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Burlington weekly free press. (Burlington, Vt.) 1866-1928, April 20, 1866, Image 2

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xorroas aiio racrRirrcas.
Tar BmtunCTox Witm Farx Priss Si pnp
HfLrd every Friday morning, and contain tie
latest Dews report! of Burton markets ul Cam
briar Cattle Market -, fall State, County and locml
lntellirenee ; well selected Miscellany. Ac, Ic
No care and outlay will be spared to make It a re
Halle, Interesting and valuable family journal.
The circulation of the Frie Pre; s ezeecda tint
of any ixprr ia the region, and It If, therefore, an
unrivalled medium for advertisers.
We deciie to lire additiocal attention to the Il
eal f r of the varltns ten ns In this and adjoining
Counties, in which oar Weekly has a namerons clr
eolation, and thill esteem It a faror if our readers
will forward ul in; items of interest.
Tkbus or the Weielt Fait Patss .per year $1
In advance, and if not strictly in advance, (.SO.
The War Tower Mill In Force.
We are glad to learn that President John-
ion ba- expressed the opinion that the course , , ., .
, . .' . , o , The "shadow of Christianity," is the title of
of the citiiens or several Southern btates a Ttry ,Ue treatise, hy an unknown author, re
towards the black, matt nectsarv the eon- oently published. We can heartily commend
tinned prince of the army to carry on, the , Ji m S'STM
provi'ions of the Civil Rights hill and the
objects o( the Frecdmen's bureau, and that
the army in the South will not be disbanded
at present. II this be so, the Southern
malcontents and their Northern allies mis-
interpreted the effect of the President's late
Peace proclamation. They assumed that
the immediate consequence of that procla
mation, would be the withdrawal of the
Southern garrisons nnd the suspen
sion ol all military authority at tuc Sooth,
and they were inspirited thereby to increased
disloyalty and malice. But we are rejoiced
to believe that they "counted without their
host." This is yet to be one country, in
fact as well as in name, as safe and free to
the Northern man at the South, as to the
Southern man at the North ; but the speed
iest way to make it so, is not to remove all
wholesome Jontrol, or the military force
which reminds them which side whippea in
the war, from our turbulent Southern breth
ren. Diecracttul. The U. S. Senate was on
Monday the scene of an exhibition of drunk
enness and loul language, which would have
disgraced a becr-garden. An altercation
aiot-e between the two California Senator',
m which the drunken McDougall charged
his colleague, Mr. Conncss, with legislat
ing for his own private interests Mr. Con
ncss excitedly replied that Mr. McDougall
was not in a condition to know what he was
doing, and that he was constantly disgrace
to the Senate. Mr. McDougall pronounced
this a "laln-hood." Mr. C. rejoine-d that
his colltaguc dare not repeat that out of the
Senate, to which the other rapping the desk
excitedly replied that he twuW, and went on
to tell a story so filled with profanity and
obscene language that the chair intermitted
and silenced him. The excuse offered for
McDougall by bis democratic friends is that
given by the Western squatter in his state
ment of his ministers "only fault" viz: that
he "in'.' swtar when he is drunk." Com
ment on such a proceeding is entirely super
fluous. After the scene was over the Senate very
properly proceeded to agree to the appoint
ment of a Conference Committee on the
House resolution to prohibit the sale of
liquor in the Capitol.
ArpuixiMExr or a :.tw Jcvcz or the U. S.
ScrsEiic Court The President has nomi
nated Henry C. Stansbury, as Justice of the
Supreme Court in place of the late Judge
Catron. Mr. Stansbury is a native of New
York, who moved to Ohio, where he read
law and ha6 since practiced, lie was an
old line Whig, and voted for Buchanan, but
afterward supported Lincoln and sustained
the war. It is said he was the writer of the
last veto message, and is a man oi decided
ability, but his confirmation hy the Senate is
doubtful. Indeed it is not impossible that
the Senate may pass the House bill reorgan
izing the Supreme Court and reducing the
number of Judges to eight, in which case
there will not be any vacancy on the bench.
Hon. A. Willard of St. Jobnsbury, Vt.,
has written a letter in which he savs tbat
bis appointment as one ol the Vice Presi-
dents of Montgomery Blair's wing of the ' ppcftred t0 underrate his own' performances,
Andrew Johnson National Club was with- I and never, I believe, circulated any of bis
out bis knowledge or consent. This maker ' speeches in pamphlet form, but he was gen-
,i I crous ana hearty in his appreciation and
five of the cc Presidents who Uve dis- clrcDlatiou of t(l madc bj' nc H-hcn
avowed nil connection with this movement, i he crve-d in this House, belonging to the
. old Whig party, the great radical abolition-
r ..., ,.r, ist from Ohio. Asntabula district, was also
Fanning the flaiies or cxriL discord. , i .- : .1
a member. Anti-slavery sentiments in those
The New York iet not only adopts tbc dajs foumj jittic flTOr anjwncrc, and here
doctrine tbat the President must not execute , encountered fiercest bate and frequent vio
the Civil Uizhts law il he deems it unconsti- nce on the part of slave holding represtn
... , , . .i I tativei. Mr. Oiddings once told uic that up-
tutional, but also recommends tbat tLc men on oDe occa(.ijni wbt.n j,,, had uUcred
elected to Congress from the southern State f uuweleuuii truths about the institution of
enter the Capitol and take their seats, and if i barbarous memory, one of those chnalric
any movement is made to eject tbcm, "let
the President," it rayB, "send n detachment
of federal troops to preserve order in the
Capitol." That is the latest manifestation
of Democratic principles.
... j . I
TnE N. Y. Triecne. Tbc Tribune has
widened and lengthened its columns, and en
larged its heet till it is now larger than the
London limes, which it oo;.ics in general
appearance In fact, the Triiune now elaiors
to be the largest daily in the world. TLc
ability, ciiterpri'C and value as a journal of
current events, ol the Tribune, are conceded
by all. Wc are bound to say, too. tbat with
all Us p rsorI j.-alusits ainl error of judg
ment a.n minor points, when great princi
ples are involved you commonly know here
to find the T rilune, and no other New York
daily has retained ourrespect more eonslant-
Collector or tbe Poet orNsw Yore and
O. Sl Attornet. The President on Mtndy
nominated to tbc Senate for confirmation.
Mr. Smylbc, President ol the Central Na
tional Biiik, to he Collector lor tbe Port or
Ne York, and Samuel G. Courtney to be
United Stat-a Attorney far the Southern
District of New York, rice Mr. Dickinson
Arrest or tue Decking Ml-rderec. At
London, C W., on Monday, the suppotcd
accomplice in tbc sevenfold Philadelphia
murder was arrested. He gives his name as
Charles McCutcbeon. When arretted he
turned tale and nearly tainted. Uie only i
discretanev between the description ol tbc
rnnr-b-ier uiid the appearance of the prisoner 4
as tbat inu-ad of having lost
" ,
his fore-bnger is gone. Prol
the murder- .
er already arretted, continues to
tcll tbe ur
niort conflicting sturita) about ihe affair, and
ays he was prompted by desire of revenge, .
not Laving tern well trcate-d, as will an ny
desire to obtain money.
Peospict or Was rs ticBorx. Prussia
and Austria threaten each other with blows,
I the former being determined to appropriat c
Scbleswjt; and Holt tein, and the latter insist.
I jog on her share of the joint spoils. Other
j caSjser, however, will have had no slight in
fluence if it actually comes to war, jealousy
and interest in ecTcral particulars.
The sympathies of England are slid to he
with Austria ; thoec of Russia with Prus
sia : while France would be glad to extend
her own boundary to the Rhine against Prus
sia, and Italy to seize Venice from Austria.
Cut such nations are loth to come to ac
tual war ; fur it is exjicneivc in blood and
treasure. Diplomacy and treaty-making
often do wonders in driving away the clouds
I tltat threaten war, and it may well happen
in this case that the differences betweeu the
two nations will he satisfactorily arranged
without a fight.
