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

PRIL 20 1866
Cross Eramined.-fhe musket was com
mon infantry one. Faulkner has been IN jail
since the murder His conduct in jail was very
quie; and inofensive-
The State here rested, and the counsel for
the defence called
l. A. pREw-sworu-Have known Faux
ner several years; l kept meat market near
where he lives; never knew anything against
him; his reputation has been good
Cross Eramined.-Have seen him before the
war. perhaps several times day, at intervals
G. @ LEWIS, sSorn-Knew Michael Comfy in
the army.
MIR Englesby objected to the admission of
this witness as to COnly's previous disposition
and character. The Court decided that it was
admissible.l
was sergeant andl st Lie lt.of his company
He was auarelsome generally, especially # be
had been drinking; would drink as often as nc
could get IT, Knew Quirk; he and Comfy we're
very intimate
Cross eraufnsd-COnly was in the army with
me about two years and ten months; when not
in LIQUOR. he was generally quiet. II there was
n row among any Of them, he was usually in 1t.
The men were not often sober, they got liquor
often. when officers couldn't. Did not often
drink myself
SocRArEs BEACH, sWorn.-Have known
Faulkner s or 10 years; his reputation was that
of a very peaeesble, quiet man.
JH.H AzELroS, sworn.-Was Major in the
LIST Vt. Cavalry, formerly Captain Of Go. NJ
Knew man named John COnlyi he was
quarrelsome character.
Cross-eramined-D know when that Co.
got back from St Adams; got here the u Of
August; think they had been here or 10 days,
perhaps less. This man was in the habit Of
drinking occasionally; when intoxicated ne was
quarrelsome.
The Court here adjourned till e P. NJ.
MONDAY, April l6.
AFTERNOON.
The Cour; assembled at ? P. NJ, and the
counsel far the defence called
JAMES PR1rcHARD.-Mrs. Faulkner is ny
mother; am Il years old; was not al home
when this transaction occurred; saw Mr.. Faux
ner between three or four ?. VI. that day Fat
home We have lived in that place aboutllO
years; ] saw Comfy about a week previous at
Mr. Faulkner's; my mother told him 10 20 outr
be was in the house; be told her TO hush he,
noise, and presently went out; he was not % say
sober. Saw the marks upon Mr.. Faulkner 3 face
next fay after this affair. He brought home
his musket from the army; it was kept IN the
corner behind the stove. Never knew Of any
difficulty between him and Comfy previous 10
this When ! got home that night, Faulkner
EhnrfH q 1afn -
bent an inch, so that the door opened very hard.
There were marks about the door. one on the
casing over the door, two on the door itself
dents as II . stick had hit IL. Pound on the
floor next morning q little stick back part
Of the room. three or four feet long. perhaps
an inch thick; a larger one, about four feet
from the door about four feet long. cannot say
how thick; il was larger than the other; saw
piece Of three-inch plank outside o. the door,
between it and the Woodpile; il had blood on It.
Cro4s eramined-This first occasion when
saw Comfy vas about a week previous Comfy
had no words with Faulkner that day. saw
the sticks the night OF the murder, but didn't
take much notice Of them then. Think testI-
fled before Mr. H0.lrubeck about these sticks
Mr. French spoke o. me about the sticks, can
not say when; asked NE where they lay; told
him. have not talked 20 any one else.
the next day after the affair, about noon; TIE
to open the door and found the hitch bent, It OPP
euel as usual the day before; noticed the marks
on the door next morning. The dent over the
door was about an inch deep; must have been
struck violently o. make So deep a mark. The
marks on the door looked as # made with
stick with some violence. The heaviest mark
was on one O. the panels; saw DO split 10 the
door. Il Was on the day came down from the
jail that l saw these marks. don't remember
whether ] was al the jail on Saturday, the day
Of examination. know Bill Cain; be was al
Faulkner's house some; never saw him and
Ccnly together
WN. FAyLKNER-sw0rn.-Am over thirteen
years Oh. Was at my fathers house the night
Comfy was killed. Comfy and Quirk came there
that night about nine O'Clock. / was on our
wooipile beside the window ny mother and Sis
Ter were IN the house, ny father was backsiie
Of the house. This Coulv began 4 kind Of sing
ing, the door was shut; be was rafting al the
button Of the door; did not hear my mother say
anything Comfy was standing on one side and
Quirk on the other when my isther came and
wanted 10 ~ 10, and they Wouldn' let him; IA
Their went down the step, and when the door was
shut Comfy kicked 10; father came and opened
the door, and told him to % away; Comfy threw
in = little stick, three or four feet long and an
AuEA lllAhs AAAANa AA4A AlAAA 20 ~ away AG+Nla
says Comfy come OUT he said be wouldn't: I
Comfy threw q four foot stick at him and hit him /.
on the nose, pine stick full Of knots. ! went
up stairs and hollered ''old woman. - went az I
ter Mrs. D0lan, thinking she would get them /
away. Saw Bridget DIunin above the gallery; I.
she said 10 Comfy ''Eo away, or III get somebody
to make you get away" be said the whole Of /
Water street couldn't put him away; came I.
down the stars, went across the street for fear .
they might hit me, after be threw the last stick .
" hen the gun was fred stood on Beach cor
ner; Comfy was facing the window with q piece .
Of plank IN his arms going 10 throw Il, piece I
Of square plank [Iienuhes 3 piece Of plank 1
produced, es the one Comfy had. I saw my .
{ Their after the shot was fired, his eye was .
blackei and blood was running down his face;
Maggie and s;aid At the jail that night; don't .
think ! went down with james next day: no /
tced that the latch was crooked, and could not .
be easily raised: II was straight before. Comfy
was found there about three weeks before; be
looked round and kind Of kicked the chairs
round; mother told him to 20 away she didn't
want him around; he didn't 20 away at once.
Cross-ezaminel.-Think Comfy and Quirk
were there as much as an hour in all; think it
was three quarters Of an hour before run I'D
stairs; they stood on each side Of the door, and
wouldn't Jet my father 60 in; he got between
them az last; l was frightened at the time; they
pushed him once; when the door was opened,
Comfy stood on the south side Of the door nearly
IN front, the door was opened about two feet
wide; when the door was opened the second
time he was nearly in front Of the window, and
came back nearly in front Of the door; | was
standing at the stairs, and saw him The door
vas opened this time nearly all It could be. my
father was standing in the door way; Comfy
threw this big stick al him and am sure il
struck him; didn't see it strike him; Comfy was
about two feet from the door and threw it with
Al his might; ! had time to 20 up stairs and
Town and across the road before l heard the gun
ired. After the big stick was thrown IN. father
aid if be didn't 60 away he would shoot him.
saw the piece Of plank in his hands, a
title before Comfy was shot saw the
blank raised when the gun was fred
hen he dropped H.; didn't hear father speak
after the big stick was thrown and the door
hut No one was within sight at ihe time
The moon was up when l went acrcss the road;
lidn't testify before Hollenbeck that IT was too
lark to see. or thst heard nothing said about
hootIng