Source list

Source reference H2747 :

Individuals : Walita NORCROSS
formerly Sister Mary Claire, Sisters of the Poor

Source reference N2748 :

Individuals : Frank William NOVAK
Find A Grave Memorial# 8835863

Source reference N2749 :

Individuals : Daniel NOYES
Burial: Revolutionary War Cemetery
Sudbury, Middlesex County, Massachusetts, USA
Find A Grave Memorial# 40359317

Source reference N2750 :

Individuals : Joseph NOYES
Find A Grave Memorial# 79859208

Source reference N2751 :

Individuals : Ella A. NUTT
Burial: Allegany Cemetery
Allegany, Cattaraugus County, New York, USA
Plot: Sec S4; Lot 32; Gr 2
Find A Grave Memorial# 119176823

Source reference N2752 :

Individuals : James NUTTING
Find A Grave Memorial# 62400280

Source reference N2753 :

Individuals : John E. OAKES
Burial: Houghton Cemetery
Stamford, Bennington County, Vermont, USA
Find A Grave Memorial# 32828578

Source reference N2754 :

Individuals : Nathaniel I. OAKES
Burial: Old Common Cemetery
Marlborough, Middlesex County, Massachusetts, USA
Find A Grave Memorial# 57021718

Source reference N2755 :

Individuals : Seth OAKES
Burial: Wiswell Cemetery
Townshend, Windham County, Vermont, USA
Find A Grave Memorial# 70178794

Source reference N2756 :

Individuals : Mary Sophronia OAKS
Burial: Southview Cemetery
North Adams, Berkshire County, Massachusetts, USA
Find A Grave Memorial# 61305210

Source reference N2757 :

Individuals : Merrick OAKS
Burial: Houghton Cemetery
Stamford, Bennington County, Vermont, USA
Find A Grave Memorial# 52766774

Source reference N2758 :

Individuals : Nancy OAKS
Burial: South Hill Cemetery
Readsboro, Bennington County, Vermont, USA
Find A Grave Memorial# 31657270

Source reference N2759 :

Individuals : Freddie O'BRIAN
Burial: Crosier Cemetery
Searsburg, Bennington County, Vermont, USA
Find A Grave Memorial# 76480811

Source reference N2760 :

Individuals : William O'BRIAN
Burial: Crosier Cemetery
Searsburg. Bennington County, Vermont, USA
Find A Grave Memorial# 76480815
Was a Justice of the Peace in Bennington County, Vt.in 1867
"Journal of the House of the State of Vermont"

Source reference H2761 :