Tur. Suinow or Cueietiamtv. The Con-
grtgationahst thus speaks of Dr. Marsh's
1 , . u .
the reliwn of Jesus Const has already dune in
shaping governments and moulding the politics
of the world, and what it is vet destined to do.
on a fir larcer ssale, are here very clearly
pointed out. The book has compass and grasp.
Fuller has the book,
Congressional Holier tu the Memory ol
Senator Toot.
The eulogies on the late Senator Foot, pro -nounced
in the Seaatc and House of Keprc
rcntativc on Friday, were exceedingly im
pressive and interesting, and form a tribute
to his memory, of which he State inav well
be proud. We s..ould be glad if our limits
jicrmittcd us to publish them all at length,
but that will be impossible. Wcgive to day
Mr. EJmunds' maiden sticecb, and shall
make room for extracts from the others,
Ilemarks. of Mr. Morrill.
Mr. Speaker Never before in the history
of oar government has a State been called
upon to mourn tbc loss ot both its Senators
at a single session of Congress. Vermont
weeps, fur her Senators are not.
My colleague (Mr. WooJbridge) has so
happily aud jastly poring cd the history of
Senator Foot, while others have so gener
ously acknowledged his wurtb, that little
more remains for me to contribute.
As a speaker lforc a popular audience,
Mr. Foot occupied no moan rank. His noble
figure and full .toned voice at once arrested
attention. .Never begrudging preliminary
preparation, his speeches were clear, forcible
and well sustained to tbc cod. His style
never lacked elevation, and without being
ornate was affluent and scholarly. Though
admirable in temper, be could yet employ
invective at times with crushing effect, and
declaimed with the daring impetuosity of a
master who felt able to ride and cuide the
storm he was creating. But his great
strength lay in his absolute earnestness. His
voiee gave forth no uncertain sound. No
one ever beard him speak and went away
doubting as to bis meaning or as to which
side of tbc question he had espoused. Hav
ing satisfied his own judgment tbat he was
rigbt.be embarked hi wbule soul and strain
ed i very nerve in tbc cffjrt to bring hi? au
dience to the same conclusions with himself.
He was both sincere and positive, and utter
ly inrapable of guile or double meaning.
His integrity, moral and political, was as
firmly fixed as the mountains beneath whose
shadow he was born, and there was never
any doubt or speculation upon any question
as to wnere be would be found. When he
spoke, therefore, he brought to bear, not
only cogent argument, but the influence of
a true man the weight of an experienced
As chairman ot tbc committee on public
buildings, he had for a bag period taken a
deep interest in the work of the Capitol ex
tension. His ideas were liberal, co-cxten-sivc
with the grandeur of the nation, and
be would build well and for ail time He
felt a pride in the splendors of tbc struct
ure, fondly contemplated the time when the
surrounding grounds should be enlarged,
and believed in the end the world would not
be able to show government grounds and
buildings more imposing or so appropriately
magnificent. It was tbc Capitol of a nation
of freemen ! What wonder, then, tbat he
should m his last hour close tbc drama by
wishing to be raised in his bed that his eyes
might once more behold the rays of tbc
morning sun glittering upon tbe majestic
dome and illumining those balls wherein he
had long been so noted an actor ' He was a
modest man, and obeyed tbc Gospel precept,
nnt tn thinlr f,f lillrwlf Tlinrn ht(hlr thsn
he ou(.ilt t0 tliint," and esteemed others
better than himself. Few who have spoken
I so well bye been able to content themselves
. . , nn .k:.r ,a ,, i-.. ,
- .....
sprang at his side, ready to meet the agcree
sor. The prom tness ot tbis action and tbe
firm front of Mr. Foot awed the would-be-aseas-in,
and be retired to his seat. Nobo
dy, said Mr. Giddinga,could douht the mean
ing ol one or tbc other. The drjicatc as
well as the difficult duty of niakiDg up the
various committees of the Senate Irequcntly
le-li to his lot, aud it was oluave perlurmed
with gnat discretion and fairness. Here bis
mode-sty was appart.nl Jor he never so carved
an to lun e the enoioest part fur himself. Mr.
Foot was industrious, mrthodiual, punctual
to all apjAiintiucnu, and necr xstponcd the
work ol to-day lor the greater leisure of to
morrun. hatcer be aimed to do be aimed
to do well. He was proud of Vermont, loved
her history, nnd wore her honors worthily.
Bat lie was not too proud to labor fir the
humii!t ot his constituents, and he added
lustre to his State ana honor to the Nation.
ll it be Uod cs ttiusc who are ready for
" His coming" iu ouch an hour as wc tmnk
no , or those be wkes while in tbe full en
j yiDtat ol all toeii stre gtb uud boes,
with unnd and leputalion as well as laitn in
the grace ol God undimme-d, then was Sen
ator Foot fortunate, as he was happy, iu the
time ef bis death. Life was at its acme, and
lie filled as bull u space in tbc world as bis
highest ambition lad ever coveted. He
had not tired himself nor was the world
tirod of his presence, but he itemed to see
as with a heavenly vision a welcome await- j
log hiui in the new world to wblcb be was
hastening, and exclaimed, " I see it ! I see
it. The gates are wido open. Beautiful !
lScautilul !' Senator Foot was pre-eminent
ly a large-hearted man, nursing no ill-natured
jealousies in himself nor in others ;
far icos did he indulge in any malice, and
was tbc readiest man I have ever known to
forget and forgive a seeming neglect or ac
tual injury. Opponents never found bis
tongue lubricated by the serpent's poison,
nor did friends ever find themselves "damned
bv faint praise." for he was lukewarm in
noljing Iji.t distributed praise and blame I
openly, manfully, and with a most refresh- '
1UUUCU0Q - roruuinenus uc iij '
... 1 : F I 1 .1..,. .1 !,; n,
beheats with a cordial jilaeritv. never to be
forgotten by those whom his position, official
other, enabled him to aieist. Our volun-
tccr soldiers and officer, (to suddenly called
from industrial avocations to put down the
grcAt rebellion, received his homage and
tendereat solicitude. Ul these no leii m
dead were all martyrs, tbe Irving all heroes
tendertat solicitude. Ul these no leii me
dnn were nil marrvrs. ine lrruip au neroes.
State no public man ever possessed more of
the affection of the people, as waj sufficiently
shown by hut almost nnanimoua election by
the Vermont Legislature for a third term to
the Senate of the United States. He al
ways met bis colleagues with the most cor
dial salutations ; no ill wind ever rippled
even the surface of their intercourse, and
the most genial and affectionate relations
were maintained np to the lat momenta of
nis We. llis loss to his Mmily is irrepara
ble, and so profound is their grief as to find
no solace save in the contemplation of the
and his gratitude was unbounded. In his own
sublimity of tbe dying Senator's Christian
faith. The last utterances of great men arc
often treasured up and serve to prove the
strength of some ruling, possibly petty pas
sion of the deceased, but rarely have the last
words of any been so fit to be reported to
the world, or such as to be more likely to
be lorcver engraved on tbe hearts of his
friends, than those of tbe lamented Senator
Without an enemy in tbe world, loving
God and glowing with a Sect ion fur all thoi
who visited him in his last hours, with eyes
still beaming with nil their wonted brillian
cy, his unimpassioned words so clsirly ar
ticulated, so lovingly tendered, were all cal
culated to touch every heart with wonderful
Honored Senator, true Patriot, faithful
Friend, Farewell !
Ucninrks of Senator lldmimd-..
Mr, President : Were tho aphorism of
me great uramatist true, that
"The evil that men do lives after thtm.
The good is often interred with their bones,"
there would be little indeed leit to remind
us of him who has now so lately vanished
lrom tbc Council Chamber of the nation,
and from the vast and majestic edifice which
has grown into stature and beauty under tbe
enchantment of his labors ; be would stand
with those described in the sad but beauti
ful passage in the divine comedy :
"On earth they left no record in their day,
Mercy and jnstice had them in disdain,
Speak not of them, but look and pass away."
and his memory would pan with his mortal
body lrom tbc knowledge of men.
