Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-05-01
4 Homicide in Montpelier.

named Patrick Fitzgibbon, had been stabbed
and instantly killed the night before in the
driveway between the American House and
Mr. Dewcv's mandatory of tin ware. In
vestigations We're at once commenced. The
persons last seen with Fitzgibbon were ut
once taken into custody. and an inquest was
held before VIM. v. Caldwell, Esq, H.
w HeatJn. Esq. conducting the examna
nation. and the selcctmcn of the town aiding
in the investigation. The following facts
appeared
There was a dance at Village Hall Wednes-
dav evening. Three young men acting a.
AGENTS for city merchants, viz Chae. y. G.
N,gascy, acting for a house in Boston, W &.
Chapman. also acting for Il Boston house.
and Edward Wasserboehr, representing a
New York house. were in town and were
present at the dance a. spectators. Between
eleven and twelve o'clock. while the ianitor
was not ut the door. two Irishmen, Patrick
Fitz5ibbon. and Martin Costello his brother
in-law. both of Worcester, who had been in
the village during the day, and were the
worse for liquor. came into the Hall and took
seats near Mr. Swasey and his friends Fitz-
gibbon and Costello made some loud talk
and Mr.. >wascy tried to quiet them. This
naturally made them more noisy, and Fitz-
gibbJn threatened to = lick = Swasev. when,
for the purpose Of getting him out of the
Hall. Swasev told him to come out doors and
tight If he wanted to. Swasev, Wasserboehr
and Chapman then left the Hall and the
Trishmcn followed. Swasev taking chair
which hc threw mt the Irishmcn a. they were
coming down the steps Swasey and his two
comrades then ran towards the Pavilion, fol-
lowed by Fitz4ibbon with the chair. and Cos
jeIlo. Wasserboehr ana Chapman reached
the Pavilion without trouble. but Swasev was
ovcrtaken near Mr.. Dewey's store BY the
Iri-hinan with the chair, and fell, the Irish
man falling over him. lie then got up and
ran between the American House ard Mr.
Dewey store. Immediately afterward Ftz-
ghbon caught some one between the store
and hotel. saving Now nv boy I've got
you. and was stabbed BY the person whom
M caught, the knife piercing his heart and
killing him instantly. About the same time
Costello exclaimed. . Fatsey are We dead. =
ami screamed - murder several times Cos
teiIp then went across the bridge, some fifty
rods, and alarmed Mr. Deyine and Mrs
FizEibb)n, the mother Of Patrick. who came
with light. and after calling physicians and
the priest, the body was removed to Mrs
Fiugibbons house. In the meantime Was
--rhoehr and Chapman had heard the cry Of
murder, ard were alarmed for Swasev who
had not appeared and they returned to the
Hall and inquired for him. and not finding
him called him on the street as they went back
ID the Pavilion shortly afterwards Swasev
came t. the Pavilion without his cap and
with bis clothes and face muddy His ac-
c,uut OF himself during this interval was.
that he had been hid under she'd in the rear
Of Mr. Dcwcy's store, and had come out as
soon a. he d1reI T., but that he knew moth
i'm of the homicide Costello told confused
story at the inquest, and one evidently unre-
liable in many particulars, especially as to
pistols being fired, and as to Fitzgibbon'-
wllkins some distance after he was stabbed
lie pretended 10 no knowledge who inflicted
tie wound,
after the examination Of the witnesses at
thc inquest had closed. Mr. Heaton. as town
grand juror, made complaint against Swasey
fir mlnsIaughter, and Samuel Wells, Esq,
a- town grand juror, made a similar com
rlaint again-t Costello The hearing in the
,,-t IF Mr.. Swa-ev was had Saturday and
N'nIav before Nelson Robinson, ESQ. as
magistrate assisted ~ o. H. Smith, ESD.
Tine States Attorney, J. p. Lamson. ESD
anI Me~srs. IIeat5n x Reed appeared for the
>t,tt, ami B. F. Fifed, Esq, and MeSsrs
E1n.lall * Durant acted "a counsel for res
r. 'nlent. The testimony was substantially
the same n ut the inquest, except that some
new testimony WAS introduced tending t.
BE- lrrDpprdtc Mr.. SwiScv's account of his
whereabouts at the time the fatal blow was
struck ami witnesses were alsD on the
stand VINO testified t, having sometime since /
seen Costello have Il dirk knife The case
excited much interest, and there seemed t. be I
a general belief that Mr. Swasey's account of
himself was correct; this belief Of course
leading t. the conclusion that Costello had
killed Fitzgib5)n. mistaking him for some
other person. The magistra tie disc harged Mr.. I
Nwascv, saying that he regarded the testimony
a. insufficient to fix the guilt of the homicide
upon him
We should have stated before, that no Of
fcers of the law were n .ified Of the homicide
until N ,rning, and no investigation was COM
mcnccd until then. Mcssrs. Swasev. Was
5 'rbyehr and Chapman occupied the same
r IN thIt night at the Pavilion They are
yonns gentlemen Of g,pt appearance, and in
their boring during the examinations have
certainly won the confidence Of the specta-
tprs
ile herring in the complaint against Cos
iril' vi, had yesterday before the same mag
i>tratcs who di-charg god Swasey. The cvi- 1
'Icncc in the herring against Swasey was by
agreement used in this case and Swascy was
examined a a witness, his testimony being
the same az at the inquest. :. .
y els. Esq, grand juror. and j. p. Lam son,
tSq-, States Attorney, conducted the case
Tor the prosecution, and Charles Reed, Esq.
appeared for the respondent. The magistrate
ordered Costello t. give bonds in $3.50 for
az appearance at the County Court, Chas.
Reed Esq. became his bail The witnesses
also entered into recognizance in the same
amount for their appearance at the Court
Rev. MR. LORD delivered his third lecture
to Young men at Village Hall last Sunday