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Burlington weekly free press. (Burlington, Vt.) 1866-1928, April 20, 1866, Image 1

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VOL. XXXIV. NEW SERIES VOL. XII.
BUKLINGTON, VT FEIDAY MORNING, APRIL 20 I8G0
NUMBER FORTY-THRFE
CEO. W.ii n. C. BENEDICT,
EDITORS ASn TBOrn'riORS.
FRIDAT MORNING APRIL 0. 16G0.
The Fi.v.necans. There is a fresh stir in
the Fenian circles, and in Her Majesty's pro
vince. It seems that tho terrible Fenians
propose, as has of late been freely stated, to
seize the island ol Campobello. belonging to
New lirunswiek, off tbe mouth of the Pas
simaquoddy Bay, and there inaugurate the
Irish Republic. The followin dispatch to
the New Vork Herald, from Eastport, Mc,
just opposite Campbcllo, has a belligerent
air :
Eistpobt, April 10.
Uommnnication between St. John and the
western towns on the ISritish tide was de
stroyed last night by th Fenians. The gar
rison at Cam o Rello has been incrcased.and
ku engaged yesterday in throwing up
earthwork. The Fenian oonention is now
sitting. The hotel and boarding house arc
crammed with bcni-ins arrived Iroui New
York to-day. Tbe inhabitants aro skedad
dling from tLe uti.er tide of the lwrdcr and
otning here for sai ty. i'nu more English
war shifts are reported steaming to the
north-eastern beadlaud of Camisi lU.Uo
island. Tbe Fenian vessels which arrived
here a day or two ago. and which are armed
witb howitzers sih! ivvcuty pounders, were
not allowed to go out ol tbe harbor at 12
o'clock Iat night, by order of the Custom
House officer. The Fenians are ejnGdent
and cool.
The Toronto papj-rs and psoplo are excited
over the arrest of Mr. Michael Murphy, the
bead centre of the Toroct j Fenians, and five
other Irishmen, traveling from Toronto to
Portland, it is supposed to join some Fenian
expedition. A dispatch to the Toronto Lend
er says "arms in considerable quantities and
ammunition were found upon them." Tlie
"quantity" of arms and ammunition which
could bare been stowed away on tbe persons
of six travelers must hare been vast. Full
details will probably din-loee the fact that
the ' fifteen thousand " Fmian uniforms
collected at Burlington, fur St Patrick's
Day, were also "upon them." "be premi
ses of tbe arrested parties wen searched,
and munitions of war found and seised to
tbe extent of four revolvers and a rusty mus
ket. The latest dispatebes frost Toronto
announce that " tbe authorities arc act in;
with the utmost prompt!' e." So that we
may expect tbe Canadas to bold their own
gainst the Fenians for a while longer at
least.
Uomgussioxal. The Xatioxal Dane
kcpt ltiu. has been again defeated in tbe
House, but by a close vote. It has been
before Congress several sessions.
Tbe Loan Bill, to enable the Secretary
of tbe Treatory to meet tbe obligation? of
tbe government about to become doe, psseed
tbe Senate on Monday in toe some form as
it passed the House. There was a good
deal of discussion upon the bill, those op
posed to it arguing chiefly that too much
power was placed in tbe bands of the Secre
tary, especially with regard to contracting
the currency.
Tbe N. Y. Times says :
" Senator Lane of Kansas ao doubt greatly
exaggerated when be said that the Republican
Party is crumbling to pieces.' "
We are happy to be able to agree on this
point with the Times. It is the Senator afore
said who is "eromWing," not tbe great party
which has kept in office ever since tie joined
it at least, ever since it bad an office to
give him. jY. 11 Tribune.
PaEFAUN'o for Trouble on the Sr. Ijaw
xsnce. We perceive by tbe foreign news
that tbe English government is fitting out a
fleet of war veel, whose destination is
supposed to be tbe St. Lawrence. Great
Britain i taking every precaution to pre
vent a surprise by tbe Fenian. It will also
be bandy for Iter to have a fbet of war siiips
on tlie St. Lawrence in cam- any difficulty
should arise with the American fishermen
on the Banks ot Newfoundland.
The Seat or the .Fkkias Was. The
island of Caiopobello is a narrow piece of
land stretching north and tooth, at tho en
trance to tbe Bay of Fondy, and at tic
mouth of the river St. Croix, whieb latter
for many miles forms the boundary line be
tween the State of Maine and tbe Province
or New Brunswick. The island is about 10
miles in length, and at its greatest width
measures probably 3 miles. It is indented
nil along ite sides with numerous bays and
inlets. One of there, failed Harbor dc Lute,
almost divides it.
There pro on the island about 1000 per
sons, fishermen and their families. It was
named for Sir Archibald Campbell, govern
or of tbe Province about the time nf" the
Revolution.
Campobello is tlie second in sixe of all the
numerous islands at the mouth of the Bay
of Fundy. Giand Manan, which lies more
seaward, is the largest. Quoddy Hood, op
posite the southern end ot the island, rises
high nbove all tlio surrounding land, nnd
would be, if well furnished with fortifica
tions, a commanding and strong position.
It overlooks tho narrows, which are the out
let to the waters ot the St. Croix river and
Passamcquoddy Bay
The island of Campobello teems to have
been selected by the Fenians as tbe base of
their operations against New Brunswick.
That this is to be their only point of opera
tions is not likely. Toronto dispatches of
yesterday say that information has been re
ceived of an intended attack on tbe Niagara
frontier, and that several companies of Fe
nians bad left Chicago, ostensibly for Og
densburgb. A Washington dispatch says :
" It is stated that Sir Frederick Bruce, the
British Minister, has received information that
leaves no doubt of the intention of tbe Feniars
to attack some point in the British Provinces,
and that serious remonstrances have been re
ceived from the Canadian authorities."
The Portland Press, noticing the pissage
of Fenians through that city, says;
" What the programme is we do not pretend
to know. Bat to ui these proceedings here look
very much like a " blind." If a movement
eastward was in contemplation there would not
be such a general and public exposure of arms
and admonition brought from New York, as
there has been. Matters would be condacted
with more secrecy, and the men would be more
cautious.
Senator Poland nnd the Stockton Cns
From Walton's Journal.
WjisuixoTOjf, April 5, 16GC.
Hon S. P. Walton :
Deab. Sin On my return here list merit I
found jour paper of the SOth ult, containing
an article on the Stockton case, and criticising
uij course ra relation to it. i very tally ac
knowledge the right of the public press to re
view the action ot men holding public position,
and to condemn whatever they disapprove, and
I believe I have never in any instance attempted
any public explanation of any act of mine
which has thus been questioned. I would not
in the present case, except for one sentence in
your article. Ton say :
"Now we have to add that Senator Poland
sustains Mr. Stockton, while Senator Foot is on i
a sick bed, and thus Vermont is wholly on the
side of Mr. Stockton. This incident will give
ircuuar interest to me question in Vermont,
and if the facts warrant the conclusion that
lucre is a reasonable doubt against Mr. Stock
ton s right, the vote of Senator Poland will be
much regretted and justly condemned."
You do not say directly that Mr. Foot would
have voted against Mr. Stockton, if he had
been able to be present, but such, I think, is
me clear implication.
So far as I hate means of knowing, Mr Foot
if present, would have voted as 1 did. After
the case had been vciy carefully examined by
the committee, and we had agreed to report in
javor oi .Mr. Stockton, 1 conversed with Jlr.