Individuals : William O'BRIAN
EYE COLOR......... : Blue
HAIR COLOR........ : Brown
MILITARY SERVICE.. : Civil War
William O'Brien (the original spelling probably O'Brian) is listed as being born in Ogdensburg, NY. There have been no records found to verify this. It seems that this area of New York attracted many of the Irish because land was given to them for development purposes. Many Irish settlers came to this area.
William fought in the Civil War. Muster records show that he enlisted in Burlington, VT.on Sept. 15, 1862 and joined the Vermont Volunteers 2nd Regiment Company A. He was promoted to Corporal on Dec. 1, 1864 and to Sergeant on May 15, 1865. He was discharged by special order #154 and received a muster out pay of $39.98.
During the war he was wounded twice. First at the second battle of Fredericksburg on May 3, 1863 and 2nd on Aug. 21, 1864 in Charles Town, VA. (now West VA.). He had hospital leave from May to November in 1863 and from August to November in 1864. He recovered from his wounds in the hospital at Brattleboro, VT.
He fought under Major General John Sedgwick, Brigadier General Albion P. Howe, Col. Lewis A. Grant and Col. James H. Walbridge. According to accounts written by Albion Howe of the day May 3, 1863, the regiment first came upon Cemetery Hill in Fredericksburg without resistance. It was from this point that they proceeded to Mayre's Heights and encountered the enemy. It is assumed that this is where William O'Brien was wounded in the right thigh. The battle here against the Confederates was successful.
Death came early at the age of 48. His death certificate states that he was murdered. The account of his death is written in the July 21, 1881 edition of the Bennington Banner. His death was the result of a fight while racing his horse and wagon. He is buried in the Crosier Cemetery on Rt. 8 in Searsburg, VT.
[Frank Pulaski]
___________________________________
William O’Brian
1833-1881
Muster records show that William O’Brian enlisted in Burlington, VT. on Sept.
15, 1862 and joined the Vermont Volunteers 2nd Regiment Company A. He was
promoted to Corporal on Dec. 1, 1864 and to Sergeant on May 15, 1865. He was
discharged by special order #154 and received a muster out pay of $39.98.
During the Civil War he was wounded
twice; first at the second battle of Fredericksburg
on May 3, 1863 and 2nd on Aug. 21, 1864 in
Charles Town, VA. (now West VA.). He had
hospital leave from May to November in 1863 and
from August to November in 1864. He recovered
from his wounds in the hospital at Brattleboro, VT.
He fought under Major General John
Sedgwick, Brigadier General Albion P. Howe,
Col. Lewis A. Grant and Col. James H. Walbridge.
According to accounts written by Albion Howe of
the day May 3, 1863, the regiment first came upon
Cemetery Hill in Fredericksburg without
resistance. It was from this point that they
proceeded to Mayre's Heights and encountered the
enemy. It is assumed that this is where William
O'Brian was wounded in the right thigh. The battle
here against the Confederates was successful.
William O'Brian was born in Ogdensburg, NY on April 7, 1833. He
represented Searsburg in the State Legislature from X to X. He was involved in town
affairs. He died on July 19, 1881 in Bennington, VT. His name has been spelled both
O'Brian and O'Brien. The account of his death was written up in the July 21, 1881
edition of the Bennington Banner, Bennington, Vermont.
The Killing of Wm. O’Brien
(Copied from the Bennington Banner, Bennington, VT., July 21, 1881)
EXCITEMENT IN BENNINGTON---DETAILS OF THE FIGHT---THE POST MORTEM
EXAMINATION---ARREST OF THE MAN SUPPOSED TO HAVE DONE THE DEED---ETC.
Early on Tuesday morning it was known here that in some sort of a fight at the
west end of town Wm. O’Brien of Searsburgh had received injuries which had resulted
fatally. The unfortunate man died about 7 o’clock after a night of unconsciousness,
during which time he was well cared for at the Stark House. When his critical condition
was known a messenger was dispatched for his wife, the messenger leaving here about 11
p.m., and returning Mrs. O’Brien reached the death bed of her husband at 6 o’clock
Tuesday morning, a short time before death came. After the post mortem had been held,
the body was taken to Searsburgh for interment. Deceased was a man 48 years old and
leaves a wife and several children, the latter grown up to man’s estate. He had been a
prominent man in his town, had represented it in the Vermont Legislature, had held
various important town offices, first selectman, collector, etc., and was engaged in the
lumber business. He was a partner in this with Mr. S. F. Harris of this village. The
occasion of his visit to Hoosick Monday was on account of some lumber sold for George
W. Knapp, as an accommodation to the latter, after being refused the bill of lumber by
the other owners in the business. As we have the story the money for this lumber of
Knapp’s did not come and O’Brien and Knapp went down for it, O’Brien driving his own
team. They both had drank liquor before leaving Bennington in the morning, and they
chased John S. Lyman who had a spirited horse before a skeleton wagon half way to
