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

not guilty entered. States Attorney Ensles-
By made a brief statement Of the facts of the
homicide to the jury, and statement for
the defence was made by Mr.. French.
TIE TESTIMONY.
DR. Il. H. IANGDoN was called TO the State. 49,
Am d physician, was called 10 attend case II
Mrs. Micheaui's, on Water street last August;
found d man lying on the floor surrounded by
several persons; was told be hal been shot
through the body, found wound above the
umbilicus little 20 the lefg Of the mes.au line,
a guushJt wound the ball had come 0ut on the
LETT side, l;tle below the hip bone, ou the deshy
part OF the buitock; prob,i the wound, the ball
entered 10 front; the person was not dead 40 this
time; after death made examination Of the body
the next day was not there when be died, the
course Of the ball appeared 90 be straight
through the body; where the ball came out Wa
i I'D Or ! = inches lower than where u entered /;
the man when shot must have been STOPPING, as
there was nothing o. change the course % the
ball. the same effect would have been produced
If the one who nrcl the shot vas nigh enough
above HIM; examined the spot on the night u
the affair; saw blood Oh a pile of t0ari- near
the door; the mans death was caused ty this
wound he received.
Cross-er1mtucE If the man Vh0 hrei the
the gun was down the steps the angle % sio0p
u the maa killed must have been
greater than fJrty-fve degrees. Comfy
appeared 90 possess more than ordinary
physical capacity; weighing 100 pounds AZ
least; he was about % years old. Didn't see
Faulkner TIL examination before the magistrate.
There was then wound on him under the left
eve; the eve was considerably disc1i0rel and
swollen; also an abrasion on the right side %
the forehead; should think the two wounds
we're not made by the same blow they appeared
10 be recent wOunds; noticed that night that
Comfy was somewhat under the influence Of
liquor.
JAMES QUIHK callei.-Have been in the ar
my. Co. + Of the lst VI Cavalry Knew Comfy
ever since the company was made up here was
with him the night be was shot. lie answered
10 two names. Of John ami Nike That night
We left Mr. Lees and went down Water street;
Comfy wanted 10 see a FREUD on Water street,
Bill Cane; he asked Tor him at Faulkner's door;
Mrs Faulkner told him TO 60 home, she didn't
want him around; be told her to hush her noise;
Mr., Faulkner came in the rear going into his
own ouse, and told Comfy 10 70 away; be told
HIM 10 hush his noise; Faulkner went into his
house and slammed the door in Con-
Tvs face who was following him.
Then Comfy struck OF kicked the door; they
had no words lie had nothing in his hand at
the time. Comfy and l we're gong away, and
had got out TO the centre Of the road, when
woman came out above Us on 4 kind q balcony
and told Comfy 10 90 away it was not exactly
over the door; she told Comfy she'd get some
one 20 beat him if be didn't 70 away; SIZE came
down the steps and went up north. Comfy fol-
lowed and said she couldn't get party able TO
beat him; be came back and stood IN front q
Faulkner door, about two yards, looking up
81 the woman; she went up the stairs again and
disappeared from my sight, We remained two
or three minutes before Fsulkner's door opened;
| saw gun in that man S hands inside; looked
at me; then Comfy picked Up a piece Of wood.
and as he threw It the man fired, both fires
went together. Comfy called TO me and said he
was shot. I didn't believe him az first; then he
stepped TO the Woodpile and commenced TO bleed,
/ saw the stick Comfy picked up piece Of pine
with the limbs cut on, not smooth ! saw moth
ing else in Conlys hand; be threS no other
st ca. hadn't time he was taken into
the next house, Afer be was shot; Comfy
It'd me to 60 for a priest went
aud before l got back he was dead
There was not word Of anger between him and
Faulkner's people after the woman came down
stairs and spoke TO him. Faulkner was not in
my regiment; l was in town that day with my
regiment.
On cross examination, witness testified that I
be had been drinking, Whiskey and beer; that I
he saw Comfy drink beer only, and that both OF /
them felt pretty merry" and that he tired to /
get Comfy away from the house
BRIDGET DINSIS, sworn.-Lived lat August |
in the same house with Mr.. Faulkner, IN the /
north part. up stairs. The first tina. drew my
attention that night was Mr.Faplknei s little Boy I
Dolan who owns the house. my mother in Law;
she lived in the south part Of the house, right I
over Faulkner's cellar; l looked out Of my win
dow, and said Billy, the old woman insn't in,
| don't know where she is " The boy was
right by Mrs. DolGn's window on the gallery;
saw Comfy standing little way from Faulk-
ner's window with 4 stick in his hand, pointed
towards the window; a stick about two feet loI-g
with some sprouts it, ! went back, staid little
while, went down stairs, opened the door 90 the
gallery and saS Comfy and the with him
near the telegraph pole, perhaps three or four
yards from Faulkner's door a little way east Of
II; said 10 them TO 90 away or would have some
one 10 make them; they muttered something |
couldn't say what; went down stairs; saw no
one around, came back up the stairs, shut my
door. went up the stairs TO my bedroom, and
had just got there when heard the gun 20 of
my bedroom is on the front side up in the
second story; when l went up stairs Quirk was
standing by the telegraph pole, and Comfy was
coming ever towards me; he was muttering
Cross eramiRef-To get to my bedroom 20
he whole width Of the house and then up stairs
Didn't see Billy afer | told him about the old
woman; don't remember whether | saw Quirk
Fhen / first saw Comfy with tn stick in ms
land; came down stairs because was fright
ned. | vent to the corner Of the house for
ONE one to make them 20 away; when last
au Comfy, he was coming towards the stairs;
hey are in the middle of the house and Faulk- !
er's door Is close by almost under them
Rs-direef-I didn't see Faulkner or his Ami.
: that evening; cannot say If looked towards
heir door.
Rs-eToss-Think it was about 9 p. NJ; day.
ght was gone; it was moonlight night
NN- ID. MUNsoS - sworn. - Recollect this !
omicide; was there ten or fifteen minutes after; .
Ient into the house; found q stick Of wood on Z
BE floor, Of pine two or three inches thick, and {
bout three feet long; should not think it was a I
nooth stick; saw no other stick; looked thro' I
a room EauIknar nr.uniad. fha~. -