Foot about it. stated to him all tbe mints of the
cast, and tlie grounds on which we thought Ins
flection valid. Mr. Foot said he thought the
decision of tbe committee was correct in point of
law, and could not De controverted, unite the
was being discussed in the Senate, and af
ter it was known tho vote would be very close,
and some political excitement bal risen, I was
told in the Senate that Mr. Foot said be sbonld
vote-against Mr. Stockton, ami was requested to
withhold my vote for Mm. to equalize the loss of
.Mr. root's vote. I immediately went tosee .Mr.
Foot, and told him what had been said to me:
and further, that if be had decided to vote
against Mr. Stockton's right to a seat, I would
withhold my vote. Mr. Foot replied that he had
come to no such conclusion, and said to me that
if I had examined the ease, and felt sUisSed
that Mr. Stockton was h gaily elected, it was
my duty to vote so, without regard to him.
have no doubt but that if Mr. Foot had been in
the Senate, Vermont wonld have given one more
vote for Stockton.
Whether Mr. Stockton was legally elected or
not, was purely a legal question, and could not
properly be affected by bis politic?; the same
state of facts which would legally elect a Repub
lican, would rqua'ly elect a Democrat, or a
copperhead.
' In your article it seems to be assumed that in
the performance of my duty, the polities of tbe
candidate and the state of parties in tbe Senate,
should have leea taken into consideration by me.
No one would have rejoiced more than myself at
any legitimate accession to tbe Republican
strength in the Senate, but I did not suppose
1 was at liberty to vote against a man I thought
legally .elected because lie was not a Republican,
nor do I believe any Republican in Vermont
would desire to have me.
I do not proposo to enter into anv argument
to prove that my opinion or my vote was correct ;
but I did believe, and do now, that when an
election was devolved upon a particular body ot
men, and no express law existed as to the man
ner in which they should express their choice,
that by the general ruk of parliamentary low
any manner, which the majority aereed upon,
and which should tend to bring out the personal
choice and judgment of the electors, was valid.
But if I was wrong in my judgment, K is some
consolation that my error was tiarticipated in
by tush radicil rtpubheasi and jurists as Judge
Trumbull of Illinois, Judge Harris of New
York, Vice President Foster of Connecticut, an d
Henderson of Missouri.
Very truly yours,
L. P . rOLAND.
We of course give the above cheerfully
and if it shall relieve anybody cf any error
growing out ol tbe article tnat elicited it,
wc shall lie glad of it. It adds to the case,
as we stated it, the fact that Senator Foot
at one time concurred in judgment with
Senator Poland. I'crhat lie did to the end,
though it is observable that in the last in
terview he did not commit himself, and ad
vised Senator Poland to act upon hi own
conviction of auty,"without regard to him."
It was fit advice tor a dying Senator a no
ble rule for the living. I lad Senator Foot
lived to listen to the debate and unite in the
final vote, wc cannot help feeling that his
clear appreciation ot tho legal and practical
distinction between a legislative body of eo
ordinate branches and powers, and a joint
assembly, would have led him to votc.on his
own convictions, with a majority of the Sen
ate, as well as with at least an equal weight
of judicial authority in that body. We can
not agree to put Fessenden and Sherman nnd
Clark and Howard and Wade below the dis
tinguished lawyers mentioned by Senator
Poland. In fact, wc cannot help feeling that
Senator Poland himself would Iiave gladly
voted in the same way,'.had he not been com
mitted by tbe action of his committee. He
moved to reconsider the vote declaring Mr
Stockton entitled to the scat, and that recon
sideration resulted in unseating him.
Another thing is added to our statement
of tho case, and tliat is the ground on which
Senator Poland acted, thus : " 1 hat when
an election was devolved upon a particular
body of men, and no express law existed as
to the manner in wnicti they should express
their choice, by the general rule of parlia
mentary law any manner, which the ma oti-
ly agreed on, and which should tend to bring
out the personal choice and judgment ol the
electors, was valid." As applied to tbe
case, the meaning of this appears to be that,
since the Legislature ol New Jersey never
regulated the mode of electing a Senator,
except by providing that a choice shall be
made in joint assembly, that assembly had
the right to blink '-tlie personal choice and
judgment of tho tketors," and elect by a
minority. uu an respect to senator ro
land, wc must soy that be does not reach
the real point in the case, which was Is
the joint assembly of any state a " legisla
ture," within the fair meaning of the Con
stitution, for tbe purpose of regulating the
choice of United States Senators ?
Wc cannot permit one remark of the Sen-!
ator to pass uncontradicted. It is this :
" In your article, it seems to be assumed
that in the performance of my duty, the
politics of tbe candidate, and the state of
parties in the Senate, Ebould have been ta
ken into consideration by me."
Wc said no such thing, and never intend
ed to assume it, but quite the reverse, viz:
It is not a personal Question, nor a mere
parly question; but whether the Constitu
tion snail tie lairiv interpreted anu orjcjeu,
and the states fitly represented in tbe Sen
ate" Wc did allude to the grave political
oonscqucncce ot permitting Stockton to re
tain his scat wrongiuuy, or on aounuui
ground, but only as emphasizing the impor
tance of settling the question right that is,
in accordance with tbe Constitution of tbe
United States.
Wendell Pnaurs' Lectube. The lec
turc on Thursday evening drew one of the
largest audiences of the season, the hall be
ing filed. It was also one of the best lec
tures of the season. Mr. Phillips commenced
by remarking on the value of the Lyceum
System of lectures, as an education!1.; agency.
OfTering free scope to men of all opinions,
trusting in the power of truth to overcome
error in a fair field, it is an agency of good
which cculd not have originated in any less
highly educated community than that of
New England. To such a rostrum he was
glad to bring a discussion of the momentous
issnes of civil duty, at this crisis. The
qnestion whether Democracy can fight lay
ing been settled to our satisfaction and to of
tbe European lookers on, who when Sumter
was fired on, said "there tire American bab
ble has burst,''it remains to be settled wbeth
cr Democracy can govern. The speaker had
been widely ridiculed because six months
since be had expressed spprehension lest the
South should still pin. tbe victory by finesse
c
which they had failed to win by arms. But Tnt Bcrclabt. No arrests have yet been
those who scouted the idea, forgot that there made for the robbery of Fuller's bookstore,
never yet was a civil war in which either par though suspicions arc had and investiga-
ty gained a clear victory. Ten years hence tion is going on. Of the money stolen, $100
History will look back and say of the
States, "what a superb opportunity
bad," whether it shall be added,"and
they
impiovcd it," it is for us to say.
Mr. Phillips proceeded to consider what
were the conflicting principles at issue which
led to the war, and what ought to be settled
by it. The Northern civilization with its
dominant principles of free labor, everything
for the people nnd iy the people, had in
open trial of arms beaten the Southern sys
tem which claims that capital shall own
labor, and that all political and social pow
er shall be concentrated in a class. Tho true
law of reconstruction after such a conflict, is
that the conquering idea has the right to
hold exclusive possession of the government
till the issues of the war nre settled beyond
a question. This, I understand to be the
central idea of radicalism. There is anoth
er plan based on "magnanimity' which is
not even cousin german to Common Sense,
Two men go to law about tho boundary line
between their farms. For ten yearn they
carry it from court to court. The question
is finally settled by the court of last appeal.
