Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-05-04

FOR The MURDER OF MRS. ALICE BUTLER.
CONDENSED from st. Albans Messenger

DA1
Z. q. Austin, attorney at Highgate. wf
examined. but nothing new was elected.
, U. h. Sheridan. constable of Hishgat,
who arrested Tatro, was examined Ii
! testimony In essential particulars dffere
little from that of proceedings witnessc.
On the night Of the murder had converse
tion with Tatro. Asked him how that gu
came on the floor he said they threw it a
him when he went out doors. | said. "Yo
little scamp, you have Just said you did no
Know where the men were when you wen
out DOORS" lie said he did not know wha
he did say. Before put him in the wagol
he said, - Those men will be d-i sorry 20
what they have done here tonight" Oh
the way down he said j B. Cross foreman
OF the jury would be ID sorry Tor wha
he had done here tonight
Witness detailed Tatro's story connecting
Henry Brunton with the murder The state
ment did not differ materially from that
given by Mr.. Austin. Tatro said Bruutlu
and Mrs. Butler got into dispute down
stairs. She ran up stairs and BruntOn fol
lowed her with an old chair; she ran down
stairs. where Tatro struck her once with a
stick of wood. Brunton took the axe and
killed her. Tstro and Brunthn then went
out doors across the road. BrurtJn said
to Tatro. LET me tear your shirt and
scratch you little; then. when the neigh
bors come. you can say it was tramps that
killed her, ard that you were scratched and
your shirt torn in the scufe with them
lie finally said it was not Henry BruntOn,
but another BruntOn that lived up toward
franklin. No one BY the name Brunton
| lived up toward Franklin.
Cross-examined-Whe | put the hand
cuffs on Tatro smelled his breath, and said
to him. ''You have been drinking, haven t
you?' lie said he had not, except he took
one drink about six o'clock His breath was
quito strong of liquor.
Henry Moore, who was at work at Ed
ward Haskins, where Tatro was plowing on
the day preceding the night of the mur-
der; Mrs. Mehitable Taylor. who resided at
the same place; Edward f1askins', and
Alonzo Seward were examined in turn.
though nothing new of Importance was
elected.
Mrs. Phoebe Seward examined Resided
in Highgate, June .. 1876; went to the
house of Charles Butler that night; Mrs.
Fisher and Miss White were there helped
lay out Mrs. Buffers body; saw bruises on
each knee, hands, face and shoulder.
Witness described the articles of clothing
found on deceased and in the room down
stairs evidently worn by Ler that day.
Went into the buttery when We came to lay
her out, to look for some spirits did not
find any. Did not find any lumber or cup
that had the appearance of having been
used. | saw there pint bottle and junk
bottle poured. something out of one bottle
on to my cloth it locked like picra it was
yellowish.
Mrs Rachel Fisher and Miss Clarinda
SupharlanH hnfh llrfy ho s.
the murder, and who assisted in laying cut
the murdered woman were called and gave
testimony similar to Mrs Sewards.
Hiram Skeels. eyamined-Reside in High
gate; had conversation with TatrO about
ten days after he was put in Jail. Butler,
Morrill, and myself went up to the room
where Tatro was. Witness then related
Tatro's confession, being in substance the
same as already given. After Tatro had
stated that be finished Mrs Butler with
the axe that Mr.. Butler knew nothing
about the affair, and that the gun was put
there for blind, he broke down and said
he could not talk about it any more.
Cross-examined-D not recollect of But
ler's asking Tatro how much liquor he and
Charles drank that week. lie may have
asked the question.
Charles Butler was rccalleG-Witness
detailed the cii, ,.Ins!;Lcfs of his hiring
Tatro to work for him. ~ 4 produced mem
orandum book e,L.a.lIrg sume transac-
tions with him.
Respondent o'rrsei h, re iiered to show
that witness draLk Win ratrO at Dufrane's.
