Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1872-01-11

that saw no one until Farwell came,
did not see him come in, he came from
behind me. The first three times the
pistol was discharged did not fire it un-
less it was the last time. The last time
of firing Hanna was between me and the
outside door. That pistol had not been
discharged il the grocery until Rafferty,
took hold of it. Farwen and | did not
both have pistols or revolyers when
Charles Buck came up to the door No
one fired shot while he was at the door.
l expected they would kill me,
they swore they would. did
not pull up the hammer of the pis-
tol but once while Rafferty, had hold of
it, [ had rs EIfrieudly feelings toward
Maloney-never saw him until that
morning and had no intention Of hurting
him. never had but one quarrel with
men, nor threatened, nor struck. I had
not drank anything that day. l hardly
ever use profane language. I did not
speak to Hanna that day. did net say
Cd d-n you I'll make you smoke"
or what ia h-ll are you in here for" to
Hanna or anybody that day. have used
profane language a few times
C108s-egdminat5on.- revolver had
been loaded quite a time.
FIFTH DAY.
james Fleming, testifed-Reside at
Sunderland; was as Smiths the evening
before Christmas; saw Del Carr and
others there; they said there lad been
fuss at the grocery that evening and that
they would clean it out about Christmas.
Hugh Sheppard, Harmon Garfield,
Austin E. Bartlett, Jasper Vial flate
sheriff., Rollin Judson, A, II, Judson
(town clerk of Sunderland, J. Z. B.
Thomas, John b. Lathrop, DIR. Luther
Moseley, Peter B. Billings, William S.
Burt, Elias Bentley, Henry S. Hard,
and Reuben T. Hurd, testified that
Frank Lawrence's character for truth,
veracity, integrity, fair dealing ane
peaoefulness was good.
Defense rests.
PROSECUTION RESUMES.
Richard lShay-(Sworn and objected
to by respondents for the reason that he
had been present during the trial-over-
ruled by the court.
Testtfed-Went to grocery between
- and ! on Christmas TO buy candles
bought and paid for ten glasses of ale
there that day; Hanna came in and
asked for some tobacco. and I gave him
some; Lawrence said to him, What in
h-ll brought you in here? ! order you
out of the house. Lawrence was be
hind the counter; Hanna said he would
go when he got ready; I then saw Far
well come out with a stick or an ak
helye and Hanna jumped up, took off
his coat and they struck at each other:
| can't say who struck first, bat see
Hanna struck on arm: Lawrence then
came and struck Hanna with an AK helve
and he went down; the AK helve fell oEt
of Lawrence's hand and he went behind
the counter; Carr then come in, and
told him to make peace. and he turned
around and called me or some one else a
son --." Rafferty, then came in and
went on to counter; | had not seen or
heard a pistol; in a few seconds heard
a pistol and before Rafferty, went ~
counter; when | heard the shot | start
ed to 90 out and when at the door |
heard another shot: when | was trying
to 60 out, Frank Buck was trying to get
IN; there was man | did not know he
tween me and Buck. who when tie
crowd let up a little fell headlong out
the door; | saw no more of the affray
but heard three pistol reports after got
out.
Cyoss-e9anliJ1utjDa-T ten glasses Of
beer were drank by five different persons,
two each: | don't know who fired the
shots: | did not see Renry Phillips in
there at the time Of affray; it may be
that did and may he that ] didn't tell
any one that | didn't dare testify for
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