What next ? Of course nothing remains
but to call in tho curvcyor,run the lino where
the court has said it should be and let the
winner take possession. This is the method
of common sense. The "magnanimity"
plan, urged by the President and the Apos
tie of Plymouth Church, wonld be to bare
the winner sty to his opponent, "Come, our
law-suit is ended ; now let ns sit down to.
gether and decide where the line sball run."
There were a thousand men in tbe South,
whom if God had seen fit to call to himrelf,
or drop them tho other way, thero would
have been no rebellion. Some of these men
are dead, some in foreign lands, one or two
in prison. The rett arc in their old positions
of influence in the South. Tbe brains which
wielded the rebellion still control tbe Southern
States. The time for hanging any of them
has gone by. Davis and the class he repre
sents can neither be hung, banished or con-
erted. They must be counted in, to our
problem. And now in what mood do they
come back? They bare deserted none of
their old prtjudiets and principles. The
'resident')- conditions, in tbe adoption of
tbe unti slavery Amendment and the abtra-
onnicnt of the right of secession by the
nullifying of the ordinance of secession,
bad been fully complied with by but tbrue
States. The rest deliberately and meaningly
repeali J their acts of secession, reserving
the right to re-enact them. Their laws still
maintain in substance the supremacy of the
slave masters over the blacks ; whatever
mure than they u'ed to enjoy is granted
them, is given not a right bet as a boon. The
laboring da's must not be consulted, and can
b I TO
only what the aristocratic class
sec fit to allow tbeio. And it is little eater
fur Northern men at tbe South than before
tbe War. Carl Schutz in bis lectures tells
our young Northerners to go South and tells
the in tunc to go in eomranies of not less
than a hundred, with one pocket full of
greenbacks and the other full of revolvers,
and when you stop at night, throw out pick
ets. President Jobnsou,iu whom wctrustcd
to guard tbe fruits of our long and bloody
fi;:lit, has cone over to the enemy. The
line which cnoe ran between the headquar
ters of Grant and Lec now runs between ibe
Senate chamber and tho White House. The
Executive mansion is the headquarters oi
the rebellion. For eight months the Presi
dent has given no indication tbat he ncccpts
Northern civilization and ideas. His idea
of freedom for the blacks, is freedom io work
for their late masters. Wc can hope for
nothing from him. Congress is now our
only bulwark. But Congress, doing well as
it is, ran not bo expected to take higher
ground than the op!c they represent. It is
composed largely of men who whisper at
home what they would not dare to have told
in Washington, aud who whisper nt Wash
ington what they would not for the world
have heard at home. The people must hold
them to their duty. Mr. Phillips proceeded
to develop the danger of repudiation of tbe
public debt from tbe return of tbe Southern
ers to their seats in Congress, and in closing
said bis plan of reconstruction was to put
Jeff. Dais with bis treason, Wade Hampton
with bis hatred, and Gov. Aiken with bis
ignorance, into tbe one scale ; put int. the
other tho negro, with bis ballot, free school
and forty acres, add Yankee labor and capi
tal and the rebel scale will kick tbe beam.
Mr. Phillips spoke about an hour and a
half, and held his audience intent and inter
ested to the end. His esse and grace of ut
terance, the pithinieg of bis matter, und
be aptrx.se and wit of bisjillustrations, havo
been too often described to need recounting.
They were as noticeable as ever, and for
once were not greatly marred by tho admix
ture of the bitter personal denunciation,
wbicb, applied as freely to good men as to
bad, has too oltcn injured the influence of
Mr. Phillips' public lectures.
Fatal R. R. Accident. A very serious
accident occurred on the Vermont Central
Road, early on Friday morning, near the
Williston station, mulling in the smashing
up of a train the night train from Boston
tbe death of one passenger, whose name
wc have been unable to learn, tbe severe in
jury of Conductor G. 0. Applcton, and the
injury in a slighter degree of Mr. V. B.
Shaw, of this place, and three other passen
gers. Wc understand that the disaster was
occasioned by tbe giving way of a culvert,
over which tbe timbers supporting the track
had in some way caught Crc, and had near
ly burned throogb. The engine passed over
in safety, but its weight broke the timbers
so tbat the tender fell through, and the
wreck of the train followed.
Conductor Applcton was brought homo in
a helpless etato on Friday. His injuries are
to the processes of tbe vertebrae, and we
arc pained to bear arc considered danger
ous. Personal. Mrs. Jefferson Davis, attend
ed by two servants passed through oar city
this A. M. on her way to MontreaL
Kiward. Mr. Van Xamcc offers $50 re- not Mr. Potter rjroduccd tbo man? If he
.... . , . . hn was a boreedealer of Rutland or hen York
ward for tho arrest of the persons j could be found ; and tbe omission to pro
broke open his candy store the other night. dabim jj pregnant testimony.
loyal I bilonged to tho Vt. Baptist State Conven
they tion, and was deposited with Mr. Fuller
$300 of the sum was in Government bonds
and notes. The clerk, Chas. Halbcrt, dis
covered the theft upon going to make change
for n customer after opening shop in the
morning.
Navigation- Rescued. The steamer .Mon
treal commenced running. between this city
and Plattsburg to-day.
Clilllendeii County Court .
AFRIL TER1I, 1S0C.
Present IIo.v. JOHN PIERPOINT.Chicf
Justice.
Hon.
Hon.
Wit. V
Reynolds, ? Arab
Assistant
Saftokd Coldt. J Jud;
;cs.
Tin: criswolii mukdkk
Tui-rsuav, April 12.
Court oiicucd at nine.
Wm. K. Tarr. Saw the two carriages of
Mr. Potter and Mr. Griiwuld pass my bouse
on Sunday morning. The forward carriage
had the curtain up behind, so that I looked
in from behind and caw two men in it ; I
noticed Mr. Griswuld and took the other to
be Clark Potter.
Cross-examimd. The other carriage was
near by, as close as two teams could travel
comfortably.
Patbick Hayes. Sworn. Resides 171
Cherry St., New York ; tend bar in a liquor
store; has previously ktpt a liquor store;
drove a horse and cart : been in the army,
and in the kindling wood bucinefs; drote
cart from April 'W to April '65 ; worked for
Tuttle Sc. Co , of Brooklyn for 0 years ; en
listed in Co. A. 3d N. Y. regiment for 2
years ; served 25 months ; 1 know Jerome
Lavigne by sight ; thu is the man in Court;
Seventh Avenue ; it was before dinner ; he
asked me for tho money, saying he wanted
to go to Albany with some friends of his in
an Artillery regimen: which was to be mus
tered out there ; he asked mc for $10 ; I
counted out $42 and he said I better let him
have it all. I made a little nptc of it, (ex
hibits note a small note of band fur $42
which tho signer agrees to pay within 30
days.)
Cross Examined. I am 23 years of age;
born in Ireland; came from Ireland in 'A'J;
liorse ; I noticed nothing about bis fingers ;
He is not tbo man I referred to who came
and took dinner.
Cross-Kr. I have been talked with since
Mr. Edwards testified, br Mr. Itoberts.
THE AKGniENTs-.
The argument for tbe prosooutlun was
opened by E. K. Harp. Esq.
Mr. Hard remarked in opening that there
was no doubt that tho homieido of Mrs.
Griswuld was a murder. He should have
little to say on tbe legal points, simply call
ins their attention to the fact that it ts not
necessary to constitute a person a principal
in a murder that bo must have been present
when it was couimitted. If he perforins a
pari in it, he is a principal. In this case,
if it apiara that the murder was committed
by Ward, while Potter was in Sheldon, and
also that Potter instigated tho crime and
aided it by removing all the family to aflord
facilities for its commission, he is as much a
principal us if he held the fatal knife.
