Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-12-27

Hon. ii. z. CHURCHILL, AS'IH' I1iyt''
RUFUS WAINwEIGHT. Ts,rk
\. +. DUssHEE ShsJig.
GEo. W. 6EAsDsY. Court Indif0r.
[ JOHN u ELLINGTON, TTeasHrsT.
MIDDLEBURY, Dec. IL.
The case of assault with a pickaxe BY the
foreman of the Goss kaolin works, on a
workman, was continued to the June term.
Tne case 0! Edward Dupray, for larceny
the prisoner plead griltv and will probably
be sent to the house of correction, Sen
teLce not vet pronounced
Case OF Barnes for adultery, continued.
MIDDLEBURY, Dec. 20.
The jury in the case of Henry Colwell for
attempt TO break jail, rendered verdict of
guilty.
The case of State vs. Luke Piper, indicted
for assault with dangerous weapons with
intent II kill, also indicted for attempt to
break jail. jury was drawn, two Jurors
excused, their places supplied Ths clerk
read the indictment and the case on the
| part oil the State was presented by State :
Attorney James NJ. Slade, in an able and
candid manner, followed by A. p Upper
for the prisoner. The counsel for the pris-
oner we're Upper and Ballard
The first lwItness called was John j =.
Kelsey, of Salisbury. After stating that
no had upon his farm small pond two by
SIX rods IN size, which he had devoted to
the artificial breeding OF trout, he said be
had been annoyed on several occasions BY
parties stealing fish thereirOm. On this
occasion he was informed that party was
then at his pond. and engaged in taxing
| fish, and himself aud son, julius. imme-
| diately started for the pond, he passing
around tbe bluff one way, and his son the
other. In passing bridge on the way, the
noise was heard by the prisoner, who
| gathered up his fish and started to
Leave, seeing which, he called to him
TO know what he was doing there" The
| prisoner replied by drawing a revolver ana
pointing it at him, saying ''don't come any
nearer or damn you | will shoot you"
Witness continued to approach and picked
\ up small limb while on the way, at the
s.me time replying to the prisoner. you
can shoot and be ID As he came up
the prisoner was pointing the revolver
| directly at his face. at the same time,
| glalcing backwards, he discovered the son
approaching from the other side OF the
| pond, and put up his weapon and said he
would give him ten dollars to settle the
matter and say nothing about it. Witness
| alter consulting with his son julius offered
to settle Tor $50, remarking he didn't know
| whether he had a right to settle it and
| asked him to come to the house and he
would inform himself. Prisoner replied he
had only ten dollars and would give that
but declined to accompany him to the
house. "And | told him. it is getting late
aud don't wont t. spend any more time
about this; what are y1u going TO do about
it. lie dIdn { make any reply, said, will
you go.to the house with me. lie said no
Said |. will you pay me $50? lie said no
~ I Iaha Ii -
you settle it Then, said he, will shoot
| you by c. lie manifested great earnest
ness and | expected from his appear
ance then he would shoot. | thought
| would strike him If | could before he
shot, and just at this instant made a halt
and he shot me. struck him lust as soon
as | could after he shot me. At this no
ment his hands were together holding the
| pistol right towards me, grasped with
both hands; my blow come partly on his
shoulder AID across his head. He lodged
and hit him the second time and before
he could recover from the blows Julius
grappled with him and We threw him down.
lie fell on bis face and julius while he was
there got the pistol out OF his hand.
The prisoner, Luke Piper. testified be
back by this fish pond. | stopped there
II
down on the sodth side OF the pond. his son
on the north sid. Kelsey, when he come in
sight OF me said mold on, d-n YOU, and
came along towards me, picking up limb
| two or three Inches in diameter. lie said
to me. ought to break your head with
this limb When he said this | took out
the pistol and said to him, don't you
strike me with that limb" Kelsey said,
do you know you lay yourself liable to
heavy fine ard three months imprisonment
for fishing in this ponG?' | replied
wasn't aware of it. He said. you sre'
said. Il will give you SO ard
say no more about it," Alter consulting
with his son, who advised him not to take
that amount. Kelsey said | will have
to have you 90 up to the house with me.
lie reached down and cut off the butt OF the
fish pole, think it was OFT feet long;
he said you are not going to bluff me one
bit, you are going to the house with me
| SAID. no. sir: lie drew Ito strike me
and | backed into the mire ! took out my
revolver, calculating to brighten him so that
be wouldn't strike me with the club be
struck me and the revolver went off he hit
me over this hand and the finger was enlsrg-
ed three times its present size. Ii was the
hand In which held the revolver; should
say he was within tour or fye fee. of ms
when he struck me. lie struck me over the
hand again and knocked me down and he
and his son both came on to me then.
State had nine witnesses in this case and
defense put on some seven or eight. Testi-
moDy closed at six O'Clock when the court
adjourned one hour for supper and held an
evening session, at which States Attorney
) ade Tor the State argued the case and was
followed by Ballard. Both made able and
n0Werful plaas after N hIah fha cnurf I'D
j0urned
DEcEABsR. 81.
Court opened at o'clock and Upper
argued the case OF Luke Piper and was to-
lowed by Slads. who closed the case at ten
O'Clock q. IN. The judge charged the jury,
who retired and after being out a short
time rendered verdict of guilty of as
sault.' This verdict is the subject of warm
discussion and severe criticism on all sides
The ways OF petit jury are past finding
out.
State " Michael Doan for attempt to
break Jail. Counsel for prisoner. K Ii.
Martin, Bristol. Jury trial. verdict guilty.
State vs. VIM. Fisher, assault jury drawn
and witness not present. In this case a
mol proSe9ui entered.
The jury were then excused till two
O'Clock. Monday afternoon. when the case
OF Batchelder will come in for trial
sALIssuRY.-Dr. o. NJ. Bump has been
engaged to each singing school the pres
ent Winter. The class now numbers about
tO and a goodly interest Is manifested.
The NJ. E. church at the west part OF the
town is being very nicely repaired by doing
oil the vestry in the basement. A very
good interest is manifested in religious
ha
car.
Mr. Converse is selling out his stock of
goods at very low rate, with the expecta-
ton of removing to Wallinglori.
The young Mr.. Lamson lately tried by |
the county court for stealing a horse was
discharged and Is now at large.
No Efforts a. yet are made to rebuild the |
Lake DunmOre llO;ei that was burned
CHARLOTTE-Th Sabbath-school children |
OF the Congregational society are to have
Christmas tree, Tuesday evening. Mr.. A.
A. ByingtOn. the superintendent, and Mr..
L b. Lyon, who has charge of the young
singers. with the help of the ladies, will
make their best Effort to have everything 90
off pleasantly.
President Buckhsm preached an able
discourse at the Congregational Church last
Sabbath.
Rev. |. Emerson, OF Underhill. gave Us
the first Lecture in our Lecture course at
the Congregational church. last Friday
evening. Subject. Forming character a
work of art" lie was listened to by large
and appreciatiye audience. lie may expect
a call from our lecture course again some
future time.
Mr.. G. Stebbns, OF Carthage, Mo, former
ly OF this town, is now at his old home
on a visit. He finds many warm friends to
welcome him back.
Mr.. John Holmes. who has been sick for
A long time. We are glad to hear is slowly
Rev. +. IL. Byington, OF Andover, Mass
delivers the second lecture IN our course
Jan. Sd. 1879 Subject. Russia and Turkey,
Or the war in the East
MIpDLEBu The block known a. the
= Nichols Block. is being rebuilt by John
VI. Dyer. of Salisbury. in brick and stone,
N three departments on the lower door. and