, 1859-01-08

'efuay morning the Jury In this case was COZ
p'e'eu' aaa an'5 s"ofn In Is follows:
zHE 1cRH.
11nomas 1 Wilcox, c. D. 0lds,
| d. i. McCartY, E Clark
q yeNeit, J. E. White,
- ni2eoin, Vim. Turner,
~ w. oAs1efnan, Wm- Burt.
The case was opened for the neon1e bv ca,1o
| Haven Ear n;.,r;.. -. ppe ~ va ~
,o,a 1s.~.h -@t:N. s"sne5' III 'peecn
ooaAe ieng'n' IN WHICH, after reviewing the ci,
cunstanceA Of the case, be dwelt strongly mo-
| the principle Of Law, which. he held .honld oov
etn this csse xb;rh ba ,ra,o.od -. .I.~ g.
". ..;ls-. r.op'seo r. ~ eoo" HOE
"0s oeAoe1a'e purpose OF re
Veoge, cooily and brutally executed upon it
victim. long after the ta1r;ad and -. :. l..
lieyed. mistaken er,;,;no ,.,.. - ~. 1o
~A"90 u 'ne MURDER
jug purpose, nad iaken place.
c. r Jones, Esq, followed in his onen;no fo,
| the defence. in which he indicated ,h.;r
position int ,ha t.-.a 'aeN psoposee
teri, indeed. it could not be shown that !,
Was of the nature OF a ni.demasnor .;cr,,x
tho. w. 49,. =, o'npty, ano
:, '' '"7 eeA'n "as aos 'ne necessary result o
the easault-
The sereral Witnesses were then c,l,aa s,d
e0o' W A4'''on ol prisoners counsel, e1'
clodeo ifon the room, with the exception Of the
medical testimony, when the hearing Of the tes-
tiuopy commenced
1HH TESTIMONY.
John Era=r, strora-Rsslde m = " Plant
road, tive miles from the city: lived there two
years next April; have known defendant. he
worked for me llh montha: did nor Iunx ~
Vail; knew bis brothers; never saw him iii
the day Of assault. Cd of '1une lat Wadnssaan.
sept defendant to town that daY w;th ioaJ -
straw; had the team Of the fsrm helono;nn ~
Nr, Steel: was aHav m nra;r;s. ~. 4a1ssa -
nat drive team home spd into Yard: was In
rods off. saw him trottino aIong ~. h.;Jss
into the ward: struck me Az necn1;s-. naIso
saw him irot over bridge before: be,xeen 4e' ,nd
5 r. Ii. be dsore team into vard mi ~ ~
sight: had eoue on prairie afte- co.s. - - ~
came home met hin be wa dressed H. 10 ~
common knife uuder his arm th;nE !; 1s,h;a 10 ~
left; the knife vas kept in out kitchen .tict;nn
town; next saw him s5 Of an honr after th;n r
he came home; Mr. Hurd was with him
spoke to him when be came out first. 6ayinp
:" Finn where are you going with that knifeS'' i.
said something; did not hear what / called
after him, not 10 take that knita. he vent hart
same road be came down with team: frat learn
cd from Mr, uurd that Vial vaa hnrt Hnra
then hsd the knife: Mia Stenhens wos ,han ~
the house with Mrs Frezer. "1>' 'As0 ~
M, Vanond ,Sttn5<-s e,, u
Frazer fast winter wsz ras;d;nn a. h1s hs ~:
in June. 1858: knew Nj Fin7. -seaiis., 10
day of the assault on Mr.. Vial. t,;nt IL ~. 81
June; saw defendant on thet day in ths honss.
be had h,en in f:h;caon +hat daa5 ~ .ue nouse
ing into tho yard wnen ha csmn benI, u.m u
coming IN the street: did not see hin, ans;,
till ha came into hnnae. j.. he +oot ~. nu ah9aa
the straw from his pocket and threw it ma Hra
F.'s lap: be said. ii baYe aeen fha no.n ~ dss
who struck nv pony lcst falI'n ue s.artsd y
60 up 8tsirs, Saving, "pIl not m tn nv he'd to.
night till have fsyenee" ijon't rannsrnhs-
if be said tha would thrssh tbs MAJ -. ,rhat
He went up stairs, put on oyeral,s and hoots:
saw him come down and an IN hn.has haol. -,
atore: did not sae What he din. eaw hin, tr,-,,
front window 20 out of uats v,th ,a-r 49, on,,a.
