The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-05
THE PATTON MURDER TRIAL.

The court was well filled wednesday
morning to witness the trial of John Patton
for the murder of Barney McCue, at West
Rutland, August 9lst, 1876. At nine
o'clock the prisoner was escorted into court
and took his place beside his counsel. He
is large and muscular, six feet high, with q
heavy, rather stolid face. His counsel were
Messrs. Dunton and Veazez and George
E. Lawrence. States Attorney George F.
Fuller, Martin G. Everts and L. w. Red
ington appeared for the state.
The jury was then drawn. The first
name was G. b. Stafford, Wsllingford ;
had formed an opinion, didn't know that
he had expressed it; excused.
B. f. Ketcham was drawn in his place.
w. B. Mussey asked to be excused on
account of having formed an opinion. His
Honor asked if his opinion was so strong
as to prevent his impartially trying the
case. He thought 30 and was excused.
Chauncy T. Gorham drawn in his place.
III. N. Dikeman excused on account of
having formed and expressed an opinion.
Willard L. Hitchcock was drawn in his
place, and was excused for having ex-
pressed an opinion.
The third juryman, Gorham, asked to
be excused because he lived near the scene
of the murder. The judge asked if he had
formed an opinion so as to disqualify him
from deciding impartislly on the evidence.
He answered no, but would like to be ex-
cused Judge Powers answered that he
had no doubt oil the jurors would like to
be, and Mr.. Gorham was retained.
Justus Collins was drawn in place of Mr..
Hitchcock. He had heard the matter
talked up considerable, but had formed no
opinion; accepted.
Respondents counsel thought Mr.. Cor
ham ought to be excused. His honor in
quired if they asked it as a right. Judge
Dunton said he thought he might have
formed aud expressed an opinion, had
formed and held an opinion until now ;
did not know but he could give the matter
fair trial but had rather be excused being
so near the parties.
Henry j. Perry was excused on account
of his objections to capital punishment.
The respondents challenged Mr.. Gorham
and Hiram Roberts and they were ex-
cused.
James D. Weston and Henry Warner
were drawn in their places. Henry w.
Farmer was excused on account of having
expressed an opinion. Ira Holt was drawn
in his place.
The jury were then sworn.
The indictment for the shooting of Bar
ney McCue at West Rutland, on August
21st, 1876, was then read by the clerk.
States Attorney Fuller then stated the
case to the jury as he expected to show it
by the evidence.
CA plan of the scene of the murder was
shown and explained to the jury.)
Judge Dunton stated the theory of the
defense.
Twenty-Five witnesses were sworn. The
first witness called was
JAMES BROWN.
He made the plan of the scene; plan ex-
planned to the jury, and the various points
on it specified. Plan was drawn Septem-
Der 21st, 1876.
THOMAS DooLRY
Am a blacksmith; work in the shop
near the murder worked there six years /;
familiar with the ground coal bin was put
in between the 2lst of August and 21st of
September otherwise this is correct plan
at the time of the murder; saw a block
with the mark of bullet; 1t is there yet !;
recollect the day McCue was killed; saw
Patton come to the anvil in the shop at
seven o'clock; James Clifford, Burns and
Barney McCue were present. McCue was
derrick boss at Sherman g. williams
quarry; he had worked there, some time /;
his duty was to stand on the bank and
make signals to the men below; Patton
worked for the same company in both
quarries McCue came in first with q
small chain to have link put in
Patton came soon; heard Patton coming;
he struck McCue on the breast and said
You - bring on your men," McCue
backed toward me; l backed off; McCue
followed and Patton followed him; got out
onto the floor where there was a sledge
McCue caught and swung 1t, striking Pa
tons arm, when Patton leaned over and
a FaUnlUaE
was larger man McCue; McCue ran when
Patton drew a revolver; ran of north by the
qusrries; Patton held something in his hand
like pistol and followed McCue; l saw
him follow quite a ways McCue threw
something at Patton; Patrick Madden tried
to stop Patton at the door of my shop; some
one took hold of Patton up at the derrick to
stop him; after thought the fray was over
went over where they were; Paton's son
was standing on block swapping re-
volver; heard no threats between
the parties at this time next
saw Patton about ten or eleven Pat
McCue, Barney McCue, Mr.. Howe, and
others were present; Pat McCue was there
before Howe came Patton and Howe
came nearly together Howe read paper
to Barney nothing was said between
Patton and McCue at this time; didn't hear
any one tell Patton to go home; Patton
started off, don't know where he went /;
McCue left about ten minutes after Patton ;
my shop is only short distance from the
scene Of the shooting heard the shooting
a very short time after McCue left heard
two shots ; could see McCue but didn't see
him fall; could see part of Patton ran
over when heard the shooting / saw
McCue give one gasp started for doc
tor, and met DIR. Griswold /; McCue died
there he was a healthy man did not
open his clothing saw some one open his
clothing and saw small mark on the left
breast when the shot was fred / saw
Paton's hand pointed toward me with what
appeared to be pistol in his hand told
some one behind me TO 20 back az he was
going to shoot that way saw a bullet
mark on block of marble the ball scat
tered to the north Patton was standing
southwest of the derrick little ways.
Cross-examined- Had worked In the
shop six years lived on the hill part of the
time within forty feet of Patons house /;