But a higher philosophy and a better re
ligion teaches us, that however it be with
evil, tbe good that men do is not burird with
their bones, but lives after them, ever grow
ing, widening, elevating, never lost, and
casting its beneficent fruits even into the lap
of the future.
Whatever then may be the sphere of use
fulness and good, to which a man is called,
or in which he moves, whether it be in the
loftiest regions of politics or ethics, or in
the cold and serene solitudes ol abstrnct
science, or in the judicial administration of
atlairs, or in the humblest callings ot bumble
life, be bis work well and faithfully dine,
be his mission filled to completion, lie lias
earned an equal recompense, and has equal
ly won tbe victor's crown.
Thus it has seemed to me tbat, on tbis sad
and sorrowful occasion, I may leave to other
and more familiar tongues the piaue of Mr.
Foot in bis character or Sen tor and legisla
tor, and may fitly be excused from any phi
losophical analysis, or estimate, or panegy
ric of him as compared with other eminent
men leave to the future the task of fixing
with impartial exactness his place in tbe
high Temple ot Fame, among the here and
worthies wbo hate gone before him to their
rest, and the rather, as my heart prompts
me, and as tbc wishes of tbc people whom
he has so long and so worthily represented
would 1 am sure direct, as bis frame friend
and fcllow.citizen, dwell for a little space,
as we mourn at bis departure, urion his per
sonal relations to bis people, and upon bis
long life of unblemished purity, and of cor
dial and earnest loc for and pride in his na
tive State, and upon bis constant and untir
ing and successful cfiorte to promote their
welfare, and to realize their wishcs.upon bis
love of hi country, and of man. Born to
no ancestral honors, and marching forward
to usefulness and influence only by tbc mer
it of his own vigorous but unaided ende-avr
be entered upon life in perfect sympathy
with tbe universal aspirations of tbe people,
and so, as step by step he advanced from pu
pil to teacher, from teacher ; o leader, and
from leader to ruler, ho was to tbcm the type
ana example oi republican social progress,
tho representative man, and all tbc people
looked upon his success as their own, and
felt in his advancement a triumph personal
to themselves.
Their affectionate sympathy of sentiment
was fully reciprocated by Mr. Fewt. IU
took up, as if by instinct, tbe feelings of the
pcople.nnd never failed to assert tbcm against
all antagonism. And these qualities of his
mind and heart were not limited to geo
graphical boundaries.
lie believed in the exhortation
"Serve tby country, and every other.
And wherever man dwells nnd a brother
Whoa God hath related to thee."
So he was admired, and followed, and
trusted by the masses of the ople.
Whenever he was called upun for assist
ance, ue inuiTiuuaiizeu mc case oi cacn ap
plicant, and made it bis own ; his heart
warmed and his face lit up with joy at the
opportunity oi assisting any, nowever bum
ble, of bis fellow citizens, and hundreds and
thousands will carry, through their lives, tbe
pleasant remembrance of bis grasp and
smile, as he would dismiss them with en
couragement and counsel. Thus be endeared
bimselt to men individually.
His sense of truth and justice) was quic
and vivid, although bis respect for sincer
opposition was perlcct, and sa he was no
easily misled. Thus he obtained the confi
dence and rcstioct of tborc wbo could not
gain bis aid, as we'll as of those who were
the recipients of his favor.
His hie was pure, generous and blameless
irec lrom all shadow ot suspicion or rcpn-acb
and all wbo knew bim had faith in his fidel
ity to his principles, and to bis State.again-
an pressure ana an temptation.
And therefore, on all sides, there gathered
around their earnest friend hearty, patriot
ic men, toe priue, tnc conuoence and the at
fections of bis whole iieoplc, who now mourn
nis loss as an individual bercavemcut,as does
he wbo now addresses you, whose relations
with tbat noble man were of such affccliun
ate intimacy and good will as would make
him titly turn away and weep rather than
speak tbe language of deserved eulogy.
In a busy, uselul light be has filled hi
allotted sphere, and discharged his trust
'with enmity toward none, with charily to
ward all," be has lived and died.
Mr. President, as we gather hope and uis-
uoiu even out ol these Sorrowful duties, let
us remember that it is good deeds, and not
tbc lingering yearn, tbat make up the lull
true lite of man, and tbat crown him with
bis last rewards.
Iteninrk ul senator Poland.
Mr. Foot was not a man of great original
ity. I am not aware of any gteat public
measure be originated. He did not take
much part in tbc general debates in the Sen
ate urmn general subjects, but he ws al
ways in his seat, carclul and watchful oi all
measures, with excellent judgment of what
was for the public interest. A member of
the present Cabinet, who served ten years
with him in the Senate, said to me during
-nr. root siccness, that he never knew a
man whose votes were always more consist
ently right than his.
He loved and honored Vermont ; he was
proud tbat it was tbc place of his birth.
.More than once since 1 became his colleague
he has mentioned tbe tact to me, that never
before was Vermont represented in the Sen
ate by two of her sons, born on her own
oil ; and be seemed to dwell on tbc idea
with great satisfaction.
During his illness and after he became
satisfied be should not recover, be loved to
speak of his being carried back to his native
State ; of being buried under the shadow of
her grand mountains and green hills, and
within the sound of her waterfalls, and that
bis grave would be among his own people,
whom he loved and who loved him so w'cll.
Mr. Foot's real greatness and the cause of
his universal popularity 1 have not yet
named. Some men are called great from a
single great action ; others by a lew great
""T. - - "-t"-.L.jira
hi, nnwit stfHirl - nnl a 1.
act or several acts of great states-
manship, but a lifetime of good, and gener-
oua, ana unseimn accas.was wnat made bim
great, and gave him such a hold upon the
hearts of the people of his own State and
others who knew him.
r"1 "w,u" ul oruer;
iuisujuuhwuw hg tcit tesuccuiuia in- 1
deed : hit judgment was excellent; he had
extraordinary gifts of person and manners ;
but many men possessing all these in equal
degree would never have attained a tithe of
tbe honor and respect he did. It wa3 his
generous, warm hearted love and sympathy
for his fellows, and bis exhibition of it to
tbcm and for them at all times, tbat induced
their love and respec' for bim. l'ou saw
with me tbe general exhibition of sorrow lor
his death bcie. where he had been so long,
and was so well known and so highly re
spected ; but it was my lortunc to be oue ol
your committee to attend bis remains to his
old home, and among tbc neighbors and as
sociates of bis "daily home lile." Had you
witnessed tbc deep gloom and sadness that
bung over that wbule community, the tears
that filled sa many eyes, as we tulfilled our
mclancbuly duty, "you might well have ex-claime-a,
Behold bow they loved bim '"
Living in another part ot tbc Sate from
Mr. Foot, and our pursuits fur many years
baring been so different, I had never much
personal intimacy with him until tbe com
mencement of tbe present cession, when I
became his colleague. From that time till
bis death we livid at tbc same bouBe, and,
till bis sickness, sat at tbe same table. 1 soon
saw why all loted and respeeted him, and
shared their sentiments in tbe fullest man
ner. Tbe infinite pains he took to make my
position agiccable, to make me acquainted
with the course and detail ot business in the
Senate ; tbe properwlSce and departments
for everything; in short, tbe whole routine
of Congressional drudgery, which it is so
important for a man to know, and still every
man is expected to find out for himself was
what I did not expect from him, and proba
bly should have received from no other man.
But with bis nature ho could bardlv have
avoided doing it.
The circumstances of his sickness and
death were cucb that general publicity has
been given to various interviews and part
ings between bim and valued friends, solemn
and affecting in their character and interest.
I took my Uit leave of bim on that same af
ternoon before bis death. 1 could not now
attempt to describe it, but I shall never for
get his affectionate language, or his solemn
cdietion at our parting. 1 mourn bis lues
ommon with all wbo knew him; but with
all who believe in tbc heaten hereafter, I
doubt not tbat our l - is his infinite gain.