under his arm know Ehara H.. ",,...s sAss, ~,
kent In i,tla ,o-oh ~. 81 -, 40 eu'!st "as
sre him tete IT, tnsw vha.a ~ ~ 'saa ulo nos
he had il undar h;a n,rr 90. ~ ;oeA ~ Ao4
h hs1f ~ t,rn 49,. u,1 o; ~ 6aV MN one ana
zer and ,h;nk ". ~ vsa"iofa, As' fsa-
viii h;n,. 49, 49,. ~. 90 ~. Hnu Ar' duro we're
~ ~ ~ ,5 "ie passing !ae mouse, going
frn,n ~ cra~fa"% aAes prisoner came oack
.;,h ~ ~ Sla"lo!qs ne called IA at the house
s.s, ~ ~ - - - ess US Go4s nj. Huro,s house1s
4sr's. a. ~ 49, H.: nouse "est OF Mt Fra"
+ ~ 80 ~ ~. eeo riu1 aiel~ata the brush
he did v.s - &C.. Isn olo not ooserTe what
ina ha"-d - !eAttns Tue room OF the
Le9 epoAea o1 afterwards acd then
ITO Gros., szanl1ea by u. 1arris-Ar. Frazer's
Town: the other houses are on the sa,ns a;da. %
~" RIM come into tbs gard, trcm town, with
U.s. tsan' tne 5ala 1aees the street; the house
stands little back from the road. IA piau pro
yucca ot the premises and house, recognized BY
!he witness and explained bY her.) lie did mol
stop IN the yard to put out his horses, but came
right in; Mrs. FREEZER was sitting By the etove
a the kitchen; be said 81 he threw the money
nto Ass. fraze1's lap, he had "seen the man
o-day who struck his horse last fal.'' or srr,z,.
do not reco!lect which; as be went np stairs said
: will not 90 to uly bed till hare reyenpe"
IA h'a former remark he said somethiur r'else@ha
xou'd thrash him or something do not recol!ect.
ie went up stairs, CHANGED bis clothes, took of
.oat he wore to town. and mt an his nvaraf,s. !.
vas usaal Tor him to 10 50; though, nothing IN.
ii saT him go out Of tue gate, With corn cut
er uutlcr his arm; he changed his boots: lie
ook OIL his coat had on oyeralts and striped
hlft Us be went out of the gate~-his usual dress:
2w hin take the brush in his hard; did not see
lin do anything with it; was leaving The sloye.
,cltlns lin some supper, lie staiI iu The house
MY two or three minutes; when he went out Of
Ae saie was looking out of The hall door; don't
etntniber If he spoke to NE ut all: he apupared
excited noticed it when ls first
anne into the house from the gard; be vas in the
u0sE fCEJ tuGlL l!tQe-Q0t longer than ten
minutes; it WAS very short time-cannot s,v
ow long.
A'tj Jurned to o'clock P. u.
.rr,n,o,, ,
N'ooS sf'ssioS'
4aFs. ann Ffa=fT ktroTn-Am tie wife Of John
fazer feco!lect tie day of the assault upon Mt.
~ Fton lssd WITH us; he vent 10 town that |
~, "Hen Ut hrst came into the house he gave
ie ~. .ue money ne nad; he then vent up Stairs
nd changed hls clothes; be came down, changed |
~ no9ts; ana then went out Of the kitchen door;
WE 'ne o!aek'ns n5ush; thought be tried 10
~ =, ~ !. t ~ us aee, he then went out: saw him 60
W W " toe gaze, Win corn kulfe; knew where |
II kn'ie WAS kept-ln the Kitchen porch; when
saw linn next, be wis passing the hou>e going
C!aw1o1d-; think It was an hour and il half Of
!ouis atIef, AT. tra"toru' air. Hurd, aud,
!! INK. Mt. Arnot, were With him; it WAS the old
u Af. HnEd.
Closs' 'E1an'ined oy Nr- Harrk.-"as in the
Nchen "aen rinn came Into the yard it was
ur or nse oc!ocf the knife usually hung in
le porch a. tne Kitchen door. (Wltuesa ex-
a'ned me posftlon OF tue house and its apart
GUS as hnoTn IN the diagram OF the pEemisesl
III not Say tnat be hlacked bis face with the
'uea 'nought ne tried to black it; looked at
"A as ne vas going out, his face Was not black:
tnH ne vas IN the house about fifteen miuutes: |
went out OF the house the same way be came
/; think be wBs in about fifteen minutes: he |
lauged his clothes; took of bl.ck coat and
Lhts and put on oserAls, which he rauafv
ore at home the others be had worn 10 the
y; he put on his usual clothes; when be hand
me the money be said he had met the man an !
e road who had thrown the hoop on bis horse.
ID ~as "golng back to thrash him.; be ,hen