States attorney objected. Tho Court said
they could better judge of the materiality
of the evidence if the respondents counsel
would disclose the theory OF the defence
Mr.. Harrington stated that the theory Of
the defence was that On the night OF the
committing of the homicide the respondent
had been drinking: that he was intoxicated
an intoxicatiOn in the nature of insar
ity; that it bordered on delirium tremens;
that this condition was the result ola long
habit OF drinking; that for several years
Butler had been his boon companion. it
vitirg him to saloons and drinking with
him. That the condition of the respondent
on the night Of the homicide was import
al upon the question Of intent. The Court
admitted the evidence.
Witness then test fed at some length,
RAINING divers times and places where he had
drank liquor, sometimes with TatrO. Wit
ness knew Tatro would take rum; he liked
il did not know but he could control hls
appetite if he was mind to. Never said did
not care whether Edward worked for me
Ut not, because he made such noise in
the night screaming that had to 20 up 20
quiet him.
FOURTH DAY.
PARK Davis. ESD, the first witness for
the respondent, called and examined -
Think saw Tatro the Sunday after he was
put into jail: went there with Mr.. Adams
and Editor Clarke. DR.. Morrill, was also
there Think the confession was made to
me the Monday evening following; was sent
for by DR.. Morrill,.
Counsel for respondent offered to show
conversation had between Tatro and wit
ness, claiming that it was part of the con-
iession put in by State-a continuation of
it Objected to by counsel for state on the
ground that it was not connected with the
confession put in by the State; that respon-
dent could not make evidence for himself by
getting parties TO listen to his story.
The court stated the rule oi law to lie,
that when confession was shown to have
been made it WAS competent to show all
that was said and the circumstances under
which the prisoner was placed at the time.
The proposition now Is to show converse
tion six or eight days prior to the first con-
fession put in by the State. The respon-
dent cannot make evidence for himself by
making statements to different parties at
other times Evidence excluded; excep
tions by respondent.
Respondents counsel also offered the ev-
idence for the purpose OF showing what
took place at Charles Butler house on the
evening Of June =, 1876, and for the pur-
pose of showing Tatro's condition on
Sunday and Monday. as tending to show
his condition Of mind the night of the
homicide. Excluded. Exception by re
spondent.
Witness resumed At times during the
conversation he WIS 4 good deal confused;
during some parts Of it should say he was
IN state OF intense excitement. There
was confusion in his statements, whether
resulting from confusion or loss OF recol-
lection, | am unable TO say.
Respondents counsel asked in what that
confusion consisted. Objected to. Exclud-
ed: exception by respondent.
Further testimony of witness unimpOr-
tant No cross examination.
Albert 1atrO, examined - Reside IN
llighgate bout mile and half from
Charles Buffers, am brother of the re
spOndent acquainted with Butler ten
wears; don't know how often Butler and
Ia went u Barney Mullins; know of
their gong there at times ! have been
there with Butler and Ed. once in the
Winter of '75-6; We all drank number II
times, talked and had good time; Butler
brought away II bottle of gin; FL. has
always made practice oi drinking since he
got big enough to get money TO get 1t with;
he would drink it Hs often as he could get
it, Ed came tl my house one time in the
Spring of rs had been drinking and was
pretty full told him he had bett'r 90 to
bed about IL O'Clock he woke me up
talking loudly-said men were alter hlm
with ropes and knives, that they wanted to
hang him that IL all heard that night;
he was sober the neat mOrnlng-look,d a.
though he had hal bard spree; ! asked
hun what ailed him in tho night he said,
nothing" told him what heard him say;
said lac did not remember It Ed went 10
Mullins short time before homicide
think Wednesday previous, about } O'Clock;
hnd Butlcr'- team; went t. the Line VITA
him; he got the largest szs ui gin bottle
full If hIg h-wIncs /, think It held five hall
plnts mother came from Burlington just
h, lore Christmas, 1873, Brtler and Ell.
drove up, Ed stopped with mother