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

eide, knife; it was black handled, with a
blade some five inches long it was, | have
heard, called a dirk knife; had previously
seen it in Merciers possession; on that Fri
day afternoon borrowed it; either returned
it TO him or laid it down near him.
Cross eramin6d-The knife was not an or
binary one.
The proceedings we're here adjourned until
this morning at nine O'Clock
Second Day.
CONTINUATION OF THE STATES TESTIMONY.
The second day of the hearing in the Mer-
cier case opened with smaller attendance
of spectators than on the previous day, but
the number was gradually swelled until the
court room was crowded The first witness
put upon the stand by the prosecution was
ALEX CROSBY,
who testified as follows: Am resident of
Burlington; have known MERCER eight OF
nine months he used to come to my shop
frequently; saw knife in his possession
it was long, slim knife; it had spring
back; the blade was, should think, three
and half or four inches long; it was IN
oldish knife; l have heard such one called
dirk knife; as general thing people don't
carry such knife.
Cross erdmined - 1t was in October or
November that saw the knife; have not
seen 1t since; have frequently seen similar
knives they are for sale by our merchants.
WILLIAM POWERS
testified Am an employo of Alex Crosby's,
have known Mercier since last October saw
him at our shop; tquestion objected to by
Mr.. Ballard, on the ground that the fact that
respondent had knife last October was not
material after long argument testimony
was admitted saw knife in his possession
about November; peye- saw such o knife
before and therefore noticed it more particu-
larly; the blade was about 81 inches in
length, more or less.
Gross erdmined. Don't remember ever
seeing the knife but once that was in Oc-
tober ar November; had seen one such knife
before,
WILLIAM WINTER
testified: Live in Burlington and am a
laborer; know Mercier; saw him have a
black knife with q spring; the
blade was, ! should Judge. six inches long /;
never saw it in his possession but once that
was last Winter; he was using the knife.
Cross-eramined. Can't tell the exact time
! saw Mercier have this knife; / call it a
dagger; have once or twice before seen such
klis0 me blade of this one was perhaps
half worn down
JAMES K. RUSSELL
testified Reside in Burlington and know
Mereiet have seen dirk knife in his pos
session the blade was four or five inches
long saw it in his possession two or three
IL 1act Cat rflatr
April 30th; borrowed it of MERCER aud re-
turned it to him.
Cross ;ga;aed. This think was Satur-
day afternoon, at the house Of Elmore John
son; the handle of the knife was black the
blade was somewhat worn-perhaps halt
and was rather dull; have seen such knives
before.
@. ". DERw
testified Am member of the police force
of this city; was called upon to go to the
scene of the ARRAY and make some measure
ments; George D. Shaw and another man
were with me from Lavigne's to the brow
of Langs hill is 15S feet; from there to
the foot of the hill, corner Of
Bank and Lake streets, is 3a2 feet
from that corner to tho north end OF the
Shepard & Morse retail sheds is about 20
ICtt W lhSSClStl utBOl ID LII lCCt- L LII
cross-examination elected no material facts.
Mr. Bingham here announced that the
State rested its case.
THE RESPONDENTS SIDE OF THE MATTER.
Mr.. Ballard stated that he should ask for
the discharge of the respondent on the States
evidence, and that he had not decided wheth-
er or not to put in any evidence. He asked
that the hearing he adjourned until after
noon.
MIR. Bingham objected to any delay.
After considerable argument the court de-
MED the request for adjournment, but sug-
gested that respondents counsel might retire
for consultation and the suggestion was
followed
On coming into court Mr.. Ballard an
nounced that the defence would introduce nc
testimony.
Mr. Hare, m whom devolved the opening
argument, asked for an adjournment until
afternoon, to enable him to review the testi-
mony.
The court granted the request and adjourn
cd the hearing until l p. m.
Afternoon Session.
SHALL MERCER BE DISCHARGED! - ARGU,
MESTs OF COUNSEL.
At the commencement of the afternoon
session Mr.. Hare made the opening argument
for the State, speaking in brief as follows;
ME-. HAEE's ARGUMENT.
The respondent in this case practically
pleaded guilty, and all that ought to be ne
cessary for lis is to ask the court to bind him
over. Let us review the evidence. Thomas
Fassett, an eyewitness of the affray and OF
the homicide, testities that he went TO La
vignes on that Saturday night; after {
while the MERCER party went in. The onl,
beer drank was quart and a half, and thi:
was divided among the seven men present
As to the previous row that evening between
Mccullough and Barrett, it was only littlt
friendly wrestle. of no consequence at all
The Mercicrs came in and asked for beer anC
were refused. and off they went. In about
three-quarters Of an hour they returned, hav:
ing been on debauch in one Of the most in
famous deus in Vermont, and being under
the influence of liquor. They came back Il
Lavigne's because they heard the voices of tho
disposition to boss" things in Lavigne's. ii,
asked one OF two of the men TO go TO Pawkey':
with him and get some beer, and they de
clined. The Merclers then left, but soon re-
turned and knocked heavily at the door Al
the witnesses but one testify to this BY hi:
act Mercicr invited murder. lie cried ''Tu
ont those mem lie wanted to get them oul
on the street A fist came through the door
The men in the store ran out. Fassett was
kicked severely and when he recovered Mer
cier was circling around him rs if to strike
him. WhiL the Merciers were out they
made up their minds to assault the McCul
Tough party rs they went out Of the house
After the alI,uy MERCER went toward the
north hc returned. Why did lie return
The result il the answer. Mcrcier threw 6
stone, hit Mccullough and fled down Lang
hill He led HIM there because it was dDn
venent place in which to take his life. Nc
Cullough pursued him 10 ascertain who hi
was At the foot of the hill Mcrcicr turn
ed and ran toward Mccullough and stabbed
him there.
Mr.. Hare then examined the testimony al
considerable length, claiming that all thu
facts in the case showed that Mcrcier pro
voked an attack. In that case if he stabbed
Mccullough 1t would not be UNSUITABLE homi
eide.
| MIR. u. II. SHAW
closed for the respondent. Mccullough
name, he said, had long been the synonym
for brutality, indecency and scoundrelism
He was one of the worst characters in thu
city. MERCER is peaceful, inoffensive man
Ii he killed Mccullough he did the commun
itya great service. An exposition of tn,
duties of committing magistrates was theI
given by the speaker, he claiming tina
the court stood in the exact posi-
ton of the grand jury. and tina
that body, in bringing in an Indictment, mus
have reasonable ground for the belief that TIN
respondent will be convicted by the peti
Jury The State has not made ont prim
facie case against our client On its evi
dence the grand jury would return no bill
and the petit jury would render u verdict o
not guilty. We therefore ask for the dis
charge of the respondent. The court is no
justified in dcpriving him of his liberty.
Mr. Shaw then spoke of some aspects o
the testimony and denounced the characte
IT Mccullough and his associates, the wit