no argument, but called the attention of the court to the chain of circumstances which had been brought out by the evidence, and which he believed was strong enough to justify holding the defendants.
Judge May remarked that the case was a very anomalous one, but that there was, in his opinion, sufficient evidence to show that the parties should be held to appear before the Superior Court. He therefore fixed the amount of bail at three thousand dollars each for the appearance of the defendants at the December term of the Superior Court.
The case was called in the Superior Court in December, 1878, and an indictment was found on two counts.[1]
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 said indictment read to them, they severally said thereof that they were not guilty.
- ↑
The first read: "That Edward J. Arens and Asa G. Eddy of Boston aforesaid, on the 28th day of July in the year of our Lord, one thousand eight hundred and seventy-eight, 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 L. Sargent, for a certain sum of money, to wit, the sum of five hundred dollars, to be paid to said Sargent by them, said Arens and Eddy, feloniously, wilfully, and of his, said Sargent'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 Sargent "with force and arms in and upon one, Daniel H. Spofford, to beat, bruise, wound, and evil treat, against the law, peace, and dignity of said Commonwealth."
