Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-05-09

vote, on all the charges, and sentence
of removal and disqualification was
passed without a dissenting voice.
THE MONTPELIER DEMONSTRATION
Journal Of Tuesday evening has the fol-
lowing concluding particulars Of the
Montpelier murder examination
The examination of witnesses in the
Fitzgibbon case was closed on Monday
afternoon. The undisputed facts are
that the Irishmen had been drinking
during the evening, and Fitzgibbon to
point of ugliness. He insisted upon 60
ing into the hall and when there both
were rude, were demonstrated with by
Swasey, "a stranger from Boston,, were
angry at the remOnstranCe and ready to
fight. AZ this point Swasey and his
two friends lett the hall and were fol-
lowed by Fitzgibbon and Costello. At
the top Of the steps in front, Swasey
found chair as he came out, seized it
and threw it back, hitting one Of the
pursuing lrishmen. On leaving the
steps, the three strangers ran down
State street towards their hotel, each
taking q different path-One crossing
State street and going down on the
North side, another going down the cen
ter Of the street followed by Costello,
and Swasey on the sidewalk Of the
South side, followed by Fitzgibbon with
the chair. Near Dewey & Co.'S store,
Swasey fell over q stone post, and Fitz-
gibbon passed over him, kicking him in
the head as he did so. This brought
Fitzgibbon ahead of Swasey and in the
latter's path to the hotel. At the left of
this point is an open space from the
street, formed by Dewey & Co.'S store
on the East, store-house on the South,
and the American House on the West,
AMI with but narrow passage ont eX-
cept to State street. In this area an al
terCatiOn was heard, and here FitzgibbOn
was killed instantly and by a single
blow from dirk, and his body was
found by the side of the chair. The
whole affair occupied but very few
minutes. Swasey's companions reached
the hotel without difficulty, and Swasey
not till some minutes afterward. The
night was exceedingly dark and none
sf the parties could be seen or identified.
The question of holding S Rasey for trial
was ably argued for Swasey by Messrs.
Fifeld and Randall, and for the State
by Messrs. Heaton and States Attorney
LamsOn. The theory OF the government
was that Swasey ran into this area when
he found FitzgibbOn ahead of him on
the sidewalk; that here he was follow
ed and Cornered by FitzgibbOn armed
with his chair; that the alteration
heard was between FitzgibbOn and Swa-
sey, and that SWasey inflicted the fatal
stab. Ne dirk has been found, none
proved upon Swasey at any time, but
the testimony was that his habits and
character are good. On the other hand
the theory of the defense was that Swa-
sey escaped. One witness (Lathrop,
who slept in Deweys stOre,) testified
that he heard some one stepping around
the corner and along the sidewalk, and
afterward other steps going down into
the area from State street. But when
first applied to on tke morning after the
affair, LathrOp did not state these cir
cumstances, and the government rejects
his testimony. The defense claim it as
proof that Swasey escaped, and that it
was Costello who entered from State
street after having lost his man; and
that Costello, installing Fitzgibbon for
S1asey, stabbed him. 1t was proved
that Costello, on different occasions
during the last two years, has carried a
dirk. The defense claimed, first, that if
Swasey killed Fitzgibbon, it was q case
Of justifable or excusable homicide, in
self-defense; second that the proof indi-
Gates that Costello killed Fitzgibbon;
and Sd, is not sufficient to warrant the
holding of Swasey for trial. The last
was the opinion Of the court. Swasey
was discharged, large audience re.
ceiving the decision with loud applause.
To-day Tuesday, the question Of bold
ing Costello for trial Will be considered.
We venture to demonstrate against
demonstrations in court Of displeasure
or applause by the audience. The au-
dience on Monday offended in both
ways, censuring Mr.. Heaton for his
strong argument against Swasey, and
applauding the counsel for Swasey more
than once, as well as the decision OF the
magistrates. They equally offended,
too, in applauding the States Attorney
when, abiding to the lecture of Mr.
Lord on Sunday evening against public
dancing, he pertinently said that 1t
would have been better for Swasey aud
his friends to keep cut of such places,