Litchfield enquirer., 1832-03-15

! opposite fsacIure-ano'her small fracture exleaded
 from abe eaV upwards, and thence forward shoFGdiS-
 sance-same evidence Of bruise as on lhs IeA side. only little more distinct. Sawed Of sop O the skull under lhe upper memhrans Small part of lho brain back completely covered with blood; % dOwa tS tiD
 base of tho scull and spinal fled with blood,
 Discovered fractures running from within the. ear through the pyramid OrbOne. Body was Stripi, found
 no other bruises about head except scratch on the chin. Below knees flesh much scratched one deep scratch 18th of inch wide. No swelling Of scratch es or bleeding. fDr. Wetch questioned for some time by the counsel on both sides snd had taken notes of his testimony, and also of that OfmCst of tho physicians; but on account Ofs extreme length must omit It. We could not moreover make much oft in- tellgible 10 our readers. The base bone" of the scull was cracked through; and i, was on the ap- pearance of this bone that there much diversity l of opinion among the doctors. Dr. Welch, Dr. Ad- ams and number of others, of opinion that the base of the sculLcoud be fractured by blow from l some smooth weapon the side oi the head; and Drs. Vanderburg, Abernethy, and others, (examined the part of the prsoner) expressed decided opin- ion that the base ofthe scull could not be fractured excep, by blow upon the top of the head. or fall upon the head. It wns the opinion of most of the physicians, that the appearance ofthe legs was such to make it very probable, at least, that the body removed, nfier death, to the place where it was found. Some of them were of opinion that from tho appearance of the head described, the deceased must have died immediately after receiving the inju "; others thought he Mgh. have lived for time, and even have got up and walked. The testimony of the doctors was very entertaining to tho spectators, much more than could make it appear to readers, were we as much acquainted with marrow bones base bones and temple bomes the most lear- ned of them appeared to 6e and are at Mll versed in the science of sculs he pardomed for not attempting epor, ofthis testimony, which occupied the attention of the court for or hours The counsel for the prisoner called
 Berjumin SedgCick.-Went to the ground Wednesday following the death of Mr. Root. Was told where Orton and Root went of from the pit; saw the path examined 30 or 40 rods down to the low land whore I thought they attempted to gee 1 through. Found it very dfficut to get ,hrOugh.- Went back to blood, and saw Marshall Humphrey; | he said he thought it was abou, 200 rods from the blood to the place where Orton came on to the road.
 though, it could no. be more than 100: we paced and found it to be v rods, and 95 to where Hum. phrey said was the spot. Hunted for club, and we"s
 
 | found several places where had passed. Nor. ! ton found the club, and Humphrey recognized i, | the one Or,on had on Saturday. ~, By prisoners counsel-Not very difficult to get on l to the ledge.
 By counsel for s,a.e-It required much efor, to ges up the prccpice. . .... Phio C. Sedgwick-No difficulty tn getting ihe ledge-most natural course to go-went it himself accide enl ally, without knowing he was coming to tho precipicc.
 Two or three others testified that there was no d;t
 fcnI'y in walking directly upon the ledge, by going
 short distance from the path.
 c. c. Pcttrr-Lives Q" Canaan mountain, ? or miles from Bailey's Oron came to, my house Sunday l morning about 10 on errand from Bailey. s.. Frederick JMdd-Lves on Canaan moun'ain fve %ss G or'Ea s% i" n1si. % "o. II ing to Mr. Parks. Came hack in the evening. said Mr. Root hal been found dead and he suspecied oR killing him. advised him ifinnOcent so flee. if guilty io take hii course. He said he was nno- cent, aad should surrender. He remained till or0 o'clock, and then went out--did not return. Harrey MNnson--t)rton came sO my house Sunday 1 forenoon. Mir. Curss, Dr.. Welch, and others. came Monday morning and inquired for him. Twas t'd to arrest him if he came. He afterwards came. and de- livered himself up to me- He wished go aud deIi- yer himself up the officer, and asked me go with hiAa. / Several other witnesses test6cd-,hnt MT. Root partially blind, and that it difficult for h~ to see iR the evening-was obliged to move very care. fully.
 Afier the testimony was closed, the case was very | ably argued by the States Attorney and Truman Smith, Esq. for the people, and by Lsman Church and Asa Bacon, Esqs. for the prisoner. IL cOntsndsd
 by the counsel for the prosecution, in the first place, from the testimony and circumsances in the case that Mr. Root cuuid not have come to his death by aeci- dent; and in the secon, place, that the prisoner at the bar was the person that inflicted ihe blows that occasoned the death. In support of ibe position that the death could he accidental, it was argued that the nature Of the injuries such aswoUld not b6 produced by falling from the ledge where the blood was found aIledged by the delencs-,has if,'e de- ceased had fallen lcre and received such injuries he as to climb up the steep hill which witnesses had sss- tifed ,ha, it required the strength of well go up-ihat the nature of the wounds the legs was such as to prove beyond doubt that the body must have been removed by some one aer deaih-lhat the appearance of the elohes being torn the legs, and whole the uprer part of the body, was such aa to show that the deceased never went alone from tho foot of the ledge to the place where the body was lomnd-lhat if true that blow must bo given on tho top Of the head fracture the base of the ScHlI, reasonable to suppose that blow had been given on the head that the deceased fell from the ledge upon his head-0nd that it supposed train Oi alSur dities to suppose that did fall from that ledge It argued prove that Orion the murderer, that a iraiR of circumstances a pointed that conclusion this leaving the pit with Mir. Root, aad E"ing homo without him--,he facts in regard to the club, t being found tt was, and where was, and his never gv. ing any account of -hs false ion that he had | been attacked by two men coming out of the wnOd- his not showing where he the night after ihe de- ceased'e dea,E-his attempt afterwards to take inc Tito of Hiraa R0ot-and some other circumstances, were dwelt upon by the gentlemen in their pleas.