His triumphant Christian death was a fit
ting end tor so loving and uselul a life.
Well may we all pray tbat our lives and our
deaths muy lie like his. Sorely indeed has
my native State lx-n stricken; her twj dm
distinguished sons, long her joint represent
atives in this body, where they represented
tier with so much ability, usefulness and
credit, both taken away 'by death, and so
near each other, that the stirring efltet of
tbe first blow bad hardly jmssed when the
other came. God grant tbatthoe wbo bale sur
vived and succeeded them may be enabled in
some degree to emulate their virtue and
usefulnert to the Stale and people tbua be
reaved !
.Mr, WoodbridgcN UetaaiL-
Senator Foot was what we rail aslf
inade man. I do not attribute to him any
particular credit tor that. The term "sell
made man" is a much-abused one. There- is
no royal road to greatness. Every man who
oontes to be a p.wr nache it through r
ronal efiort. The scholar w nell-amdr. and
becomes a scholar through patient and ex
hausting labor and reflection. The pr.iier
sional wan is sell-made, and so is the mer
chant and tbe artinau. That Senator Foot
succeeded where a weak will would bare
failed is doubtless true, and beoee the great
er honor to tbe man. At a lawyer, Mr.
Foot was not learned. As a statesman, be
never seized upon new theories or ventured
upon untried paths. As a political econo
mist, be never originated new ideas or de
veloped old ones with xtraordirary piwer .
and et, without qu'stion, be was t he ol
tbe salevt statem-n and most jodiciou- leg
islators of the agr
He did not retein le the mountain, tw
enng to th- skies, barren and useless Ir.im
its height, but rather tbc leaser eminence,
w hose summit is c vercd with tbe lorrst , and
whose slopes wave- with the yellow grain
He did not resen tile the ternbe shower which
destroy by its violence, so moeti as ilie gen
tle rain which tbe earth drink nnd then
dresses herself in ih-w life and iirauty
God granted to Mr. Foot one of tlie Ri-eat-est
of earthly blessings a hing, praying,
pious mother, who early insulted into his
mind principles ol reverence toward God,
obedience to authority, and five ol truth,
and through a lung public lile tbe great
leading chart ctcristic ot his mind, and r
Imps the higliett power ol his character, was
bis devotion to truth : that high ethical
truth whicb is erounde-d in the moral lieing
and the fitnen ot things. 1 ing back ot and
deeper than refinements or popuiaritie-s
reaching down to the inner nature and ele
vating the moral lorce.
"Hie word waa good as his band." No
social or political combination or influence ;
no sycophantic flatterer : no dastardly and
cunning in-inualor ; no expectation ot re
ward or place or power ever snook the trutu
lames ot Solomon root.
"Among innumerable false, unmoted.
Unshaken, uneeduced. unterruled,
IIw loyalty he kept, his love, his zeal;
Nor number nor examile with him wi ought
To swerve from truth or change bit constant
Though single."
Senator Foot was a patriotic man.
"He loved ha land because it was his ova
And scorned to riv? oofbt other reason war."
He loved his native Mate, io mm there
was do air so pure as that which swept about
her mountains; no water so sweet as that
which bubbled lrom her crystal springs; no
grass so green as tbat whicb clothed her val
leys ; and be now lies beneath tbe shadow ol
her bills, wliere the wind sings bis requiem
and tbe solemn old pines stand bb sentinels
over bis dust.
During tbe long and bloody rebellion,
when suffering and death entered almost et
ery household, no wounded soldier, no weep
ing sister, no heart-broken wile or mother
ever called upon Senator Foot in vain. Their
wants were his wants. Their suBering was
hie suffering. Io sun-bine and in rain, in
sickness and in health, hy tender and sym
pathizing counsel, and ly ncciveand i meant
effort, he labored for their rebel; and we
may truthlully say for bim, When the eye
saw me then it blessed me. When the ear
hearJ me it gae witue-se to me, for I deliv
ered the jioor tbat cried, the falbcrhs. and
hiui that had none to help him. The bless
ing oi mm iiiat was ready t rish cuuic
up it nit, and 1 caused the widow's heart to
sing for j iy."
Mr. Sakcr, it u a gl jrious thing to live
in tbis world Inn its. Ciintor launched
it forth in tbc infection ol its beauty, ibc
murning stars sang together for jay. It was
made for man, the hut exercise ot creative
ower, lor man made in the image of God,
into whose nostrils he bieath tbe breath ol
life. It i n-iUe to live lor tbe deielcptnent
of the soul. It is beautiful to niinreCMte
and enjoy all the works of God, and all the
endearing relatious with which wc are sur
rounded. It is glurious
" To have .
Attentive and believing faculties;
To go abroad rejoicing in the joy
Of beautiful and well-created ibices:
To love the voice of waters and the sheen
Of silver fountains leaping to the sea;
To thrill with the rich melody of frrds
Living tbeir life of music; to be zlad
In the cV sunshine, reverent in the storm:
To see a beauty in the stirring leaf;
To find calm thoughts beneath the whispering
To see and bear and breathe the evidence
Of God s deep wisdom in the natural world."
But more beautiful than life is tbc death
ol the Christian.
Mr. Foot from the commencement of his
sickness seemed to feel that be would die,
and when tbc final summons came he was
His last tbouebt was for his country, and
bis last desire to look out upon tbe beauti
ful sunlight and the noble edifice, where he
had labored so long and where he believed
the future safety of tho Republic rested ;
and then, as it fully satisfied, with eyes full 1
of radiance, he exclaimed, " I see it ' I see '
it ! The gates are wide open ! Beautiful ! '
Beautiful and the plastic form was stilled; '
the casket was broken, and Solomon Foot
entered upon eternal rest. '
Mr Speaker, tbc life of a good man like '
that of -him wc mourn is not confined to its
immeeuaie ana most apparent results. Its ,
uuiucuce lives on. insnirinc ntnpr mw tn
lives of nobleness and duty. It is tbc pillar
of fire by night and cloudy by day that safely
guides ub in our weary wsnderings. Let us
mark it well, so that when to us the last
urcad summons comes we each may
Go. not like. he quarry, lave at night
fcsourgea to nis uanceon, dui susiameu uuu
By an unfaltering trust, approach our graves
Like one who wraps the drapery of his couch
About bim and lies down to pleasant dreams."
Chittenden County Court.
arRiL term, 1S00.
Present Hon. JOHN PIFJIPOlNT.Chicf
Hon. Wm. V. Kevnolds, Assistant
Hon. SarroRD Colet. J Judges.
roTTr.it rtr.LnAsi;n ox n.n..
Mond.iv, April 1C.
Court otcned at 0 A. M.
Application was made to tho Court to fix
an amount for bail in the case of Cbns. II.
Potter indicted under three counts for pass
ing counterfeit money. Judge Pierpoint
fixed the amount at $500 fur each indict
ment. Tl c ease ol State vs. Wm. Faulkner lor
ninrder was then called up.
Faulkner, it will be remembered, shot a
soldier named John Oonly on tbe night of
the first of August last, on Water street, in
this City.
A jury was eiapannedled. two jurors being
challenged for expression cf opinion previ
ously, aud two peremptorily.
the Jirar.
I'bilo Kcnyoo,
Clark A. Hood,
G. R. Itoberts,
A. II. Alien,
II. N. Ballard,
Dean Ilostbrd,
Francis E. Gale,
W. K. TafL
C. Van Visit,
M. II. Iloimrd.
Walter II. White,
Bttel II. Day.
L. l! Kngleaby, State's Attorney, and
Wm. G. Sbaw, Esq., apjieared for tbc Stale,
and J. French and Henry Ballard, Esqi. fur
tbe defence.
Tbe indictment was read and the plea of
not guilty entered. State' Attorney Engles
by made a brief statement of tbe fact of tbe
homicide to tbe jury, and a state merit fur
the defence was cade by Mr. French.
