Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-04-27

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i1r the murder of Mrs Alice Butler. at
ilighsate, on tine II of June last. com
meneId on Monday, in 81. Adams, before
Hon. Homer f. Royce, Chief Judge, and |
Hon. Caleb Il. Brewer, Hon. Moses Wight
man, Associate Judges.
| The court room was crowded. The re
| spondent Tatro appeared with his counsel, |
Hon George a. Ballard, Willard Earring |
ton and Felix ". McGottrick. The State |
was represented by Henry r. Start, States |
Attorney, and lieman 5. Royce. Esq.
Tho court having directed the clerk to
call jury, Mr.. Harrington said that the
defence felt compelled to ask for contin
uancc- lie referred to AN article that ar
pearcd in the st. Adams Advertiser on |
Friday last. and which he thought was
calculated to iniame public opinion and |
prejudice the rights of he prisoner, so that
he could not have fair and impartial trial |
at this time.
Mr.. Royce, in reply. said that if this case
was to be continued it must stand upon the |
ordinary ground emitting party either in |
civil OF criminal eases to q continuance. 1t |
could not be presumed that the article had |
the effect claimed. If it appeared when the |
jury were called and Intercepted, that |
they had in any way formed and expressed |
an opinion. the court would protect the re-
Spondcnt and see that impartial Jurors only |
were selected.
Star tafn 4 "a tbot ) h.
claim was unprecedented. All papers pub
li-hed articles similar to the one in the
AdrcriiSer, and it afforded no grounds for a
continuance.
Mr.. Ballard SAID all they asked was fair
and impartial trial, and he thought the
direct tendency of the article was u pre-
iudicc and bias the public mind-that the
Jurors could not fail to be influenced by
reading the article.
Upon consultation with his associates
Judge Royce decided that the article in
question did not afford sufficient ground for
n continuance he said that the respondent
would be protected when they came to
challenge the jury. The call of the panel
"a |
was occupied in securing a jury. A num-
Der of the Jurors called were set aside for
having formed and expressed opinions on
the ease, and several were peremptorily
challenged by the defence and By the State.
A jury of twelve was finally secured as
follows:
THE JURY.
Nelson W Isham, Fairfield; Charles
Abels, Sheldon; Alonzo Button, RichfOrd
Edgar Furnald, Montgomery ; Henry E.
Hull. Fairfax Justin 5. Leach. Fletcher :
Asa Z. Larabee. Berkshire; Denhsm K. !
Oliver, Sheldon; Bildad PAUL, St. Adams; ,
Brooks, st. Adams; James 0. Morton,
Georgia.
The jury having been secured, the indiet :
ment was read by the clerk, charging the
respondent, in three counts, with the muir .
der OF Alice A. Butler. at llighgate, on the !
81 Gay of June, 1876. by striking her with '
an axe. sticks OF wood, and q chair upon ,
her head and other parts of her body.
States Attorney Start then made the open
ing statement, reciting the circumstances of
the murder. when the witnesses on behalf
of the State, some thirty in number. were q
called aud sworn.
THE EVIDENCE.
c. C. Pudor, civil engineer, swore to plans
of the rooms in Mr.. Buffers house made by u
him. Cross-2xamined Witness said he b
had marked blood stains on the floor and o
walls; they had been washed. but the stains q
remained; had also marked the figure of s
woman on the floor, where he was told the v
body lay; did not see it there: had made t
another blood mark, where he was told there b
| L
stairs; plan made April IL. Defence OBJ s
jectcd TO plan in this respect. Prosecution I
said they proposed ID prove thar all these d
stains were there. $
The next witness called was Charles NJ. I
Butler, husband of the murdered woman. &
A large portion of his testimony was con p
fined To details and circumstances of the s.
murder, which have already been made a
public. Witness went with c. g. Austin |
to the jail and saw Tatro. lie said he did b
the decd; did it alone, with no one present;
wanted to die as hard death as she did. A
lie asked me to buy her nice grave stone. a
Or cross-examinatiOn witness said a
Tatro did not work in the house except to h
bring in water ard wood Don't remem
Der of his washing dishes or hopping the -
oor. For anything | know there was a oil
kindly feeling existing between Mrs. B. and CO
Tatro. Up to this time TatrO and | had
been on friendly terms. We had always I,
treated him well. Don't know as We were d.
On terms Of familiarity We used to joke oil
md talk ; don't know As it bordered upon m
what should not be used in presence of v
ades-not intentionally. May have said NJ
something that was not lust right but do ed
not recall it. My wife and Tatro may have A
oked but | do not know Of their having m
Dlayt ul scGilles. Have no recollection OF L;
getting them to have q test OF strength. ID
Don recOllect OF cOnverslng with my vile al
ibOut girls, and using indicate language ar
am not positive that l never did. My sa
wife and Tatro called each other by their en-
gwen names. Tatro and may have been Ii
fl together; We have drank together. to
The States Attorney here interpOsed an dl
'hJectlon 10 tins class of testimony. Mr.. sh
harrington claimed that it was admissible "
% show the intimate relations existing be We
wccn Mr.. Butler and respondent, which L;
has direct bearing upon the motive. The al
'Ourt intimated that it seemed useless ex- nj
'enditure of time but should permit it. DIR
Witness, continuing, said he had not been
n the habit Of keeping intoxicating liquor ii
n the hOnse, but had it during having. lei
afro had 1t then three times day did not XII
urnlsh HIM liquor at any other time have tw
frank liquor with him at Barney Mullins; ev
nd not drink often. never drank with him ca
ntll he was intoxicated; have been into hi
and Manahan's with 1atrO and pu
rank with him; have seen him feeling di
ell never saw him 20 off by himself and tn
~ down; We went TO Canada one time an
Dgether after oats at Aliens Corners did an
OF get full; Lon Graham .Tatro and drank ba
jgether did not play cards for drinks col
ever played card in my life. tai
The State s Attorney again interposed an asi
hJectlOn TO tins class of testimony. The ha
,spondent's attorneys offered to show other go
istances when Tatro and Butler had been We
,ge;her and drank together. The court
xcluded the evidence, and the respondent nls
xcoptCd. hr>
Wltness further said: There was no dir
quOr IN the mouse that night of the muI- soc
Il |, except some btters TatrO had. lie !
ok Some that night before went away Is.
did not take any There was not much hit
1t when | went TO Iiiehgatc. did not of
ate that took some before | went away mig
y wife never drank any Intoxicating liquor hal
lat | know Of. She never drank brandy Si'
cept a. a medicine; presume We might hea
I'VE had brandy IN the house as a med- | W
ne. con
q. : Searlc, NJ d, testified Il reside | Il:
liichgate Centre resided there in June. but
40. Was called t0 Charles Buffers up
use on the evening of Jnne ID. 1876 Con
und his lie Il corpse in the kitchen. One LIT
the first men met was latrO asked him all
hat was up. lie said. " You tell" Tarro gun
aimed it was done by tramps; said the We
amps knocked him down and threw him sun
er the haiustrrS ked him 10 show me and
, face he did 80 told him they did NOT Ter
him very hard no appcarance of blows doe,
illness testified as 10 the general appeat you
GO OF the house. Found blood ut the head TO Il
the stairs and alons down the stairs, and his
the stove. also on the floor in the In
chen found billet, of wood that were nOtl
.ody. The corp,e Inv as represented ON the
plan; her feet towards the door, partly Nhl
her right side her hand, up to her talk
al blood spattcred upon the WALL some iatr
cd on the door, as il 1t had been open Allc
md dents IN the 1,nr mn stairs corrc, foun