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


The Mary Fletcher Hospital, was examined
and testified as to McCulloughs injuries,
as heretofore described, and as
f6 the medical treatment administered. |
Wines also detailed the results of the au-
topsy. The wound was produced by some
sharp instrument and its direction was back
ward. upward and TO the right it extended
TO n little right Of the spinal column it was
abou; an inch in length death was caused
by the shock of the wound and peri
tnntis that followed; the wound was NOR
tai one.
Gross t.ramintd Could not say whether or
not Mccullough was under the influence of
liquor nj the time he was taken to the hospi
tai man of Incorporate habits is not so
likely to survive such a wound as temper
ate one Mccullough was apparently
strong, muscular, active man the blow that
caused the wound must have bcru given from
below.
DENNIS NASH, AGAIN.
Dennis Nash's cross examination was re-
sumei, with the following result
MERCER, think, thought we were getting
beer while he could hot get any, and he said
about putting out the whole party
If he had the key they went ont having
been entirely civil and quiet, but when
they got Just outside the door they
said something about bull-headed
hishman they only came to the store
twice they did not come back and knock
heavily at the door did not come back at
all am positive Of that when they said
something about an lrishman Mccullough
jumped up and rushed for the door
saw nohody strike through the door; |
threw oil my coat and hat did so
in order to protect MCCULLOUGH Mcrcier
said Denny, You amt going TO strike me"
and held up his hand TO defend himself
struck linn twice, once with each hand; he
ran away did not See the younger MERCER
and Nlens don't know what became of them;
did not see Farmer strike any one went
out to protect Mccullough; Mccullough was
nowhere nearwhcn struck Mercer thought
MERCER was going 10 strike me have never
been convicted. Of criminal offence; have
been once convicted of Il breach of the peace;
did not see Fassctt get kicked.
CHARLES @. FARMER
was called and testified: Am 81 years old
work in the marble mill was at Lavigne's
on that saturday night asked for beer, but
Lavi%nc said iic had none | sang song
the Mercicrs and Niens came in and asked
for beer and were also refused they got
some peanuts, passed them around, shook
hands and appeared very friendly Mercier
asked me to 20 down to Pawkeya and get
se,nc beer; declined they left and in about
five minutes there was a violent knock at the
door MERCER thrust his fist through and
asked Why lose Irish fellows were not put
out as vel; rs l- Mccullough and Fassett
r,lsi,e-i ont of the door and Megciel struck
hin there Was Il scnitie for few moments
and McCu;luurh said Those fellows thought
they could HEX u.s." MERCER picked up
something anil appeared to throw it, and in
II second AlGf 'Hllopgh said nc was struck with
Il stopc lie then ran after MERCER, who fled
down the hill
c,oss-f rominod-M Fassett and he agreed
TO git some beer If would get the pail got
sthrce1pint pail and Fassett went with it to
Lavisnes; some time afterwards went to
iavigpcs, getting tte.e al aDaut 1910; We
all drank tie beer; Nash was where he conld
see every one Of us drink; the Frenchman
asked for some beer; WAS there when Bar
re;t came in; the fight between him and Nc
Culio;i.h began with the forne, lie said
something tina, Mccullough didn't like and
Mccullough took him by the collar and
slipped him over the stove; the stove fell
down this was about fifteen minutes before
the Mcrc!ers came in; the elder Alercer was
intoxicated; there was no 4uarelling in the
sa'oca on their part Mcrcier said if WAS
too good 10 go with him | might 60 to HI :;
none of us was drunk; Lavigne was con-
s,dc.ably effected by liquor
Mccullough had been on o spree los sever
al DAYS Whea the frenchmen came to the
door anu it was opened Fassett and McCul-
lo; i went TO the door; | was some dis
tanCc from the door the fist came in the
door, and a. Mccullough got up il struck him
in the face he rushed out Of the dunf and
Eassctt wen. with him ; there was row
outside; when got out Mccullough laugh
ell and said I've licked EN- pretty well !" l
was tho last man out ] did not see Mercier
or Vicn' | took no part in the fight heard
nLiauel Ci siunes thrawn did not see
McCu''ough or Nash throw any stones |
| did not knock down the younger Mercier !;
| did not SEQ Fassett knock him down; Suli-
van went for DIR. Atwarer and went home ;
am a marblc-polishcr by trade for year
past have been i'll the slate House of Cor
rection was sent there for burglary have
three times been convicted on other charges
when the Frenclimen were in the stase there
was talk Of our party chipping in" and
bringing some beer Mccullough did not
ask young Mercicr to lend him ten cents and
did not put his hand in his pocket a long
series OF questions followed, as to whether
or not Witnesses had rche4rsed their stories
| together before this hearing last night Sui
| livan mud t.lsseii aaI myself were la Mr
lfarc'5 office and talked this business over.