Da. H. II. I.asodos was called lb the Stale
Am a physician; was called to attend a ease at
Mrs. Mieheaod's, on Water street last Auieost;
found a man lying on the floor surrounded by
several persona; was told be bail been shot
through tbe body ; foaud a wound above the
umbilicus, a little to tbe left ol tbe meaian line,
a gunshot wound; the ball bad come out on the
left side, a little below tbe bip bone.on the fleshy
part of the buttock ; probed the wound ; tbe ball
entered in front; tbe person was not dead at this
time; after death made examination of the body,
the next day . was not there when be died; tbe
course of the ball appeared to be straight
tbrooch ibe body; where tbe ball came out was
10 or VI inches loner than where it entered;
the man when shot must have been stooping, as
there was nothing to change the coarse of the
ball; the same effect voald have been produced
if the one who And the shot waa high enough
above him; examined tbe spot on the night of
tbe affair; saw blood on a pile of board near
the door; the man's death wan caused by this
wound he received.
Croit riamtntd If the man ho fired the
the gun was don the steps, tbe angle ot stoop
of the man killed must bare been
greater than Cony-five degrees. Conly
appeared to possess more than ordinary
physical opacity; weighing 10 pounds at
least; fee was about 25 years eld. lhdn't see
FaulEner till examiuauVro before the magistrate.
There was then a wound oa him onder ihe left
eye; the eye was considerably discolored and
saolleu; also an abrasion on the right aide of
the firehvaii; should think tbe two wounds
were not made by the same blow ; they appeared
to be recent wounds; noticed that night that
Conly was somewhat under the influence of
James Vlcinc called. Have been in tbe ar
my. Co. F, of the 1st Vt. Cavalry. Knew Conly
ever since the company was made up here; was
with him the night he was shot. lie answered
to two names . of John and Mike Tbat night
it left Mr. Lee s and went down Hater street;
Conly wanted to see a friend un Water street.
Bill Cane; he asked tor him at Faulkner's door;
Mrs. Faulkner told him to go home, she didn't
want him around; be told her to hush ber noue;
Mr, Faalkner came in tbe rear going into bis
own honse, and told Conly to go away; be told
him to hash bis noise; Faulkner went into his
house and slammed the door in Con
ly s face who was following bim.
Then Couly struck or lacked the door; they
bd no words. lie bad nothing in bis band at
the time. Conly and I were going a ay, and
bid got out to the centre of tbe road, when a
woman came oat above us on a kind of balcony
and told Conly to go away ; it was not exietly
over the door; she told Conly she'd get some
one to beat bim if be didn't go away: she come
down the steps and went up north; Coaly fol
lowed and said tbe couldn't get a party able to
beat him; he came back and stood is front of
Faulkner's door, about two yards, looking up
at the woman; she went up the stairs again and
disappeared from my sight. We remained two
or three minutes before Faulkner's door opened ;
I saw a gnn in that man's bands inside; looked
at me; then Conly picked up a piece of wood,
and as be threw it tbe man fired, both fires
went together. Conly called to me and said he
was shot. I didn't believe him at first; then he
stepped to the woodpile and commenced to bleed,
I saw tbe stick Conly picked up a. piece of pice,
with the limbs cut off, not smooth; I saw noth
ing eh-e in Conly 's hanJ; be threw no other
sl.c'i, hadn't time ; be was taken info
the next bouse, afier be wis shot; Conly
t ld me to go for a priest ; I went
Rod before I got back he was dead;
There was not a word of anger between him and
Faulkner's people afier the woman came down
stairs and spoke to him. Faulkner was not in
my regiment; I was in town that day with my
On cross examination, witness testified that
he had been drinking, whiskey and beer; that
be saw Conly drink beer only, and that both ot
them felt "pretly merry," and tbat be tried to
get Conly away from tbe bouse.
Bbipckt Din.vix, sworn Liied hut August
in tbe same bouse with Mr. Faulkner, in tbe
north part, up stairs. The first that drew my
attention tbat night was Mr.Faplknei's htt'e boy
calling "old woman" twice, he meant Mrs.
llolan who owns tbe bouir, my mother in law;
she lived in the south part of tbe bouse, right
over Faulkner's cellar; I looked out of my win
dow, and said " Billy, the old woman insn't in,
I don't know where (he is " Tbe boy was
right by Mrs. Dolan'a window on the gallery;
I saw Con'y standing a litile way from Faulk
ner's window with a stick in bis band, pointed
towards the window; a stick about two feet long
with some sprouts on it; I went back, staid a little
while, went down stairs, orened the door on tbe
gallery and saw Conly and tbc man with him
Lear the telegraph pole, perhaps three or four
yards from Faulkner's door a little way east of
it ; I takl to them to go away cr I would have some
one to make tbem; tbey muttered something I
couldn't say what; I went down stairs; saw no
one around, came back up the stairs, shut my
door, went up the stairs to my bedroom, and
had just got there when I heard the gun go off ;
my bedroom is on tbe front side up in the
second story; when I went np stairs Qairk was
standing by the telegraph pole, and Conly was
coming ever towards me; he was muttering
Croxi examined To get to my bed roan I go
the whole width of the house and then upstairs.
Didn't see Billy af er I told him about the old
woman: don t remember whether I saw Quirk
when I first saw Conly with the stick in his
band; I came down stairs because I was fright
ened, I went to tbe corner of tbe house for
someone to make them go away: when I hut
j saw Coaly, he was coming towards the stairs;
I they are in the middle of the house and Faulk
ner's doer is close by almost under them.
I Rt-directl didn't see Faulkner or his fami
ly that evening; cannot say if I looked towards
their door. -
Rtros, Tbink it was alut 9 P.M.; day- .
light was gone; it was s moonlight night
Wa. D. Mcxsos sworn. Beeolleet this
homicide; was there tenor fifteen minutes after;
went into tbe house; found a stick of wood on
the floor, of pine two or three inches thick, and
about three feet long; should not think it was a
smooth stick; saw no other .stick; looked thro'
the room Faulkner occupied; there was a gun
qehud ths door.
.u. - ,i ,v.. .1
Cross Examined. The nosKt was a com
mon infantry one Faulkner has been In jail
since the murder. His conduct in jail was very
quiet and inoffensive.
Tbc State here rested, and tho connfel for
j.i iu
. tn0wn Faulk-
..-.-. -
! ner several years; I kept a meat market near
j where he lives; never.knew anything against
bim; his reputation has been good.
I Cross SxaamtJ. Have seen him before tbe
war, irhips several times a day, at intervals.
G. 0 Lxwis, sworn Knew Michael Lonly in
the army.
Mr. Engleaby objected to the admission of
this wi'ness as to Conly's previous disposition
snd character. The Court decided that it was
I was sergeant andlst Litat.of his company.
Lie was quarelsome generally, especially it be
hal been drinking; would drink as often as he
could get it. Knew Quirk; he and Conly were
very intimate.
Crow examined Conly was in the army with
me about two years and ten months; when not
in liquor, be was generally quiet. If there was
a row among any of them, he was usually in it.
The men were not often sober, they got liquor
often, when officers couldn't. Did not often
drink myself.
Socrates Beach, sworn. Have known
Faulkner 8 or 10 years; his reputation was that
oi a very peaceable, quiet man.
J. II. Haieltox, sworn. Was Major in the
1st Vt. Cavalry, formerly Captain of Co. M.
Knew a man named John Conly; he was a
quarrelsome character.
CroM-ezomined. Don't know when tbat Co.
got back from St. Albans; I got here the 2d of
August; think they had been here 8 or 10 days,
perhaps less. This man was in the habit of
drinking occasionally; when intoxicated h was
The Court here adjourned till-C P. M.
Mc.ndat, April 16.
