Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1867-06-05

re by force. He told his father to Q
e through Robert appeared pretty reckless,
Robert swore at Finnegan and said "Yo
e toll you drove US off the lot yesterday
s but d--n you, you cant do it now" H
d said much more, but | can not recollec
y all be said. Fiunegan claimed it was CT
I his own land he was killed. McDowel
D did not dispute that. | pointed out posi-
5 tions to the parties who made measure
: ments on Sunday, but cannot recollect
: any of the distances. The body was car
, rled nome on an OK sled. Sometime befo,e
the ARRAY Mcdowell said at my house that
that If ever he and Finnegan met. one Of
them would take terrible licking, or
one OF them would die 1t was about a
week before Finnegan's death. Mellow.
ell got the axe of S. Kinds with which
he strnck the blow that killed Finnegan
did not see Finnegan's dog on the fore.
noon of the llth of January. After the
trial of Mcdowell before the justice be
sent for me andsaid ho did not blame me-
anyj that | had told the story about as
straight as he could tell it himself /
toll him he had better have taken nv adj.
vice and gone by. HE said be did not know
but it would have been better, but that
he might as we'll have it then as apy
time. | cannot tell how far the axe pen.
etrated the body; should think the whole
axe went into his body.
Axe produced in court and identified,
and Finnegan s coat. soldiers blouse
and his shirt, showing the holes cut bv
the axe
Cross examined by G. W. Hendee.-
Had worked few days for Mcdowell
before the affray-5 days Commenced
'hoppIng on the lot where we were cbo,.
ping on forenoon of the llth, on that
morning. Saw Robert draw wood from
his lot to McDowell's house the day be. c
ore the atfray. do not know how long I
be road had been made there; might be t
or weeks. Mcdowell had a contract o
or clapboards and we were cbopp;np t
lapboard logs. | supposed Mcdowell t
'it his measure where be intended to 90 "
the afternoon. | supposed be would 90 a
another place in the afternoon | did Ell
OF hear Finnegan fall the tree across
he road do not know Mellow. i,
is custom about carrying his axe
ONE at noon. Think it was not his
lstom to carry it home at nom :"
10 not think he said he would carry IN
S axe to sharpen 1.-THE might have made "
at remark. When Mcdowell said he "
'uid take their axes along, for thew
'ght want them, &c thought moth. W
6 OF It, | had understood that Mellow. "'
and Finnegan had had trouble the dav "e
Iore' l took McDowell's remark as a.
re. My wife told Mcdowell to let Fin. ~
gan alone. and he said he would if Fin.
gan would let him alone. This was p,>
EN- he was at my house, as stated in nv ~
ect examination. Do not think told ga
Dowell that he had better look ont for '''
lnegan-do not rccollcct it. Mr.. Fin.
IAN did not make any objection to nv
sing the tree. Finnegan did not OBJ. {
icfP me atrlck and Peter Finpeean had pro
s. ana Dennis might have had a stick regi
''ub' | paid more particular attention Ne.
he axes. They had done nothing to wee
earance that day. except to chop the Pre-
down across the road. When we came /,
they stood there doing nothing. Did 81
see Finnegans's dog bite Mcdowell T ~
heard be did; saw the dog there, but ~. ~"
not hear Finnegan set the jog on to
lowell. Did not see the axes hit each .
when they first came together, but !,
very near each other. Finnegan told
lowell be was coward and dare not C
down the axes. and fight fair fight theil
lowell said he was as good man as sever
md laid down his axe. held Fin.
n and Mcdowell stood stilI-did not a
nee towards Finnegan. When let 'niS
cyan go, he went Immediately for his 'eae
and went to Mcdowell and told him eu US
I'VE his premises Did not hear Fin. enure
say anything to Mcdowell until he ''iiy
ear him. with b;s - -, 80. ticles
DO not think Finncgan's express. WIN
as "be gone Mcdowell" DO not AS
l 80 testified before the Justice. =" WI
gan struck the first blow with the not u
Oh his axe Did not testify before in'
'stlce, that Finnegan struck Mellow. VIII D
the left shoulder. When Finnepap
the first blow he stood on higher
than Mcdowell. The ground was KA,
ough. lfyou (Hendee) was there was b,
r." y ,n'oA ooo's' don't think terrog,
''''u a'one' let alone anyone tween
o ''u mcDoweii staggered back Judge