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

other TWO WENT don't know why they weni
We crossed the street about the southeast eorne
of Warmers store. Don't think testified befor
, the coroner that we crossed over 30 Brinsuaid.
above Ferries store When Balm spoke throuq
the key-hole, Mcdonnell AMI I were walking n
Church street. Don't think that testified befor
the coroner that were standing still in front q
Brinsmaid's store, about the middle of the side
walk, not conversing with any one Was no
looking at Balm when he spoke through the kew
hole. Supposed from what he told US that h,
spoke twice. Think I testified that he told ns h
spoke through the key-hole Can't saw if Raj,
shook the door or put his hand on IT, Don't re
member what L testified about it. Should think
about four men came out of the store thought al
the time there was fve-think l testified there
were five. Didn't see these men before turned
to go back believe | saw one man when wo were
! turning blackboard but one man think 7 tasti
fed before the coroner that when we rot near
Spears store, i've men eame out of the shoe store
! and stumped US back again. bat don't say so now.
Saw man when turned round-saw the 9th
ers when we got pretty nigh there. What was
said when We got near Spears store was al st,lmp
| you to come back" or dare you to come back or
something like that Didn't wait long before we
came back-long enough to turn round Balm
said, believe, diets 90 back" that was all that
| was said /; we were turning round am not sure it
! was Balm, but think so. Whichever it was don 7
think it was said before we turned round. IF
Mcdonnell said it, don't know if he hesitated
little as If deiberating whether he would 20 back
can't say if testified that he did before the cnro-
ner We went back slowly didn't notice Med 's
hands as we went back, or whether he had anv
thing in them. Think McKeen said 10 Mcdonnell:
50 ou ought to have your little whelp's face kick
ed off,; he said whelp, or scamp, or something
like that. Don't remember that testified that we
three were standing within foot of the step when
the clinch took place-might have testified so. but
t1lnk not. Don't think Mcdonnell approached
Mcheen at the same time that McKeen approached
him; think | testified before the Coroner that he
did, but am not sure; WIS Standing near the post
10 or u feet from McKeen, ,,ueA saw him strike
Mcdonnell with his fist; think Nc onnen was
ABOUT as far of; the post was 10 or 3 feet from
the door; Mcdonnell was the outside Of the
sidewalk, little above the door. Just before
Mckeen came at Mcdonald, I saw Med -nneII's
hands IN his pockets; I saw McKeen's fist closed.
and saw him raise his hand when he got nigh Nc
DonneIl, to strike him; Mcdonnell took his hands
out when they clinched, after the blow; saw hut
one blow struck-it hit some where in the face
1t was pretty good blow should think. Don't
think testified before the Coroner that Mcdonnell
took his hands from his pockets as McKeen ap-
preached to strike him; didn't see him put them
IN his pocket again.
Court remarked that it was quite evident that
the Jury must be kept over Sunday, and theIeupon
adjourned.
SIXTH DAY.
JOHN KELLY Gross er1,Hia 7ti9r rssu71ed- did |
not see more than one blow struck. Couldn't tell |
how they fell don't think Med. tell on top Of Nc !
h. don trecollect that $50 befor the coroner
might have done One Of the pulled Nc |
D. away,-don't recolIect that I testified before
the coroner that he pulled Mod. Of.
When we left we all started of on a slow trot. /
was in Jail with MsDonnell about months. 1 /
was released after trial. Have been q fortnight /
in Jail with him since. About two weeks before 1
the opening of his term Of Court. Was with /
Med. more or less, not constantly in Jail, could
talk with him when l pleased.
went back when they stumped US back, because
The other two did; did not 90 back to see what
hckeen and Mcdonnell would do % ach other; |
iont think I so testified before the Coroners Jury.
