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


The parties, then, were clinched and re-
NAMED SO from half minute to two
minutes. What were they doing Some
thing doubtless, besides whisper love in each
others ears. They were in a struggle for the
mastery, and if you call it but halt minute,
there was time enough for Mcdonnell to
draw and use his knife ten times. This con-
fict was, we say, of McKeen's seeking, and
the wound which terminated it, was inflicted.
we contend, at the latest moment, and the
knife was driven home by the fall.
The various points Of this account OF the
transaction were illustrated and enforced by
the learned counsel by reading numerous
passages from the testimony. Here, at the
suggestion Of the Court, Mr.. Roberts sus-
pended hIs argument, and Court adjourned
for the night.
EIGHTH DAY.
Nh. ROBERTS FLEA-CoNcLUDED.
At the opening of Court, Mr. Roberts
resumed the thread Of his argument, went
on to examine the scientific testm my. He
claimed it TO be decisively settled by the
testimony of Dr. Thayer, that in an erect
position the heart is too far from the breast
tone to be perforated by as short blade as
that Of this knife; that the knife must nave
gone home while McKeen was IN a reclining
position resting on his left shoulder that
the cut lr IN a backhanded blow would have
been wider. and that the knife could not
have been struck drought the firm breast
tone by q single bow, from a man no strong
er than Mcdonnell; and that death must
have instantly followed the perforatioon OF
the heart without any opportunity for a
struggle after the wound. This settles the
point of time. II was IT the latest moment
of the conflict that McKeen received the
knife. in his breastboLe; he threw himself
back naturally, and with the added force OF
McDonnell's body pres sing against his, he
fell, and in the fall by the weight Of bis own
OF Med, s body the blade was driven to Its
destination. The States theory that the
knife must have been drawn before the res
pendent entered tie afray, is to be adopted
only if the Jury find II 70 be impossible that
the knife could have been drawn during the
scufla but every juror can satisfy himself
that It could have been drawn by any man,
and all the more readily by the nimhle,
DIacticed fingers IF this printer boy.
All the other points arc settled by the
States evidence; but they do not rest on that
evidence alone the testimony of Balm and
Kelly. is distinct en- these points. In every
material part they confirm the evidence OF
one Ut more OF the States witnesses, and they
add facts which the others did not see and
hear Mr.. Roberts went into an extended
analysis Of the testimony Of Balm and Kelly,
c0ntendng that their testimony was consist
emit, and unmpeached in any important par
ticular. The effort to discredit them hy petty
DISCREPANCIES and 0 inteI q conspiracy 10
hide OF prevent the truth, was an attempt 10
draw out leviathan with pin hook.
II conclusion Mr.. R. remarked that the
jury had it IN their power to give verdict
of guilty, cJnsigning their fellow man % the
gall0ws, or a verdict Of manslaug ter, which
would leave him in the Courts hands, or
verdict of not guilty which would set him
fire., There was no reason why they should
deal hardly with this boy. Ii there was q
doubt he should have the benefit Of it. The
case, he wa happy to know, was not one
that need trouble the conscience or tax the
scruples Of any person. Justice does not de-
mand this life, and with great confidence he
submitted them the case.
Mr.. Roberts was followed by z. Chit
tenden, ESQ, also for the defense
Mr.. CnIrrENDEN's PLEA.
If this were any thing less than trial Cor
capital crime, Gentlemen oftheJ Jury, should
leave the case after the discussion and inves-
tigation it has already received, sure that
Won would arrive at the proper conclusion
and | shall not, as it is, 60 into the evidence
in detail. It comes from few witnesses, and
must be fresh in your minds. It has been
fully commented on by the counsel who have
preceded me, and l shall confne myself to
two or three propositions and treat the case
as applied 10 them.
One fact weighs upon US, as counsel for
the respondent. The Court will tell you il
should not influence you but you are human
and it cannot but affect you to some
extent The respondent has, before this,
been once tried and convicted Of this same Of
Tense. But the Supreme Court has decided
that the conviction was torong. that they
could not carry it into effect, and that in
fairness to the case there should be a new
trial. and vour minds should not be nfu-
enced by the fact OF former conviction.
We cannot be better occupied for a few
minutes than in seeing what the Supreme
Court has said about this case. Their opin-
ion should have weight with every one called
upon to judge.
fMr. Chittendeu proceeded to read the de-
cislon Of the Supreme Court at length. tx
cepting few sentences touching upon points
not now in the case. THIS decision Of Judge |
Redfeld was published In the FREE Pass Il
short time since, and we do not need TO re-
peat it.
ask you 70 apply the law, 50 laid down, |
to this case, and with your verdict l shall be |
satisfied
Let.ns see if anything indicates previo
malice. A II the evidence of malice previous
TO the ARRAY is given in the testimony of |
johnson. The States Attorney has prepared |
bis case with great labor, AMI no one can say
that he has omitted the least effort to secure
conviction. Yet be has not brought the
sligl test evidence that Mcdonnell ever knew
or saw McKcen before that night. Men en-
terrain malice for some reason. If there had
ever been any difficulty between these two,
would not the prosecution have produced it ?
Mr.. Chittenden stated the theory of the
prosecution. and that Of the defense, which
have been already fully set forth He then
went onto make some remarks about the
testimony of Wight, Logan and Bliss-point-
ing out few variations IN the testimony as
given at this trial from that given before the
coroner, especially il regard 10 the clinch.
and the time the struggle lasted, not assum-
ing because their testimony varied. it shall
be impeached and thrown out of the case,
but that the jury might weigh it properly.
He went on to show the probability of
every occurrence as testified to by the wit
nesses for the defense how natural was the
looking into the key-hole, the exclamation,
and the dialogue that followed. We don't
claim that any one was intoxicated in the
store. If they chose to play whist and drink
whiskey, it is none of our business, except
to draw the inevitable inference. McKeen
was a quick-stepping, vigorous man. His
course does not show any anxiety to avoid an
ARRAY, and would not glass OF two of