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

oner 70 snow what that evidence
L Rsbutting Testimony.
z SAMUEL HUNTINGroN recalled. Witness-I saw
: no mark on MODS face when arrested him I
3 walked with him from Whitnev's blacksmith shop
to the Jail. which is about fifty rods He was at
! nv right side. looked at his face. went into
jan with him and left Immediately Didn't SEQ
him after that until the next morning. I never
noticed any mark on his facs at ALL
, CToes-er17'iasd I made no lurther examina-
ton OF McDs taee. Don't think I looked with
, any particular reference to any marks. Remem-
Der Of conversng about the appearance of his ooun-
tenance with some persons, and therefore think
looked at him. Did not look for any mark, not
having heard ANYTHING about any
ORLANDO K. WHTrCoNB. sworn. Was one Of the
Jury at the trial Of Nod. Balm and Reilly. Had
Few minutes conversation with Balm at his
house next dav after the trial was closed. He
said that Wight Logan and Bliss testified as nigh
as he could.
Cross-er7n,'asd. Think Mr. Luther Bates was
there and J. I Sprague. Believe I have told
all he said about their testimony. Don't re-
member his SAYING that the scufie took longer
time than was described, all three went there
ana come away together. Think Rates commenced
| I1ikinS about it but cannot say what 1t was.
! There was no one else there that I knew think
| sone ot his family may have been there, should
/ think Mrs Balm
| LUTHES VI. BATES, sworn Was on the iurv at
the first trial Of tbs ease Went M to Nr. Bain's
| next day after the trial with Mr.. Whitcomb and
| another iUryman. 7 spoke 20 Rain AMI said that
/ Logan. Wight and Bliss seemed Z, try tn tell the
/ truth ms near they could. Rain replied az 10
/ their testimony that they might have been Candid
| but wore mistaken as 20 the time spent at the
| door; thought it was longer than they stated He
/ said no'hing about il that remember.
CToes-er1nnsd Think it was the same con-
versation that Mr.. Whitronb spoke Of Part Of
the time he talking with Balm and with the
Old LAZY. There was good deal Of conversation;
we were all talking together.
SELDIye P4rEE, sworn. Saw Mcdonnell about
o'clock on the morning Of his arrest; was with him
about three quarters Of an hour. I should think:
had conversation with him-he on one side Of
he CRATE. and on the other; met him in the
,treet and went into Jail with him; could see his
face readlv-was looking him in the face; my face
was not more than two feet from his should
think. Was on the COroner's jury; sat second
from the south end Of the front seat in the Jury
box Did not give attention to the appearance Of
his face while he under examination; did not
see any bruises or evidences Of violence about his
face
"y0ss-sremizsd d-Tn that conversation MoDon-
nell gave me account of the ARRAY.
TIMOTHY PrrERs caHed. Was one Of the Jury
on the last trial Had conversation with Kelly
N front of the jail on the morning after the YER
DICT was rendered. in the vard I asked him if
Wight, logan ard Bliss testified to the truth; he
said: g Yes near as I could"
Cross-sr1n,i7qt qtion p do. call KeIlvs atten-
tion tn anv particular part of their testimony. or
any particular fact testified to by them or either
Of them. Ny attention has not been called to that
subject until yesterday. Mentioned no name. in
talkius with Kellv-spoke of those three in the
shop; don't know anv body else was near at the
ttue; there eight or ten in the yard and Jail
house; don't think any one else heard it.
". IT. LoGAv reeqHs4-The kev-hole Of the
yrI+h fha rfvhf oF
Mcheens death Balm approached McKeen but
once; no one stepped between Balm and MeKeen
when he was approaching, that know of.
oss-sr47irsd.--Did not put paper in
the key-hoe- or see it done; It in
there. and Mr. Wight said he put it in;
examined it. and went outside TO see if could
look IN That after NcKeens death. I could
not look IN bit 7 maintained my position on
Che step throughout the affair I examined the
paper next morning and again Tuesday did not
examine 1t in the evening with ght in the store.
l think the store was locked when Mr.. Wight
went away to his meals between Sunday and Tues
av. Think likely the store was locked that
night after Nckeens death, but do not know.
