The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-09
THE PATTON MURDER TRIAL.
In the Hands Of His CONTEMPLATING
For the verdict-The Arguments in the
Caso-The Judges Charge,

In the Hands Of His Country-Waitinl
For tho Verdict-The Arguments in tn
Caso-The Judges Charge.
Saturday was emphatically talking do.
at the court house. The Patton murde
trial was on and the arguments begun a
half-past eight in the hope that the cas-
might be given to the jury in time for
verdict that evening. In this they wer,
disappointed. The case was given to thu
: Jury at few minutes past six aud the,
did not consider 1t at all, some Of the pane
being too unwell to hold an evening ses
sion. Indeed they wished to wait til
Monday morning before receiving thu
charge, but Mr.. Rogers, the court reporter
being compelled to leave town in the eve
ming and IL being necessary that he should
take the charge as delivered, Judge Powers
gave it, thus placing the case in theii
hands.
The court room was nearly filled when
the trial began, soon became crowded and
continued so to the end. About half-past
nine the wife of the prisoner, who has sal
by his aide during the trial, entered accom-
panied by little daughter perhaps ter
years of age, and q wonderfully pretty,
bright little boy Of four. The father seem.
ed overjoyed at the sight of the little one,
took him in his arms, kissed him and after
holding him few minutes put him down
and gave the same stold attention to the
case that he has manifested most of the
time. The wife, these two children and
three older boys, apparently from sixteen
to twenty years of age, occupied seats near
Patton all day. The arguments began at
half-past eight. We present abstracts of
those Of Messrs. Everts and Veazey for the
prosecution and defense. Abstracts of
Messrs. Lawrence and Fuller were pre-
pared for publication but VIC are compelled
to omit them owing to the great pressure
made on our columns made by the addition
al evidence in the PhGlr case. Both argu-
ments were able reviews of the testimony,
were highly creditable to the attorneys and
We regret to be compelled to omit them.
MR.. EvERTs ARGUMENT.
Martin G. Everts opened for the prose-
cution. He called The attention of the
court to numerous cases from Roscoes
criminal evidence, Archbold's criminal
plcadings, Wharton's criminal law and
read the statute of Vermont defining muir
der and the different degrees of that crime.
He said The state of Vermont asks that
| this case be tried honestly and fairly and
| nothing more. l claim that this case shows
premeditated murder. Saturday Patton sent
his son to buy pistol. Monday morning
the prisoner, being man in vigorous
health, passed the quarry and asked two
men il they wanted to see crazy man, for
he was such an one. He then went to the
blacksmith shop and without PROPAGATION Of
any kind, and with more or less violence
he pushed his hands against McCue and
called to him to bring on his men. McCue
struck him in self defense, not knowing
that he carried deadly weapon. AS soon
as McCue saw that he intended to draw
pistol he ran away. Patton drew the pistol
without provocntion, intending TO shoot
McCue in q quarrel which he went there
| deliberately TO provoke. 1t cannot be said
| that this shooting was the result of sudden
| anger engendered by having stones thrown
| at him. If 1t was engendered in that affrsy
it was an ARRAY brought about by himself.
The history of Patons movements in the
morning was then followed, special stress
being laid on the testimony of Major Hazel
ton that Patton was armed and prepared to
use his pistol, also in Mr.. Howe's attempts
to send Patton home and his refusal to CON-
ply with the request. Patton at last lett by
way of the south end of the engine house
and was hidden from sight. Did he start
directly home or did he lie in wait to pro-
woke second affray? You can have no
doubt on that point. One witness testifies
that he waited three minutes behind the
engine house, and that then he went up on
the hill not more than eight or nine rods
and occupied five to seven minutes in going
that distance. Was he there in legitimate
business or was he laying in wait for
chance to use the weapon he had pur-
| chased2 That is question, gentlemen Of
the jury, for you to decide. II the latter
your duty is plain. The verdict can be
nothing but murder in the first degree.
From the evidence you can find bnt one
state OF facts. Every witness testifies that
Patton was standing facing the west wait
ing for McCue; that McCue waited till
Patton had reasonable time to get out.of
the way. When McCuo came up we don't
know exactly what took place. There is
| no doubt, however, that Patton fired two
shots and killed McCue. He was there,
where he did not belong and where Nc
| Cue did belong. We de not know whether
the firing preceded the throwing of stones
or followed 1t. That does not affect the
killing. McCue, knowing that Patton was
| armed and had attempted to
| take his life, had right
| to take reasonable means to get him out of
the way. Very few men could stand at
that distance with this pistol and hit a man
in the the fatal spot where McCue was hit
claim that this fact alone shows deliberate
intention TO kill. There is no evidence of
any provocation which Barney McCue had
| eyer given Patton for this act. Before the
shooting Barney McCue thanked Paton's
son for getting his father out of the way,
which shows that be bore Patton no malice
| The evidence of trouble between the other
McCues and Patton was no provoeation for
the shooting of Barney McCue, who had
| no connection with them. The fights pre-
vious to the murder were reviewed as tend
ing to show Paton's murderous intention on
those occasions. The evidence Of several
| witnesses was discussed with reference to
its probable truth. Mr.. Everts closed at
ten minutes before ten o'clock.
George e. Lawrence opened for the de-
fence, speaking two hours WITH great force
and effect.
COL. W. q. vRAZEY
followed Mr.. Lawrence. He spoke of the
feeling Of an advocate charged with the
duty of defending a man on trial for his
life, and the peculiar duties and embar-
rassment of this case. He begged the jury
to dismiss all matters of personal convent
ence in their action on the case. In the
trial of murder cases various issues arise.
The mnaf frennenf iaAna IL uheihar tho 70