North Bennington, and by their shouting almost caused his horse to run away. O’Brien
was driving a rather fast pair. What led to the fracas is best told by the substance of an
interview with Officer Robinson, who, with Knapp, went down to the scene on Tuesday
afternoon. They agree in saying that the exact location of the fracas is about four rods
west of the cider mill of Mr. Brimmer, on the Hoosick road, and in this town, O’Brien,
Knapp and Keefe had all been at Hoosick Falls, N. Y., but the two former had not met
Keefe there. Keefe came to Hoosick Corners by what is called the river road, he crossed
the long bridge and came on towards Bennington. O’Brien and Knapp came by what is
called the hill road, to the corners, stopping at Babcock’s Inn. They had something to
drink there took their team and started for home. Keefe was then ahead---out of the
Corners. O’Brien and Knapp came through Hoosick Village with their team on the run
and O’Brien was shouting. They drove up to Keefe who started his horse into a run.
Both teams, Keefe leading, overtook a young man named Sanford Rudd, who was riding
a colt. Rudd heard the others coming and tried to get out of the way, but the colt shied
into the road again. The thill of Keefe’s wagon struck Rudd’s colt, and then he [Keefe]
took his whip saying to Rudd: “Shall I strike him and put him out of the way for you?”
Rudd answered: “No, don’t you strike my horse. I’ll take care of him.” Rudd then let the
colt run to get away from the party, and turned into his father’s yard, who lives near the
John Armstrong place this side of Hoosick Corners. O’Brien run his team past Keefe at
the Percey place this side of Hoosick. Both teams were then on the run, and were kept on
the run until they came to the hill near Brimmer’s cider mill. Then Knapp’s hat blew off.
O’Brien stopped his team and Knapp went back after his hat. During this time Keefe
drove up alongside O’Brien’s team, and struck severely with a whip, one of O’Brien’s
horses. When Knapp rejoined O’Brien, the latter says: “This man,” referring to Keefe,
“has struck my horse, and I don’t allow any man to do it.” He then handed the lines to
Knapp, jumped out of the wagon, saying: “I’ll strike his horse,” and in striking Keefe’s
horse, broke the whip. O’Brien then says to Keefe: “I want you to pay for this whip. It
cost me one dollar and a half, and you are the cause of breaking it.” Keefe says: “I did
not break your whip, and I shan’t pay for it.” O’Brien then replied to Keefe: “If you
will get out of your wagon I’ll take the price of the whip out of your hide.” Keefe led his
horse back to the rear, some ten or fifteen feet, turning his horse around facing the west,
and drove away some six or eight rods. O’Brien turned as if to follow Keefe , and said:
“I’ll be d---d if I’ll follow up a coward to lick him,” then turning back walked towards his
own team a few feet. Turning around again O’Brien saw Keefe had turned around his
wagon and was again approaching. O’Brien then walked to the west some forty feet and
met Keefe. The latter stopped his team and got out of his wagon, took hold of O’Brien
by the coat collar and jerked him on to the ground. Knapp says he didn’t see Keefe kick
O’Brien, the first time, but from the appearance of O’Brien he must have been kicked in
the mouth and eye the first time. Knapp, who was with O’Brien’s team, told them to stop
their fighting and come on about their business. Keefe then let go of O’Brien, and the
latter got up. O’Brien then clinched into Keefe, and was thrown down by the latter, and
Knapp saw Keefe kick O’Brien the side, O’Brien calling out “George! George!” so loud
that Charles Brimmer, who lives twenty rods from the road, heard the outcry. Knapp
then calls back again saying not to kill the man. At this Keefe let go of O’Brien, entered
his buggy and drove toward Bennington. O’Brien then boarded his wagon and drove
along with Knapp towards Bennington. Although O’Brien was bleeding badly about the
face, he did not complain about being hurt in the side, until this side of the Hubbell place,
at the watering trough. There he said: “I have a terrible pain in my side, and am going to
drive to Dr. Morgan’s in Bennington as quick as I can. Morgan was not at home, so they
drove to Dr. Bennett’s who examined O’Brien and said there was one rib broken. After a
plaster had been applied (O’Brien went) to M. E. Burgess’s livery stable. In a short
time, while there, O’Brien’s side began to pain him greatly. Dr. Bennett was again
called, and administered an injection of morphine into O’Brien’s arm to quiet the pain.
Dr. Bennett then instructed Knapp to get O’Brien tot he hotel, and to bed as speedily as
possible, which was done about 10 o’clock, p. m. William H. Keefe was found at
Valentine’s mill at work and was arrested about 11 o’clock Tuesday. He made no
resistance. He was arraigned before Judge Thomas White, gave his age as twenty-six,
and the complaint of Town Grand Juror Meacham read to him. He did not plead, but was
placed in custody to await the justice inquiry, then in progress under the direction of the