The Court assembled at 2 P. M., and the
seuBnl lor the defence called
Jamis 1'ciTCBiED. Mrs. Faulkner
is ay
mother; am IT years old
am 17 years otd; was not at some
when this transaction occurred; saw Mr. Faulk
ner between three or four P. M. tbat day fat
botse; we have Bved in that place abont'10
years; I saw Conly about a week previous ,ai
Mr. Faulkner's; my mother told bim to go ontr
he was in the house; be tow her to husn ne;
noise, and presently went out ; be was not to say
sober, saw tbe marks upon .Mr. rauiknes s race
next day after this affair. He brought hotat
his musket from the army; it was kept is the
corner behind the stove. Never knew ol any
difficulty between bim and Conly previous to
this. When I got home that night, Faulkner
was arrested. Should tbink the door latch was
bent an inch, so that the door opened very hard.
There were marks about tbe door, one on the
casing over the door, two on the door itself.
deals as it a stick had hit it. Found on the
floor next morning a little stick back part
of the room, three or four (ret long, perhaps
sa inch thick; a larger esse, aboat fear sset
from the door, about fear feet long; cannot say
how thick ; it was larger than the other; saw a
pieee of three-inch plank on'skje of the door.
between it and tbe woodpile; it had blood oa it
Cross examined This first occuioti when I
saw Conly was about a week pm ions Coaly
had no words with Faalkner that day I saw
the sticks the nicht ot the aarder, bot didn't
take much notice of them then. Tbiak I teati-
fled before Mr. Hollrnbeck about these sticks.
Mr. French spoke to me aboat the sticks; can
sot say when; asked me where they lay; I told
him; have not talked to any one else.
think I testified before aboat the latch: sa it
tbe next day after the a&ir, about Boon; tr'sl
to open tbe door and too no the latch beat ; it op
ened at usual the day before: noticed tne marts
on tbe doer next morning. The dent over the
door wa aboat an inch deep ; matt have been
struck violently to make so deep a mark. The
marks on the door looked as if made with
stick with some violence. Tbe beavitnt mark
was on one of tbe panels; saw no split ia the
door. It was oa the day I came down Iran tne
jail tbat I hw these marks; don't remember
whether 1 was at the jail oa sjatnrday, the day
of examination. I know Bill Cain; he waa at
Fa a lk ner 's house seme: never saw him and
Only together.
Wm. FAVLESim sworn Am over thirteen
year old. Was at my fother's hoaee the night
Coaly was killed. Coaly and Qairk came there
that night aboat nine o'clock. I was oa oar
woodpile beside tbe window ; my mother aad sis
ter were in tbe boase; my tatber was backside
of the boase. This Coaly begaa a kind of ring
ing; the door was shut; he was rattling at the
button of the door; did not hear my mother say
anything. Conly was stand ing on one side aad
Qairk on the other when my rather came aad
wanted to go in. and tbey wouldn't let him; fa
ther went down tbe step, and when the door was
shot Conly kicked it; father came and opened
the door, and told bim to go away; Conly threw
in a little stick, three or four feet long, aad an
inch thick; father told him to go away again;
says Conly -'come out;" he said be wouldn't;
Conly threw a four foot stick at him and hit him
on the nose, a pine stick full of knots. I went
up stairs and hollered ' 'old woman. " I went af.
ter Mrs. Dvlan, thinking she would get them
away. Saw Bridget Ihnnia above the gallery;
she said to Conly , "go away, or I'll get somebody
to make you get away;" be said the whole of
Water street couldn't put him away; I came
down the stairs, went across the street for fear
they might hit me. after he threw tbe last stick.
When tbe gun was fired I stood on Beach's cor
ner; Conly was facing the window with a pieee
of plank in his arms coing to throw it, a piece
of square plank- Identifies a piece ot plank
produced, as the one Conly bad-1 I saw my
fither after the shot was fired, his eye was
blacked and blood was running down his face;
Maggie and I staid at the jail that nicht; don't
tbink I went down with James next day; no
ticed that the latch was crooked, aad could not
be easily raised: it wss straight before. Conly
was round there about three weeks before; he
looked round and kind of kicked tbe chairs
round; mother told him to go awsy, tbe didn't
want bim around; be didn't go away at once.
Cross-examined. Think Conly and Qairk
were there as much as an hour in all ; think it
was three quarters of an hour before I run op
stairs; tbey stood on each side of the door, and
wouldn't let my father go in; he got between
them at last; I was frightened at the time; they
pushed him once; when the doer was opened,
iOniy sioou on toe south side or tbe door nearly
in front, tbe door was opened about two feet
wide; when the door was opened the second
time be was nearly in front of the window, and
came back nearly in front of the door; I was
standing at the stairs, and saw him. Tbe door
was opened this time nearly all it could be. my
tatber was standing in tbe door way; Conly
threw this big stick at him and I am sure it
struck him; didn't see it strike him; Conly was
about two feet from the door and threw it with
all bis might; I bad time to go up stairs and
down and across the road before I beard the gun
fired. After the big stick was thrown in, father
said if be didn't go awsy he would shoot bim.
I saw the piece of plank in bis bands, a
little before Conly was shot ; saw the
plank raised when the gnn waa fired
then be dropped it; didn't hear father speak
after the big stick was thrown and tbe door
shut No one was within sight at ihe lime.
The moon was up when I went across the road ;
didn't testify be to re Hollenbeck tbat it was too
dark to see, or tbat I heard nothing said about
Maggie Faclkxeb. Am 11 years old; Mr.
Faulkner is my father. Was at borne when
Conly was shot ; no one was in but me and my
mother. I beard Conly and Quirk coming
round but didn't see tbem. I locked tbe door
when I beard them. They asked fer Curly
Kelly; mother said he wasn't there, and they
misht go away; that was tetore I locked tne
door; I beard my father coming round to come
in the house. Father tried to shove them and
make them go. I opened the door aad let him
in and then locked it again. The door was
kicked; father went to the dcor; he shut it, and
it was kicked again ; he opened it again and a
stick was thrown in; it didn't hit anybody.
The next time be went out a big stick was
thrown and hit him cn the nose. Father told
them if they did't go away he would shoot one
of them. Conly said, "come out; father sokl
he soon would go out; I was behind my mother
when the gun was fired. Father's gun was
kept in the corner behind the stove; didn't see
him load it that nicht. It was ten or fir min
utes between the throwing of the sticks.
Oou examinfo' The door wss opened three
or four times; didn't hear any words; was
across the room. The gun was fired a good
while after the throwing of the big stick, neard
no noise after the stick was thrown. Didn't see
Conly and didn't know who threw the sticks.
J. Frexcii. sworn I made eiamtn.f.nn f '
fhenremfae afrfh UmUJ. TT..1 J:r
TT1 fi;f5f.nlt
in opening the door: found that ih. I.,). ...
that the latch was I
bent considerably; saw a mark on the casing of
I V,. r; estimated ""u.crea tne army. The State shows nothing I ihe character or tbe assailant may be
1 i7f,i,r J Ta ati8 V20"1' the,t0Te ' 1 the5ontr"7- The testimony shows Conly tS considered by you, if yoa find that the dc
i stood at tbe end. four or five feetfrnmltfTintlrl have been iv i.nln..i.. -k.; I u..ii .,J. . r
s nm, ttH in m. , " . ,
a pine stick in the room, S or 4 feet long and 3 ,
ner at the examination, aad took minutes of tes.
timony. Quirk testified that tber left Lee-. aW
nine o'clock; that cJTwa&YOntS I
four times. 7 ,Mee W
Bends from notes of Quirk's testimony.
Crost Examined. Went down there also cn
Saturday. Mr. Ballard went with me among
Mr. French here asked that the trial be
postponed until the arrival of other witnes
ses, who were on the way, and the court de
cided to allow it. Tbe State's Attorney then
Jauvs Wall. When tbe gun was fired I was
at Logan's, just above the bakery, about five
rods from the corner, across the street from
Faulkner's: saw Conly and Quirk about fifteen
or twenty minutes before ; tbey passed by where
I was sitting; went north; were gone about fif
teen minutes; came back and went across the
street towards Faulkner's; it was quite dark;
could see the stairway.
