Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1839-05-03

feet long with parts Of tho roots, and Of i'm
mense weight, several rods. The diameter Of
the tree where it was severed was near feet,
and near the ground probably full four feet
Most o!the roots were torn up with the stump,
and were it not for few spinters standing,
one would hardly have believed that a tree
grow there. The spectacle is sublime one,
we'll worth short excursion 10 see.-Ruiland
Herald.
A SERIOUS AFFRAY.-We regret TO
learn that serious ARRAY took place in
Castleton, on Friday night, which it is
feared will result in the death of one indi.
vidua and consequently, probably, if not
in an ignomnious end of another, his utter
ruin by the conviction Of crime which will
doom him to the walls Of prison.
We shall not now attempt to give only a
brief and perhaps imperfect account of the
affair, as we had it mostly verbally from a
person present at the court Of inquiry. The
individuals concerned in the ARRAY are
Francis Hoy, an Irishmau, and Phlo Tom
nson, both of Casteton-near neighbors,
living about two miles from the village.
There had been lawsuit between Hoy
and one Gardner, for an assault upon his
the said Hoy's dwelling house, formerly
kept as tavern, and now place of private
entertainment and rendezvous, as we are
told for those who, unhappily, are fond of
revelry and rows. In the trial at the late
term OF our County Court, alluded TO, Tom.
linson was called on as a witness by the
plaintiffs counsel, supposng he knew all
about the riot and assault, but Tomlinson
either knew little about the case, or refused
to reveal. Hoy, however, obtained ver-
dict of rising $500 damages. 10 the course
of the trial 1t was discovered that there
were strong feelings of prejudice against
Hoy, and there had been good deal Of
excitement about the affair in the neigh
torhood, where the parties lived, and which
still continues.
On Friday last in the afternoon Tomlin-
son was at Hoys. and Hoy charged him
with perjury, and said he had perjured
himself at the above trial said he should
sue him. and should spend all his property
to obtain satisfaction, or revenge. At the
same time, SAID we won't quarrel f.; we will
be good friends, and if you will 90 out
doors, or 60 out back in the yard. we will
settle the matter now in a friendly ,oay!
However after some further alteration,
and after an assent to this mode ofsettlng,
on the part of Tomlinson-he left the house
of Hoy. In the evening he came ngaln
and the alteration was renewed. There
were several Irlshmen in the house. Hoy
again challenged Tomlinson to 90 out back
Of the barn and settle the matter. Tomln.
son said he would 60. They went out to.
gether, and no one with them. After be-
ing absent some minutes, it was proposed
to 60 out and see that they did not hurt
each other, as was remarked; two or three
went out, and when the combatans were
first discovered, they were some rod or two
apart coming in direction to meet as they
approached towards the house, and when
they came in contact Hoy gave Tomlinson
q blow and Knocked him down, and on rs-
ing he knocked him down again. and after
rising a second or third time. Tomlnson,
it was testified to by one witness, was seen
to thrust his arm towards Hoy, but could
not tell whether he reached him, or wheth-
er he had any weapon in his hands, nor did
it appear at any time that TomnsOn had
knife. After the foregoing circumstances
had occurred Tomlinson went home with.
out entering the house, and Hoy came in
without being aware that he was injured,
But soon complained Of sickness at the
stomach, and discovered that he was
wounded in the abdomen. Or taking off
his pantaloons it was discovered that there
was cash running up and down in the
lower extremity Of the abdomen. one side,
two or three inches long, and two or three
inches deep, and that his bowels prOtruded
out. He then laid himself upon a bed, a
physician was sent for and the entralIs put
back and the wound dressed. The slit in
the clothes was five or six inches in length.
and appeared to have been made with a
sharp instrument. Hoy's recovery, it is
said is exceedingly doubtful. Tomlnson
was arrested on Saturday and put under
$4,000 bonds and was brought to The jail in
this town Saturday evening, not being
able to procure ball--Rutland Herald.
TERRIFIC ACCIDENT ON THE Inclined
D. .nr -Tho hiladolnhia Snir;, IS ~.