Selectmen. The examination of Keefe was set for Wednesday at 2 p. m, but was
adjourned until that hour today. The Troy papers last evening contain this history of
Keefe:
EARLY AND LATER LIFE
Keefe was born in Cahoes, in that portion of the city bearing the euphonious
appellation of Skunks’ hollow. He is one of those anomalies of human nature, a
thoroughly bad offshoot of a respectable family. His escapades have been numerous, and
the police records of his native city show that he has been under arrest at least twelve
times, twice for larceny and the remainder for various offenses, principally for being
drunk and disorderly. He has never been imprisoned, as his fines have been paid by
friends; the last one, a fine of $50, being paid by subscription. He is a tall, muscular man,
six feet two inches high, and weighs about 175 pounds. Keefe always had an idea that on
account of his size and strength he would be a success as a fighter. It was about three
years ago that he had a prize fight on Van Schaick Island with the notorious “Curley”
Bowes. A large number witnessed the fight and Keefe was accorded “a fair show” but in
the end he was soundly thrashed by his smaller antagonist. To show the heartlessness
of the man it is only necessary to instance that about two years ago while on a spree
Keefe went to Schenectady and telegraphed to his wife that he had drowned himself.
Keefe has never done anything to support his wife and two children, although he might
have done so comfortably. Some of the old members of the Cahoes police force, when
told of the crime that Keefe had committed, remarked that they had always expected it, as
they considered him a very dangerous man when under the influence of liquor. The
family of Keefe feel the situation keenly, although they hope that it will be shown that the
plea of self defense is a good one.
There is a story of the arrest of John Healy of North Bennington, by the New
York authorities for being accessory, but there is a mistake of some sort about this--all
our information tending to corroborate the account above given. Before the inquiry was
begun Doctors Morgan, Bennett and Potter made an examination of the body of O’Brien.
POST MORTEM
Found that the tenth and eleventh ribs were broken entirely off near the middle
of the cerroe, about 4 1/2 inches from the spine on a straight line, 6 1/2 inches on a curve,
(long piece 6 1/2 inches, the short one 3 inches), left lung congested extending through
both lobes. The lower lobe of the left lung was lacerated near the base, about even with
the tenth rib. There was a blood-clot in the left ventricle of the heart; contused wound at
lower point of sternum. There was a contusion of the lips and laceration of the alveolar
process. There was a contused wound over the left eye and on the left side of the nose.
Left eye and lips completely discolored, and there was a slight-discoloration under the
right eye. The examination develops nothing new . From the testimony of M. E. Burgess
is gathered what O,Brien said of the affair. We copy a part:
WHAT O’BRIEN SAID
He said, I wish you would take care of that team. I asked what is the matter with
Bill. He said, the d--m fool, has been down to Hoosick, got into a fight, and got all
knocked to pieces. O’Brien walked in the barn alone. As he walked upon the platform
he said , “How are you Merritt?” and he put out his right hand and shook hands with me.
I said, “Hello, Bill, are you getting your name up as a fighter?” He said, “Yes, but I got
the lower bunk in the office. He was halloing nearly every breath he drew, saying:
“Why don’t you do something for me? I am in a good deal of pain.” I then spoke to one
of my men and told him to go after Dr. Bennett, and give him something to ease him.
Some one said that they had sent after Dr. Bennett. You could hear him hallo ten rods
easy. Dr. Bennett came, and O’Brien said what have you been doing to me. I am in such
awful pain; you had better give me something to ease me. The doctor took hold and felt
of his pulse, and said have you been spitting any blood? No. I have not been spitting any
blood, said O’Brien. The doctor called for a teaspoon, a cup and some water. Then
followed the injection of morphine. The money affairs are thought to be all right not
withstanding stories to the contrary. It is known that of the amount of the bill of Knapp’s
lumber sold to one Allen, a balance of $138, was collected by O’Brien on Monday on the
trip. Mrs. O’Brien was paid this amount by Knapp after the death of O’Brien. Mrs.
O’Brien is the daughter of David Crosier of Searsburgh , one of the most prominent men
the town has ever known. Keefe has a wife and two small children. O’Brien is not what
is called a drunkard, but of late has had an occasional spree. Probably all three were
intoxicated and the whole affair is one of the most suggestive temperance lessons this
town has had for some time. O’Brien and Keefe were strangers and never saw each other
before. The inquiry will probably be concluded this evening. The examination of Keefe
was postponed again until tomorrow morning. The funeral of Mr. O’Brien was held from
his late home in Searsburgh yesterday afternoon, a large concourse of his friends and
