The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1879-07-18
RVF0EgD.
AXIS EriaI al Osresatos. Gay

His Trial al Osyesston. cay.
The trial Of Col. Tom Buford, for
he Murder of Judge Elliott, is now
progressing at Owenton. Ky. The de-
ense, after exhaustiug every plea for
continuance, were forced to trial by
The presiding Judge.
TUE COUNSEL.
The lawyers who are to conduct this
celebrated case are all present at last
They are
For the Stase-Capt Warreu Mont
fort. of New Castle, Commonwealth |
Attorney for the Criminal Court Of the |
Eleventh Judicial district; Col W c. /
p. Breckenridge, of Lexington ex-
Attorney General John Rodman, of
Frankfort; J NJ. Perry, } ID Lillard,
j G. Strother and j j. Orr, Of Owen
ton, KY
For the DefeDse-Ex-Judge George
NJ Curtis OF New YORK; Col Phil. B
Thompson, of Harrodsburg Hon j
A Prall, of Lexington, and IL. 2.
Montgomery, of Owentou.
TIE JURY.
Che following esfhe jury as now
r5 s.r y Il eele. FAD KEN,
-SsG Morgan, A5sazo Kemper, Ihos
Grugin. Riley Mason, Jchh s. Rans~
dell, w L Lancaster, 5 NJ Sebree,
a Hearn The jury are all young
men, from thirty to for;y-fve years old =,
plain farmers. and men who can, but
usually do not, read the papers. The
universal opinion OF their fellow couu~
tymeu is that it Is an honest Jury. that
will TO the best of their ability, dust
an honest scale for weighing he differ
cuces between State aud prisoner, and
declare the result without fear or favor
Perhaps the greatest doubt that can
attach TO them is the unanimity OF
their sentiments upon the infection Of
( the death penalty, the State having
waived the investigation OF that quos-
I ton in the cases of the last seven Sc
lected This was done because the
I State was losing the services of good
men because of this bubble OF cone
/ science.
/ THE COMMONWEALTH CASE.
Mr.. Montfort opened the presentation
+ Of the case which the Commonwealth
expects to make, aud, after describing
the old form Of arraignment, expressed
his regrets that it had fallen into dis
use, as its forms and formalities i'm.
pressed the jury with an additioua
sense Of the great possibilities rest
ing upon them. By custom and agree
ment, however, the Arrangement hai
been dispensed with but it was still
required that be should read 10 tn
jury the Indictment upon which theI
were to act, and this he read a. follows
Indictment for murder which is thr
usual form IS omitted
After reading tho indictment, MF
Moutfort continued by gjviog the de
tails of the purchase by the pGsone
: and his sister of the 400 acre farm il
) Henry county, the long series of suit
that followed, and the 6ual decision O
the Court of Appeals, which berei
Thos. Buf0rj, as the executor OF hi
i sisters will, Of both the farm aud SO,
; 600 which had been paid on it; reeite,
the threats Buford had made as t
what he would do in the case the sui
went against him. and than briefly re
cited the circumstances of the assassi
nation of the victim Of his vengeance
: He closed by saying that the Common
wealth would contend that the assassi
ton of Judge Elliott was a deliberat
t murder. done with malice afOrethough
"a killing that could not be othe
than a deliberate murder, and that I'll
: law presumes that every murderer
f Of sound mind aud responsible to tn
; Commonwealth for his act Their
b could possibly be but one defense
: that he was Of uusound mind, an
! either incapable of deciding betwee
: right and wrong, or that be had nc
sufficient power of mind to control hi
: his acts. In either case the law put
o the burden Of proof upon the defend
, ant. He must prove, beyond a reason
o able doubt, his insanity, and falling /
+ that. the jury must find him guilty {
j. murder in the first degree and condn
e him in the penitentiary for life, or 4
u his punishment at death He impress
n ed upon the jury The great respons
r bi.ties resting upon them. and the N
# eessity of their giving unfagging a
= iention to every word and step in II
!, case.
, The Com mOnwealth then common
e ed the introduction of Witnesses II
II following IS the testimony of Judi
II Hines, and all the States witnesses b
J. ing about the same, We print only h
II testimony:
Was 10 Frank fort when Elliott "
killed On Adjournment Of court {
h. the day of the killing, Judge Ellio
and witness remained moment al
N went to the Governors Office, thr
E. went in direction of hotel We
&c along the street where the railro
-, runs to Ann street, and into Churcl
rs livery stable We passed up stree
I'd saw Judge Pryor, the prisoner al
ne Col Weissinger, Of Louisville, on {
* steps of Capital Hotel Came out
% stable and went inro Tobias saloo
e. Saw Buford from the door of the live
nd stable on the opposite side ofthe stree
ed Observed that he had on hunting a
a eouterments. Just before reachi
- the Capital Hotel steps with Elliott,
&c saw Buford on the opposite side
rs the street. He crossed near where j
nd lott was stasding. bid Elliott goo
he by: did not speak to Buford. AS
walked off | heard Elliott saw TO 3
II ford: "Where are you going so rapi
as ly with your gun?" Bulord answere
q "Snipe hunting; won't YOU po?"