The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-12-29

| DttIl DllSluktl ndNt hnONn w iun tCu
years his habits as TO drinking | only
saw him when he talked louder than usual.
RoLLfy AMsDEN,
deputy sheriff, was called. VIM com
planned of Mrs. Wheeler testifyng against
him, but that he and Donohue did talk
about their accounts, but there was no such
talk as " Knock me dowd then, and "lay
there, d-n you" VIM also said young
Donohuc had testified truly. He could not
say the deceased was habitual drunkard,
but had seen him the worse of liquor; my
view in talking with VIM was to get him
TO confess the truth and told him 1t looked
dark against him.
ALLEN W. MATiIER
had n talk with Vim and asked him why
he did not pick Donoghue up when passed
him. lie replied it was common occur
renee TO fall down and at times he would
get up and come along and he thought he
would do so now. VIM thought Douo.
ghue died of some disease.
J. II. rARSswoRTH
shod Mr.. Donoghues' oxen in January be-
fore, with old shoes, sharpened and set them
Donoghue was in my shop about 4 o'clock
that day. He was not so intoxicated as to
show it then.
WILLIAM BACHELOR
was up to the lane the next morning with
Mr.. Farnsworh saw Vim there with a
load of wood II. B. VIM and Mr. Har-
low there with James Vim, and corrobo-
rated the testimony of the other witnesses.
MRS. WHEELER
the sister of Donoghue was recalled, she
testified that VIM stated that he and Dom
oghue had trouble and that Wins wife was
afraid there would be more trouble. This
conversation took place year ago, this
month. think it was in the evening after he
had done butcherng for US. l don't know
how the conversation came up. 1t was
frs suggested that had trouble with my
brother in reference to a letter, am not
certain only we were talking about the trou-
! Bile.
At this poin', the state rested, and the
| testimony for the defence began:
TcstImony for the Defence.
HOSEA DoToN
was the first witness called. He had made
survey of the locality where the deceased
was found, and exhibited plan of the
ground. lie had tested the matter as tc
hearing from the point where the body lay
to Mrs. Wheeler's house. No words coult
be heard only sound. The surface of the
ground is very irregular and broken will
bushes No words could be heard TO un.
derstand them, when spoken at the road
where the body was found, at the house Of
Mrs. Wheeler. The witness offered O
map showing the elevation of the roat
where VIM and the deceased passed uI
after leaving Mrs. Wheeler's house,
ROBERT l.. BUTTON
has lived in Windsor as restaurant keep.
err. He had seen Dcnoghue drunk when
under the influence Of liquor he was quar-.
relsomc. He had been carried to his sleigh
or carriage, when intoxicated several times
His son Roland had been frequently at the
village at night inquring for his father.
W. MANSFIELD
lived about n half n mile from the deceased
house. Known Donoghues oxen as kick
ing cattle and had seen them kick.
OTIS WAITE
saw both VIM and Donoghue on that day
The deceased was intoxicated and coult
with difficulty keep the road.
$. C. DUNBAR.
| deslsttu iE. lCOtUH III tllc
of the road, stood in the road where thu
body was found and Doton requested mt
to talk in loud tone of voice, and wall
back towards Mrs. Wheelers house.
done so and talked in a loud tone while
walking six rods. 1t was about O'Clock
in the afternoon. 1t was a pleasant day
the sun shone in the afternoon quite warm
Mr.. Willis Cady testified that Vim wal
not quarrelso,ne, and Otis Dudley testified
that VIM was a peaceable citizen, but haC
seen him drunk lying in the road. Boil
these witnesses stated that Mrs. Wheeler
reputation for truth was bad.
l.. Kimball, of Windsor, saw VIM ant
Donoghue on the 4th of February. They
were in the road so to GO rods apart Dono
ghuc was drunk and walked with difficulty
William b. Smith of Cornish saw then
both on the same day helped VIM LOAF
or ~ bags of meal on his sled. Boil
were on good terms then. S. A. G. Moor
saw VIM that day but he was not IN lquo
when he saw him.
Hiram Harlow, ii. L. Thompson, ALLIE
Dudley Joel Holton, Henry Storey, Chas
ii. Dudley, and large number of othe
witnesses residing at Windsor, testified t
the peaceablc character of VIM and tn
bad repute of Mrs. Wheeler for truth.
JEwETr MANN
of Windsor testified that he lived within
half mile of the liquor agency. He sa,
Donoghuc with load of wood on the da
of his death and saw him afterwards. ii
had worked for the deceased, used to ofto
come home drunk without his team. Their
were frequent quarrels between Roland an
his father and have seen the son take hol
of his father in anger and heard him ga
that if his father got drunk again he woul
kill him. He had separated them who
quarrehng.
FRANK WYNN
testified as to the circumstance of the team
coming home without him. Stakes an
binery chairs were all on the sled. l
June 1873 saw quarrel between Rolan
and his father. went to Donoghue's hous
and saw some of the partition in the cham
Der had been broken in and Roland cam
down stairs and his sister called out to m
that Roland was killing his father.
HARRY WYNN,
son of the respondent saw Donoghue o
the day of his death with his team. II
was drunk on his sled with his feet unde
, the roller | went on TO spelling schoc
and did not see them again. left Their
, near the school house near Mrs. Wheelers
Have seen trouble between Roland and hi
father and saw Roland knock Donoghu
down. The trouble arose about kolan
wanting to use the horse.
OTIS WYNN
son of the respondent II years of age. ties
tilted as to the kicking qualities OF Don
/, oghue's oxen; also as to the quarrels be
tween Roland and his father, had seen hiI
strike his father knocking him down. MI
VIM had been called to Donoghue's hous
many times on account of fights betwee
Roland and his father and was present ono
, himself.
Q WILLARD MANSFIELD
testified that he heard of Donoghue's deaf
: about 0 o'clock in the evening and wer
over to the house. In about 10 minute