Litchfield enquirer., 1864-05-05

had any weapon, and he replied he didn't see any. An axe lay on the hearth, and Esq. Smith asked him if that was the axe, and he said it was.
 Cross Examined First heard of the affair ln Society's Meeting. Heard prisoner say at the time that he had killed Frink in self-de- fence.
 I Mrs. FSink, recalled :-Heard no kindling wood being split on the hearth.
 Dwight St. John, called Went to Frink's house after hearing of the murder. Burritt said ''I have killed Frink." Went into the house and saw the body; describes it's posi- tion; Burritt said ''Frink came at him and he struck him with an axe;" the blood ran across the heor Was at the inquest; the body had not been moyed-no blood below his whiskers i; none on his bosom. Recognizes the coat and describes tho blood on it.
 Cross Examined It was near o'clock when went to tAe house; say nobody but burritt and John Beard; Frink' house is half mile from Smiths store
 ptrgn Beach, called Am clerk for Aaron smith Burritt came to the store about 23 o. clock Monday p. m., much excited, and with out any hat; said he had killed Brink in self defence with an axe. He wanted witness to get some men to go down. He soon went back.
 | Cross Examined :-Burritt worked for Mir. smith sometimes; he aspeaceable when sober; when he had liquor down he seemed excited. Dauid King Went from Ellsworth to Amenia on Monday; met Burritt and Frink on the road and they wanted to ride they got in :: soon Frink laid down in the wagon think they were not then drunk; Frink said he had bought place in Falls Village, and intended to give his wife life lease and a deed to it :; carried them to Amenia, about three miles they appeared perfectly pleasant and sober.
 Cross Examined This was about eleven | o'clock 8. m.
 Chartes Braizee, called The day before (sunday) talked with Burritt about Frink :; about and o'clock D. m, He said his fur Tough was 30 days, and would be up in two weeks if he lived till that time; said he had ! been drinking with Frink every day since he came home.
 James Hill, called Have known Burritt year or more on Sunday night he came to my door and said the devil was to pay down at Frink's he wanted me to go down, as Frink had threatened to burn the building said he and Frink had had clinch, and he would have fixed him that night but he was alone, but to- morrow he would fix him in the twinklinp of an eye, and took out bottle of laudaum and shook it. Burritt came with his coat off.
 Cross Ex. Live half a smile from ..Frink's by the road. Prisoner took the bottle of laudsum from his vest pocket; he was pretty near sober. but seemed frightened; he said Mrs. Frink and the children had gone to Mr. kirehelps.
 Jonathan LapAam, called Before Frink came home had conversation with Burritt, and advised him to leave before Frink came home or he would get into trouble. Burritt said he thought more of Frink's wife than Frink did Witness had heard that Frink had got furlough
 Cross Examined The first time Burritt came to my house he came with hand cuffs on. Burritt was three times at Mrs. Frink's board ing; have lived in West Cornwall three years: related these conversations to Richard Smith, Esq, soon after the homicide; did not testify before the Grand Jury; at this conversation 1 told Burlitt he had better go away and stay the thirty days and then come back; he said he knew enough to take care of himself I had this conversation with prisoner in West Corn wall from the fact that they people there '.Japanned him" for his course with the woman, and then heard they were going take him up, and hence advised him to go away The direct testimony on the part of the pro secution here closed. Court adjourned to Thursday evening at , o'clock.
 TIE DEFsNCE.-The first witness for the de- fence was
 z. 0. Peek, called Am the Jailor of the County Jail; recollect the night Burrtt was committed to jail; it was Tuesday, January 2oth; brought by Mir. Williams of Sharon ar rived at about o'clock :; at that time prisoner seemed to be in nervous condition, so much 80 that he could not hold cup of coffee stead fly in his hand; witness went to drug store and procured some liquor, and gave some to prisoner; summoned Dr. Bostwick, and he prescribed morphine; witness stayed up with prisoner that night until about H. o'clock i; gave him morphine twice. On Wednesday morning found hin, still shaking and gave him more morphine and whiskey. About midday he began to get wild, and had to all appear | ance delirium tremens. Wednesday night lie dldnt sleep any, nor permit anyone in the house to sleep; he was raving. Delirium last ed till the next Sunday. The morphine was given to quiet his nerves and get him to sleep. prescribed in the same manner ; have no doubt but that he had the tremens.
 Cross Examined :-Burritt was brought to l the jail once before as D deserter; it was in Sept lS62 i; had the tremens then, but not so bad; pretty much recovered now; witness gives no whiskey to him now !; witness gives an ''expert" statement on the general subject of insanity, and has playful passage at arms with the States Attorney.
 o0ndthdn Ldphdm, called :-Haye lived in North East, N. Y. was born ia Stamford, N Y.; declines to state whether he has ever lived | in Sing Sing, NY.
 psrgH Beach, called :-Burritt had been drinking all the while since Frink came home j, | should think he drank great deal | Cross Examined Have known Burritt since he came to Sharon appeared foolish and extravagant in his talk when under the in- auence of liquor; saw no symptoms of insanity in him-only drunk; never thought him de- ranged at all think he knew better than to kill man; thought nothing more the matter with him than common drunkenness.
 Stephen Flynn, called Went 10 Frink's house the night before the homicide about midnight prisoner came up to Dr. Robert Smiths and said that Frnk was going to set the house on fire the Doctor told witness to go down and get Jim Hill and take care of the things; Dr. Smith owned the house Frink liv- ed in witness went with Burritt to Burchels and found Mrs. Frink and the children there ; went down with them to Frink's house the little boy (Frink's son) went in first; found Frink asleep there Burritt made fire and Mrs. Frink and the children went to bed !; Burritt and witness sat up. Frink woke about o'clock, and said he felt bad; asked where his wife was :; Burritt replied that she was up stairs asleep; Frink teld him to go up and get her when he went up Frink said, .' That's | what's s the matter when am away Rurrift