Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-10-07

gle word II they are guilty of murder, ii wa
because of their presence, and not account of an
l. word used or sign which either one of them made
1t will appear further that, before this fata
'e blow was given-Bain and Kelly doing nothing a
n that time-Ir. Logan stepped down towards then
re and said: "Stand back and see fair play" Tha
e after the parties fell McKeen said q Take him OF
&c he is knifeing me-" This expression was heard b,
II all; and the young men, seeing that McKeen wa
injured, ran.
K 1 wish to show, by medical authority, that th
Is excamation-that the man was knifeing him-wa
It must have been made at the very instant the
= knife entered him, and that it wa
e some considerable time after they had been on tn,
5 ground The boys started-Kelly went HON.
. and went to bed, where he was taken on the
following morning the others wandered
: about town, ami the next morning
+, came up with the intention Of surrenderng and
did surrender themselves to the officers. In re.
: gard to what took place on the Saturday nj ght
preceding the night of the murder it is the first
intimation we have had Of anything of the kind,
and we will make no mention of it at present, un-
I'll we have consulted with the respondents. We
trust again you will withhold your opinion until
the whole testimony is laid before you.
The Sheriff directed to call Mr. Wight
the first witness for the State.
MR WTGHr's TESTIMONY
u " Wight, smorn-I reside in Burlington,
and had been a resident of this town two years on
the 2nd day of last July. Was acquainted with
the deceased, John McKeen, and connected with
him in the business of harness making from May
1853, to the time of his death.
His place of business Church St, in the
same building with Ferre's Shoe Store. 1t is To-
Gated directly opposite to Faiths Saloon, which is
directly at the head Of the alley running between
Proutys Shoe Store and Staniford's Dry Goods
Store. Tho distance from the steps to the street
is ten feet inches. The width of the step Is
| seventeen inches The front of the store between
! tTiusfnaids : and Warpar'S Is aat nd ;pcba
IrinsIHads being the North and Warmers on
the South.
There is one door in the front of this building,
and that is on the North corner of the front,
| There is a window over the door.
| was at the store, the most of the time from
halt past six, on the night Of May 2lst. The
store closed at about nine o'clock, and the
shutters put up and l think the door locked.
| There was no shutter tho window the
door. The window was about foot high and
there were three panes Of glass in it and it extend
ed the whole width of the door. Mr.. Ferre, Mr.
| Leonard Bliss. Mr. Wm. III. Logan, McKeen, II.
| E. Howard and myself. at the store that
evening. Mc'keen's family were in New Hsmp-
| shire. Mckeen slep: in room of Brinsmsids
| building contiguous to Ferre's store. Mr.. Me-
Keen would weigh about $50 pounds and
! about IS years old
Did not leave the store from the time it was
| closed to the death Of McKeen Mr.. Forre left
after the closing of the sgore. Howard left at
died Nh Geo Hagar in o few moments af-
ter the store closed. No one else in.
! We were playing whist in the back part of the
/ store Mr.. Bliss, Logan, McKeen and myself.
Were seated about thirty-eight feet from the door
| while playing. Had the light of one fluid lamp,
and that was in the back part of the store where
We were playing l boarded with Mr.. Bliss, and
/ Mr. Logan did also Mr. Bliss lives on the cor
! ner of Champlain and Bank streets
1t was about II oclock when some one came to |
81 4 L..
! thing through the keyhole. Could not under
stand anything that said. The door was taken
| hold Of only once, heard no noise before.
Had been no noise in the store above ordinary
conveF sation, Mr.. McKeen Immediately after he |
heard the noise went to the door. Mr Logan |
went cut next, and l followed Logan.
Mckeen did not get to the door more than two |
feet ahead Of Logan. Mr. Bliss also went to the |
door. Mckeen had got to the door when l got |
one-third Of the way. Bliss got to the door |
Immediately after me McKeen opened the door |
amp stepped out to the step but not off from it.
Mcheeu stood at the right Of the center of the |
door. Logan passed out on to the step and stood |
at the South side Of it about two feet from McKeen.
Bliss stood in the door way. Heard no converse
tion after McKeen went to the door before got |
there.
When | got to the door, saw three persons be-
sides those of my party walking down the
street They nearly to the door when saw
them. They were the West side of the street,
the North of the door when | saw them. Two of
them were rather short and rather tall. They
walking slowly when saw them, holding no
conversation among themselves They were nearly
abreast, the tallest being on the inside Of the
SIDE walk or next 20 the store. They were
nearly in front of the store when of them
stopped. The others stopped little below.
The one who stopped first was one of the short
ones. The other two went on two or three feet
below.
At that time | was acquainted with neither of
the three persons. Heard the conversation between
the three persons and Mckeen.
The three persons were walking down when the
conversation commenced. Mekeen commenced the
conversation, and said: What are you around here
flr?" They made no reply. Mckeen then asked
which one it that to the door. One
nearly opposite and the other two a little below
when inquiry made One Of the short
(the one who stopped irst) replied; " Supposing
should say it me, what you going to do
about it ~ He standing at the time about
feet from McKeen, and facing him. McKeen ask
ed him what he did that for. lie replied: % ! |
don't know as it is any of your business, you
damned of bitch" Don't recollect of either
Of the others making any reply to these enquiries.
Mr.. McKeen then asked him either, what he called
him that for or what that he called him. He
made reply.
Objected by Mr. Chittendcn. that the testimony
was drawn out in this way by affirmative and neg
ative answers; contended that the witness should
be allowed TO tell his story.
TWitness resumed.] Immediately Mckeen
stepped down from the steps to the walk after the
reply made. The other party advanced as he
stepped down. They met about half way from
where each standing They came together
and clinched; cannot say how they had hold of
cash other. They Immediately began swsying to-
ward. the door; fell partly the walk and partly
on the steps heard them fall but did not them.
I stepped to the walk about two feet from where l
standing the steps. Ny attention wa. attract
ed towards the other two, then standing little
below. My attention was then directed to McKesn
and the man he was engaged with about the time
they were falling. Mckeen was on his back, as
he was lying on tho walk and the steps. His
feet were slightly inclined southwark. Mcdonnell
was bending over him, with his hands resting on
McKeen's shoulders and his feet knees on the
walk. He elevated above McKeen's body.
Could not tell where McKeen's hands The
only remark made by McKeen while he was
falling-'take the bugger of, he is knitting me.'
was locking at the other two while that remark
was made. One of the short men was at the time
at out twelve feet below where | and near
the edge of the walk-tbe latter near the
building about ten feet from me, about six feet
from the other on the outside of the walk. After
McKeen fell, | turned round and took the man off
from him. The tall man came up close to me,
turned and ran away to the south. The other
two ran down the street, the pull led off start
cd first, few seconds before the other. The man
made no resistance when pulled him of-did not
seem to have hold of McKeen in any way. Me-
Keen did not speak sfterwards-was lying on the
steps when the fellows fed l raised him up and
carried him into the shop, placed him the floor
beside counter, his head towards window just clear
of door when swung open. From the time they
fed, it not more than or minutes 1 should
think, before all signs of life departed. The body
of Mckeen laid on the floor two or three minutes
and then placed counter, five six feet
from the door. McKeen stepped from the steps
quite quickly and the short man advanced with
AgoKn fra T~av
preached short man. MeKeen's hands were raised
as he approaching-coud see his hands
Witness raised his hands to the level of his ell
bows-the elbows little out to illustrate the DO
stionl Did not see either of short mans hands
as be approached, before they began to fall-saw
no effort on part of McKeen to strike. It was less
than a minute after McKeen left the steps before
he fell on the steps, The night quite dark