Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-04-23

udy last, tle CAST vi Otdtc vs.. Sldlh loI d
breach of the peace, was called, but owing
to the illness Of the respondents counsel the
case was adjourned one week. The COM
plant against Hiram Atkins for the same
offense was then called, and after few mi n
utes consultation with his counsel, the re-
spondent announced himself ready for trial
We took quite lengthy notes Of the evidence
on both sides, but the crowded state of our
columns this week precludes our giving but
the merest outline of it. G. II. Pltkin, Esq,
and States Attorney " P. Dillingham;, APP
peared for the State, Mr.. Atkin's counsel
were Messrs. Gleason G. Field and F. V. Ran
dali, ESQ
Mr.. Pitkin read the complaint, and asked
to be allowed to amend The counsel for re
spondent cautiously waived all objection,
and allowed the same to be amended
The first witness called by the State was
Capt. c. L. Summers Capt. S. testified
that he witnessed the difficulty between
Messrs. Clark and Atkins. Clark was
going up Main street, Atkins coming down
rhey met near Dewing's shoe store. Clark
stepped in front of Atkins, but witness heard
no language OF talk. First saw Atkins hand
raised as if going for Clark's shoulders or
throat. Then saw Clark take hold of At
kins and hold him at arms length kicking
him several times. A bystander endeavor-
ing to separate them was prevented by Mr.
Br4man. The two then cIinched little
Snugger, and both went down, and there
upon witness left the window in E. n.
Scoyilfs work shop. where he had been
standing, and went over to the scene of con-
tlct. On cross examination, witness de-
scribed Clark dress on the occasion as the
usual every day dress of that gentleman
with a cloak thrown over his shoulders and
his arms not in sleeves. Atkins dress might
have been the same he wore in court room,
but he was sure he had tall hat on, as he
saw that tiv off Atkins head Witness mar
rated efforts to separate combatantS, and said
when they were finally up, Atkins went t.
his office. There was then some little talk
between the two men. Didn't recall Atkins
words, bat thinks Clark retorted, You ad-
vertise me again. and will 20 for or at YOU
again" Witness said he had never told any
one he coul int tell any thing about the
fight. He had replied to Mr. Field, counsel
for Atkins, that he couldn't tell whether
Clark spit or struck. On the redirect question.
ing witness stated he looked at the squabble
at an angle of about thirty and that the
other shop hands did not see anything til
he called their attention to the aifray.
Hon. W. II. Ferrin was coming down MAR
Street, below Union House, with Col. Brown
Noticed Clark going up street. This wa.
about opposite Argus office. Soon after
heard loud talk behind him. Turned anC
saw CLARK kicking, but did MT see who h,
was aiming at. Stepping over to one side
saw it was Atkins. Went back to the atfrav
Brown came up, and George Peck was there
Peck might have had hold of Clark at thi.
time Clark had hand in Atkins hair, ant
Atkins had his in Clarks hair, Atkins haC
marks on his nose, and Clark scratches OF
his face. Told them they must not fight,
should 90 for the authorities. Atkins sale
he didn't want to fight. Brown took hold o
Clark and Name of Atkins.
Col. A. G. Brown was already testifyin.
when we returned to the room. lie descrb
ed the fight and his endeavorS TO separate tn,
combatants He took hold of them told then
not to fight, begged John to let 20 to desist
and implored them to settle then difficulties
in some other way. Tried to unclasp Clark
fingers from Atkins hair, thinking if h,
could it would let Atkins free. The Quarre
attracted several persons, FerIin, Braman ant
Kane were there, also J. Q. A. Peck, McCue
Geo. Peck and Frank Newcomb. There wa.
not much noise or loud words bu; some ex
element. On cross examination Col. Brown
said he did not see Atkins strike or kick
His hand seemed to be reaching round TO
Clark ear Didn't see any thing like strk
ing. Fingers were on side of Clarks head
bent towards his hair, but not with a firm
clutch Clark voluntarily released Atkins
hair. Witness had tried to unclasp it. bu
could not. They were not down over
minute Heard John Clark say, Will vo,
be a white man? Don't recall Atkins reply
After they were up there was some ram
bling talk between them, and disposition
to get together walked off with Clark
| At one time, when Atkins said some thing, h
crowded me rs if lie wanted to again get a
Atkins.
W. F. Braman testified that he knew Clarl
and Atkins, and saw them embracing eacl
other that morning on the street. He didn'
see the commencement of the affair. He ha
walked past the battle ground, when h
heard a noise and turning saw Clark hold @
Atkins collar, and soon they began to strik,
and kick mot much like they meant bust
ness, but like boys play. On cross-ex
animation Mr.. Braman SAID he saw no fall
that Atkins backed Clark up toward a post
and Clark was partly over. Both tried t
kick and strike, but were so near togeths
they couldn't do much. Clark hung to tn,
hair like puppy to root, and Atkins didn'
act like relaxing his best holt. Witness
didn't hear word said, or know whethe
they stopped by mutual consent or not
They hung like bull dogs, and he didn't tr,
| to separate them. He wanted fair play an,
did't care continental which dog whipped
Frank Newcomb first saw motion from
Atkins towards Clark, but didn't know
whether it was strike or throwing out O
the editors hand to enforce an argument
The resi- o ldtnt called Moses Ka. VIII,
said he saw a small part of the affray. HI
tried to separate the parties, helping Mr.
| BrCwl. Clark had Atkins by the hair, ant
after he had showed him off acted as if h,
wanted to get back. Atkins made no at
tempt to renew the fight. While was push
ing Clark back he said to Atkins, {" D.
you, call me a white man." said he would
lick Atkins if he put him in the paper. At
kins said if he pitched on him again h,
would take care of himself Atkins face wa.
i'bloody and had on it some scars
Mr.. McCue saw all the fight. Clark shot
10 by me, put his hand on Atkins shoulder
and said - You talked about Inc in your
paper" Clark spit in Atkins face, ami be-
gan kicking. Atkins said: John, DON
Kick me-" Clark eaid: "D-n you. [ will
kick you" Got 10 harder tussle, and 9TH
came down. Atkins hand ON Clarks face
trying 10 push him off. Peck trying to get
Clark away. Braman came up, dragged
Peck off and said, a." Let them fight" Ferrin
and Brown came and tried to part them