Our theory is that Ward, or Lavigne, or
w hatcver may be his name, was the one who
he'd tbo weapon, uni that Potter was the
instigatir and ax-omplico of this appalling
crime.
The Crst inquiry is if Lavigne u-ai the
jicrson who committed the act. No human
eye saw what was done, unless it was the
victim's and the murderer's, and probably
not theirs, ft,r it was done in the night. The
question must be determined by the circum
stances. It is the natural method Crst to ascertain
if Ward had tbe opportunity to commit the
crime. Vic know little about mm. two
witnesses are brought from New York, but
they can tell us little, except that he went
by two or three namu, and that bis only
business was that of a bounty broker. But
wc find that he was within a convenient dis
tance for the commission of the crime.
The first wc sec of hira ir the testimony,
he is seeking a conveyance to Williston on
Wednesday the 2!th of August last. He
rides tbeu from the cars with Mr. diaries
On the way be inquires about Potter, is
carried by Charles part way to Potter's
bouse, is directed to it. and leaves in that
direction. On the 20tb ol September Mr.
Charles is called to the jail in Builington,
and identifies this man here, as the stranger
who rode with him. Ho mentions as one of
the means of identification a peculiarity
about hie cyce ; and without commenting
on Ward's appearance, it is proper to say
that he has a marled countenancc.calculated
to make a strong impression and likely
to be remembered in spite of a chango of
whiskers. lie is next identified by Morris
Sullivan as a stranger whom he saw with
Mr. Potter on their way to the depot, that
same Wednesday. Wc havo also the testi
mony of Mary Sullivan, an intelligent nnd
candid witness, who was at Mrs. Griswold's
house on that Wednesday, and saw the
stranger frequently. A month later she is
called to Burlington ; she does not go to the
jail : but remains at tho Grand Jury room ;
the prisoner is brought there, and she testi
bes that as soon as she saw bimas he passed
through the ball, before be was pointed out
to her, she decided in her own mind that
be was the man who was there on that
Wednesday. The testimony of Kcdmond &
Downer is less strong, but bears in the same
direction.
Against this evidenco wc have that of Mr
Griswold, a deaf and infirm old man. who
when asked if tbe prisoner in tbe box is the
man who was there on that Wednesday,
says he thinks not. He further says he
thinks this is not the man he saw in jail.
He is as confident on one of these points as
on the other. But he is certainly mistaken
as to onc,ana unaonDtcdly is as to tbe other.
We bave also the testimony of a lad of 13,
still residing with Mrs. Potter and of course,
under some influences to bias his judgment,
which can be of little consequence ; and of
little Katy Potter, whose story contains in
herent evidence that it was the device of
some one sbrcwocr than she. She says the
man bad but three fingers on
bis right hand, but she does not
undertake to fix the date Mr. Edwards'
testimony explains all this. He was there
to purchase a horse ; be had bis knife out
whittling. His loss of a finger was noticed
in tbe presence of the gjri. lie corresponds
to her "Description; and it is altogether pro
bable tbat he is the person she describes, or
tbat she has confounded him with tbe oiber
man, both being strangers to her.
The man who was there on that Wednes
day was with Mr. Potter for several hours.
Coming to purchase horses of him, is it like
ly that Potter would have lcarncd nothing
of his name and residence nnd business 7
Thai would be almost impossible. In fact,
there is direct evidence that Potter did as
certain some of these things. Mary Sulli
van says Mr. Potter told her tbe man came
from Rutland, and Judge French testifies
tbat on tbe inquest Potter said the man said
he came from New York. Why. then, has
have known him since May or April 'Ol.about a man telkiuS wi,h JIr- '. ! be- mm"-T f Be: D" ,M',,M ,"?t Be ,T
the time I enlisted; fatLwhfi in A tor m AlM
1 left tbe service in May '03 ; I have seen bout h,a bemg pointed out. True. mtre 'fbaJstate of flin1!
Lavigne in my place since then; on the 20th, " b" "w nt tb' thtrc wa" fhanco t,T a aud here are two motives shown for the crime
of August liG3. I lent him IQ at 410 mistake, and we know that to he so, ir he avarice and ravenr.
Wc next find Ward at Winooski, on the
Saturday before the murder. Where he was
on Friday does not appear,- Potter was not
idle that day. Ho .s out at Winooski and
inquires at tbe hotel there if a darkish man
has been there to kc him. "On Saturday
-
;
i oner and me stranger are seen ny Mr.
Wilkins on the way to Winooski. Mr. Wil-
kins saw the prisoner in jail and thinks be
was the man. Potter leaved Ward at the
hotel inWinooski and he is seen byAtkins.of
whom he inquires, if he i.as seen Potter?
Why he should ask this.whcn Potter had just
before left him, seems strange. It may have
oeeu iur want otsJmctning else to say or it
may Live been one of thum strange features
nttt nding the commission of the crime such
ns the removal of the dead body ot .Mrs.
Griawold from the house to the calf-pen, or
the prisoner's urccountable conversation
with Kelly ,tbc cause of which no ono can di
vine. Soon Potter came in. The two con
versed t igclher a lew minutes and then sep
arated Atkins saw Ward i:uunlinely af
ter bU arrest by Mr. Flanagan, and says that
as soon as he saw him, without anv sugjres-
nor Knowledge that be was under arrest,
be decided in bis mind that be was tbe man.
V hat next? After Potter had been up
to. Jack Mi-rrill's for nothing apparently but
to buy a cigar, ind bad then cone back to
wards Winooski, we' find him (Potter) on
bis way home by an iudirect route. lie U
seen by Mr. l'ru lut f..u.- o'clock, going
Et toward I'ainesull-, and a stranger with
him, whose general appearance corresponds
with that or Ward. Our theory is that
Potter went out of uis way tu leave Ward
near Kascx Junction, win-re Ik. con d hang
about in the wod, till alter tl.e arrival of
a train by which it inig'it appear that be
nan come.
i-oiier goes uome. and alter toe arrival 01
tbe eight o'clock P. M. tr.sin a stranger
comri to Tyler's tavern. He gm-. no name,
takes lodgings, stays that night, is around
all day on Sunday, till about 9 m the even
ing, when be disappears .Mr. Fish tellt you
this Ward was that man. He speaks
confidently as to bit identity.
Here comes in Mr. Bjwmm's testimony.
He i an intelligent and candid wiines, with
no quarrel with cither ol tbe respondents,
or any reason for involving either of them.
He tf lis you that on Sunday morning he saw
bad not said so ; but he is c mfident this
is tbe man.
It is evident tliat the defence will endea
vor to make something out of the variety
of descriptions of the man': clothing, but
such discrepancies are of liul.- consequence.
If a nun starts out on sueh an errand as
this, be is not likely to take but one suit of
clothes. He may haie two sets uf whiskers,
and change hat or coat r wbikt r- Ward
had no baggaer at Tyler's, and bad two hags
on Monday, lb- may have k pt Uni in tbe
woods, and changed hu dress !. n needed.
We have thus far located W. id in conve
nient positions to reconnoitre ail I,c wished
about Mrs. Gri-wold's bouse i.d tbe roads.
We bring him to Painestilt-, at a convenient
ditunce, tour miles away from the bouse.
