The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-12-28
Police Court.


and Oscar Marciar, for burglary and lar
ceny on Fulton market premises, came up
before Justice II. W. Porter, at half past
one Monday, at the Jail court room. The
court, council, interested parties, witnesses
and spectators filled the department to suf-
location and Overlooked into the hall.
When court opened and deputy sheriff
Crawford produced the pennies, the mutt
lated scrip, the unfortunate pair of prison
ers, the poor blue turkey and the plump
yellow one, and the "sassage" linked,
(''sweetness long drawn out'D likewise In
| bags, and the venerable states attorney
was examining the portly prosecuting wit
ness in his butchers blue smock, 1t was a
scene that only one of the old masters, or
possibly of the Dusseldorf school, could
have portrayed.
The poorer turkey was joked numerically
as it was handled from time 10 time for the
purpose of identification. One of the
council declared it must have died in hunt
ing the last beech-nut of the season, and
that to be properly cooked should be first
stuffed with the sausage. Another &C
counted for its being done up on the night
of the burglary that it had been purchased
on trial and returned.
N. p. Simons appeared for Clark, while
Marciar, the "French boy" as he was al
ways spoken of, had no counsel and was
apparently friendless. States attorney NJ.
G. Evarts conducted the prosecution and
the two cases were tried jointly. While,
therefore, quite an elaborate effort was
made TO clear Clark, nothing.palllating in
Marciar's case was sought to be introduced.
The following is brief the proceedings:
Mr.. Hayward one of the firm was first
called and testified that he locked the back
door of the market on Friday night and
that they all left the place about 10 p. m.
He reached the Market the second one in
the morning and missed the turkeys, saus-
age and money. Thought he identified
the property produced in court as the same
taken from the market but would not
swear positively.
Cross-examined by Mr.. Simons with
out anything of Importance being elected.
Myron Stearns called. He corroborated
Mr.. Hayward's testimony and thought he
identified the torn scrip and the Canada 25
cent piece. The turkeys he was sure Of
one had feathers left around the neck
and the poor turkey had been scalded in
picking and the sausage was in the style of
their market and they had manufactured
them.
Upon discrimination he confessed he
had no mark by which he could identify
the money and had not counted the
feathers on the neck of one turkey; that
other turkeys might have scalt legs and
other shops put up sausage in bags. They
happened to have only the two turkeys on
on hand Friday night. If the turkeys,
sausage and money had not been taken
5000 worth of beef might have been re-
moved without being missed.
VIM. Wallace Tower, on getting up to
ascertain where the fire was had seen two
men lodging around the vicinity of the rear
of the market, who, when he and his wife
sought to ask as to the locality of the fire,
ran. Thought it eight or ten rods from
his house to the market.
On cross-examination a wordy contest
as to show many rods" the witness would
swear to, quite unsettled his decision as to
the distance.
George w. Crawford next testified as to
his discovery of the tracks in the snow the
next morning, the details of the search,
discovery of the stolen goods In the vacant
house, and that Clark had told him he had
nothing to do with the affair but that he
would find the person who took the prop
erty at the house of his brother-in-law, and
how he arrested the prisoners.
Lawyer Simons made searching cross
examination of the witness on the subject
of tracks in general and tracks in particu-
lar, unit, Crawford back-tracked on his
own testimony, became disguised, took off
his overcoat, said it was not his but the
counsel whose head was woolly-could not
really tell If two persons had made the
tracks or only one, but was positive one
track was larger than the other-he ''just
tracked them step by step" and it was not
the tracks but the place they lead to he
was after. He left the witness stand in a
prespiring state, saying he kept asking me
the same question until was sick it.
E. F. Sadler, called, swore to aiding the
deputy sheriff. He gave his testimony in
clear and explicit manner, corroborated
Crawford, and described the search of
Marciar and taking the money from him,
part (which he (Marciar) claimed as his
own.
David Oney testified Heard the alarm
OF fire; dressed and hurried to the engine
house SCOT opposite where Mag lives
you know where that is ~ Ito Mr.. Eyart's)
The states attorney denied any such
knowledge but thought the counsel for the
defense might enlighten the court. After
a general laugh witness proceeded to state
that he met the prisoner Marciar there and
spoke to him. He also saw Clark at the
door of his own house.
The defence in behalf of Clark called
John Cochran of West Rutland, who testi-
fed to having visited, in company with
James Haley, the defendant, spending the
evening with him. They drank cider and
whisky and sang songs until near 10 o'clock
when the witness with Haley, Clark and
Magnum, went to the midnight mass at the
French church, where they stald until the
alarm Of fire. They then returned home
and he and Haley slept together, going to