Litchfield enquirer., 1864-05-05
Superior Court.
BEFORE JUDGES DUTToN AND McCuRDy. Trial of John Burritt for the Mur-
 der of Heury Frink of Sharon.

l
 der of Heury Frink of Sharon. ] The trial of John Burritt for the murder o Henry Frink, in Sharon, on the 24th of Janua l ry last, was begun in the Superior Court be fore Justices Dutton and McCurdy on Thurs day last. States Attorney and Richard Smith, Esq, for prosecution. H. B. Grave. and Miles Tobias Granger, counsel for pris oner.
 The first witness for prosecution was Mrs Sarah L. Frink, wife of deceased, who testified to some previous altercation between prisoner and deceased, and that she had been kept awake the night previous to the homicide by their quarrels. Both the prisoner and deceas ed had been much intoxicated. On the morn. ing of the murder witness was summoned down stars by her husband who had been to Amenia N. r., (about five miles from sharon,) early l that morning. She wont down and deceased showed her a keg ofoysters, a coffee mill, and some liquor which he had purchased. Deceas. ca then lay down upon the floor, with his head Tn chair, and his coat under his head ;-he had previously sent the children up into town TOT some crackers he got up once while lying mere and drank. Burritt was out chopping wood In the door-yard at the time. He soon afterwards came in and threw some wood into the wood box behind the stove. Witness was slttlng at that time, with her back to the wood BOX and to the deceased ;-was resting her head in her hands, as she had severe head l ache. Witness didn't see Burritt until he threw the wood in the wood-box; didn't see his face then; heard some one sry 'By God, some one has got to die;" heard sort of crashing nolse,-not very loud noise; jump- l ed up and looked around /; saw Burritt (prison- er) standing by the side of deceased with an axe in his hand she said 'sYou'ye killed Hen ry." Deceased lay with the blood gushing out of his head; he lay on his left side, and the blood seemed to come from the right side of his head. The next that witness knew she was lying upon bed in the chamber above, and prisoner was putting camphor on her face She said to oprisoner "You have killed Henry.'' He replied "You know did it in selfdefence. '' She replied "Ne. I didn't know it." Don't know whether deceased was asleep or not, while lying upon the floor. Witness said to prisoner, "Go and get some one j" he replied that he would, if she would stop her noise ; said this two or three times; witness opened the window and saw two men coming; didn't know who they were. Didn't see Burritt again that day, until she saw him at the inquest. Burritt said before the Grand Jury that she had told the story about as it was.
 Cross Examined by Mir. Graves It was be- tween and o'clock in the afternoon that the homicide took place. might have been an hour after her husbands return from Amenia. When she heard the words "Ry God, some one has got to die," thought it was her husband s voice; their voices were not alike looked around to see what was going on; saw Burritt standing by her husband with the axe in his hand. The evening before witness husband had quarrel with prisoner; don't know what commenced it; her husband jumped up from the bed where he was lying and clinched pris- oner; witness got him off, and then deceased turned on her and caught her by the throat and said he would kill her; prisoner took his (deceased) hand off from her, and held him un- til she could get out of the way she went to a neighbours house that night (Mr. Burchell's) because she was afraid her husband would hurt her; prisoner protected her from her hus- bands violence that night. Her husband re- peatedly threatened Burritt's life, sometimes in his hearing and at other times in hers. Witness returned home with prisoner and Stephen Flynn about midnight; her children were with her. Her husband had threatened to burn the house up; couldn't say as he threatened to burn the inmates her husband was drunk the evening previous to the homi eide: had drank considerable all day; heard them talking next morning about going to Amenia; they went after breakfast; didn't think her la band drunk when he returned from Amenia; he had been drinking; under stood he went to Amenia and returned on foot distance three or four miles. In the morning he said he must have liquor or he should die :: wanted money and She let him have five dol lar bill ; he was in the habit of lying down on the floor; he kept liquor and drank every day Had lived in the house since March last year. Had told Burritt to look out for himself, to caution him against deceased who had threat ened him. Never heard husband threaten to poison Burritt. Husband had liquor in cof- fee pot; cautioned both not to drink from it, as it was dirty.
 Redirect Husband when sober was very mild; on Monday morning he appeared friend. ly; they fixed their drinks together; heard mo- thing on Monday unfriendly between them Recognized her husbands coat, produced in court, which affected witness to tears,
 John Batrd, called Was in Sharon that day, and went down to Frink's house on hear ing of the homicide. Met Burritt on the road he said How are you, am glad to see you. I've killed Frink,-struck him with an axe and he is lying on the floor" Burritt led him along by the hand. Entered the house and sa saw sne oody lying on the left side; there was olood on the right side eyes closed. Burritt sald "there he lies, and there lies the axe that 1 done it with ; saw the axe ;-the one produ. ced in court is like it saw the coat; the one produced like the coat saw. Should think | there was gallon of blood on the floor; staid through that night. Heard Burritt say re- peatedly that he had hrded him, and that he was going up to rally the whole town.
 Cross Examined When I met Burritt he 1 was walking fast; led mo to the house as quick as he could; requested me to stay there through the night, while he went up street to let it be known that he had killed him. Prisoner said Frink had pitched at him and he struck him with an axe. He said he hated to do it, but he had to. or else he (deceased) would have killed him.
 | Dr. Deminy, called Was called to conduct post-mortem examination on the body of de ceased. (Witness read from minutes taken at the time ) Examirsi a wound on the right sid, of his head, made by clear cutting wedge shaped instrument ;-apparently made with narrow bladed axe. It was superfcialin in from of the lower part of the external ear, separating the zygomatic arch sufficient to admit a smal probe; as it extenued upward through tht temporal and lower portion of the partial bone. on that side, it penetrated more or less into the substance of the brain the separated skull
 being nearly an inch apart at or near the up
 per part of the cut. The eye-lids were closed
 Was also shown marrow -bitted axe, bloody
 the inner corner shorter than the outer corner and hangs in. The axe produced in court re
 sembles the axe seen at that time The blow |