He disappears lnte in the ettning without
paying his bill. Next morning, tu- comes to
the Express c at tbe depot in Burlington
and requests to ride with Kelly, the Ex
pressman. Why is it he desire to ride in an uncomfor
table express ear, with a stranger, unless
something is wrong ? lie teils Kelley his
story about an affray ; exhibits his socks nnd"
panto stained with blood. Do you believe
that in that hour and a half that tbey were
together in tbe express car. Kelly would not
take especial notice of him ; that be would
bear such a story and not rivet his gaie on
his face, so tliat be would know him agin ?
He sees him at Centre Kutlanl and Iruyand
Eist Albany, on the way to Ni-w Yolk, and
tbe next day with Pease, he sees him in the
streets ot tbat city. Kelly says Ward told
him be bad been up here three or four
days ; and that is what wc say about him.
Mr. Pease also tells us that Ward told him
that Tuesday atternoun he had been up into
tbo country, aud had rude a niece with Kel
ly. Is there any room for doubt ot hu iden
tity ?
Mr. Hard proceeded to argue the improba
bility from all the circumstances, froui tbe
amount ot money he had with him, Ac.,
that bis true errand could bave been to pur
chase liorse. He accounted for the exces
sively bloody appearance of tbe prisoner on
Monday morning, by the supposition that
niter committing the uiurdtr he liad
taken up the bloody body of bis
ictiui and carried it to the lattsbed ;
finding evidence that the body was o carried
also in tbe way in which the chemise was
found drawn up under the arms. In the
cxpres car Ward exhibits a revolver, and
tells Kelly he has a spring billy curious
instrument for a jeueeful dealer in horses!
Dr. Sprague discribes indentations on the
skull of Mrs. GrisKold exactly such as would
be made with that murderous weapon, the
billy
Wc como next to Ward's own story, told
to Kelly .about an affray near Jack Merrill's.
He showed no wounds on bimscif. How ab
surd to suppose be could have got so bloody
from the wounds ol the other men ! And
why flee after it? One would mi pposi he
would have stopjed at least a day to secure
the arrest ot the men who attacked him.
Why try to wash off tbe blood frjiu his
pants? Why not take back his horse to the
livery stable . How rtcoticilethis moat im
probable relation ? And against it all we
have tho testimony of Mr, Merrill that no
such party was at bis house, and that no
such atfray could havo occurred. We have
bad all tbe livery stable keepers, who tell us
thev had no horses out that night. It is a
false story
Tho Court here took a recess till 2
o'clock.
AITEKNoo
Mr. Hard ri-simu-t his
argiiui.-nt ill two
o'clock.
He rel-rre.l lo lh- t-irci.ui I inn'i of Ward's
arrot as tt-tifu-d lo by Mr. Hanagaii. his
leaving the cirs when th.- train topptl this
side ol Ewi Junction and hiding behi l samt
InmlK-r. his -ittinfj on the steps of the car till
tlie train reached .. inooki. when Mr. Flana
gan arrested him. The respondent didn't
come inide llie car, held his head down, ami
apparently was endeavoring to priweot recog
nition. Ibe Counsel on tbe other side may
say he nas suiokiug. but no man would smoke
so long, or go out to eoiicejl himself, and
neither Applcton nor Flanagan saw any signs
it smoking. At W nooski he attempted to
jump off again, but Mr. Flanagan seized him.
In answer to his question what he is arrested
for. Mr. lanag-an said " only lor mtinler,'
and he replied that " he was never here be
lore " It is regarded as a circumstance
against a suspected terson if he makes false
stateni'iits of his whereabouts.
Mr. Hard proceeded to detail tbe taking of
Lavigne to tho hotel, the searching of bis per
son. and the finding of a loaded revolver, a
spring " billy, and a lancet tbe latter not a
very dangerous weapon of i'sell. but its pos
session Is significant in view of tbe testimony
tliat wounds on Mrs. Grisw old's chin were
made with a surgical instrument also a patch
or shade. This latter is also of itself a very
innocent thi"g, but suspicious when found on
a man who is evidently trying to escape ob
servation and recognition, ns by Its use ho
might speedily alter his appearance. Tho
prisoner had a sore eye in jail, how caused I
don't know, and be may have got this patch
because he had or exjiected to have sore eyes;
but the most likely thing lor a man with sore
eyes to do, who had a patch, would be to
wear it, eipccially when riding on the plat
form of a railroad car in such dusty weather.
What docs the respondeat say about where he
was going! Tbe first time be came up pro
fessedly to buy horses the second time to
buy a boat at Uou'c's Point, a very sudden
change of business. It is a little remarkable
that a New Yorker should be on sncb busi
ness, so ill suited to bis apparent character;
indeed, the inherent absurdity of the story,
when all the circumstances are considered,
controverts the whole. He inly purchased a
ticket to I'ainesvillu. and the train he took
did not go to House's Pol.it. If It bad, he bad
not money enough only S3.30 to pay his
expenses to Rouse'j Point. Does it not occur 1 fact of the conspiracy exisUne prior to the
to Toll ifiat h. hfiil nrnhth t tin.tn. : .LI. . . . . . n 1
to you ihat he bad probably buiiness in this
vicinity which would replenish bis exhausted
treasury! A travelling mechanic is easily
known by the tools he carriej, whether tink
er, sci-ors grinder, orwbat : this man's tooU
were revolver and chloroform what hi Lul
ness was is for you to say.
Now, gentlemen, I come to the interview
between Kelly and the respondent Ward in
jail about the first of October. What
iiud Vanl to induce Kelly to say that be never
saw him before, if the prisoner bad never been
here before as be alleged: Tbe letters intro
uuced in evidence corruburata the testimony
of hly as to that conversation,
llr. Hard hero read tbe to letters from
Lavigne to IVae already published, and re
marked as to the proof that they wen- actually
written by the pritoner, as appear trum the
testimony ol Pease, Rallard and other.
Other letter will bt- shown vou iirnvtn In
have been written by the rioner. an well a
the piece of paper fotinj on him wttb th- ad
drvM. "John Ward. Ac." on it; also tha rail
road ticket with the address on the back. .1
ciiriom placf fo an addra; but probably it
was put there ai a further mean at mislead,
ing pursuit and evading identification.
As lo the mo'ive for this cnine it dors'nt
apjwrar that there wa enough plunder to
tempt .in burglar to come up trum New York.
Mr?. Grhwold had Mime jewelry, some silver,
but not enough to pay for such a trip, and U
mini iiiv.' im-ou risen lor tne perpetration o
ui'inier: th-nfre, when the question arir.
bo was tbe author of such a crime! the fir.it
itiipiry 'h. Who had a motive for it ? The
t-tiuonv fail. to diseloie any human being
wno b-ul so much interest to have Mrs (Iris
wold killed as Potter and bis family. To b
ire she was a turbulent, u n rra-Hin.au Ir wo
man. buttberr is no evidence ot anv ill feel
ing betwi-eu her and her neighbors. Men ar
murdered for mon.-v or revenge. Poller, e
say. wai anVeUnl by both motives His wife
was neir to Mrs (risirobi s estate, and seve
ml witnesses !mw that there was ill ferling
ix.-inn.ri .ur. iimnvohi and rotter
Mr. Hard pnsct-ded tu elucidate the testi
mony of WJIiam? as to conversation betwru
him anil Potter, and of others as tu tbe re
marks of Potter at dinurr remarks natural
euough to be made by a man in bad temrwr.
