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

T.R THE MURDER OF MRS. ALICE IUTLkK-
CONDENSED from st. Adams Messenger
ARCI.MENrs OF COUNSEL.

ANuuueubtu lfOu sl hludun lhcsaSh5N'F
ARGUMENTS OF COUNSEL
States Attorney Start, opening Tor the
ASKED a verdict of murder IN |
the first degree. They claimed that the re-
spOndent attempted to commit the crime oil
rape and the ARRAY ended in murder. Pre-
meditation was shown by Tatro's carly re
turn from laskins' the false story about
the plow. to get Butler to go to Swanton
his remaining with Mrs. Il. alter asking to
ride to the Falls, for the purpose OF carry
ing out his design, conceived long before.
perhaps when the hole was cut in the plas-
tering, to satisfy his lust. and II necessary
for his purpose, to commit the crime OF
murder. Their theory was that as soon as
the Fortune boy left, ne took off his pants IN
the Kitchen. went into the bedroom below
where Mrs. b. was lying, and that there the
ARRAY then commenced; that while strongly
resisting him her drawers were torn OH
Escaping, she fled up stairs; ne followed
and in her room she was caught ard thrown
on to the bed. Nith power still to
resist she ran into the middle chamber
where her skirt, the only garment covering
the fore part of her person, was torn OF,
and there true 10 her husband and true
10 her tod she was struck by this fend and
shed her first blood in defence Of that which
was dearer than life. She staggered to the
head of the stairs another blow was dealt;
she fled to the kitchen where she was struck
PROSTATE to the floor. The respondent then
went into the shed, got the axe and finished
his fendish work. TatrO's acts. confess
sions and the evidence were reviewed IN
support of the theory; the only question
was the degree OF the crime. In going to
the shed for the axe. he had at least u short
time for his blood to cool, but returning
deliberately. in his own language stepped
astride of her and finished her" lie said
the respondent was desperate and aban-
dOned character there Is no evidence OF
mania, delIrium or intoxicatiOn.
Willard Harrington, Esq d, for the defence,
claimed that the case was devoid OF malice
or generalization. Ii is true that Mrs.
Butler was killed in the most brutal man
ner it was the work OF u mailman and Is
only explained upon the theory that the
respondent was laboring under a delirium
or was crazy lie could not have premed-
itated rape-it is unreasonable from their
friendly relations. If the drawers were
pulled off down stairs, as claimed by the
State. how about skirt. corsets and shoes
also found there? The main question IS,
what was the respondents condition? He
reviewed the evidence upon the question OF
his being under the influence of LIQUOR,
which ne claimed should convince the jury
that he was not accountable for his acts.
Geo. A. Ballard, Esq, followed for the
defence. lie reviewed the evidence and
said il it showed anything it was that the
respondent had no design. no malice, no
purpose. We found two persons, respOn
dent and Mrs. Butler, friendly to the last
degree, and within an hour after this friendly
feeling was shown to exist, one of them Is
beating this poor womans head TO Jelly.
Can you conceive of a person under such
circumstances committing such tiendlsh
act? No, he was not in his right mind, but
was driven on by frenzy that for the time
had taken possession of his faculties. The
affray did not commence in the lower room,
but Mrs. B. after removing her under
clothing lay down there for reposc. If
there had been an attempt to commit rape
there would have been marks on her limbs
and person. The evidence of Tatro's drink
ing that night, condition and acts, evidence
of medical experts, all went to show that
he was not responsible when the act was
committed, but labOring under what the
physicians called acute mania-the first
stages of delirium tremens. 1.-The was under
the influence of liquor so far as TO have lost
the possession of his faculties 1t would not
excuse the crime. but change the degree.
lie claimed that undue and unwarrantec
influence was used in obtaining the several
confessions, and that they should be
weighed against the respondent, if at all,
with great allowance, and cited the famous
case Of the BOurns to show how unreliable
confessions sometimes are and the degree of
caution with which they should be taken.
Ii. S Royce, Esq. in the closing argu-
for tho Strata claimed that the
ton of manslaugbter could not arise in this
case; it was either murder in the first or
second degree. Abiding to the presump-
ton claimed by respondents counsel that
the excessive number OF blows and mutila-
ton showed that he was intoxicated, he
said, How was it in the case of Marietta
Ball and Josie LangmaId? Does any one
claim that their murderer was intoxicated
No" If the respondent dealt blows with
deadly weapon upon any vital part OF
Mrs Butler by which she died. it showed
premeditation. The evidence showed that
Tatro wanted to be alone with Mrs. Butler
for some purpose Willie Fortune came to
the house about eight o'clock; after little
while they go out and talk for a few mo-
ments; then Tatro says Il must go in and
GO to bed" Willie leaves about halt-past
eight What was Tatro's condition ahen
Ii matters not how long he had drank or
that he drank once that evening. His con-
yersation with Willie shows that he acted
perfectly natural. In an hour and a half
we find him at Fortunes and other places,
claiming that somebody is killing Alice.
Mr.. Royce went over the testimony relating
to his acts, claiming that they were all con-
sistent with his guilt. 1t was true that
confessions were TO be taken with eau
ton, but if they arc supported by the
facts and circumstances. as in this case, they
should have great weight with the Jury.
There is evidence OF an attempt to take in
proper liberties with Mrs. B.. it is not nee
essary that it should have gone so far as to
be an attempt ut rape. lie did not think the
evidence warranted him in saying that the
atfray commenced below, but rather in her
room up stairs. Respondent threw her on
the bed, attempted liberties, and was re
sisted she retreated from him into the
large room when she was struck with the
chair and knocked down with strength
still left she retreats to the head of the stairs
where another blow was struck; she stag
gered down the stairs, and on the sides are
left the marks of her fingers in the kitchen
she attempted to open the door and was
pulled back by him, knocked PROSTATE on
the floor, and while there he goes to the
door, gets the axe, steps astride of her and
deals those fearful blows upon her head. |
tell you, gentlemen, that was cold-blooded
murder. They attempt to show that he was
not responsible. and hence there was no
malice His aciS that evening arc rather
more consistent with his grief and guilty
conscience than with delirium. His story
was told according to his best intelligence
to cover up his crime Upon the facts you
cannot iail to fiud that when he took
tho axe and killed that woman he
was responsible We have made out
beyond a reasonable doubt, either with
or without his confessions, that he
killed Alice Butler with premeditatiOn,
deliberately, knowingly and Willingly.
THE JUDGES CHARGE.
judge Royce in his charge to the jury.
said Ii you find thai the respondent was
insane and not responsible for his acts, no
matter how hellish the killing was. he must
go free II you are not satisfied OF his III
sanity, but that his intOxicatiOn was of the
nature spoken off by DIR. Fassett. that is
crazy drunk" charge you that the
voluntary intoXication oil one who without
provOcation commits homicide, although
amounting to a frenzy, does not EXEMPT
him from the same construction of his
conduct and the same legal inference upon
the question of reconciliation and intent
as affecting the grade of his crime, which
are applicable to u person entirely sober.
The Judge cited cases in support OF the law
land down II a man puts himself in that
condition and commits a crime that would
be murder in a sober man, 1t would be
murder in a man that was drunk. | am
aware that my view OF the law differs from
the view taken by counsel for respondent,