Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1866-04-20

French at the jail during the time Williams Wa
eonnned; didn't see any interview between La
vigne and Williams; saw Williams next at tn
b loot OF the stairs leading to Mr.. Billiard
, otice; this was on the 2gth. the pex
/. day after | discharged him met hin
{ as | was coming out Of Murray's cigar store
Williams or Hayes was alone think | next saw
him in the court room; did not have any con
, versation with either of the respondents abou
this matter. Saw him drink twice from his bot
tie. but don't know whether he feisned druu l.
ness; couldn't say whether any Of the r,spou.
dents counsel came to the Jail that afternoon
Inc counsel came very often, especially Nlr
Ballard
Cross Er--The stairway IN Bank Bl.cs
leads 10 other offices besidcs Mr. Ballari's
By the eCouri-Quesiiou-Mr Munsla, why
did You not give this information TO the Court
" the time Of the examination Of Nh. Have:
Mr. Roberts objected, and the court
waived the question, stating That it was
made only to discover why the sheriff had
so obviously neglected his duty.
Redirect - Lavigne and Potter had
never hsi any Communication with each
o'her' they had ;he means Of writing; they we're
So confined that they could not communicate
with each other, but Ward cou a communicate
10 the room below, and from thence through
other hands up stairs.
itNEr 5'iLikn. fe called D.. jLc Sa.;,
have no knowledge save what got
irom Laygne the next day Il wss about
CLOCK next day evidence thea rev
or knew him to drink I supposed The govern
ment knew Of rhi. transaction when HAYES was
examined. saw Hayes the day he was discharg
cd at my Office; he was there about an hour; am
not certain he left for New York that nigh; or
the DAY following; saw him once more before he
len at my Office; was ;here not great while Them
did not know be was coming before he came; did
not know he had been sent Tor; don't know that
he has been a:uve in preparing the defence in
this case; don't know that he was a captain Of
the New York squad that came Gu THURSDAY
/ night; the first tine ! the note was at the
Howard House last Thursday morning; Mr.
Hayes or Mr.. Roberts had it; never k.ew
Hayes till saw him on the 2S,h Of March at
my Office.
Tins additional testimony beng thus in,
the arguments were resumed by AIr. Roberts,
for the defence.
Mr.. ROBERTS ARGUMENT.
Mr.. Roberts, in opening, called the attention
Of the jury, impressively, to the seriousness Of
their duty, as involving the lives of two Of their
fellow men. They must remember that there
had been no preliminary public examination in
the case; only an inquest, preceding tine In
quiry before the Grand Jury, when the testi
mony on which the charge against the respond
eDts was founded, was gwen in secret session.
The States Attorney had kept his secrets we'll.
as be had right to, but in this secrecy, he had
hal great advantage over the defence. Much
Of the testimony introduced by hin had come
m the defence spfira1t- al Mt
out opportunity to bring in rebutting evidence.
So that when the State asks, why does not Pot
ter explain this and that? The answer is e. he
had no knowledge Of the thing to be explained
Who but he State knew who were 70 testify till
the witnesses appeared on the stand The State
has had the services Of special detective from
the first, stimulated by the promise ofs reward.
The jury must consider these circumstances and
remember at what disadvantage they place the
defence.
What Is the theory Of the prosecution lis
first. that on the night Of the 9th Of August
last, Mrs. Griswold was murdered by the hand
Of the respondent Lavlcne; and second, that
Charles II. Potter hired Lavigue to commit the
act Of murder. This Is the theory, in point Of
fact. But il is not the theory Of the Indictment
That charges these respondents with having
jointly made the assault Oh Mrs Griswold. We
have consequently asked the Court 70 charge
that if you found that Potter was 40 miles dis
tsnt, thar lie cannot be convicted under tbs
Indictment.
The judge here said that with the permis-
sion Of the counsel he would inform the ju-
ry what his charge would be on that point;
viz; that it Is not necessary t, constitute
person principal in a murder that lie must
be present when it was committed; but that
if he was engaged IN carrying out part Of
plan of murdcr.-such As the removing from
the scene Of the crime those who might 9TH
erwise prevent It's commission--it would be
such an aIdlngof tie murder as would make
him principal, as much as if Re tad been
present at the act.
MIR. Roberts resumed. | stand before you,
gentlemen Of the jury, as the counsel Of MIR.
Potter and DO not propose 10 argue the case
cf Lavigne any further than it Is connected with
the defence Of Potter, on cour.e i Lavigne Is
acquitted Mr.. Potter cannot he convicted but
even if you convict Lavigne you lave then only
then begun to try the case Of Potter lis guilt
by no means follows from Lavigne's
Let us see what language the circumstances Of
lnis trtu-lctiQu sprta " e 70 on TIE u4ululuE
Of the 18th Of August 10 the house Of Mrs.
Griswod The old lady usually stirring about
At that hour. is not visible. al is quiet save
the boy clamOrIug u be let out, irUm the fasten-
Ell door leading to his room. Blood Is seen on
the kitchen doorsteps From the south kitchen
window, blind has been removed and bench
brought from its usual place and placed under
the window. Looking in at that window, We see
the kitchen floor drenched in blood, and through
An open door leading from II, we into Mrs.
liriswOld's bedroom We 20 to the kitchen door
and pressing the latch, enter. We find On the
aoor tracks OF feet of two sizes; going to the
front Of the house, we find similar bloody foot
prints on the piazza, and window
showing signs Of violence. Entering
again we find the door between
he kitchen and dining room reed open, its
ock torn off We find the pantry lockeCfF
and the dog locked in it, We find in it the
cupboard broken open, all the valuables taken =
Passing to the sitting room We Find window
partly raised and exhibiting the marks Of
bloody hand We find another bedroom broken
open and rummaged, and everything valuable
stolen Passing out Of the house at last the
body Of Mrs. Griswold is found, the skull frac-
tured by two blows and cuts upon the throat,
one of which has severed the jugular vein. The
body shows no blood below the waist. These
circumstances show: FIRST, as 10 the manner
in which the murder was accomplished; that
the criminal FIRST went TO the South kitchen
window. and placed under it the bench that he
might look within and see If the coast was clear.
He next goes TO the kitchen door. He observes
the door leading up stairs outside, and either
because he knew or suspected that some one
slept there, be fastens it on the outside by
placing an obstruction over the latch He tries
the kitchen door by pressing the latch. it yields
and he enters. He is met within by the old
lady who has been aroused by some noise She
perceives the robber, probably calls for aid, ani
is silenced by a blow on the head. The cuts ON
the head may indicate that the knife was used
before the blow; but the fact then there vas no
blood below the waist shows that she was pros
trated before the cash on the throatwhich drained
her body of blood, was made, aud We may infer
that that was the final act The murder Is a:-
and il must have preceded the rob
berry, fer thenceforth the robber is traced by
the bloody foot and hand priats He irst at
tempts 10 force the door into he dmirg room.