Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-04-14

BY Judge Eimer-1 thought he was ID 1901
for firing the pistol among the horses 'houen' 50,
wagon boz is--it !. hundred hushel coal box. BE-
fore he came round man asked, "Whnt are they
firing at ~ said guessed they were only dscharg.
ing their pistols. did not see the pistol until he
could nut distinguish the persons face who fred be.
hind the coal box. ] saw his arm pointing toward
the carriage. l should have known the person who
fired the pistol anywhere. II was Henry Bender who
spoke about the firing. MI. vandyke knew the pris.
Onrr--no one else did.
! Dr.. Isaac Milford, affirmed, s,ifed as 10 the
nature Of the wound. The wound on the ak part
Of the shoulder led To the holes in the cloth
! ing Of the decreased. The wound WINS small and cir
| cun', slightly irregular, and rugged Al the margin
An instrument passed into this opening, showed me
wound TO he IN a direction inward and somewhat
downward. An incsion was then made. and the
edge Of the fifth rib was found 10 have been perforated
and the bone fractured. The left cavity Of the chest
WINS found to contain good deal Of blood.
SECOND DAY.
WEDNESDAY, March 29h.
The Cour, having been opened, Mr.. Van
Dyko was recalled, and identified tho Pis.
tol.
John Roth Captain Of the steamer John Fitch,
sworn. was standing on the Camden wharf when
the ferry boat arrived heard report Of pistol when
she within Is feet: stepped on hoard rs abe came
up and heard There 10 man shot: saw Heberton
|
dance little for him
Henry S. Bender-Saw Mercer come on board al
Market ST. wharf, after o'clock he enQuired Of Jas
Kurn whether he could get carriage a. Camden
saw nothing more I'LL we neared Camden while then
standing by the heads Of the carriage horses, saw
Mercer, pistol in hand come out from behind coal
wagon and fred: after firing, he walked slowly
ing met by Mr.. Van Dyke at the head Of the horses
attached to il, exclaimed there am; give myself
np did it; don't let them hurt me; take me where
they wont hurt me: ! don't want to be hurt;" Mr.
Van Dyke said to him. Come with me. my younr
friend, you shan, be hurt,' M. Van DYKE wanted
me L" take charge Of him. which refused To DO al
first: Mr.. Van Dyke then aid 10 him. "come, YOU
again :: at that time MI " D. had the carriage doc,
omen and Mr. NJ said he could not get in and go back
with him had hold Of Mr. Ms arm, he said
Come let's h.ve a dance; get me fiddle; ! wan,
10 dance" The rest Of this testimony corroborated
Mr.. VS.
} John Carter, the Coroner. and Dr.. Fisle'
were examined concerning the inquest. pos
u,ortem examination, &C., and corroborated
t Dr.. Moun.for. John Carter, one Of the
boatmen. also gave some indefinite testimony
: i,c heard 4 pistol Shots, but was not in a po'
. si,ion to see by whom he saw some one
running from the boat. bu, did not know ~he
|. it was. The attorney General here res,ee
the prosecution, and Mr.. Browne opened foI
the Defence.
Mr.. Browne occupied the Court nearl,
the whole of Wednesday. and the entire
morning yesterday. IN opening tho Defence
/, A full rrpor. Of his speech. furnished TO u
:: by a Philadelphia press. occupies eight col
e umns close print!
d When he closed at IL o'clock yesterda!!
;: morning, tho Attorney General. Mr.. Mol
I Lesson, rose, and objected to tho whole c"urs
@ Of proceeding which Ie had marked out
!; He said the counsel werc inverting tho orde
81 of Justice. First, we have an elaborate sum
4 ming up Of tho case, and now we are to hav
=, y the evidence afterwards. protest againl
I this inversion Of all established rules Of legs
!. proceedings.
a Ho protested strongly against any ev
dencs against Heberton's character. whic
r. had nothing 10 do with tho case, and wa
le proposed only TO divert the course Of justice
k II the allegations agains. him were all 'rn'
=. ,s they could not justify the murder. But the
n were no, true, and he would fsarlessly chal
n lcnge tho proof in the proper placs, tina, He
10 berton ever insul,ed vir,uous lady.
n. Blu. IL such allegations are introduced
rs the cause Of insanity, medical proof mus,
he frs, adduced to shew tina, it is II sufic,e
~ ~ cause. Mr.. NJ. referred with much spit
J.. and cloquence to the intermina romano
rs and metaphysical reasonings abom n'onom
h \. mia, &c.. which had occupied so much tim
~ Nlessrs. Wall and LETTERS replied, and Il
" Cour, finally decided in favor Of adn'i.ti'
ne the testimony.
/. A distressing scene was produced in Il
r., ~ crowded court room, just previous to this di
=. custom, by the introduction Of Miss Mercs
n. with her mother and sister, her face cover
n; with handkerchief, in tine greatest agta'in
sobhing, crying aloud, &c. By tho advi
r. Of Dr.. Van Dyke, she was Withdrawn. 81
on the court, after the discussion, adjourned
i. afternoon, when she was sworn in great q
-" a., tation.
n, Soroh 0ardnsr Mercer sworn-l am the dauRh
AT of Thomas Mercer: was l6 in January last. ABB
nis new years while in hesnut street with NJ
'as Osborne we met . gentleman whom !oos ioF
er. Bas,ido: ssid to Mise o. "that's M. Bas.do
M. Mr. Heberto psssed up the street and heard me
,as meeting another gentleman he turned back with
ne and they followed W down Chesnut TO Second,
or. down Second ill got IN Burck's suction stce,
in above Walnut. ! told Miss o. they were follow
nv US Heberton then laid hold Of my cloak and ssl
off where we were going ! said on an errnnd a.
he turned up Walnut the gentleman walked BY the ,
Of us: we all went up Walnus, to Ninth, then turf
/ back and came to Walnut and Eighth then w
Of no Eighth till we came 10 George street end they
His ue; We then went TO MTs. Osborne's from wkene
bit gentleman saw me home.
nv, The next evening left home on an Grand, and
ION returning met Heberon OF the corner Of Third
we Pine; he wen, 10 The corner Of Third and Quen "
on me; Thought il was Mr. Bas,do the whole time J.
ney did not tell me that that not his nnme he sl
hal me IL would not meet him, and said "Yes"
led next ,imel met him he told me that his name '
the Heberten and not Bastsio; had never heard Of
before. fCan'i hear word, nor see her face II
rs. him three evenings after this. On one Of the
nm. nnps me, him. il came on 10 rain He stopped
% Lawyer vandyke TO get an umbrella. Lawyer v
oh dyke told Mr. Hebertnn 10 tell me 10 come in, bu
,ral would not CO. On one Of the evenings met him,
tod me should like to come to our house, but he