Mr. French objected to the testimony as
out of time ; tbe court, however, allowed
Saw no sticks thrown; heard no noise as of
sticks thrown against tbe deer; heard no neise
of wrangling; tbink it was about hah past
eight or nine o'clock; went screes when the can
was fired. Conly lay on a pile of wood. Saw
no piece of plank there. Saw no one bat one
woman. Mr. Faulkner's wise. Did not see any
woman before tbe shot was fired.
Cross Examined. Was not a witness at the
examination before Hollenbeck. Was sitting ev
en with the sidewalk at Logan's grocery, four er
five rods off. A man and a woman were sittina;
with me. I was talking with them. Nothing
called mv attention across tbe street. Heard no
remark like that Mrs. Dinoin said. Didn't no
tice Conly and Quirk, or what tbey were doing
across the street.
Wm. G. Sbaw sworn Took minute and
testimony at tbe exaBsinatsss before Justice Hol
Reads minutes cf Billy Faulkner's testi
mony. Ibe court then adjocrned till 9 A, M. on
TruDaT, April 19.
Court o renod at 9 o'clock.
Tbe counsel for the defence ealW as wit
nesses Horace Emerson, Hiram Bacon and
John L. Baratow, who severally testified to
Faulkner's good character in bis regiment.
J. Fbencb, recalled, and testified ts the maat
uretaest of distances from Faulkner' door to
Beach's bakery, Logan's, Ac. He also identi.
fed a large, round Mick, ef cord wood appar
ently, as the oee fcnad an the floor of Faulk
ner's room after tbe shooting.
W. 0. Stuw 2eq. argned the ease Jhr the
State as follows :
We reqsHse yoar honor to charge that ia
killiag by a deadly weapon malice afore
thought is implied, aad malice being shown the
otfeaee m murder ; to mitijrate such an offence
hot blood satnt beproven ander provocation, as
of a reorat btov. If in this case the gna was
fired under reasonable expectation of attack or
iajary aad a the only means ot neape the hom
icide saay be jastiftable. This offence can only
be reduced to mansrangbKr by proof that
Faalkaer bad received a revere blow and was
martins; therrnnder. Bat if we show that be
was ia bin hoase and Coaly at a distance, net
attacking tbe hoase at the time, the ofiVnee is
not reducible to manslaughter. We aak too to
charge that words aad threats woald not reduce
this offence to sssmsbutEhter nor ibe kicking of
tbe door, or throwing in of a small stick.
Abu to charge that the evi lence of Conly's pre
vious qoarrebome iieeertioB has nothing to do
with the case, Mr. Shaw cited aatuontie in
tapper! vf this positioB. Admitting that such
eviilence could be received, we ask yon to charge
that Faalkner knew noth.ng of Conly's dispo
sition, and therefore, could not have been in fear
of his life.
The Court here remarked that each evidence
was admissible as showing who begaa the affray
and the spirit in whicb it was carried onmnd the
character of each party, aa bearing en these
questions was of cqoal importance.
Mr. Shaw resumed :
Gentlemen of the Jury, this ia a J liferent ease
from the last one. There is no q oration here
who did the deed, but rather whether the re
spondent did it ander justifiable circasnstaacfa.
I sail yoar attention first to the law ; that tbe
taw pteeames malice in killing with deadly wea
pon. Ia this case Faalkner deliberately point
ed the gna aad fired, after having given threats
of snooting. It is, then, m order, naless den
ander provocation of blows; when so done, in
passion, it is manslaughter.
The defence will probably claim that tbe act
was done ia self-defence.
Mr. Shaw here cited authorities to shw
what is necessary to constitute a sccceniful
plea of self-defence. He must have exhaust
ed all moans of escape; a mere trespass on
lands or buildings does not justify the taking
of life, nor a rusbire np with sticks w'.en
the respondent was safe in his own bouse.
Mr. Shaw went on to recoont the evidence
tending to show that there was nothinr ia Con
ly's co ad Oct to joetify tbe taking of his life.
Our theory is that the whole affair was a
short one not a ncby one. Mrs. Dinain heard
no noise till just before tbe shot was fired. The
defence claim noise easdasson . throwinz of sticks
singing, threats, angry wards &c
M all swears it waa only ten or nileex. minutes
after the men passed till the gnn was fired.
Mrs. uinnin swears the streets were un usual
ly still It is impossible that the attention of
other witnesses should not have been callel, if
tbe asair was so long and. noisy as the children
If then Qanrk's story is true, yoa mast find
this man guiity of marder ; the only set of ast-
gression by Coaly, tbe kick upon tbe boase did
not justify it. Can it he believed that the little
boy after running across the street tbat dark
night could have seen anything farther? He
now tells quite a different story from that bt-
lure the Justice, lie then said it was so dark
he couldn't see when he ran across the street
There is no proof that Conly threw the niece of
plank, the boy could not have seen him raise it
to throw even; tbe little stick was not foonu till
afterwards, and may naturally and probably
have been brought b; seme one of the crowd
wbo came there presently. It hi shown that
there could not bate baen any such striking on
the door as to produce such marks as are spoken
oi; ami such marks not uncommon oa old build
ings. No one testifies as to aay blows on the
door; if there were any soch they mast have
been heard. The latch may well have been
bent by the kick which Coaly gate to the dcor,
and was an injury which didn't prevent the
shutting and locking of the door tbat night
Tbe only way you can reduce this offence to
manslaughter is by believing that a stick was
thrown ia previously and hit Faalkaer. Now
if thrown by a man in fall health and strength
would it have made only soeh slight marks as
are testified to on Faulkner's foeeT Quirk tes
tifies that it was thrown only jost as the gan
was fired.
You cannot find tbat it was reasonably nejes
sary for Faulkner to thrast oat and fire this
gun: be was safe in bis house, and no attempt
to enter his bouse is shown, or blow given ex
cept idc one kmc. n as nis lire in danger? did
he receive any injury while bis doer was shut?
He could have remained ia bis boose, it was not
necessary for bim to go out and attack Conly.
No such practice can be allowed to be justifia
ble in saeh case
Evidence as to character ' of little worth as
compared with that of witnesses on the spot
Conly might have been quarrelsome bat didn't
show much of it here, and a s disposition can
have no earing, unless h be 'shown tbat
I aulkner knew it and bad reason to fear, there
fore. I shall leave the mailer in nn, Kr.l.
confident that you, in jortiee, tempered with
that mercy due in every case, will bring in such
a verdi:t as you can justify to yourselves and to
your God.
Mr. Ballaeo's Abcctjext.
Mr. Ballard, for the defence, said :
Justifiable homicide is our theory cflhU case,
and we ask your honors to charge that homil
cide is justified to save one's life or prevent the
suffering of great boddy harm, or for protection
or one's family or property from felony; that
the respondent must be in:i-e r,r it,.
of the ease; that in a man's own premises he
is not obliged to Bee or retreat, but has a richt
and dntr to stand at the front door.
Mr. Ballard here cited authorities upon these
Gentlemen of the Jnrr ;r ii.. ..m, i.
anything. It shows that the one fault of this
respondent's life, if a fault at all . bV im.
ISS of this man Conly. The ccoi character of
Faulkner is boldly shown, both before and after I
, , -i .-t, (.uub i;,uiia
dnk and then always belligerent. Learning '
Mr R.n. 7 Ti i .
. ""lard proceeded to my jtigate Qairk's
SS Ph. showing that sven he testU ,
?. he Ccn'y were there at Faulkner's ,
without any right, aad ordered off; that Mrs. i
Faulkner and her little girl were frightened be,
cause they knew what sort cf a nan Conly wss
and that Qairk's testimony was contradicted by
Billy Faulkner and Mrf. Dinnin, and that
be contradicted himself. He claimed truthful
ness for the testimony of the ehiklrtn, and, re
citing the riicumstancts of the affair, claimed
that tbe attack on tbe door was proved; that
every one of the witnesses was frightened, and
with reason ; tbat Conly was in vain ordered and
begged to go away, and that Faulkner eoold
have done no less than he did, in self defence.
lie read from Blockstone on self defence, an I
nrged that Faulkner's life was Ian rally taken .
that tbe safety of tbe community deataitdrd that
ruffians should know tbat if tbey made attack
uton men's houses and persona it was at :h
risk of their bves.
lie claimed tbat if there were any joui ..
atiout the matter tbe prisoner is entitled tu tL
benefit ef them, aad to all tbe sympathy and
py of the jury.
