The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-12-23
X. II. TOWN Err.
Washington County Court.

STATE V. THOMAS CoRCoRAN, Mortified,
Assault with intent to kill claimed by the
State to have been made by respondent
upon John Kelley in the Cox brook locality
in Berlin, in the barn OF Jerry McCarty,
March II, 1896. The affair happened in the
edge Of the evening, in the stable of
McCarty, who, with one Whalen was milk
ing when the occurrence began. The
states evidence showed that respondent
and Kelley had come in sleigh together,
from the house where Kelley lived, in re-
spondent's team. 1t tended to show that
both Kelly and respondent had been drink
ing cider at the Kelly house, but this was
denied by Kelly. That respondent inflicted
upon Kelly three wounds, two in the chest
and one in the neck, with jack knife, was
conceded. DR.. W. B. Mayo of Mortified
testified that the wound nearest the breast
bone punctured the lung tissues, and from
this wound there was an exit of air with
each respiration. The doctor found Kelly
very cold and very pale. He arrived in the
vicinity Of eight o'clock in the evening and
staid with him until six o'clock the next
morning. Kelly's present appearance shows
that he has passed through very severe
experience. He testified to having gone into
the barn first. Received three stabs. Re-
fering to respondent in cross-examination
he said he struck me quick as light.
ming. Had not done a single thing to
make him strike me. Referring to the ride,
he had no particular place in mind. Re
spondent had asked him to ride. Wanted
to show his horse. He denied that there
was any cider at the Kelly house.
In the defence Corcoran took the stand
in his own behalf, and his story was con-
siderably in conflict with that told by
Kelly. He claimed to have been invited
by Kelly to have some cider, and described
the circumstances of drinking it while at
Kelly's. While getting his team to start
away Kelly wanted him to have some more
cider, which he at first declined and then
consented, and while Kelly was going after
it had endeavored to get away, but Kelly
came out, jumped into the sleigh, took the
claimed that Kelly was the aggressor. The
defence claimed that respondent was
knocked in among the cows. Corcoran tes-
| tilted that he took the knife because he ex-
pected to be killed, or as good as killed !;
no intent to kill Jack Kelly. The test-
mony of McCarty and Whalen did not bear
out Kelley's story, but made him partci-
pant in the affair, and the state did not
claim that his version was a correct one.
The jury were given the case little be-
fore five o'clock, Thursday afternoon AT
| ter being out all night, on Friday morning
was guilty of assault and battery. He was
sentenced during the forenoon for a term of
nine months in the House Of Correction at
Rutland. States's Attorney Rowland was
assisted by Judge stanton In tne prOsecu-
ton; Frank Plumley and W. A. Lord for
respondent.
STATE V. JACK ALBIN, Selling, furnish
ing, etc Respondent pleaded guilty to one
! first offence, but denied that he had sold
any liquor. Respondent was fined $75 and
costs. In the larceny case against this re-
| spondent, bail has been fixed at $500.
STATE V. ISABELLE A. MARSH AND WILL
LIAM @. BUzzELL.-The Mortified poison.
| ing case. Continued.
STATE v. W. III. GIDDNGs. Continued.
| THE court is to re-convene at half past
one o'clock, Monday, December %, to which
| date the jurymen were excused on Friday
forenoon when the Goddard Seminary arson
case, State v. Charles A. Wales is to be
taken up for trial.