Mr. GrmroM testifies that the old lady
grew impatient and fretful because she could
not do as she bad b-n used to before Potter"
manly came: he te-tifis that he saw Mrs. Pot
Mr Hard then proceeded to discuss the evi
dence at to Ward's visit to Potter's bouse, tbe
talk about taking him to the depot, and the
misrepresentation of Potter a lo where he
come from, ami then went on to consider Pot
t-r'- vfc-it to Paineville and meeiiog ol Ward
t'lere.
It n ill be held, probably, by Um other side
that Potter's decision to z'o to Canada was not
formed till late Saturday evening, but evi
dence shows that be bad been talking about It
for two or three weeks. He starts, joes to
1'aineivllle. and stops, nattira'lr; in our theory
of tbe ca'e. be would wish to stop nd asiire
Ward t' at thr whole family were out of the
way. He e some stranger, certainly, and
itoa'mani ttimoay that he saw Wan! is un
contradicted He ays he taw them tegelh-r
behind te wagon. At the inqu'St Potter da
nied tbat be saw any man but the use be got a
cigar of, and the one holding bis horse, or
walked or tailed with any one. If he did
bave an innocent conversation with any one
why sbeuld'nt be admit It ! he could'nt hare
forgotten the fact only two or three dav
after, lint Bowman sires the details as he
witnessed ihnir interview, from the time he
aw tbe mill leaning nj:iint the bnck ot the
vrapon waititi: fiir Patter. Tbe appearance
ami condition of the premises have soma
bearing in this ease. They show tbat the
murderer was acquainted with the condition
oi anoint, lie entered by tbe kitchen door;
there is no pretence i f any entrance else
where. Wonld a stranger have known bow
asiU that door mizht be opened ? No ; he
would sooner bave tried a window. The
murderer must have known the condition of
that latch. Possibly Ward may have detected
it while siltine in the kitchen previously.
Then the door leading from the room whera
tbe boy slept, which opens outward was fas
tened by a chip outside.
Some paini will probably be taken by
C tinel on the other side to show that there
was an attempt to open a front window on the
puna. I think myseif that fact bat great
weight, but not Iro'm the inference that they
would naturally draw from it. that a stranger
did it. not knowing the eusict way io Ret into
the bouse. I regard it as rather an attempt to
avert and mislead suspicion. For the bloody
tracks on the piazza snow beyond doubt that
this attempt was made alter the murder.
There was no need io force windows then: the
door was open. Why, then, was it done ! - to
avert sii-picion tnat some one tamiliar wiin
the premises hid done the deed.
Mr. itoberls. Counsel for the defence, here
inquired why It did not rather show tbat the
murderer was nnable to ect iato 'he other
part of tbe house through the doors, aad so
tried tbe window !
tt must have Iieen an easy job to open a
half inch door with such a "jimmy " a evi
dently w is used, aad it desirous to get into
tbe other part of the bouiu a burglar would
raucb soouer nave tried it than ma tbe risk or
attracting attention by going round outside.
Mr. Hard here closed his argument for ti e
ritale. ami Mr. French eomuieii ed.
UK. raKNTtl'S AKfrCAIEXT.
Mr. Fsemhi, counsel for Potter, requested
tbe Court to charge the jury upon the follow
ing points:
I. That upon the evidence in tho case the
jury should aequii the respondent Potter un
uer tins indictment.
The prosecution does not claim tbat Potter
was present at the commission of the murder,
but virtually concede that he was in Sheldon,
as his (the respondent's) testimony tends to
show. The Indictment charges the respond
ents with the commission of the offence jointly.
The case shows that Fotterjf guilty at all.wat
only an accessory before the fact.
II. That unless the jury find that Potter him
self perpetrated the murder, or was present
aiding and abetting it, tho jury should acquit
him under this indictment. And that iu order
to constitute such aiding and abetting he mnst
at the time of the commission of the crime
bave been so near the place, or in such a sit
uation tbat he nupbt have rendered assistance
in some manner to the commission of tho of
fence, an I this by agreement with the chief
perpetrator. 3 "Greenleaf on Ev."'
Under the old English law there was u dif-feri-nce
between murder in the 3r-tandc-ond
degiec a murderer in the first degree
being the actual perpetrator ol the crime, a
murderer in the second degree being one who
did not actually commit the crime, but who
was present aiding and abetting the principal
perpetrator. These distinctions are not main
tained in this State; still, the distinction be
tween a principal and an accessory before tbe I
fact is as a fully maintained a it is uuderthe '
old syslcm; and one Indicted as a principal
cannot be convicted a3 an accessory before
the fact. This doctrine is shown in "Cemmou
wealth vs. Knapp," 9th and 10th P.ckerlng;
being the leading American case on this sub
ject
HI. That at all events, in order to convict
Potter, the jury must find that te knew the
murder was to be committed and (fid some act
to aid it. or had an active participation in the
Nimtniflttmi nf iha nffHie. A nierw knnwleftpp
mat tne muruer was to oe pcrpevraieu win -
not be sufficient 1
7. . .. ...- Vn .
IV. Tha the declarations of Lavigne (if he
was the man) made to Henry Charles, John
Redmond, and Warren Atkins (his inquries
for Potter, &c) are not evidence againt Pot
ter, unless the jury find a conspiracy between
Lavigne and Potter to commit this murder
prior to tbe making of such declaration.
When tbe fact of a conspiracy to commit the
crime is established, it Is conceded that tho
declarations of any of the conspirators while
acting in pursuance of the conspiracy are
evidence against all; but before the declara
tionsr of.one made in the absence of another
can be used as evidence against the other, the
I " n
making of the declarations must be Drst estab
lished.
V. That the declarations of baYijce (sup-
Bosing him to have been the person) made tu
lenry Charles and John Redmond cannot b.
considered by the jnry as evidence a:ra:ut
Potter in any event, there being ao rviIroc
in the cose of any conspiracy between Lavigne
and Potter before or at the time of lh making
of such declaration.
It is not competent to prove the conspiracy
I
by the declarations of one of tbe roaspiralon"
in the absence of tbe other, aad make sueh
declarations evidence ou tbe ground of a con
spiracy.
VI. That the testimony of Mnnson. the she
riff, has no tendency to "pfove Potter's guilt,
and should by the jury le laid out o. the
case.
Potter was apprehensive that he would nwt
have a fair trial on account of piejndiee exist
ing against Urn in the county. He only a.ked
Mun on to call on sueh jurors as tad no pre
judice against him. Mnnson told Potter he
would do what he could to secure hlra a full
fair trial. Potter replied tbat this was all that
he wanted, anil offered Muus c nonet i the
same conversation. All t!ir Potter bad a riiit
lo do ami it was no evidence f bis piilt. A
person in Potter's circ uistanee.- would uatu
rally seek aid from tbe Sheriff.
VII. That as to the alleged motive on tbe
psrt or Potter to commit this crime: iiuKnurh.
Mr. and Mr. Griswold had eki'drcti bom
alive. Mr. Griswold wosihl be tenant bv eour
li-sy ,-i'd have a life estate in all he riil pro
perty of his w-jfe.
TV death or Mrs. Griau-old did not pu
Potter and Ids wile into K-Msi.oi or the pro
perty. iuasnut.-a is Mr Griswold hail a lifc
interest in the real elate as tenant by eourte
sy. This dives away with the elaim on the
pan o the prosecution that Potter had an
interest in the death ol Mrs. Gri-woM, and
therefore an object to murder her.
