Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-10-07
might fall into some inaccuracies, but he should
state frankly just what he intended to establish bv
IN. HARD's REMARKS.


Mn. HARD's REMARKS.
We expect then [said bel, to establish the fol
lowing facts:
That, for some two years previous to 1859 ther
was in Burlington a citizen by the name of Joh1
! T. McKeen, a peaceable man; that he had a stor
on Church Street, and also a shop in the SAM
bulding-oceupied now by Mr.. Ferre-that to
store has only door on the front side, and tha
| is on the North corner.
Nearly opposite is the avenue that leads bacl
into Concert Hall. Stanifords store opposite i
situated little to the South. We shall expec
to show that on Saturday eve, on the 2lst of May
after the labors Of the day and of the week were
| closed, Mr.. McKcen WAS met by some of hi,
friends and associates. That at about nine O'Clock
| they sat down to play game Of whist; that about
II o'clock, when everything was quiet in the store,
when they had no notice fear Of any danger,
they first heard trlmping the sidewalk. Some
one shook the door with his hand, and some one
| spoke. but what was said was not understood.
Mr.. McKeen for the purpose ofascertaining who
was outside went Immediately to the door follow
Ell directly by his qssnci9t,s. The place whore
! they were plaviag was about - feet from the
! door His associates arrived at the door about a
minute after McKeen's arrival.
McKeen stepped on to tha st ps. This step ex-
tended across the whole front Of the store.
The person who came to the door at the same
time stood on the left of McKeen on the
r'tfa IleV I'm neuiatclV af1cT DolttiNti Il itN
persons few feet above and at the left, from
to 10 feet at the North from the store. One of
them was rather tall, and the other two rather
short. Mr.. Mekeen directly asked, why they
pounded on his door?
They walked down the side walk, the tallest
being on the inside They passed down just be-
low whore N,Eean and his friend s-'od
Thcr tr. N,Eoea p4t another inquiry, who
was it uouu}.l aa ny door," No response was
made Again he made the inquiry, and then oue
If the short ones who bad hcen standing in the
center, Ief his position and came around partially
in front and took bis position North ana in f.ont
Of Mr. NcKeen. He addressed NcKeen with this
reply. stan ling abont five feet from him. sup
pose shoull say it was M, what are You going
70 do about it, Oae or the other in reply made
use Of .ma oppro6ricus language such as "Yon
damned son Of bitch
McKcen then started Z 20 downiUpon the side
walk while the otlar persons who used this Ian
guage met him. tmmeiiatslY meeting they
began - towards the store aad in less than
half minute McKven fell on the side walk. The
other person fell nearly top Of him. not falling
fIlly down. b1t with his hanls resting on the
breast Of Mr.. MeKeen. His feet lay in the dre,-
tioa Of the street. inclined little Southwapd.-
" Take him OF, the bugyer is knihng me-" sail
Mcheen, AMI the man was then taken of. The
taller person then stepped partially into the shade
If Mr.. Warmers store, then stepped up to the
side of NlckaeH. and in noiiatelv all three fed
They went iowa Collsge-st., in the direoti0n Of
tho Lake AMI nothing more WAS seen Of them till
the next morning.
1t will apnear also that when McKecn ea,no t.
the door he vasin his shirt sleeves, aud exhibited
no lempnstrl-i11s pG violence towtris the person,
and sai1 nothing a1-rily that ne expired imme-
diatelv a1i sail nothing except what has already
been mentioned taat Mckeen was taken up and
carried into tao store AMI laid upon the door and
soon after was lail upon tho counter and within
l~s,1f l,fr ar hn
near the pllc, whar' ne was first laid. The test-
mony viii alSs show that from tn time he stepped
from the step till the time Of hi. death was not
more than minutes.
We intend to show that nearly all the evening
these three persons together at Faiths and
left it shortly before this affair as committed.
We intend to show that just one week previous
TO this event, the l4th day Of May, 1883, two
of those persons, Mcdonnell and Rain, went to
this same place where this party and some others
were engaged in the same amusement. They went
to the door and pounded it, and used very pro-
voking and threatening langage They suspended
their abuse and again resumed il and made that
night two or three similar demonstrations, using
threatening and abusive language. McKeen vent
to the door to see who there, and on opeaing
the door he those two persons, who left again,
but soon returned and said they then ready
for them, and used language Of a very a5u-
sive character. We shall show also, that on
the night of the l4th at about / o'clock at night
a person strongly resembling McKeen had occasion
TO pass down on the other side of the street. when
one of these persons said: There goes the damned
son Of bitch, now" and the persons crossed the |
street together. We shall show that these persons
thought his person to be McKeen.
Gentlemen of the Jury; l have stated to you |
the circumstances connected with the homicide. |
We shall show you that Mcdonnell held the knife,
and that Balm, when he saw the friend Of McKeen |
take Mcdonnell off, attempted with threatening |
language, to prevent his friends assistance.
The States Attorney having completed is state
nent Of facts, Mr. Chittenden, council for the re
,pondents, spoke as follows