: = FERRT sworn. Have occupied for several
years portion Of he store where McKeen was
Sliled- There was a large iron lock on the inside
't the door ard a mortsed lock in the door. The
Sey-hoie Of the mortised lock did not go through
me door, but only into the lock from the outside.
l ne whole Of the other lock went through the
ioor The mortsei lock was in use at That time
% secure the door The key-hole on tn It occa-
ion was closed-stopped up with paper From
ny store to Spears drug store is about SIS feet.
t75's-Er- l made no examination of the key
ioie that night The next morning I noticed it
vas closed as usual. That was before daylight
SIMON r. Fits sworn. | was one Of those who
vent TO look for Mcdonnell and Balm Sunday
morning. First saw them near the bridge by
'hlen "lnooski Avenue crosses the Railroad. It
'as not TAR from Mr.. McDonnell's house. The
oys were headed that way. The two McDonnelps
hd BAN were together no others with them.
y 3. FLANAGAN, recalled. first saw McDon-
ELL after his arrest, after he was put into Jail.
iw ms face. | think l changed him to another
ELL but an not sure. l saw him or times.
otlced no discoloration mark upon his face. I
ad conversation with John Kelley FIVE or six
eeks ago on Church Street,-it was about Nc
cen death. He said he saw no blows struck By
Ither party. He said Med fell on top
'toSs-eE eEdn1iHatto1. made no particular exam
lation OF MoDonnelPs person after his arrest.
ne conversation with Kelly was commenced By
e. held the conversation at the request of no
ne | once informed Mr. Roberts of rumor of
nat Kelley had said L think I afterwards told
r. Roberts had seen Kelley and talked with
I'm ABOUT this rumor, and was satisfied there
othlng IN it. Kelly did not give detailed so-
'unt OF the affray. Part Of what he said was in
lswer to questions from NO. and part not.
H. NJ. WIGHT recalled. The keyhole was closed
lat night Balm did no. approach Mcdonnell
ID Mckeen more than once during the ARRAY.
o one stepped between Balm and them. Heard
, challenge or stumping to come back ths
art Of McKeen. Did not hear him call Med.
help or threaten 10 kick his face of.
II, o. HOWARD, swo-n. States Atty proposed
show by witness that Balm was at McKsenIs
ore the Saturday night previous TO ths homi-
lie. Objected to by the defen Sc.
Adjourned to o'clock Monday.
SEVENTH DAY.
The question of the admissibility Of Mr.. How
ds testimony was argued pro and con by the
unset for tho defense and the State. The Court
cided that Mr.. Howard's testimony was too re-
'te and uncertain to be introduced to impeach
inns statement that he did not know McKeen.
j. FRENCH, sworn. assisted in the former tri-
of this ease, and took full minutes of the testi-
my Of Wight, Bliss, and Logan; have not
impaired those minutes in detail with the tssti-
my Of those witnesses on this trial. They tes-
led at the last term substantially as they have
this trial; with one exception I recollect no
crepancy; which is that Mr.. Logan testified be-
e to some such remark as "sail in then" which
now says he does not remember.
Cross-erdH alton. Mr.. Wight testified before.
1t McKeen and Mcdonnell had some sort of
nch as they came together; could not see how
ey had hold of each other. He also testified
1t as Mckeen left the step his hands were raised
the level of the elbow; could not see his hands;
% that McKeen stepped towards the short man
lcD.) who stood about six feet from the step;
10 that il was less than minute after Nick. left
. step before he fell. Bliss testified that a.
* stepped down McD. approached him and
ere was a clinch
I. E. WALES recalled. Balm testified before
coroner's jury that they left Faiths saloon and
re gone fifteen minutes; went out to Church St.
up to Fay's and then back to Faiths. Mr..
ales also read portions from his minutes before
coroners jury; had no minutes or recollection
Bain's testifying to any mark on McDonnelPs
%.
After testifying that McKeen struck Mcdonnell
said that Mcdonnell ran up to McKeen again
ore McKeen did anything more-thas Balm said
went up to tho parties TO see what they would