Litchfield enquirer., 1832-03-15

later thua eRnR that morning. Lea o Eoody ea0the
 at my house, and made 10 attempt 0 eoaeeal them
 went away about nine o'clock. ! was aI my cOal-pi
 all night: did not come from there until aier
 Ph was sixty or seventy rods from the house. Stop
 ped before coming home to talk with Hiram Root
 who stayed with me at the pit through Ihe night. Or
 ton made his home at my house, kepG his clothes ,heres washed for him, GGc. Told me he had got to work for Mr. Parks on Monday. ~
 ThOmas Calder, .jr.-T was at the pit. OrtOn was iaIkaIve, cross and quarrelsome. Orion and Alley worked together; they had pull at the broom SSc' Sun half an hour high. Orton and Hiram bragged about wrestling. This witness testified pretty much the others as to the quarrel between Oron and H
 ram Root at the pi,.] Orion grated his teeth like mad dog; came along by old Mir. Root and said '" We will go along" They went west; Orto" got ahead OF Root, and then turned hack talked pretty oud.- As they aiong OrtOn mOtiOned his club, talked, Szc.ti they got out of sight. We (those left at the p) waited ten or fifteen mnutss, and then along and after picking up my gun and which were by the fence on the way. we proceeded toward home i; passed by the ledge within six eight feet where the blood was found. could see within twelve rods of the pit where we started from. When we got along above ihe brook, I heard Ouon coming, crying out and praying like Melhodsts. When he came up Hi- ram asked him where his father was? Said he knew nothing about his father; supposed he was back i" the bush he had much he could de to get along himself through the mud. When we got along with
 in eight or rods Of my fathers hoSe Hiram yelled two or three times, and Orton prayed and preached in imitation of the Methodisis ('rhe witness was here going to mention quarrel between Oron and Root near Caders house; counsel for prisoner otec ted on the ground that the prisoner'a quarrel with Hram had no copnexion with the death of old Mr. R. Counsel for the state con,ended that it all continued affair, and would go to show the intent of the prisoner murder both old Mir. Root and Hiram. Judge Williams of opinion that the testimony was inadmissbe, as the transaction happened aler MT. R. was supposed to have been killed. Judge Dagget thought the transactions were SO connected az to show the intention of Orton. The testimony was de- ferred]
 By prisoners counsek-Company thought Orion ought 10 be whipped; should say old Mr. Root said he could fog him himself. Come, let's you and go aong, were the words Orton said 10 the deceased at the pi, before they left. Did not notice any blood about Orion the pitt All told Hiram to give Orion enough. Heard no threat between Orton and Root that afternoon.
 Seymour B. Bailey.--[This witness and his brother related the same facts to the scufflng, &c. at the pit as the oicrs] After OrtoR and Mr. Root had left the pit, said about few mnutes waited for Thomas to get his gun and axe, then along towards home, walking pretty fast. Or,on heard to halloo and he soon came up wifTi Hiram asked where his
 father was to which he replied, I don't know; it was as much could do 10 get along myself; he couldn't get along as fast as l." Hiram and Orion made considerable noise.
 By prisoners con"sel-Left pit ten or fifteen min utes after Orton he running when first discover ed coming out of the wood on to the road.
 EJudge Daggeii here decided that the testimony of what iranspired at Coder's might be admtted.] ~
 Thomas Calder, jr. called again by prisoners eoun- sel.-The stick in court appeared somewhat different In color and crook from the Orion had ni the pit; but as to length and size tho same the end of the Stick cut slanting in tho same manner. Noticed the club, because Orton was in passion. Hiram's nose bled when ne had Orton down when pulling stick with Allen, his finger bled considerably.
 By counsel for sinte.-When we arrived at our house, and Hiram went to carry in the bottle, I told Orton he had better go home, Tor he and Hiram would get to fighting again f he stad he said he wasn't going to be coaxed drove they had threatened to whip him, &sc. went in and told Hiram he had bet- iee not go out; but he wens, and followed him t: heard Orton say Fetch him out and I'll fix hiln."--- Saw Orton sitting on the bars and jump off Hiram came along to go home. When H. passed him Orion struck him with hoe; Hiram staggered and fel went towards Orton and asked him what he meant llessaid Tom, take care." I sprung towards him Rpd seized him; he struck at me Hiram recovered himself and said " Let me come at him-I will give him enough, as was told 10 do," and saw Hiram strike Oron feebly, and then turned and fe and said < Oh dear Thomas, take care of me-" ! told him " Take care of yourself; must take care of Orton." then threw Orton down and stamped on his head two or three times; he begged, and let him up, and old him to go home. seized the hoe, and told Or lon would hoe him if he did not clear out and he went off, then took up Hiram and carried him into the house, where he bled considerably. Hoe struck him in the hair, and made wound ofaboa an inch in length. He was apparently faint. The hoe was very heavy with cIumped handle. There was nc blood ihe next morning where Hiram or Orion Jay.
 By prisoners counsel.-fiiram had said nothing to Orion before Orion said Fetch him out" &c.
 Seymour B. Bailey called agan.-Dd not see Or to" strike Hiram at Calder's. hnt saw Hiram on his Knees beside the road. Thomas got over bars and threw Or'on down, and Hiram came up on his knees and struck Orion two three times and then Thom. as stamped on his head, first with foot, and then n