Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-04-20

retlred from the court room the point as to ii
admlsslt lllty of the question argued at lengtl
The Court decided that nterrogatories cOncernln
the transaction of Saturday night previous wer
not admissible for the purpose of showing malic
on the part of the witness respondent; but woul
be admi ted so far as connected with or hayin
tendency to impair the previous statement of tn
witness that he had never spoken to Mckeen.
Cross-eraD1in alton resunief.-W Witness EneV
where Mckeen worked; was at tua door Of tina
shop twice on the Saturday night previous b.tweel
10 and IL looked into the store through the key
hole, and spoke through the key-hole, two or thre
times-saw a certain person, Mr.. Howard, in there
and asked what he doing in there, and ;olt
him to 60 home or [ would tell Brinsmad Of him
Somebody replied from the inside; don't know
what he said, witness was then leaving tho door
That the last time. ] did not 60 back a.tel
they came to the door. Did not hear any one say
"Go away" You'd better stop your noise, -
heard somsthing said as l was going away; bat
did not understand it. Did not know that they
were coming to the door till I saw the door open,
| when | was down street some distance. Did not
! hear any remark made by Mckeen, at all. I step
ped into the alley-way when they opened the door.
| Saw Mr.. Howard in the store Never bought a
trunk or any thing else Of McKeen, or had any
dealings with him, or went into the store
while McKeen was in it, or had any misunder-
standing with him. or had any thing to -av to him.
W hen we lett Fatl wc t.. Lt ol going home. l
said it was time 10 2 hsue. and we started out
We turned down on the East side Of Church street
a short distance, and then crossed over 10 the 9TH
er side The direct way home would have been TO
turn and 90 up the East side of the street.
When got out We thought We wouldn't 20 right
home and started across the street had no talk
the subject, but | went on and the others fol-
lowed had no particular object in crossing, ex-
cept to pass away time. After crossing, cOEclul-
ed to 20 home, and turned up street-dii not stop
after turning, before We reached Ferre store
F1FTr DAY.
JOIN BAN Cross ann alton yssuvs1 We
went santing down across the street, and when
got across turned NJ tho street. The others did
not stop till they goc up to Spears Drug Store;
| stopped at the key-noIe, tlat was th only stop
made, till joined the others; crossed over
near tt e south window Of Warmers Store, by the
alley between Warmers and the Beehive; did not
all stop opposite tn. north window Of Warmers
Store. DO not remember that swgre before the
Coroner's Inquest, that We all stopped opposite
Warmers north window. We did not stop. as we
went up, opposite Ferre's Store-d0l't remember
that so stated; | believe that 1 stated before the
Coroner's Jury, that after we crossed we all went
up the street, I on the outside and Mcdonnell in
the middle walked up. not very slow or very
fast side by side until I stopped to look into the
the key-hoe; Mcdonnell was next to uc. Saw
a light through the key-hole, and persons sitting
there thought they were playing cards; the key
seemed 10 be in the key-hole, but turned so e-
not to close the hole entirely am positive could
see through the key-hols, and that saw persons 7
inside; I also heard them talking They were
strangers to me, had no special object In speaking
TO them through the key-hole except % see what +
they doing; had no particular idea or desire .
70 know what they were doing, but took notion .
10 look IN and speak to them; snd did so. The
.thers walked along at about the same gait
when I was walking with them. Did not hear
hose inside start for the door before left it. We
iidnt travel any faster after left the key-hole than
before; were nearly bySpear store when they came
nut Of the Shoe store; when they spoke we stopped;
ouldn't say who spoke. We returned after
top of half q minute. They spoke t1 US more
han once, should think three or four times. .
