Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-05-13

THE PRELIMINARY HEARING BRfuEE CRY
IIDGE mAsELToN KvlDE%oE FoE InS



JUDGE mAsELToN EyIDESoR FoE InS
PROSECUTION. |
Albert MERCER, charged with the crime of |
murder in the first degree, for causing the
death of Frank Mccullough on the night Of
Saturday, April 30th, was arraigncd in City
Court before Judge llasclton Tuesday morn-
ing. The prisoner was accompanied by his
wife, and although somewhat nervous and ap
pcaiing t. fully realize his unenyiablc posi-
ton gave no Indication of modify ing his on
ginal story and continued firm in his preyt
ously declared assertion Of innocence of the
crime with which he is charged. States At
torncy NJ. A. Bingham, assisted by w. II.
Hare, appeared for the prosecution AMI Hen
~ Ballard assisted by G.. b. Shaw, for the
respondent An audience that completely
packed the narrow court room was in attend
ance and watch d the proceedings with the
closest interest
The first witness called by the Stale was
Thomas Fassett, one of the participants in
the homcdal afrray. who testified as fol
lows:
Am n resident of Burlington and lnborcr;
knew Frank Mccullough for nine or ten
years was III company with him on Satur
day night, April Both, at John lavignc's
store, on Battery street, southeast of Lans's
hill on the opposite side, towards College
street; in Laviguc's place on Saturday
ni.ht were present myself, Lavigne, Nc
Cullough, Daniel Sullivan, Fardee Clorin.
Lavignes son; these parties were there al
about 10 O'Clock; Dennis Nash afterwards
came in; the Mercicrs and Paul Nicns soon
came in also; they shook dice for the pea
nuts; they remained about five minutes had
no conversation except with Lavigne, whom
they asked for beer; he told them he had
none they returned after about an hour,
in the meantime Farmer having come
in :; the larger man (Mercier) SEEM
ed very friendly, shaking hands all
around the Mcrccrs again asked for beer
and Farmer offered to get some if they would
help pay for it none OF our party had any
money; Nicns said he had been down TO
Pawky's and had had n good time; ltcs,i-
mony objected to BIZ Mr.. Ballard and obicc-
ton sustained by the court the last time
the Merciers were in the store about twenty
minutes in that time Farmer was talking to
Mcrcier and to Niens there was general
CORNERSTONE Htti'Hi ~
me and We shook hands we had little
general talk had previously seen him and
knew where he lived, but did not know
his name; he wanted me to 60 down street
and said we could yet all the beer we wanted
[ declined and We shook hands and he start
cd out he told me he had gone down street
and got all the beer he wanted Lay me
and his boy opened the door and let the
Merciers out, and they left, bidding us good
night, there being no apparent ill-ieellns
whatever they had been gone about five
minutes when there came q heavy knock at
the locked door Lavigne asked who was
there and they answered he said they
were the boys who just went out
the door WAS opened and MERCER stepped
half way in and asked why Lavigne did not
put out the rest of the party also; somebody
struck out fran the door, his list 1alnins Le
tween Farmer and myself Mccullough Was
sitting in the room he jumped up aud he
| and went out shoulder to shoulder could
see no one it was 50 dark and did not know
who struck at me through the door | was
struck there and partially stunned when |
came to saw Mercier standing in front OF
me think some of the party threw him
away from me Sullivan asked me if | was
hurt and told him was all over it Mo
| Cullough stood little north OF La, ,gne's
with his hat off, laughing. and said they
thought they could .'clean us out :" Nash
went into Lavigne's saw man coming
down Battery street on n slow run he ann
ed blow at Mccullough who cried out
that he was struck with stone the hssa'l-
ant then wheeled around and ran across the
road towards Lang's hill Mccullough Start
| ed in pursuit when the man got near the
hill he turned around and saw it was Mcr-
cier; MCCULLOUGH threw of his coat
Mt the head of the hill and ran after MERCER !;
l followed; could not see MERCER but recog-
niZed Mccullough by his white shirt At
length saw Mercier also when near the foot
of the hill Mercier turned and the men met !;
, they ran right together at that moment
Mccullough cried ont 81 am stabbed" Mler-
cier ran toward the depot Mccullough was
staggering when reached him; there was a
light at the spot where the two men met and
| clearly recognized MERCER took McCul-
Tough by the arm and led him slowly up the
hill; he put his hand to his sidc and appear
ed to be in great pain he leaned on me very
heavily; it took us some ton minutes To as
cend the hill near the top Sullivan met us
and helped me lead Mccullough; | saw some
one run by us on Battery street recognized
him as Mercier SAW Lavignc and the party
and left Mccullough in their charge and with
| Nash ran for TIM DOCTOR went 10 Dr. At
| waters and he telephoned 10 DIR. bingham
and we ran to his house; told him where
Mccullough was found Mccullough lying
on the doorstep and carried him into a
neighboring house, that of Mr.. Griffin saw
the cut it was on the left side and the in
| testincs prOtruded.
