But if Goodridge were really robbed, is there satisfactory evidence that
the defendants had a hand in the commission of this offence? The evidence
relied on is the finding of the money in their house. It appears that
these defendants lived together, and, with a sister, constituted one
family. Their father lived in another part of the same house, and with his
wife constituted another and distinct family. In this house, some six
weeks after the robbery, the prosecutor made a search; and the result has
been stated by the witnesses. Now, if the money had been passed or used by
the defendants it might have been conclusive. If found about their
persons, it might have been very strong proof. But, under the
circumstances of this case, the mere finding of money in their house, and
that only in places where the prosecutor had previously been, is no
evidence at all. With respect to the gold pieces, it is certainly true
that they were found in Goodridge's track. They were found only where he
had been, and might have put them.

When the sheriff was in the house and Goodridge in the cellar, gold was
found in the cellar. When the sheriff was up stairs and Goodridge in the
rooms below, the sheriff was called down to look for money where Goodridge
directed, and there money was found. As to the bank-note, the evidence is
not quite so clear. Mr. Leavitt says he found a note in a drawer in a room
in which none of the party had before been; that he thought it an
uncurrent or counterfeit note, and not a part of Goodridge's money, and
left it where he found it, without further notice. An hour or two
afterward, Upton perceived a note in the same drawer, Goodridge being then
with or near him, and called to Leavitt. Leavitt told him that he had
discovered that note before, but that it could not be Goodridge's. It was
then examined. Leavitt says he looked at it, and saw writing on the back
of it. Upton says he looked at it, and saw writing on the back of it. He
says also that it was shown to Goodridge, who examined it in the same way