The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-04-06

quickly and from all directions, and the
wall continuing said some one has fall
en- into the quarry got there as soon as
could and found q man reclining on q
pile of debris he gave one gasp after l
saw him and died l felt his pulse and
listened at heart, but it had stopped beat
ing the wound was about an inch to the
right of the left nipple il it went in
straight II passed through the right lung
before 1t struck the base Of the heart
knew 1t to be Barney M3Cue saw the
body in the house didn't take part in the
post norton examination.
The court here TOOK a recess till two
o'clock.
DIR. L. SHELDON
| recollect the occurrence of the 21st of Au-
gust Patton came to the house in the
morning about eight; inquired for Harley
G. Sheldon, town grand juror, said he
wanted to make complaint against Bar
ney McCue for assault he showed me q
bruised arm and said Barney McCue struck
him with sledge eaid few nights be-
fore Pat McCue had got his son drunk and
he had made complaint against him and
Barney was mad at him on that account.
Went TO McCue's house after noon assist
ed in the post norton examination; death
was produced by bullet wound about an
inch TO the right of the left nipple, near
the center of the fourth rib, but the bullet
did not show on the rib bullet entered
between the fourth and fifth ribs pierced
a gf Nhn 1.rf l,l.. e
through the left ventricle of the heart, and
was found Embedded deeply in the sixth
dorsal vertebrate have the bullet (bullet
produced and fitted to the chambers of the
revolver and found to be of the size) the
effect Of the wound was nearly instant
death there is no more certain mode OF
producing death.
DIR. q. l.. ALLEN
held the post mortem examination of Barn
ey McCue. The witness corroborated DR..
Sheldon on this point, and on the fact that
the man was in sound condition and the
wound sufficient cause for death.
The prosecution here rested their case
and the defense opened with
JOHN YOUNG.
Live in West Rutland; have known Pat
McCue some time; saw him on one occa-
sion last June don't know whether he
had revolver speaking of Patton he said
he should have left town two weeks before
only he was waiting to get a chance at Pa
ton this was down near the depot met
Pat McCue soon after Barney McCue's
death at another time Pat McCue said he
heard l had great deal to say about this
fuss and we had hard words; it was on the
platform at the depot l never knew of
any trouble between Patton and the Nc
Cues ] was always friendly with the Nc
Cues till this affair on the platform ; at
that time he accused me of having been
over to see Patton, which wasn't true.
DAN o'HARE.
Have always lived in West Rutland till
eleven months ago have known Pat Nc
Cue; was In Jail with him last July; he
said the officer who arrested him took re-
volver from him he. said he wanted that
revolver, he got 1t to put Patton out of the
way and by Christ he didn't want to lose
1t; he had particular ball in it for that
purpose John McCue was with him.
PATRICK PATTON.
Am son of John Patton Pat McCue
was around our house one night last June
with Shanshan (; the 10th of June he and
John McCue were there father came and
woke us up and said the McCues were kill
went out and heard John and Pat McCue
fol fol 70 Il G...
done by John McCue; Pat McCue and
Shanahan were there the 18th of June; Pat
said there was no Patton able to put him Off
"Rebel Hill"
Cross eXamined-I remarked the night
well there was no moon John McCue's
voice gave the first shout l heard it was
down about fifteen rods away they were
coming over to where we lived father
was down in the street when he heard the
noise | was near enough to talk with
them but didn't John McCue shouted
"Heres McCue" when he was coming over
the hill don't know what they wanted
with father Pat McCue and Mike Shana-
han were there in the day time father
told me that Pat bailed him once; 1 heard
that he had bailed my brother / think 1t
was in March before this they were dis
charged on their own bail at the quarrel
on the 10th of June went down to Sher-
man & Adams barn during the firing
Pat told John to save his powder till he got
better chance, calling to father to come
out from under the barn.
DAN o'HARE.
Recalled-I saw John McCue in the
joil didn't soy much was kind o. tight
he said he was worth about $500 and if he
could get backed up by as much more he
would lose it all but he would have Paton's
life during the eleven months was from
home boarded in Millington's hotel; been
out about six weeks have talked with
Patton, but didn't tell him this have been
on good terms with the McCues and Han
ley was arrested once for breaking into
Hanley's etore +; was tried and acquitted
JOHN SWEENEY
testified that he was walking with Patton on
the 10th of June, when they met John and
Pat McCue and row ensued, during
which John McCue struck Patton with
stone; Patton knocked him down and ran
off, followed by Pat McCue in few
minutes he returned with gun looking for
the McCues he was struck in the breast
by a stone and had mark on the back of
his shoulder which he said was stab of
knife he saw the gun the next morning
and it wasn't loaded.
JOHN CURRY
testified Pat McCue and Mike McGarry
once came to my house and asked for John
Patton ] said he was not in when they
went out Pat said he would fight him if he
found him.
A number of other witnesses were called
but knew nothing about the case. 1t be-
ing nearly five o'clock, Judge Dunton
asked for an adjournment till tomorrow,
saving II waa almost ;Ynnoaeihla IN find ont