Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-03-18

and help get the goods out; then went
back 70 the drive way, north Of the jail
I saw Duffy, Neary, and two of the Fly
boys there; witness details the particu-
lars of the fire and the building burned,
and his own residence in reference there
to)
George DUFFY called: Martin Duffy il
my son; was up when Martin came
home the night of the fire at Randall
barn tn alarm was between eleven and
twelve CLOCK; Martin was in about hall
an hour before the alarm was given
when it was given l went out to the fire
think it was about half an hour after
Martin came in before the alarm Martin
had not gone to bed; he pulled off his
boots Immediately after he came in.
Cr0ss-eramined-I have seen Martin
since he determined to turn States evil
dence; have heard nothing about its
being better for him to turn States evil
dence ; have never inquired of anyone
as to its being better for him l don't
know as he will receive mercy for telling
the truth he had a pair of good lawyers,
and when he gets through l shall pay
them 1 d know that persons who turn
States evidence are shown favors.
Allen Sanderson called and testified i:
William Butterfly, Peter Neary, and
Tom Dushan were put in lower dungeon,
and Martin Duffy, Whipple and Chap
man were over them in the cell 0. B.
Clark formerly occupied, last Thursday !;
conversation can be held between these
cells; the grand jury visited the Jail that
day that night when | took Neary and
others out of the cell, / thought they
were aware of the presence Of tho detcc-
tives.
Cross-eranained-I do not know wheth-
er Duffy knows of any advantage to be
received by turning States evidence; |
was present when States Attorney Wood
called upon Duffy, there was no promise
Of reward given to Duffy at that time
Duffy told me to send for the States At
torney al he wanted to tell all he knew
about it; Aaron Clark first told me that
Duffy wanted to tell all he knows about
the fire.
Horace @. Wood called and examined
never made any promises of leniency or
reward to Duffy for telling his completely
with this crime.
MartA1 DUFFY recalled first had con-
versation with VIM. Butterfly on Thurs
day last, in the cell while Whipple was
there William asked me if | said any
thing about the fires; | said no Peter
then raped and asked me if / had said
anything about the fires; | told him no !;
asked him who his lawyer was he said
Dewey; | asked who was Butterfiy's
counsel; he said Roberts; they then
asked who my counsel was and | told
them.
Cross-eranaiqed-Mrs Dushan raped
and said among other things that the
boys were out at the fires the night the
town hall was burned; | did not try to
get Bill TO talk more than he wanted to );
/ went into the cell that day because
those men wanted me to; [ knew they
were detectives; | did not know what
they wanted me to talk for | saw Whip
pie writing it down; did not know as
they were after evidence against the men
below they did not ask me whether l
was alone there was no talk about my
being alone; l should have done as | did
if had known what / was wanted for.
AT this time, six o'clock p m, the pros
ecution rested, and the court took re-
cess until nine o'clock Tuesday morning
Tuesday, Narch 16h.-The Court con-
vened at . o'clock, a. m. and proceeded
with the trial of Peter Neary ct al, in
dicted for incendiarism.
Eoelyn Piefpoint was called and ex-
amined by the prosecution | ana some
what acquainted in Rutland; live here ;
the Randall barn spoken of yesterday,
is in the town of Rutland, in the county
of Rutland, and State of Vermont
This was the examination in geogra-
ply. The prosecution here re sted
TESTIMONY FOR THE RESPONDENTS.
Ed,odrd Ld,oler was called, and exam
ined by the defence | reside on Green
street; have lived there ten years: l
know Peter Neary ! recollect when the
Town Hall was burnt; there was fire
down street that night at the time of the
fire alarm of the Union House. | was at
horne ; Peter Neary and Bill Oney were
there; we Were playing cards Neary was
shuf1ing the cards when the fire alarm
sounded; Peter threw down the cards.
and he and Bill went ont, and l did not
see them any more that night except as /
met them in the street.
Cross ecanaiaed- and Bill have
been at my house playing cards before
that keep rum for sale; ] know that it
was the night of the alarm of the Union
House, because had got home from GO
ing down to see where the fire was, and
got to bed when the alarm of fire at Ohm
steads barn broke out when | came
back from down town, Neary and Oney
were coming up Washington street, and
met me near where Pleasant street comes
out
William Oaey-I live in the brick
house gu Green street, with Edward Law
Ter have lived there about "a year there
was an alarm Of fire st Union house the
night Of fire at town hall: when that
alarm was given. Peter NearY and | were
playing cards at Lawler's table; Peter
was dealing, and when the alarm sounded
Peter threw down the cards, and he and l.
ran down the street and got as far as DIR.
Pages, when we heard the fire was ont,
and we went back, aud met Mr.. Lawler
at Pleasant street, and went up; went
home and Peter went into the Jail.
Cross Examined Peter and have play
I'D cards at LAWYERS before this we were
-there tho Saturday night before; alarms
were quite frequent about those times; was
about two hours after | got home that |
heard the alarm of fire at Olmstead's
barn; we went to LAWYERS about six
o'clock to play cards; we We're playing
A. we had light | understood that
Neary was arrested for robbing Mr..
Whipple, and | understood that was all
he was arrested for; | have had no con-
versation with Mr.. Lawler or anyone else
about what | have testified to; the fire
alarm here is whistle; that whistle is
blown every day at six o'clock, and when
this alarm sounded l knew it was for fire.
and went in to tell my wife, and looked
at The clock.
Leoi Briggs was called and testified
was jailor at the time the town hall was
burned Peter Neary was living witt me
at the Jail at that time; he brought in
wood took care of horse and COW and did
chores; he has been there about two
years more or less; he had been there the
last time perhaps a month or more; he