Litchfield enquirer., 1870-09-29
LITCHFIELD.


 Harwinton, for shooting Hugh Stewart, at Harwinton, on the 18th of Sept, 1869, oc- casioning his death on the 2d of October following, was tried last week.. The in- formation was for manslaughter. The shooting was not denied, but the prisoner claimed that Stewards death was caused by fever occasioned by wounds in the hand, and not by the wounds in the abdo- men, as alleged in the information; and that the shooting itself was in justifable defence of the prisoners person and pro- perty. The facts were briefly these: The prisoner had retired on the night of, the 18th of September last, when he was awakened by some one pounding on the door. Getting up, he found it was the deceased, who was much intoxicated, very noisy and pro- fane, and who demanded admittance. Brown refused to Jet him in, and after much disturbance, Stewart left, and Brown went back to bed. Shortly after. he was again wakened by noise among his chick ems. He supposed some one was stealing them. went to his fathers near by, got a double barrel shotgun loaded with large shot, and returned. Looking out into the yard, he thought he saw some one, as he says, taking chickens out of the coop. He fired one barrel of the gun in that direc- ton, not taking aim, he ayers. Hearing nothing, and seeing nothing further, he walked towards the yard. He saw the chicken-coop overturned, and feathers ly- ing near it. Just then, man came around the corner of the horse barn and advanced towards him. He says he told him to stop, but that the man came on, swearing he would kill him. and picking up a stone. Supposing himself to be in danger, and fearing that the man might have an ac- complice near, the prisoner fired the re- maining barrel of his gun. intending, he says, to hit him in the legs. The deceased was then some five rods distant, and the charge entered his breast and abdomen. He turned and ran towards the house, dropping the stone he held in his hand, and followed by the prisoner who over took him, and then for the first time dis covered that it was Stewart Brown then ren- dered the deceased all the assistance he could, and sent for a physician. There seems to be no doubt that Stewards death was occasioned by the wounds inflicted by the prisoner, but whether directly, or indi- reotly from disease resulting therefrom, the physicians were not quite agreed.
 We have given substantially the story of the prisoner himself. Evidence was pro- duced, however, by the State, to prove that he had told the story somewhat less favorably to himself near the time of the transaction. The prisoner had moved in- to the house near which the affair occur red, only the day before; and it seems that Stewart had been in the habit of staying there, occasionally, while the former pro- prietor occupied it. He probably came there, drunk, supposing he could get lodg- ings as usual. Finding that he could not, he went to the barn, meaning to take up his nights quarters in that. The prison CT. however, had reasonable grounds to suppose that he was stealing his chickens; and the real question was, whether that fact, taken in connection with Stewards threats, and nickinp m A stone. warranted the prisoner in shooting him. The law justi- fies the shooting of burglar, or the use of sufficient force for self-defence; but in this case the jury were not satisfied that the crime which the prisoner supposed the deceased was committing was of sufficient magnitude, or the danger of attack suffic- iently imminent, to justify the shooting. They, therefore, brought in a verdict of msanslauahter.
 Graves and Sedgwick appeared for the State; Seymour, Catlin and Barbour for the defence. l' 1st3sf >.b .iI = Tn the Superior Court. last week, the first case tried was that of State vs. Ed ward Dolphin of Winchester, for the mur-
 der of Aaron Freeman, at Barkhamsted, ,on the 18th day of March last. The evidence showed that the prisoner, his wife. the de- Iceased, and several other negroes, were drinking together at the house of Prince