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


opposite counsel has not referred to the team
with two persons seen BY M. Warren and
Ms Halbert. There went the murderers Of
Mrs Griswold- These men are not found ont
by the State. Here is where the reasonable
doubts come in. The mystery IS yet unsoiv-
ed. Be careful then how Won convict one
man forty miles away, and another. who first
turns up : or miles away, and giving utter
anee to no such expressions Of guilt as the
men in the lean The State has been
in doubt as TO what TO say about these men.
Mr.. Hard's remarks are Inconsistent be
says once there was only one man there, and
again that probably there were more. The
way Of the prosecution Is TO take up the cir
cumstances OF identity ofLavigne, as making
him out guilty, and then to take mp Potiers
connection with Lavige : shall. fOr POtters
sake. concede that they have got the murde
rer. and then argue that no guilt i proved
asains; Potter. The case Is perfectly bare IL
any way Of evidence Of Potiers guilt
The State has filled to make out guilty
connection beiweel the two Tie law says
if the evidence Is circumstaarial s,ld can be
explained away consistently with his innO-
cence. acquit him. Mr. Hard saws 2yariee has
had al influence with Potter But the facts
OF Griswold's having in any way life estate
m Mr.. : property. takes away this great
motive. Mr. Griswold has said that they
thought everything Of Della Does II appear
tat Mrs Grlswold was 10 VIII her property
away, Not At all. This motive then, Of get
l ting the property sooner. ! Al done away
with. Ar. Hard has explained all fair feel
ing OF PsIier'- 10 Mrs Griswold. a. a mere
cover for bis settled hatred; that bis reason for
taking The Ian Il Essex TO get hls stOge.is mere
>ubieEfa - 10 cover up guilt. The state has
equally failed 10 show any deep hatred OF
Z Potter : toward Mr.. f5riswold. Mrs. q had
/ no control over her tongue or temper: w..s !
F hard woman 10 get along Wit. She always
called "a Charles il she wanted any help
/ They tortured this little family squabble into
motive 90 kil! her. George Williams story
I !. a hu.ubu- oull a man make such 4
/ pabAc proclamation His testimony j. i'm
{ p-acu-t- He said be never told any one but
/ The N.lli~.oI Postmaster What does Judge
irrach say de says every wi'ne-, was ask
E el O. say Via, Be- knew about the whole mat
[ ter Williams said nothing OF tie sort then II
I De lad thought so about il would be have kept
{ a. balk al The inqge-t. Did Mr.. Gri,wold hear
/ aayIAin- ab9gjiE No Mr.. e. though deaf
+ heard the conversation. except the rr
/ marks u: 70 t-r. Katy Potter WHO app-a
/ ed a. Vel any witness could told a true
/ story; YOU wili believe her and excuse slight
/ contradictions. The boy Cal beard nothing
I OF the sort Williams i impelched. Such
/ witnesses --ways turn up. but very seldom
do any lurL They show what they
/ are worth. Mr.. Baldwin once beard
/ Potter say that be thought Mr.. q. was going
[ % turn him away. and had counsellei Mr.
I Bc0wn-l. Brownell does not menti n the
I fact She was q little sick and u rysus Al the
l time she spoke sharp about the lock but
| there was 10 serious difficulty. We find Pot
tiers family often living with Mrs. @. So
much then for putting her ont Of the way
mo- ha r-rr7fr Tra.-rv
/ they claim between Potter and this man
Ward.
Z there ANYTHING supposing be did keep
/ intimate with Lavigne) % show any
/ conspiracy between them. Do YOU suppose
/ any one would commence a murder without
| long accommodating and an acquaintance OF
/ the premises. / submit that Poiter's connec-
/ ton with the man al his house Is perfectly in
| consistent with any snch suppositi0n. The man
/ tells them be comes 10 Sc horses talks
/ horse wants 70 90 10 the depot Potter saws
/ he'll 20 when he gets in his grain, as he wants
10 get a stove at the Junction. There i no
J thing suspicious here. Let Us suppose the same
man i seen riding with him by WinoOsk
1 The law does not make q man a murderer
! from merely being seen with 4 murderer.