Mcdonnell did not have any thing in his hand,
hat knew Of, as we stood at Spears Store l
-now Mr.. Timothy Peters, Of Shelburne bv sight;
ouldu't say had conversation with him az the
all, the morning after | was acquitted; talked
With some jurymen there-mght have talked with
i'm. Never told any person that McD onnell took
ut his knife as we were standing above near Spears
tore nor any thing like it. Don't believe I ever
poke about Wight's Logans and Bliss testimony
0 any one in my life. Had a conversation with
ir. Flanagan about or ( weeks ago; don't
ecollect that told him that saw no blows struck
Y either McKeen or Mcdonnell; think I did not
ell him so; did not tell Mr. Flanagan that as soon
the two came together they fell; SIR. Flanagan |
lid he wanted to see me, he had heard said that
lcDonnel took his knife out before he went there.
told him didn't say no such thing. ] asked him |
hosaid so. He said he iidn't know who. I told
imI would 90 before the man who said so, if
new who he was and SEQ if said so. lie said
10 matter let it 60, He told me to be a good boy
I'd when I went into Court to tell the thing lust
it was, and l told him l would; hat was all l
I'd to say to him. Don't think I said in that
nversation that Med. fell on top Of Mex or
lything more than 1 have repeated
Direct examination resumed. I have not a dis Z
net recollection of what I testified to before the
roner's jury, as TO all things. I was then b
ghtened, just taken out of jail; have had more v
me TO recall the circumstances since, and think
testify more correctly now than then. I read Y
e minutes of my testimony and that Of the 9TH Il
s as published in the papers soon after it was y
not read it or heard it read since. =
Cross examination resumed. 1t was ell Of Sun b
y and part of Monday, after my arrest before l a
Is examined.
II. l.. CHITTEN DES, sworn l attended on Mon n
y at the coroners inquest, in behalf of Med $
Is requested to do so by McDonnelTs brother c.
onday afternoon l met Bain's father who wished \
TO act for Balm also Monday / appeared with n
r. Roberts, and asked the Court that we might "
pear and take notes. in behalf Of respondents as *
natter Of favor. Mr. Hard said that this could e
t be regarded as an examination Of the parties
which counsel has right to appear for them II
{ the purpose was to ascertain the facts, and so
as action might tend to bring out the facts m
lid not understand him to object to our acting ol
cted on that idea throughout, that our permis- "
n to appear was matter Of favor on the part of N
} Court and States Attorney, and that we had | n
right to object to anything that took place and NJ
ording to my best recollection we made no OBJ &C
tons. al
will not say that Mr. Hard objected in form to
examination on our part ; but during the ex- tt
ination of one, think Of Logan, Mr.. Hard AZ
d substantially to the Court-that he thought ! Y
examination was partaking of the character of NJ
cross examination Of a witness on a trial, and pi
as pressing it farther than ought TO be done un-
the circumstances. At that suggestion l !
pped the examination our part. The prin-
al examination on that occasion was conducted 70
Mr. Hard, and mainly, if not entirely, ly ST.
sstion and answer. My examination of wit =;
ses was brief because Mr.. Hard very par "
lIar.
Cross Er. | have no doubt the accused were
ormed that they need not criminate themselves,
think they were not told that they need not
tify unless they chose Mcdonnell did not re-
g to answer any question concerning the affair ar
that night Of the homicide co
HENRY NJ. WIGHT recalled. After the examin-
On of Logan, before the coroner, Mr.. Chitten- ue
asked me if I remembered McD.'s using that me-
,ression "sail in" I think told him did not po
ollect any such expression. Don't recollect it
"a
:. E. CHITTENDEN recalled. After Logan had al
ifed that he heard the expression, "sail in mo
n [ went to Wight in the court room and ask col
him if he recolected Mods using that express me
. | understood him to say that he did. I trf
1ediately went to Mr.. Roberts and requested at
to make minute Of it, which was done. dis
ross examination. l cannot say that Melon for
did not refuse to answer any question put him he
he examination. think there was a question
to which he declined answering. recoIlect thi
subject but not the question. 1t did not re- eli
to the transactions of the night of the homi- tn,
J. ths
his closed the testimony for the defence. TO
Ir. L. G. BLISS recalled. didn't hear any, az ~
lg said about kicking off McDonnelPs face, ~
I'd no challenging or stumpng from McKeen | az az
hose parties up the street. Saw the tall man ,1 1
forward once, as Wight was taking McDon- .a' I'
of. The keyhole Of the store door was closed I'd,
night with paper. Didn't see Mcdonnell on ~,
day. n'
Don't remember who put this we we
er in the keyhole, it was some one of our par 1T
Didn't examine it, saw bit of paper in the w. W.