The court’s decision was rendered on June 26. Judge Frost said he never had a case more difficult to decide, “or one to which he had given more careful attention, or anxious thought.” He said he had carefully considered the testimony and circumstances. “The law points regarding this were well established, and he must therefore discharge the prisoner, although the State’s counsel might wish to introduce new evidence or have it tried. The Solicitor showing no disposition to proceed further, the prisoner was discharged from custody.” End of case.

In hindsight, there are some interesting questions. It appears that the charges against Collins and Smith were misdemeanors, simple assault. Otherwise, the police court would not have had jurisdiction to issue a verdict. The reported testimony, however, would indicate something more serious. There is clearly a question as to when Smith began firing his revolver, and the individuals who were shot clearly posed no threat—the Priestly boy an innocent bystander, and the injured workman was some distance away and still in the trench. Smith may well have felt threatened, but the question is one of recklessness and timing, possibly who provoked whom, and that should have been one for a grand jury to review. Judge Frost’s role was more properly one of determining probable cause, given the facts, not guilt or innocence. It is also curious to note that there are no police witnesses during the course of the hearing, when one would expect someone from the Dover Police Department to testify as to the investigation and statements taken from parties directly involved. It would seem that Lorenzo Smith was given a pass.

The water works project will continue, although there will be some significant problems. Within days of all of the above, on June 28, there was a report that the supply of pipe on the north side had run out, and the work had to be transferred to Kirkland Street. In addition, it was found that additional blasting would be needed in the area of Park Street. Another report was that Dacey had made a trip to Boston, where he had completed the arrangements for the construction of the reservoir on Garrison Hill. A crew was to begin work on July 5, and he expected completion within four months. But as reported in “History of the Dover Water Works,” which can be found online, “Besides labor unrest, Dacey was out of money and failed to make payroll the day after the knife fight.” (This is one of the incidents that will be covered by a later article in our series.) Further financial troubles surfaced in October, and on Nov. 21 Dacey abandoned his contract. He was replaced by a local contractor, Hiram Snow, who was able to complete the work at a later date.

This was not Snow’s only project in Dover. Years earlier, he had built a number of houses on what we know as Snow’s Court. He had a factory building at 56 Fourth Street, where a variety of products were made that were used in the weaving trade. He served as a member of the City Council, was elected to the New Hampshire House, and was chosen as one of the original trustees for the Pine Hill Cemetery. One of his projects was not a success: in 1866, Snow had filed a patent application for the manufacture of bottled root beer. It turned out not to be a big seller.