Thw is net murder; never was marder comm t
ted when the murderer waited, for his victim t
make aaattaek thus upon him ;it not manslaugu
ter, but homicide, and that as justifiable as any
snob act ever could be. Consider, theref. rs,
gentlemen of tbe jury, this case carefully m. 1
well before yoa venture to decide ftcaiut -man.
All that 1 ask for him is that consiirri.
lion which his case deserTSs; and let your
diet be according to yoar oaths.
J. French, Esq., for the defenee, suln..!tti
to the Court twelve points, as fcllos :
The respondent regtsnts the Court tu jl.ar
thejary L Tbat in order to constitute the act of k..I.
ing in this case murder, the jury most find thv.
it was done with deliberate, premeditated n. ..
ice aforethought
II. That it was done with a formed des.gc :'
taking the life of tne iltiotaml and without
fictent provocation.
III. That it was done wilfully aad wi'.L.u:
snfficient provocation.
IV. That whether or not tbe act of killing in
this case was committed with malice aforethought
is a question of met tor the jury to be deter
mined from all the evidence in this ease.
V. That if the jury find that the respondent
without a previous intent or intentional prepar
atioa to kill Coaly was smacked by Coaly, anl
waa struck by him or hit by a stick thrown h
Cooly, and thereupon the respondent in the heat
of passion, took his gun and shot Conly, ;h.
jury should not convict the respondic: , :
The additional points, sevn in number, sl
mined by Mr. French, we are obliged, for w ,r.
of space, to omit. Mr. French further a: i
Gentlemen of tbe Jury ; If our idea is err. . ,
this man is net guilty of anything. He
not look like a murderer, he has been tr
to be a peaceable, saber snd quiet man, an i
no ocraatnn to commit crime.
Mr. French reviewed tbe testimony an l .
acteriaed Conly's conduct as simply Jaoji, ,
no way to be excused except by the pita .
he wa full ot beer and rnmnd fully just : :
Faulkner in snooting him
The quest loo it character is imperial.
Mr. Engleaby should kick at my door I tb ..
have no right to shoot; bat if Xuk Bniuel.
this murderer Lavigne should hate come, as
not justified in using snore stringent meisur,
than before .'Now that Faulkner knew lotn -character
is shown. He could not retreat, t .-
was no other door: and how long would any
jou wait after soch a blow in tbe face, t , :
getting year gun? This gun was already lua It-
aad its ase indicates nothing of "a heart l , i
of social duties and bent oa mischuf." I' r,'.
and Qairk retreated, it is said; yes, perLap- 1 .
feet, aad then Conly came back again. We v
that Faalkaer beaid him. looked out and i
him go to the wood pile and pica u:
tbis piece of plank to throw.acd shtt b.ni .n
act of throwing.
Mr. French compared Qairk's testimony w -that
of the boy and the girl. If these wit:.. -ses
told tbe troth. Quirk lied, and there was .
end ot his case.
. Tbe question whether the respondent h.
forfcited his life, cr done only what he cue
If yon think him guilty for this, his first a: .
last fault, yen most convict him; but whit -his
good character worth anything if not c
It is for yon to say, considering Conly's char
ter, whether Faalkner did anything wrong. I
hold that he has dooe exactly right, anf with a
verdict acconling to the tacts aad your oath
the rmamoaity will be exactly larisacd.
Ma. Eacusnr's AtwranraT.
After making a few points to be laid by the
judge before tbe jury. Ma. Ekousbt, for the
State, spoke as follows :
Gentlemen of the Jury, it seems to mv that
there has teea an attetapt to have this ease ie
cioeu upon sympathy ana not upon Etct 1 d. n. t
agree with the gsatlemes on the other side that
a man may be shot upon slight provocation. Hu
man life should not be c nsidered of little wrth
in this common itv,and you should shew by v ur
verdict that yon have no sympathy w.th the
contrary sentiment
The gentlemen on the other side attacked
Qairk, but endeavored in vain to impeach his
testimony. The evidence shows that be ar i
Conly went to Faulkner's on a peaceable erran f
aad made no special disturbance. A blow on
lbs door from such a fog as is produced wouli
have broken it in; nor eoold it have tailed tu
saake worse marks on Faulkner's face, if it
had hit him; while tbe stick we shew to have
been in Conly's bands, and thrown just as ihe
gun was fired.was adapted to make such marks.
There is no evidence that Faalkner was in danger
of his life or of great bodily harm: and to sav
that he had a right to kill another against whom
he had no hate, no reveage.no affray, is prepos
terous. And that his action was sufficiently Je
li berate is shown by Maggie's testimony that it
was ten minutes after the blow before her hither
fired.Faulkner knew nothing of Conly's character
for the latter had been in town but a tew lav
All the defendants can hope to rely on for jus't,
bcation is the interview that night at his bouse,
and there is nothing to show but that if Fau.j
ner bad staid ia k is bouse this affair uever wiu.J
have happened; the others had started once
go away, and no doubt would have gone, with
out farther disturbance.
Ths Coargi.
His Honor, Judge Pierpoint, then charged
the jury that to convict ot murder tbey must
be satisfied tbe respondent took life with ma
Lce alorettuutcht. wilfully, deliheratlc
intentionally, and of that fact the jury must
judge. A man is presumed to intend what
bis acts imply; and where there is nothing
to explain or extenuate the circumstances,
tbe law call such an act murder. It tin
defendant claims to justify his act, and the
evidence is socb as not to warrant a verin:
of murder, tne act may be manslaughter. . r
homicide justified by circumstances. If ,n
tbin esse the respondent shot Conly io t he
beat of passion caused by a blow from Conlv.
it finding him there and bidding bim go awav,
be was anrwrred hy the throwing in ot "a
stick; if after again bidding him go away
Ibe only answer is the throwing of another
billet ot wood, which hits and wounds bim.
if, then, under the feeling ot excitement, he
seizes bis luaded gun and shoots, the law
does not cull that murder. There is not that
degree of deliberation and intention necessa
ry to make out malice aforethought XI.
tbe provocation was not really sufficient, the
act may be diverted of tbat dejeree of intent
Deeessary to constitute it murder.
It m claimed lor tne rapoaoeai tbat the
cireumstaaoeK jiKstibtd tbe act ; that qu. -tion
is for you to decide. If you are satis
fied there wm not justification, yet are saiis
fied that tbe act was not murder ,yonr verdict
sbonldbe guilty of laawlaugbler , if y ju
are not satisfied tbat the act was even man-
ssau-nwr, your verdict should be not
Tke Judge then charged the jury in ac
cordance mth tbe 6th of Mr. French's
points, snying. This proposition is sound ;
every man has a right to defend and protect
himself, and to prevent an act which be he
lievcs is intended to do him great bodily
harm. He is not obliged to wait till tb
blow is struck. As to what constitutes good
and sufficient reason for soch belief, the case
must not be judged too strictly ; you must
remember that no time is allowed for care
ful deliberation, the man has to strike quick,
if at alL And the same right exists to pro
tect members of his family as to protect
himself; the same right also to defend his
nousc, even to the taking of life if it is as
sailed witb.iatcnt to break in and do injury
.u uiui ui m mo. nis nouse is his castle,
and he has a right to defend it from Hitside
" . . lo uc,cna " ,rom o"1'
. 5?mcr.n need not retreat from the thresh.
uiuu, uc wuat mat cnaracicr waa ; lor
it mi--ht be an imnortant fact as influencing
v ehl of the assailant, he would do
o one can but he so influenced, it is human
nature But if the defendant did not know
tbat character, it can have no weight, for
he conld not then hare been influenctS by it

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