DANIEL. SULLIVAN
| testified ! went to Lavigne's at about $50
Mccullough appeared to be sober; WITNESS
| described the visit of the Merciers as pre-
viously detailed :: Farmer was singing hymns
and the rest of us joined in the chorus; when
| the Mcrciers came and raped at the door
and it was partially opened fist came
| through i Mccullough and Fasseit went
out shoulder to shoulder Farmer went out
| and Nash and myself think the whole party
went out Vicns and Mccullough had hold
of each other saw no blows struck nor any
attempt made TO strike a man came from
the north towards US 10 raised his arm and
threw stone which struck me on the leg
McCu,lou.h turned TO me and as he did SC
| he was struck on the back with stoIe hC
started after him, throwing off his cont as he
went both ran down the hill Fassett ran
after Them and | after him; met them re-
turning. Fassett helping Mccullough, who
walked with difficulty | assisted him up
| the hill FasSett and Nash started for thu
doctor they were gone lang tins and
| went to Dr. AtwaterS and found he haC
| telephOned to DIR. Bingham returned AMI
| DIR. Bingham soon came Mccullough was
taken into Gritln's house | then went dowr
| AMI notified the police couldn't swear who
| the man was whom Mccullough chased dowr
the hill in the scuflic saw Mercier walking
around Fassctt he then went towards thu
north am SURE the man who struck Nc
Cullough and rap down the hill was Aler
cicr.
| examined Have lived in Burling
ton twenty years :; iayitnc brought in tn,
beer in three pint pail We all drank th'
frs, time the Frcnchmcn came in there wa:
no qnarrelling and no interchange of words
when they came in the second time they alsd
behaved well and quietly Mercier did moth
in, ont of the way the door was LOCKED
when they came; the third time there cam,
a rap on the door and Lavigne's boy openet
| the door the man outside asked why they
didn't put the other party out ~
well us themselves I.avigne replied
that he didn't put them out; none of ou
party said anything fist came IN the door
don't know whether or not il struck anyone
Fnssctt and Mccullough rushed out Of the
door together, and the rest of the party fol
flowed them; did not see Nash take his coat
OIL Mccullough and viens clinched an,
when they LIT 20 Niens ran of did not Sc,
| the younger Norcier; did not see much of .
fight saw Nash draw off at some one cam
! say that he struck him; did not see Mercel
strike anybody or take hold of anybody; III
was walking arc,iDa in our crowd and
think he wanted TO strike Fassett, bit iii,
not, " CAUSE the party against him was Toe
large: SAW none Of our party throw any
stones; Mccullough, | suppose, followed
MERCER 10 yet satisfaction for the blow
from the stone. Mercier appeared TO hav'
MI arluful OF stones no one in our part,
, was drunk or affected by liquor; beer WA
brought in only once Mercier had his over
coat on cant swear that it was Mercier VIII,
threw the stone and ran down the hill thinl
it Was ne /. have been convicted Of crime il
this oi,y | don't know how many times
was in the House of Correction about eiGi
months; knew Mccullough for ten or ffteei
years; heard no talk NJ the saloon abou
"chippi1. n To huv beer; have not take,
this matter over with the other witnesses
talked about it nj Mr.. Hare's office las
night talked it over Saturday before Mr.
al - h.. In