VIII Tb.it the jury must be sad-tied bevond
a reasonable doubt that the respondents are
frullly. or their verdict must be not ijuiH-j. And
that ss to the requisite amount ot evidence to
warrant a conviction, it is not Mi3icieiit to es
tablish a probability, though a stror,g one.
bat tbe fact is more likely to be true than the
contrary, but the evidence o.u-t otablUh the
truth ol the fact to a reasonable and moral
certainty a certainty that convinces and di
rects the GniK-r?tanJ'n - and sa isfies the rea
son and judgment of those who are bound to
act conscientiously upon it. 1 Am. Laa
Cases. 3S0. 3 Utte'uleaf m Ee . 2'J.
Tho 'ounsel read at length from Chief Jus
tice Shaw "s charge in the case of (innnm-
tfiiftA vs John II". Webster. 5th CiishinL'.
IX. That his he in a cae which is sunnur-
ici, u supported at an, woolly by circumstan
tial evid ncc. the jury mnt "be'satl-fied not
nly that all the circumstances are con-is:ent
Ith tbe cuilt of the resiioudcnLs. but thev
must be also sati-fied that all the laets are
ub as lo be invunsi-tent vf ith any other ra
tional conclusion than th it tbe prisoners are
me ginliy persons 2 JIhsi. oh ir . . J6.
Tbe Coii3d read the opinion of ilaron AI-
derHi. quoted is Russell on Crime"' as
bearing on this point.
X. That a reasonable doubt in the minds of
the jury of dm existence of anv one or the
chain ot eireiimstanees refied upon bv the
prosecution to convict the prisoners, justifies
the jury ta layimr aside tbat particular eir
cuin-danee in making up their verdict. Thev
are to consider such circumstance as not
proved, and therefore it ouzht not to influence
their opinion. 1 Am. Lead Cves. 360.
The Counsel read from the leading cases of
Sumner vs. Halt. 5th lllackford. and Qmxmaa
BroSA vs. WeUtter, 5Ui Cnblng.
XI. That every caution observed in the re
ception of evidence in capital cases ought to
be by the jury more especially applied in the
reception and estimation of "the opinions ol
witnesses as to the identity ot persons, since
such opinions must, from the naturo of tbe
cae. be to a great extent unreliable ami un
satisfactory. irflis oh ( 'ircum. r . 3s.
Tbe counsel requested specific instructions
to the jury cm this point, and read several
cases from " Willis on Circiimstaniial Evi
deuce." in relation lo tlie identifirat on of per
sons." XII. That the respondent are to be pre
sumed Innocent until tbey are proven guilty
beyond a reasonilie itimb:'.
Sati-xdav, April 14.
The Court opened at 8 o'clock ; the room
was filled at an early hour. The respondent
Potter, who has heretofore been seated with
in the bar, now took bis seat in tbe priso
ner's dock.
The States' Attorney offered the follow
ing affidavit oi Sheriff Munson, as a basis
for an application for permission to introduce
some additional testimony :
ArriOAvrror sucairr wexsox.
I, Wm. D. Munson, being duly sworn, on
cath say that I am Sheriff ol Chittenden Conn
ty and keeper of the County Jail; that on the
I'Tth day of March. 1SG6, the witness who tes
tified on the stand on Thursday but under the
name of Patrick Hayes, to the fact of bis hav
ing loaned money to the respondeat, Lavigne,
on the -Oth day ot August, 16C5, and taken
his Lavigne si note therefor, at that time in
New York city, was committed to the jail in
this County on the complaint of citizens, by the
name given by him, of John Williams; that be
was confined in the same rccm with Jerome La
vigne, respondent, under such circumstances
that they could communicate through a grated
door with openings of four inches across. He
was confined about 8 o'clock in the evening,and
discharged about 9 o'clock tbe next morning.
At the time of his arrest, he appeared very
drunk, and had a crowd around him in front of
thejaiL Uenrj Dallard, attorney fur respondent
Ward, came to me Wednesday scon, about one
o'clock, and requested me to keep a secret.which
he proposed to tell me, which I promised to do.
He then told me that he proposed in the after
noon to put on the stand a man whom he was
afraid I would recognize as having seen before.
He then asked if I remembered committing a
man for intoxication a short time ago; told him
I did not remember any particular man, I had
committed so many for that offence; he then asked
me if I remembered committing a man who was
dtuak in front of the jail, and letting bim go
the next morning, as be had no money to pay
bis fine; told him I remembered the circum
stance, he told me he was one of Lavigne's
friends from New York, and that he came up in
front of jail and played drunk for the purpose
of being put in jail; be asked me if I did not think
he played drunk pretty weU. He was very
poorly dressed and looked like a drunken Irish
men. He told me that he was from Rutland
going to Montreal for work.
Wx. V. Mcssox, Sheriff
Burlington, Vt, Apiil 13, 18CC
Subscribed and sworn to before me tbu 13th
day of April, A. D. 18CC
L. B. Exqlzsbt, J. r.
The Court permitted tbe introduction of
tbe testimony :
I Willi ax D. Mcssos, recalled by the State
' Hail seen the witness Hayes before; saw him
on the ttaod Thursday morning. First saw
, bim on the night of the 27th of March last;
first saw him oa sidewalk on the jail side of
Church street, within four rods of the jail
Witness was stumbhog about the sidewalk and
flouriabiog a bottle of liquor. Ten or a dozen
persons were collected about him. William
Ferry informed me that there waa a drunken
Irishman la the street This was between 9
and 10 o'clock. Went out and found Hayes
J . ,J It. ..J Ulml Viim in It'll
uiuua, mmw u., m . T
He was talking very loud at tbe time I arrested
him, and was inviting tne crowa to arms.; stay-
eJ in iail until 9 o'clock next morning. He was
confined in the same open jail with Lavigne, but
Lavigne wa locked up in a celb The cell grate
openings were about 4 inches across. Lavigne
was let out about 7 o'clock the next morning
Into the tame room with Hayes. Lavigne and
Hayes were together from 7 until 9 o'clock.
Hayes gays his name that morning as John
William; did net notice his condition after I
puthim into thejaiL At 7 o'clock the next morn
aextmora. .
to get oat: '
ing; be was very sober and anxious
bad aooui a.t; was orrtsea u,"r"
Boordotbmg; did cot know whether r. Beaiy
JJalUrd or Mr. French was In town at the Urns
of th arrest of Williams; didn't sea Ballard or (
. . . , . , . i . i i
French at the jil during the time Williams was
confined; didn't tee any interview between La
vigne and Williams; saw Williams next at tho
foot of the stairs leading to Mr. Billird's
office; this wan on the -yth, the next
day after I discharged him ; t met him
as I was comine out of Murray' cijir store;
Williams or Hayes was alone ; think I next siw
him in the court rcoai; dU not hate any con
versation with either of the respcrdents alwut
this matter. Siw him driDk twice from his Kit
tle, but don't know whether he feigned drm It-
eou"m V "he'r ny of the rtjfmn-
T V.1.UI u IUV Jill VIITI lit II .
I The ceunstl came very often, especially "lr
AJAMSIU.
Crsu The stairway tn BaiA Bl . k
leads to other ufBees besides .Mr. UtUvn's.
By fie Court Question Mr. .Muhjo-:. ',,
diJ you not giie this intarmatno lo the C.utt
at the time of the examination of Mr. II n ?
