Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-10-07
AFTERNOON.
Court opened at , O'Clock.


Harmon Ray, sworn. Am acquainted with
the prisoners Saw Balm and NJ D1uutli on
the night of the Sturdy previous To the
killing of Mex cen, between j and Q, between
Rohy's Store and Lyman's.
TCounS. then consulted. and State : AT Y
address "a the Cont in a low voics. He said
that he proposed t. prove by ibis witness the
ARRAY between one of the prisoners an a
young man named Gilhouly, some three weeks
previous described in the ,sti.uouy before
tls Coroner Jury)l d.
Defense cited authority for excluding teetl-
mony d ,cision WAS reserved, and witness
lett the stand.
States Attorney remarked that the prose
cution WAS through, with the exception OF
the testimony of Mr.. johnson, wh,se testl-
monv he reg ,rded as important. lie hai
been subp@ned, but the officer mad not been
able to finl him. rs ne had gone to Montreal
lie would. probLplv b: back toni -ht, ana he
asked = pJs,ponament or suspension IF tastl-
mnnv On il jne witness should arrive. His
testlm NV would De- brisf
Mr.. Chttenden said the evidence for the
defense would be very short, and if put in
there still must be 4 delay, as this tness
would nos be back till morning but e. oc-
CufN bih's Wy "p"iN - '-' - l-
their testimony.
TESTIMONY FOR Tue DEFENSE.
Mr.. ROBERTS TESTIMONY.
D. Roberts sworn. Was present at tho Curt
House while Bliss Logan and Wight were eStify-
Ing. minutes producsd.) There are my MN
utes of that testimony. According - my minutes
Bliss testified latter they fell ! heard tcheen
say take the buggcr of, he's knitting ne -
Again, the eX ,ldmatIon was soon after thcy Tell
thew fell side hv side and then Mcdonnell rather
rolled over hiu." Mr. Lo.an'S testimony On this
point by NY mnutes, was, " saw Mcheen ana
Mcdonnell both make motions as II 70 ciinch-
saw them in falling. l turned that
moment to the tall man, who was step
ping up, and told him 10 stand back and see fair
play. As heard Mex sel sly hes kaiing n,
i turned towards him" Mr. vi hit on direct eX
animation said " did not see tlom fail only
turned around when heard him say he's knifng
me- | not a foot from hm-Ncheen was On
bis back and Mcdonnell bent over him. On his
cross examination he said " when heard express
81 about knife, looked back, and Mcdonnell
was pretty square MIN, NeKesn's h ad on
steps" Think he did not say the aination was
made as they were failing MIR. Logan then d
not testify TO any remark male by Balm. lie
testified that Mckeen started first, they came
together. MIR. Wight testified that il was less
than two minutes alter McKeen LETT the steps be-
fore he was down.
Cross er4ain.d. Ny minutes are limited to tho
examination jim Court House. VI light anl Logan
examined lfter the examination of ldents
Bliss before the examination Of Balm, and after
that Of Mcdonnell and Kelly.
Mr.. Bliss commenced by detailing transac-
ton, then ma le IN answer VIII ch tended TO the
contradiction Of a previous tatemant. All
might have been re-butting testimony. Have
no minute to the effect that Bliss said it was
about as they were falling. Cannot swear
pada Z,
have my minutes full and correct
Don't remember any of the questions on
that ex animation.
Nm. WESTON sworn. Knew John Kellv for
several years, seen him frequently, was ac-
quainted with family.
K lilly was quiet peaceahle boy, rs much
so as boys in gener,l-more So than some.
Cross ErdmpnqftoH. lie never worked for
me, his Father has.
HIS WHITE sworn. Know X lily, known him 2
or 8 years. Seen him around town. Never
known anything against the boy Never
knew him in any scrape.
Cross examination. Kelly was never in
my employ, did not live in my neig hborhood.
JONI LlscUM sworn. Acquaintei with
Kelly; he lived within 80 rods of my store; hae
been in and out frequently: he worked for
me; never saw him IN any quarrels, but sup
posed he was as quiet as boys in general.
RIG. COLE sworn. Known John Kelly or t
years, worked for me in my garden and was
often at the house; never knew him t. b. in
any scrapes, WAS always respectful and
pleasant.
L. NJ. HAGAR, sworn. Joho Kally lived
with me last summer, was peaceable when he
lived with me; his reputation was that he was
quiet, good natured boy.
CrOss-er. [ mean his conduct was always
good.
RoLLrN BRADLEY, sworn, Have known
Kelly two years-have seen him daily His
general character SO far As have heard, was
fair.
Cross-er. only know from my own obseT-
walton. Redirect. Have heard him called
a good boy.
n. b. FLANAGAN, sworn. Arrested John
Kelly at nine o'clock on the 22dvf May; he
was in bed.
CrOss-eI. Can't say if he was asleep. Fam
lily were not up. 1t was dark morning.
Thomas KELLY Gather of respondent1
sworn. Recollect the morning of the murder
John Kelly came home between one and two
O'Clock in the morning. Heard the Town
clock strike one. His mother says he is my
son.
G. G. BENEDICT, sworn. Knew Melon
nell. Was in our employ years and 2or 8
months. He was an Apprentice as Printer
in our Office for years, and then as journey
man. Can't say whether he worked for us the