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

Henry BGowN, sworn. Know the pris-
oners. Mr.. Hard stated that he proposed
TO prove by this witness that two of the pris-
oners were at Mex 5 store speaking through
the keyhole and making noise.
Objected to by defense, that the fact that
they We're there talking through the key
hole, showed no criminal intent, and unless
it can be shown that the language was ad-
dressed to McKeen, it Is inadmissible.
Court decided that the testimony might
proceed
Examination proceeded. passed the
store SATURDAY,, week before the killing of
Mcknight been O'Clock or 10 or IL.
Came down street-somebody called me and
| saw Balm and Mcdonnell sitting on the
steps Of the shoe-stOre next to Mr.. Warmers
store. | went to them, spoke few words in
a friendly way, said - boys you better
come away or You will get into a
fuss hallOoing there" Then came
away down the street and the boys followed.
One was sitting, and one, l believe it was
Balm, standing by the side of me so dark
could not see very well heard but one max
ing noise, and but once, not very loud or
of much consequence could not tell which
it was made it, 1t WIS Just before the door,
the key hole was behind the back of the one
sitting. He turned round with his face pref
ty close to the key hole. They came slowly
behind me as l vent away. Saw no light in
the Store ; had known prisoners by sight for
some time, but had never spoken to them.
Stores in the neighborhood were closed; think
the Band was playing at the time. Cannot
fix the hour of night, suppose | went home
about nine O'Clock, but can't say.
Cross Eraauned. Passed a few words
with the one sitting on the steps shook
hands with one, perhaps both of them.
Know young Edgell-don't think he was
there knew Balm was one, but couldn't
say that Mcdonnell was there-it might
have been another man.
Redirect. Don't know as both sPoke ~
was sometime since eand witness :, ,aIn Aep'
his head clear for court matters Daih WIS
nearest to witness
Me- HowARD's TESTIMONY.
II = Howard, sworn. Resides with j.
7 Rrusmaid, have been with Mr.. Brins-
+,,aid two and half years Was quite we'll
acquainted with McKeen somewhat ac-
quainted with the prisoners, Balm and
Mcdonnell ; had known them by sight. per-
haps II year. Had spoken with them fire.
quently.
Was at McKeen's shop on the night of the
l4th If May. Went into the shop about half
past Q; remained to between 10 and II ,
playing whist the fore part of the evening.
Wm Logan, Mr.. Wight and Mr.. McKeen
were there; all playing. Some ono came
to the door about half-past or 10; stepped
on to the steps and said 'sWhat the devil
is trumps? what are you doing?" or words to
th r effect No answer was made Some one
said again, through the key-hole $50 home
old tinker III tell Brinsmaid. They stay
ed and talked, three or four of them. Soon
one took hold OF the door and shook it pretty
hard McKeen told them, if they wished
any thing. TO come in if not to 60 away and
ct the door alone. One replied :" By God,
| shan't 90 away if you think you can help
yourself, come out and try" Remember no
reply Soon one said again: You damned fool,
YOU daren't come out" We then supposed
they went away. They returned again in
Is or 20 minutes; came and shock the door
quite hard and stamped on the steps, and
asked if we were ready to come out. Think
McKeen then told them they had better 60
90 away. Some one outside then said I" You
come out here, and by God we'll fx you"
They then went away. At the second time,
l think, McKeen got up and went to the
door to see what they wanted. Logan went
to the door with him. As they opeaed the
door. the parties outside ran away. saw
two, ,1ore tall man and one shorter, run away.
and thought heard others running down the
street. McKeen asked, a. he opened
the door: What will you hsve?' No
reply was made; they ran immsdistely.
The door was closed and McKeen came