neighbors attending, and which shows the respect and esteem in which he was held in the
neighborhood which he lived. Keefe retains a discreet reticence since his arrest. Before
the arrest and before he knew of the probable results of the row, he talked freely with his
fellow operatives in the mill and said that he had “been in a row the day before, and had
to lick a man, and had done it harder than he meant to, “ and other words to the same
effect. We understand that the story of Keefe told did not differ materially from that of
the other parties, but of course these admissions will not count in evidence. To show our
people how the matter is looked at in the State of New York we copy these remarks of the
Troy Press upon one point: “There is a disposition among some people at Bennington to
treat the matter as merely a drunken row and that O’Brien was the aggressor. Even if he
had been it would not justify such brutal treatment. But Keefe admits he got out to fight
O’Brien because O’Brien challenged him. That of course destroys the plea of selfdefense,
according to Judge Wheeler is, that permission is not given to continue to pound
after the assailant is overpowered. That the one assailed must desist at a point when
danger ceases. Applied to this case, the kick which broke the ribs of O’Brien was not
given when the body was in an upright position but when down, because the post mortem
showed the bone broken squarely off, not slantingly as must have been the case if
O’Brien was standing or stopping.
Bennington Banner - Jan. 12, 1882
Trial of William H. Keefe charged with the murder of William
O’Brien
State vs. William H. Keefe was called and the following jury was empanelled,
with very little delay: J.E. McNaughton, Barnumville; E.V. Chase, So. Shaftsbury;
Josiah Bennett, Pownal; Samuel Griggs, Stamford; Julius Hill, Sunderland; Elisha L.
Hamilton; Sungate; Robert McKee, West Arlington; John F. Sheldon, Rupert; H.G. Buck,
Arlington; Merritt Gardner, Pownal; E.W. Barrows, Dorset; Seth W. Munroe, So.
Shaftsbury.
In this case the State’s attorney is assisted by Hons. Loveland Munson and J.K.
Batchelder; the respondent is defended by Messrs. H.A. Haumon, Joseph Martin and
Hon. J.L. Martin, Speaker of the House of Representatives. The prosecution stated in
opening that they should know that, on the 18th day of July last, Keeffe hired a livery
team to go to Hoosick Falls, N.Y., and that on the same day Wm. O’Brien of Searsburg
and Geo. W. Knapp of Woodford started from home, via Bennington, to go to the same
place on business; that both teams came together upon the homeward bound route, and
when east of Hoosick Corners Keeffe and the others ran their horses; and that when this
side of Vermont and the New York state line an altercation ensued, when O’Brien
received injuries resulting in his death the next morning.
The first witness was called. Geo. W. Knapp sworn, resides in Woodford, and
lived there during last July. Saw William O’Brien the day and morning of July 18th last.
At about 6:30 on that morning he came to see me, he drove his own team a pair of horses,
and had an open wagon. We left my home together, and went to Mr. Allen’s. We
stopped at the Centennial House and from there went from Bennington to North
Bennington. I did not drink at Centennial House; don’t know whether O’Brien drank or
not. Went from North Bennington to Jesse Allen’s 2 ½ miles from that village, near State
Line on business. Arrived there about 8:30 and stayed until after dinner; did not drink -
went from there to Hoosick Falls, and stopped at a hotel there, don’t know the name of
the house. I drank whiskey and so did O’Brien after we reached there, about 3 o’clock in
the afternoon. I drank a glass of lager beer and so did O’Brien, then we went to Wood’s
Works and I got some iron for mowing machines. Went there to see a Mr. Russell in
T.&B. Yard. Drank at a hotel near the yard; I drank whiskey but don’t know what
O’Brien drank. We then got our team and started for home. Did not drink again. We
stopped at Nelson Babcock’s I noticed that O’Brien was “pretty full” and very noisy,
shouted to his horses etc. He raced horses with a man on horseback. He turned off at
Sanford Rudd’s. I did not consider myself the worse for liquor. From there we drove
along at a moderate gait until we reached the Toll Gate House and then we encountered
this Mr. Keeffe and raced with him. I lost my hat at the cider mill near State Line and got
out to go back after it. Keeffe’s team ten or twelve feet behind O’Brien’s team. I went to
get into O’Brien’s team when O’Brien spoke up loud enough so that Keeffe could have
heard him: ‘that son of a b---- struck my horse and I am going to get out,” and did so,
went back and struck Keeffe’s horse on the head and broke his whip. O’Brien then
demanded pay of Keeffe for his whip. Keeffe turned his horse towards Hoosick and
drove off five or six rods. O’Brien said he would not follow a coward to lick him.
Keeffe then turned around and came towards Bennington and O’Brien went and met him;
when Keeffe started to turn around again O’Brien met him and demanded pay for his