efore we returned. Thsy said they stuuped Us
o come back, | didn't understand all they said,
ec0llect no other expression. l believe I said
let US 50 back" The other two made no reply
hat | rememi err Am positive itwa~ not Nc
)onnell who said 50 let US 60 back" don't re-
lember how l testified before the corauers jury
5 to that, think l testified then as uow--3Ju not
ertain that testified that l used the expression,
let 20 back. As soon as the remark was
lade 1 started along back, then saw persons
landing at the door of the store and when I got
own three on the step and one In the door;
ould see that there more than one, when we
arted back. Went back because they called us
ack, and because wanted to see what they
anted. l didn't suppose anything as To what
ley wanted. We went back side by side. I was
lside next the buildings | dill not recognize
ny OF the persons who stood at the door-did
OF know that it was McKeen who stood there,
id not testify before that I knew McKeen; but
dnt Know the others, couldn't rec Euile any /
ne it was so dark. I testified that McKeeu stood
lere, because had heard afterwards that was lis
ame and l knew that he must have been one
no WAS there had not learned who WAS there
,sides Mckeen. with the exception Of Mr. Bliss,
t-,,ar ~ -r-ff d .,+rr
opped first. When we got back opposite the (
'or said ''here are. IL was very soon
terwards that Mcdonnell remarked Suppose it y
rs me- / don't remember whether I testified d
fore the coroner'S jury that he stepped up 9
side me and said that l heard him say suppose |
20 feet south Of Mcdonnell, four or FIVE 9
ct from him towards the inside Of the sidewalk. C
CD. was very little below the door. Kelly was 7
ar one Of the posts on the sidewalk, below me \
ID further outsides little outside of Med. should
y about feet from him. Think we remained in b
is position until the scufle McKeenrcpIied to I
CD. remark ''if thought II was you, you ID | {
tile whelp, I'd kick your face of. He used the '
crd 'd-d; believe l testified so before the v
roner's jury. Med. said he cou dn't do il and /
id, sail in you s. of b" Think I testified y
before the coroners jury. Think I testified t
at Mex. said he started from the step. y
what's that you call me ~ When Mckeen started II
wards Mcdonnell, Med did not start to 20 to- c
irds him; did not start before they met, after ;
wing "suppose it was me-" Did not testify be- J
re the coroner that he had stepped step so a
rward when Mex. met him. Mckeen struck E
cDonnell once on the left side OF the head on V
G cheek near the eye; the mark was visible the l
xt morning. saw the mark under his eye, the o
eek was blackened-not very black and on "
g cheek bone was a red spot. 1t was plain to b.
seen next morning. [ saw it about daylight, B
were out on the Colchester road when first a,
" it. Don't know how long the marks remain W
them last that morning; did not see them OF
terwards, for he put into Jail. Think they Il
ire plain when we were put into Jail. Don't re- II
,mber if | testified about the marks before the st
roners jury think l did. Couldn't say whether 81
cKeen's fist was closed or not when struck the W
ow. WasloOking towards both when McKeen fo
lrted towards Mcdonnell; was not looking to g
where McDonnells hands were, know they hi
re in his pockets. He took his hands out NJ
er Mex. struck him. Mex struck a hard blow; NJ
Knocked Mcdonnell one side little; when Nc W
'nnell took his hands out, I believe be raised pl
EN- up, guard, if he was expecting another NJ
wv; didn't see any more of his hands after they Ii
nched; the clinch was right after the blow as NJ
ey came together. Mcdonnell did not run up NJ
Mcke n, because McKeen was close to him; may Xxi
We testified before the Coroner that Nc Donnell RI
4 up to Mckeen and tried to strike him, and 81
1T Mcdonnell did not strike very lften" but IN
could not have run up, because they were close cl
yether; McKeen's blow staggered Mcdonnell, bC
d he stepped back to his place again. think l 10
testify before the Coroner that Mcdonnell ran
to Mckeen &c. McKcen put his right arm tn
'und McDonnell's hody-around the neck or 10
ont the shoulders; the scufle that followed lasted W
out minute, should think; don't know that ID
d before tho Coroner, how long it lasted-think et
aid they scufied some seconds; they we're scuf- al
lg when approached them-were standing up; vi
preached them before Wight or whoever it was, st
opposed to take Mcdonnell off; I stepped up and NJ
od there until Mcdonnell and Kelly went down vi
eet; then l went after them; stepped up twice; m
ce when they were scufling; oame be- te
cen and them and told rne to stand back; [ IN
pped back and stepped up again Mcdonnell re
S leaving; stepped up to see if McKeen was
TT, as heard him say something about knife. 81
mt know what made he step up; il to see at
be was hurt Did not testify before the Coroner P'
stepping up, or trying to step up more than Fl