q. What were the circumstances oi Aler-
ciers arrest!
Objected to by Mr.. Ballard and objection
overruled Witness continued: 1t was about
eleven O'Clock that Mccullough was stabbed;
about fifteen minutes after the doctor camG
the policemen arrived; went with them
to arrest MERCER and showed them his house;
went in and found MERCER sitting up they
arrested him; he said that he had no knife
Cyoss-f xanliHtd By Mr.. Bdlldrd-l live on
Battery street about quarter of mile from
I.avisncs store had been intimately ac-
uuainted with Mccullough; have known
Fardee Clorin for about eight years; have
been ON friendly terms with both anil alsc
with Daniel Sullivan whom have known
for seven years have known Charles Farmer
for about four or five years and hav,
been on friendly terms with him; | went It
I.avigne's on businesses - after beer-al
about 045; I.ayigne had no beer we did
not send out and get some beer, TO my
knowledge, before MERCER came in tcsti
mony in chief gone over but No additional
facts of any importance elected after the
Mercicrs had gone we drank some beer thai
I.avigne produced il nearly filled IL two
quart pail Nash, Charles Farmer and my
self were sober and think Mccullough was
too; he had not been ON spree Tor several
days previous, ms far us know drank moth
Ing myself that evening before drinking TIT
beer details already given repeated at con
siderable length Nicns was intoxicated ant
the elder Mercier was not altogether sober
he was drunk Lavignc did not want us Il
20 out and did MT ask any one, nor did HI
boy, to get the crowd out of the store wher
Farmer and were struck nj from the dool
We had not made any insulting remark:
about any one; when went out Of the dool
| saw Mccullough chasing Vicns, who wa:
running away from him did not see McCul
, Tough previously knock down tiens; did no
see the Younger Mercicr at all after | wen
out of the saloon we threw no stones n
MERCER; when the two men came together
at the foot of the hill WAS about half wa,
down Mercier had on an overcoat which
, was buttoncd up all the time | saw him a
the foot of the hill he turned and ran bacl
towards Mccullough | saw no stabbing ant
no knife saw Mccullough throw his arm
up in the mir did not see Mccullough strill,
any one that night and saw nobody struck
1.-THE witness here made an attempt 10 evad,
Mr. Billiards. questions, and long and teiiiou
series of interrogations and evasions follow
ed finally witness detailed II row that &C
CURED earlier in the evening at Lavigne's be
tween Mccullough and one Barrett and con
tinucd both men rolled over the stove al
parties were sober did not see either strik,
the other in the aiTray that led to the homi
eide saw no one struck or knocked down
have lived in Burlington about fourteen
years have been charged with larceny hav'
been in the House of Correction II days 70
petit larceny have been arrested here fou
or five times possibly more.
Redirect trdmindtiOri-We drank at La
vigne's about three pints of beer, sin or sever
of us young Mercier was abont ninetceI
years old when Mercicr started to run dow
the hill our party was on the south Mercic
| to go directly home would have to go north