whip again; Keeffe said he would not pay for the whip and that O’Brien must keep away
from him. O’Brien went at Keeffe with whip and Keeffe snatched him to the ground.
O’Brien got up again and then Keeffe struck him and knocked him down and kicked him.
O’Brien called to me “Oh! George,” one or two times after being knocked down the
second time and then he got into the wagon bleeding at the mouth. His beard was
covered with blood. We drove one or two miles and then O’Brien began to complain of
his side. When we reached the watering trough at Tibbits’s place he got out and washed
his face; and said his side pained him so that he could hardly get back into the wagon.
We ran the horses all the way home to Bennington from there, drove to Burgess’s Stable
and inquired for Dr. Morgan. Dr. Morgan was not at home and went to see Dr. Bennett.
Dr. Bennett said rib was broken and he would put a plastic on. O’Brien complained of
pain in left side; walked from Dr. Bennett’s back to stable and layed down on a bunk, and
Dr. Bennett was attending him. After we came down from Dr. Bennett’s I went down to
Putman’s griss mill. After I got back to Burgess’s livery stable, Dr. Bennett said I had
better get him a bed and I did so at the stark House. Dr. Bennett gave him a powder.
O’Brien raised up in the bunk and gave me his pocket book and said he was going to die.
He walked to end of lane and complained of being faint; stopped to rest. Then went
across the street to the barber shop. From that point he went to the Stark House and I
helped him to bed. He undressed himself. I asked him how he felt after he got into bed
and as he did not answer me, I supposed he had gone to sleep. I then went out and was
gone sometime. When I returned I found a crowd in his room and Doctors Morgan and
Bennett were there with batteries. O’Brien died about 7:30 o’clock the next morning.
Mrs. O’Brien got there before he died. When he went upstairs I had to help him a good
deal. Did not see O’Brien strike Keefe. Went next morning to scene of affray with John
Robinson, and showed him the place. The cross examination shows that they had
breakfast before leaving home that morning; that O’Brien live about seven miles from
Knapp’s house; that they had made arrangements to go together that day to see about a
bill of lumber; that when they reached Centennial House, O’Brien had driven about 15
miles; that when on road to North Bennington John Lyman passed them with a trotter at a
wide place in the road; that O'Brien run his horses when Lyman passed them; that
Lyman's horse was mettlesome and he appeared to have some trouble in holding him;
that O'Brien there ran his horses about 1-1/2 miles; drove the rest of the way moderately;
that they stopped in North Bennington two or three minutes, Knapp went in and got a
cigar and he didn't know what O'Brien got; that when at the lumber yard in Hoosick Falls
Russell came out and asked Knapp to drink; and he declined; that they stayed there two
hours, and both drank two times; that it is about six miles from Hoosick Falls to where
they first saw Keeffe; they did not drink anywhere between Hoosick Corners and where
Knapp overtook them; that the first time Knapp saw Keeffe he was about six feet behind
them and ready to pass; that O'Brien would run his team about 10 rods, and then holding
up Keeffe would attempt to pass, and this he did for six or eight times, O'Brien
"hollering" for Keefe to come on; O'Brien used insulting language, but Keefe said
nothing; that Knapp heard no noise while he was back the ten or twelve rods after his hat;
that when he passed Keeffe's wagon after it Keeffe said nothing; that the teams were
pretty well nerved up but nothing unusual; that Keeffe said nothing until O'Brien struck
his horse with a whip; [Here follows account of affray as on direct]; that Keefe had on a
coat; that he knows nothing of coat being found in wagon; that Knapp did not see
O’Brien strike Keeffe at all; that Keeffe struck O’Brien first blow, but that O’Brien had
been swinging his whip in violent and threatening manner; did not see Keeffe strike
O’Brien while he was down; that Keeffe got on him and turned him over, and when
Knapp told him to let him up, Keeffe got off O’Brien; that O’Brien persisted in getting
pay for whip; that when Keeffe knocked O’Brien down he had nothing in his hands,
“neither club, or stick, or stone;” that Knapp did not see Keeffe kick O’Brien but once;
that when O’Brien got up and went to his wagon, Keeffe went and got into his own
wagon too; that when O’Brien was at Dr. Bennett’s he sat in a chair and appeared alright;
that when the doctor was examining him he complained of being faint and ammonia was
held to his nose; that Dr. Bennett gave him an injection of morphine at the livery stable;
that O’Brien was in bed thirty minutes after that.
Frank Barber was the next witness. He corroborates Knapp as to there being an
affray, the passing to and fro of the teams as stated, and saw the same from a distance.
Heard the cry of “Oh! George” and saw a man standing over someone down in the road
and appeared to be kicking him and striking him. This witness worked for Charles
