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

him more ready for one? And how natural
his exclamation to the parties up the street,
when he came to the door.
The prosecution claim to have proved that
Mcdonnell stood about feet from McKeen,
and the two advanced 10 meet each other;
but how does the testimony agree? 1t IS
shown that Mckeen stepped two steps. That
would have brought him within striking dis
lance OF Mcdonnell, and if both parties moved
they must have passed each other. Why die
McKeen 90 down from the step? Why raise
his arm to the elbow, accompanied with the
remark testified to? 1t does not seem as il
there was much needed to prove purpose Of
collision on his part.
Ny brother French says that when the
party came out OF Faith 3 they crossed the
street, it was to get out Of the blaze Of light
from Faith 5 Saloon. You have been 1T the
spot, gentlemen, and can judge how lmplSsi-
bic it is for blaze of light to penetrate the
darkness, from that alley eight r0Js in-o
Church street. Nv brother would hardly
have made such remark If he had ever tried
the experiment for himsel'.
Let US see who was IN the best position
to see the affrAy. These boys had been out
of the light for some minutes, their eyes had
become used to the darkness, which every
one knows, takes little time, IN coming
from a light room directly into the night
They were boxing in towards the light, the
door then being open, while the OF crs had
Just come from the light and We're boxing
out INTO the darkness.
How long did this affray continue? it Is
an inquiry OF considerable importance. The
estimate Of time varies, as 1t always does
in such cases. The time chat one Will es-
innate as one minute, another viii call five.
( Wight, before the coroner's jury, used the
words - less than two minut.s;' now, all
the government witnesses say the affair wa
instantaneous. Il we suppose q cliuch, it
supposes also a struggle, the two 60 toseth
er. And l lay down rs proposition on
which will risk that mans lie, that if there
was a clinch and struggle, the knife WAS
not used till after the Commencement ~ tuo
ARRAY and if SO, the offence Is not murder.
The prosecution has made a fercc attack
upon Balm and Kelly. lido not care ifthey
are proved Troyerbia liars; one tllne is
| certain, there is no single important fact OF
/ their testimony not sustained by probability.
! If there had not been some contradictions
/ in their testimony, ii they hal agreed in
! every point, / should have d srus,1d their
truth The two were m1ro,ed down here
! last Nav. separately, and put through e.
| rigid examination. You could not expect
/ ths coolest headed man in the world, % le-
| late his story IN such Circumstances as Ca.U-
! w as witness on the stand es in ordinary
cases. The States Attorney has by dA.--a-
search succeeded in proving that their te=.i-
mOny varies in some particulars from what
! they gave before the coroner. Has ie proved
| that IN single substantial point Balm ,-s-
tmonv is ut variance lie has put up5n
| the stand as honest q man as there is in The
/ county 10 testify to am admission OF Balm
/ about the testimony OF " light. Logan and
/ Bliss. Yet how IS Mr. Wblt-Jmb mistaken.
lie saws that in answer % question .r.m
Bates BAN said they "tolj ss near 4s
/ could" (The Court here read Mr.. Whit
/ combs testimony from his Honor minutes
/ Mr. Bates SAYS that Balm slid they might
( have been candid but were mistaken a1 .ut
! the time spent at the door. NJ Il ra
/ That might have been another conversation
! Why does my friend say THAT Is II fair.
/ | say both conversations were the same.
! These jury men went up and wanted TO know
/ of Balm if the witnesses dIjn { testify true.
/ He, happy to have escaped the 54es o. Oh.
law, wasn't going 90 quarrel wiki -Aaf
testimony. This was all he meant. i
shows how dangerous IL is T. rely uF pm what
! a person says under such C.rca-.stl0-
| claim Tor BIin as much crell- .s .r
/ either one OF the witnesses on tie ., .-r side
I have one more p int On which wish q.
: speak, but viii close here tog the E-,s--c.