Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1867-06-12
TRIAL OF LEONARD AND ROBERT Nc
YELL FOR MURDER OF PATRICK
FiNNEGAN.
SIC ND DAY,

w. Q. Doane sworn -Testifes as 10
measurements on Sunday after the affray.
Kept the minutes Of distances.
Cross examination of Gillen resumed
Not many minutes from time Med. and
Finnegan got to tree till they got their
coats off. | clinche-l Finnegan and held
him from half to three quarters of an
hour to the best Of my opinion. Soon as
l let him go he went for his axe, and the
thing was done pretty quick-could not
have been done much quicker. When
Mcdowell gave the fatal blow, Robert
was not there; that is, he was not right
on the ground. Do not know as he had
started to go home. Think | stated be-
fore the justice that the blow was a sort
Of side blow; think it was. Do not think
| said it was kind of an up blow.
The cash was close by the pit ofthe arm,
| should think. The bit of the axe went
into the hair some Tree fallen across
the road was not in sight of the houses of
Mcdowell and Finnegan. While Finue-
gan was held by me. Mcdowell said he
would not steal by. When Finnegan told
Med. to get off his premises. he wa, max.
ing at him at the same time, and the next
| saw was Fiunegan's blow.
Re examined by 2. X. Gleed.-I did
not sec Dennis Finnegan have anything
in his hand. He and Peter remained
near by until the blow was struck. !
saw Peter. do not recolcct seeing Den.
mis- close by. saw the dog rouEd there
but could not swear that | saw him make
pass at Mcdowell. held Firnegan
with my tight hand.
10 Mr.. Hepdce.-I dill not have the
oxen in the woods that day. Finnegan
struggled twice to get away from me and
told me to let him alone. told him |
would not. | used both hands to get
him back to the tree. Robe,ts blow
stunned Finnegan some, for he did not
advance any more after Robert s blow up-
til be got the fatal blow. FinDegan
reached pretty we'll to strike .M"v;nnoweii. Nd
could not gay it was a very heavy blow;
you could hear it plain, tho. Mcdowell
was not knocked senseless. should
think Mcdowell had his axe in his hand
when Einnegan struck. When Finnegan
approached Mcdowell could not see Me-
Dowell's axe. Mcdowell did not start to
leave when Finnegan told him to leave.
Finnegan had a vest on. did not see
Mcdowell do anything until he got the
blow. | saw 10 team in the woods that
forenoon. Robert made some remark about
having the team there to draw a load of
wood. l did not see Mcdowell receive
more than one blow. Saw him receive no
blow on the head. | called the blow on
his right shoulder Mcdowell might
safely have gone over the tree after Fin
regan struck him, and after Robert struck
Finnegan. heard Peter tell Mcdowell
to go by while was holding Finnegap.
There was room enough, though stood
in part of the road. He could safely have
passed. Mcdowell said to Finnigan "your
five minutes are up" once only. | was about
10 feet off, Roberts blow was after Finne-
gan had struck Mcdowell. and while Nc
Dowell was down. and Mcdowell struck
the fatal blow quick as he could recover
from the fall. Can not tell if Mcdowell
rolled over when be fell. believe that
| stated before the justice that Mcdowell
was on his feet when he struck.
DR.. David Randall. sworn Resides in
Eden regular practising physician for 8
years. Examined Finncgan's wounds
Sunday morning. The wound was under
the right arm-wa1 the length Of the
width of the bit of the axe--6 or inches
long. The wound seemed to 60 directly
10 until it hit the spinal column, and
then took forward direction and went
into the lungs. 1t was 10 inches deep.
A number of the ribs we're cut off, and
corner Of the axe made slight cut 10 the
shoulder blade. The wound was nearly
stfsight across the body. 1t would take a
considerable blow. | should thiuk. to cut
through the clothes aud make such
wound. The other wound was a slight
one on the right hip. The wound went
to the hip bone. 1t was made with
sharp instrument. arrested Mcdowell.
said to Mcdowell Il suppose you did
not intend to strike that man hard enough
to kill him. McDowell's answer exciu-
dedl do not reccollect that l said any
thing until | asked the question above
mentioned. was somewhat excited and
cannot tell. II is my impression that
no hing was SAID ont his trial; but |
could ~. be positive about 1t. do NOT
remember that | ssid to him that | want