They had long talked about going to Cana
/ da. and we have seen they went about a legit-
innate business Supposing Bowman's test
m0uy was all true, does il convict Potter.
| Nj. Potter stops TO get cigar; met Z man.
who. perhaps. wants 10 find out where they
/ are going. Grant this meeting looks suspi-
! cious You mustn't convict an innocent man
/ on this. The object Of law is to protect life.
| The law hedges about your path Is jurors.
! The circumstances must first be Inconsistent
with innocence.
What did Muns0ns testimony amount 10
! Mr.. Potter well knew there were certain per
| sons prejudiced against him and did not want
/ such on the jury; wanted the sheriff 10
| choose no such men a. talesmen for the jury.
/ Potter SAYS be Will compensate him for any
| fair. square service be could render him. and
/ that i all he wants
l have made out these points for Potter.
/ lst, there was no motive for murder. ID, if
I Potter had been with Ward. il Is no evidence
/ against him. unless there had been
/ preconcerted arrangements between them for
| the murder. The. evidence tends to show that
| if there had been any such, Potter would
/ have gone 10 the depot for him. and Ward
would well have known where 2. lived. They
I claim Potter made misstatements before the
/ Coroner. Is il remarkable. that with sus-
/ picion pointed to Potter. he should be
confused and make mistakes and be inaeeu
| rate. Still the State makes Z strong point Of
| this Conceding that be associated with q
murderer. this i not strong. infalible evidence.
You have great duty to perform. If you
are 10 err. err on the side Of mercy and not
Of vengeance. ! ask that neither Of ihese
men be convicted unless you be firmly con
WINGED OF their guilt. Il follows by no means
that because one Of these men is guilty the
other one Is. Lavigne's guilt depends first
on Identification. His implem ut, and appear
ance don't recommend I'm to a Vermont ju-
". But don't let this prejudice go against
bin. This is his danger. / know Of many
men here who never leave town without
revolver. The billy Is not uncommon 10 be
carried in the city By honest men.
Mr. Hard suspects the eye-paich ! saw the
responder; in Jail after his arr, -. with a sore
eye. Tie chioroi5rm may have br,-a for eas
Nc pain. The offence OF nos having much
money j. one which We are many Of u. guilty
uf Mr. Flanagan iesIifes something a. a
merchant aGyertises his wares. bid lie have
a sure. definite description Of the man when
he started. Al last Flanagan makes NJ hi,
mind 20 arrest him al Wiuou-Ei. Flanagan
would certainly follow up = man answering 10
some description BE- had got. / ind fault with
the manner Of Identifying him afterwards
Those that failed 10 identity him we hear
nothing more Of We did not have q fair
chance 10 prepare his defence. as al testimony
taken and kept secretly. Mr.. Hard asks
IL the man ~ Porer's wasn't Ward whv don't
what case they were going o. make up The
man ~ the house was no; Ward. No witness
es have bad q better chance 20 identify bin
tlan those at the house. N0lr are more apt
% identify him than young children. The
boy a J.. and Katy. say that he wa no, the
'ul4l. Their story should be received a. true
Mr.. Grisw0ld, 10 be sure a. some distance
saws Ward wasn't the man he saw IN the Grand
Jury room. Morris Sullivan locs not identity
The motive for the murd was robbery
Everything IN the house thai might BIO i vaiu
ab,es was broken into and ran-ack,l. The rob
bers were not acquainted with the nature OF
The premises.
There were several men engaged. If there
WAS only one man and he Lad changed his
socks. now came the bloody foot prints there
" re several. How extraordinary was the
mans conversation with Kelly. ! don't be
lieve Kelly. When man get into Jail.
charged with crime be ge:s scared. and does
strange things.
l>n tBere plenty Of room for great doubt
10 Ward guilt 20 creep IN II such Doubts
possible. yOu must acquit him. You find
him Too lar away from the scene. If You find
Potter guilty, you can find most anybody so.
Nr r.-r-rru-r.stffal ...-iTau.a tla-a l.