Mr. Itolietts uhjtctrd, and the cuurt
vaiveu tbo question, slating that it was
made only to discover why the sheriff bad
so obviously neejecttd bis duty.
Re-direct. Lavigne and Potter had
never bad any communication whh each
other: they had the means f writing; they were
soconfiiied that they could not coBUiun.cate
with each other, but Ward coa d comraun.cite
to the room below, and from thence through
either hands up stairs.
HfcMa 'J iu. mo. ,r i.dU-d b. the :
I have no knowledge save what I got
froai Lavigne the next day. It wss al ut
1 o'clock next day ; no evidence thcu cv
er knew bim to drink I supposed the vveru
rueat knew of ihie transaction when Hayes was
examined. I saw Hayes the day he was discharg
ed atmy oOce;he was thereabout an hour; am
not certain he left fir New York that nigh: (.r
the day followinc; saw him once more befen he
left at my office: was there not a "real while turn :
did not know he was coming beftre he came; did
not snow ne nad been sent tor; den t Inow tnat
he has beta a -live iu pn-psrinc the defence in
this case; don't know that he was a captain ot
the New York squad that came cn Tbursdav
eight; the first litre I saw the note was at the
Howard House last Tbursdav morning; Mr.
Haves or Mr. Itoberls bad it: never ki.ew
Hayes till I saw bim cu the 2Sth or Mart-h at
my office.
This adoilional testimony being thus in.
the arguments were rceuined.hy Mr. Roberts,
for the defence.
MB. nOBEETS' ABRDMEJiT.
.Mr. Roberts, in openinir, called tbe attention
of the jury, impressively, to the sericusness of
their duty, as involving the lives or two of their
fellow men. They must remember that ther
had been no preliminary public elimination in
the case; only an inquest, preceding the in
quiry before the Grand Jury, when the testi
mony on which the charge against the respond
ents was founded, was given in secret session.
The States' Attorney had kept his secrets well,
aa be had a right to, but in this secrecy, he had
htl a great advantage over the deft nee. Much
of tbe testimony introduced by hi. i bid come
on the defence entirely as a surprise, and with
out opportunity to bring in rebutting evidence.
So that when the State asks, why does cot Pot
ter explain this and that? The answer is " he
bad no knowledge of the thing to be explained."
Who but .he State knew who were to testily till
the witnesses appeared cn the stand T The State
has bad the services of a special detective from
the first, stimulated by the promise of a reward.
The jury must consider these circumstance? aad
remember at what disadvantage they place the
defence.
What is the theory of the prosecution ? It is
first, tbat on tbe night of the -7th of August
last, Mrs. Griswuld was murdered by the hand
of the respondent Lavgnc; and second, that
Charles II. Potter hired Lavigne to commit tbe
act of murder. This is the theory, in point of
fact. But it is not the theory of the ind'.clMeat.
That charcrs these respondents with having
jointly made the assault on Mrs (Iriswold. He
nave consequently asked the Court to charge
that if you found that Potter was 40 miles oc
tant, that he cannot 1c renvscted under this
indictment.
The judge here said tbat with the permis
sion ol the counsel be would inform the ju
ry what tiis chure would be on that point;
viz: that it is not nccts-ary to constitute a
person a principal in a murder that be must
be present when it was committed; hut that
if ho was engaged in carrying out jatrt of a
plan of murder. sueh as the removing from
the scene of the crime those who might oth
erwise prevent its cominissHHi it would f-c
such an aiding of tl.c uiurdtr as would make
him a principal, as much as if he had been
present at the act.
Mr. Roberts resumed. I stand before vou.
gentlemen of the jury, aa the counsel of Mr.
Potter, and I do not propose to argue the case
ef Lavigne any further than it is cainaected with
the defence ot l'ottcr, UI course it I.avigne is
acquitted Mr. Potter cannot Is: convicted ; but
even ir you convict Ltvigne ytsi have then only
then begun to try tbe cjsc or Potter ; bis guilt
by no means follows from Lavigne s.
Let us see what language the cirenmsUnsees of
this transaction speak. We go on the morning
ot the -Slti til August to tec bouse ol Mrs.
Griswold. The old lady usually stirring abut
at that hour, is not visible. All is quiet save
the boy clamoring to be let out.lrum the fasten
ed door leading to his room. Bluod is se a on
the kitchen doorsteps From the south kitchen
window, a blind baa been removed and a bench
brought frcm its usual place and pUctd under
the window. Looking in at tbat window, we see
the kitchen floor drenched in b'ood.and through
an open door leading from it, we seo into Mrs.
Griswold's bedroom. U e go to tbe kitchen door
and pressing the larch, enter. We find cn the
floor tracks ot feet of two sizes; going to the
front cf the house, we find similar bloody foot
prints on the riazzi, and a window
showing signs of violence. Entering
again we find the doer between
the kitchen and dining room f reed open, its
lock torn off We Bnd the pantry lcckedy
and tbe dog locked in it. Ye find in it the
cupboard broken open, all the valuables taken
Patting to the sitting room we Bind a window
partly raised and exhibiting the marks of a
bloody band. We find another bedroom broken
open and rummaged, and everything valuable
stolen. Passing ont of tbe house at last tbe
body of Mrs. Griswold is fcund, tbe skull frac
tured by two blows and cuts upon the throat,
one of which hss severed the jugular vein. The
body shows no blood below the waist. These
circumstances show : first, as to the manner
in which the murder was accomplished; that
the criminal first went to the South kitchen
window, and placed under it the bench that he
might look within and see if tbe coast was clear.
He next gcs to the kitchen door. He observes
the door leading up stairs outside, ami either
because he knew or suspected that some our
lept there, be fastens it on tbe ouUid by
placing tu obstruction over the latch He tries
the kitchen door by pressing the latch, it ytcl Is
and he eaters, lie is met within by th? old
lady who has been aroused by some noiie. She
perceives the robber, probably calls for aid, an I
u silenced by a blow on the head. The cuts on
the head may indicate that tbe knife was ucd
before the blow; but the fact then there was no
blood below the waist shows that ibe was pros
trated before the gash on the throatwbich drained
her body of blood, was made, aud we mvy infer
that tbat was the final act The munler is ac
complished and it must have preceded the rtb
bery, fir thenceforth the robber is triced by
the bloody foot and hand prints He first at
temptt to ftree the door into "he dinics room,
leaving rn it the mark of a bloody band. Find
ing it difUcult, be passe' outside, lo effect en
trance by the window. Failing in this he comes
back. wades agaio through the bloo-lou tbekitcti
en floor; forces his way in turn into the dining
room and pantry .breaks open and rifles the cup
board taking plated wan as well as the solid
silver; passing again in the dining room he
tees a bund to one of tbe windows open. He
deems it beat to close it aad does so leayiog the
window open, perhaps as a convenient avenue
of escape; he enters the bed-room aad rifles the
bureau; then goes back and disposes of the
body.
What does all this indicate! I maintain
secondly that it doea not indicate much knowl
edge of tbe premises not as much as Potti r
had or would have communicated had he be. a
connected with the crime. If II run cell entered
the kitchen dsor without knowledge or th c n
Jitioo of the latch, anether man might 'have
. Th. wu, v,..n ;n.i.
uuue so --. ......
D0 rattening, jet the robber did not altempt
,0 enter there, nor at another window, th.
w c'cr ' . . -
Contmved on fourth page.)
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