Year: 1879

Il

 It was think in October 1877. Tho windows

 panes and sash were all broken in, til floor was strewn with stones; the pane

 of tine duer was split, all the windows wer

 broken in I nailed them up with boards

 nailed up the door, and the house, which wa

 left uninhabited till spring. When I wen

 there in the spring, I found in the bed enoug

 stones to fill peck basket

 Richard Poaoers Il was carting some woo'

 from Hickey's place on the 21st of November

 which Hickey had given me. I went. for tn

 first load about half pastthree. While load ing the next load, ODonnell came into tn

 field. Hickey asked him to help me get ou the wood. ODonnell drove the team as fa

 as Hickey's place-a hard place to get out.- Some of the wood came off, and O'Donnel helped load it on the last time saw O'Don nell alive. The next day Hickey was at my house and told me there was more wood lef upon his lot. went to see about it at fou Ill the afternoon; saw O'Donnell's body dow, the bank Went up and gave Thomas Hig gins notice. I had seen Hickey before abou 12 o'clock. He drank some cider with me He spoke of having had fuss with O'Donnel thought he had got the better of him this time. Ipayed little attention. Next time Saw Hickey was about half past six that eve ming. 1 told him thought they had had { time of it. He said he couldn't help it, ht had to do it or himself be killed Asked him what he was going ts do. He said, ''Give myself up to the authorizes" He asked where Mir. Cook lived. Left about to give himself | up.

 Powers wife testified that Hickey staid in their house the afternoon of the 22d

 Stiles 1fe0t.-I saw O'Donnell and Hickey | on the evening of Fist, at Mrs Keough's, about p. m. They came iA together, had a l two quart measure of cider. We drank it to- gether. 1 went to Hickey's house with O'Donnell for more cider. Hickey gave him the keys. O'Donnell couldn't walk straight They appeared perfectly friendly at this time. After coming out of the house ODonnell told me had better run, or old Hickey would be after me. This was about eight

 Mic1tdel Cr01ai7a. the funeral of Barthol- omew Hayes, about Nov. 3, 1877, had talk with Hickey. Told me how his house was broken in, said Thomas O'Donnell did it. ''If O'Donnell didn't keep out of. his way he'd make short work of him ]"

 Daniel Hanley testified to threats of Hickey against O'Donnell the morning after his house had been broken Tn.

 Other threats were testified to by John Han-

 Dr. Ssoett.-I live in Plymouth. Have been a physician three years. The body of Thomas ODonnell was exhumed on the 10th of April and made an examination of it. 1 found five wounds, Occasioned should say by four blows; one on the temple, oyer the right eye rough wound little over an inch in diameter the eye was injured and there was no fracture of the skull. There was an- other wound on the side of, the face cutting into the nostril; another wound from the eye tooth, back, crushing in the teeth another wound from the corner of the mouth back dnwuwarda ha artery, and this was evidently a cut. These wounds would cause death.

 The testimony of the prosecution closed on Friday. On Tuesday the trial was closed by all acceptance sf a plea of ''guilty of man. slaughter" offered by the prisoner The de- fence of the prisoner, as we hear, would have been substantially as follows: He did not deny the killing, bnt claims that it was in self defence against an attack made on him by ODonnei with view either of inf1ictiny severe punishment, or of robhing him of his money. By O'Donneps first blow Hickey says he was knocked over upon his woodpile, when his hand came in contact with his axe. AS O'Donnel was following up his attack, Hickey struck blow upward which inflicted the most serious wound on O'Donnel's face As soon as he could, he got out of the room. O'Donnel followed and as they came out in the open air, Hickey struck O'Donnel again with the axe. Then, realizing for the first time the fact that he had been using deadly weapon, he threw it back into the house. O'Donnel still pressing him, Hickey finally struck him Leavy blow with his fist which sent him down into the ravine where his body was found the next day. In corrobo- ration of the truth of his story about the att tempted robbery, Hickey would have offered 8 witness to prove that O'Dennel said in Thom- aston that he was going to New Britain to work. but that on his way he had chicken to pluck in Terryville. He would also hare claimed that the nature of the wounds indica- ted that they were made in repelling an attack. The skull was not fractured as would have been the case had Hickey watched his oppor- tunity, and taken O'Donnel unawares; and one of the blows seemed to have been struck upward, as if Hickey were fighting at dis advantage. Neither did it appear that the body had been dragged along, but it is. evil dentthat the wounded man, after being knocked down the declivity, died of loss of blood as he lay there. The evidence of Treat also showed an anxiety on the part of O'Donnel to get him out of the way, so that he could rob or beat Hickey without interference. The most serious objection the prosecution could have raised to Hickey's claim of full acquittal would seem to have been the fact of his intox- ication, which might naturally have rendered him incapable of using any sound judgment in any real or fancied emergency.