Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1842-12-30

Justices Wilde and Dewey, on the bench, |
for the trial of Ben amin Barney Bclcher, |
for the murder of Lewis Howe. The trial
commenced on Tuesday afternoon The
prisoner challenged twenty jurors perempto-
rily, and one or two were set aside by the !
Court.
The case was opened by District Attorney
Wells, in a very able manner, after which the |
evidence for the prosecution was introduced. |
The annexed summary of the evidence, for !
the Government, we copy from the Spring
field Republican -
IT appears from the evidence introduced
i'll behalf of the Commonwealth, that Howe, |
(the deceased) on Sunday evening about ten
o'clock the 23d of July last, with one Hatch
aud about twelve or fileen others, men and
boys, went from Chicopee Falls to small
house situated about mile east of the vii
lage, which had been occupied about fort
night by an old man and his wife by the
name of EastOn, and by girl by the name
of Drake. 1t was stated by some of the wit
nesses who were in the company, that it was
said it was bad house, and that Hatch
said he had leave from the owners of the
house to tear it down. IT appears that Hatch
harbored feelings of hostility towards the
girl. One witness testified that Hatch said
she had misused him. and another, that he
said while they were about the house, that if
he had her there, he would pitch her into
the Ding!e,' which was near there, Hatch
went up to the house several times and threw
stones on to it, and through the windows,
and cndeavorcd to induce others to do the
same. The door of the house was locked
on the outside with a paddock which was
opened with nail, and two or more of the
company went in. One witness testified that
he saw fre 0r SIR come out of the house,
followed by Belcher and one Collins, who
was with him in the house when Hatch and
his party entered it, They all retrcated to-
wards the road, and when about a rod and
! half from the house, Hatch, Howe, and some
Others, halted and turned round, and Bel
cher rushed towards them in quick walk,
saying, God damn you, what are you about!
| am here myself! Damn you clear out
Il learn you better than to attack house
when | am in it peaceably He first came
up 10 Hatch. and gave him thrust in the
abdomen, which caused him to partly fall TO
the ground, and recovering himself said,
Barney Belcher, don't strike me again.
Belchcr said, damn you, rW strike you
again He then struck Hatch twice more
IN the same manner, aud near the same place,
when he fell upon the ground Hatch az
forwards got up and went out TO the road,
and said he was stabbed, After Hatch fell,
Becher attacked Howe, who WINS standing
nearest to Hatch. Howe raised his left arm
apparently to defend himself Some Of the
witnesses testified that he had stick or cane
in his hand, and others that he had nothing
III II. While his arm was raised towards his
head, Belcher struck him in the left side
Howe Immediately put his hand to his side,
and turned and run down the road towards
Chicopee Falls about 40 rod, when he fell,
aud was found lying by the road side near
the fence breathing with difficulty, and faint
with the loss of blood He was told that he
had probably but short time TO live He
replied that he was sensible of it, and wished
TO have his wife sent for, who resided in the
County of Worcester. He then took out
his watch and money, and requested one Of
the witnesses TO give them TO her. lie was
carried down TO the village where he died
in about an hour from the time of the affray
From the testimony Of the surgeon who made
the post mortem examination, il appeared
that he was stabbed by some sharp iustru-
ment which penetrated the thorax, and pier
ccd the left vcntriclc Of the heart, inlcting
a wound which produced death Howe was
Young man, a blacksmith by occupation,
and labored at his business as iourneyman.
at Chicopee Falls. lie had parents residing
at Jenksville, and a wife somewhere in Wor-
cesier county as before stated.
Hatch rpcnivaI thraa cavaro ,,o,,nd, a., 4 H.
abdomen, but has since recovered, and is
now said to be in gaol in Holland, Conn,
for some offence committed ia that State.
After the attack upon Hatch and Howe,
Belchcr and Collins returned into the house.
Belcher afterwards went down 10 the village
and was taken into custody. In the course
ofthc night he expressed the wish to 90 up
to the house where the allray happened, with
some OF the cltzens, that he might show
them how, and when, the ARRAY happened.
They went up, and he pointed out the place
where he said he and Collins lay when the
stones were thrown into the house. He said,
alter that, they went round the back side of
the house and got into the window by rails
ing board which was in the place of the
lower sash. Two Witnesses testified that
: they saw Belcher have dirk knife on the
day of the ARRAY. The direct testimony on
the part of the Prosecution was closed on
: Wednesday evening.
; On Thursday morning, Mr. Ashmun adj
dressed the Jury in behalf of the prisoner,
in an eloquent aud impressive speech, of two
and half hours length. lie cited numcr-
GUS authorities which the counsel for the
, Prisoner considered as applicable to this
I case, and on which, in connection with the