Brimmer and was 25 or 30 rods away. He says the man who was knocked down was
small, while the one who struck was quite large. He called Mr. Brimmer’s attention to
the affray. Tuesday morning, landlord Green of the Stark House, testified. He
corroborated Knapp in his version of O’Brien’s coming to that house, his going up stairs,
undressing himself with assistance and going to bed. Doctor R.W. Bennett gave his
evidence as to his treatment of O’Brien’s broken ribs at his house on that evening; of his
administering hypodermically, 1/2 grain of morphine, did not weigh it, when he saw him
again while O’Brien lay in the bunk in Burgess’s livery stable; of his going with Dr.
E.N.S. Morgan to again attend him at the Stark House about eight o’clock and the
treatment O’Brien there received. A long and exhaustive cross-examination followed,
the import of which outlined one of the main things relied upon by the defense, that is, to
show that O’Brien came to his death by reason of the morphine. Dr. Potter was the next
witness. He was present at the autopsy held upon the body of O’Brien about noon of July
19th, last, and kept the minutes of that post-mortem examination. He had them with him.
Those minutes showed that the tenth and the eleventh ribs were broken entirely off near
the middle of the cerroe, about 4 ½ inches from the spine on a straight line, 6 ½ inches
on the curve (long piece 6 ½ inches, the short one 3 inches). Left lung was congested
extending through both lobes. The lower lobe of the left lung was lacerated near its base,
about even with the tenth rib. There was a blood clot in the left ventrical of the heart;
cont6used wound at lower point of sternum. There was a contusion of the lips and
laceration of the alveolar process. There was a contused wound over the left eye and on
the left side of the nose. Left eye and lips were completely discolored, and there was a
slight discoloration under the right eye. Dr. Potter thought that death was the result of
shock, but the cause so quick was a mystery - the mystery he defined to be something
back of these wounds, unknown to him. Dr. E.N.S. Morgan gave his evidence in the
afternoon. He has been a practicing physician 33 years, and saw Dr. Bennett on July 18th,
last, and went with him to attend O’Brien at the Stark House. Bennett said that O’Brien
had had a fracas and had a broken rib. Witness stayed with O’Brien from eight until ten
o’clock and then did not see him again until the next morning. Understood that Dr.
Bennett had administered hypodermically from 1/8 to 1/2 grain of morphine. They found
O’Brien in bed, lying partially on his right side, and perfectly unconscious. They applied
a galvanic battery and other remedies to restore respiration. O’Brien had no respiration.
This is usually one condition of opium poison - observed his respiration several times
and examined his eye balls - they were contracted. Was present at autopsy next day;
conducted it with Drs. Bennett and Potter. No examination was made of the brain as the
external injuries were not enough to warrant it - should do so on another occasion.
Witness should judge that O’Brien died from three things, the injury, the alcohol and the
morphine combined. The injury to the lung could have been produced by one pressure or
one kick. Lung could not have been punctured by treatment of restoring respiration by
mechanical means, the raising of right arm would have had a tendency to throw the
broken rib out instead of inward. He should consider these wounds fatal in themselves,
such wounds are dangerous and often fatal. The adhesive strap used by Dr. Bennett in
dressing O’Brien’s broken ribs is according to latest text books, but witness uses bandage
in common with many other physicians - both ways are considered regular. Braithwait’s
Retrospect, used in asking questions here, is good authority, as a review of all the best
medical writers for each six months previous to their issue. Attempts having been made
to show that a careless overdose of morphine had been given O’Brien, this witness was
asked as to whether it was the usual practice of dealing out morphine under like
circumstances, and the reply was; “yes, so far as I know;” this was his own practice; not
to weigh out powders. There are different degrees of susceptibility to morphine in
persons; there is nothing by which a physician can tell whether a stranger is easily
affected or not. The physician usually gives from 1/8 to ½ grain and watches the result;
He thought the administration of morphine under the circumstances, both justifiable and
proper. Under cross-examination, Dr. Morgan, defined 1/8 to ½ grain of morphine to
mean a stomach dose. Applied hypodermically a similar quantity would ordinarily be
used first. He treated O’Brien to strengthen heart’s action, which was similar to way it
would have been if patient was suffering from narcotic poison; contracted eyeballs were
symptoms of narcotic poison, an opposite effect would result from narcotic poison.
O’Brien’s broken ribs were produced and put into this case. John Robinson went to the
scene of affray the next day with Knapp; he, also, visited it Aug. 3d, and from the
location made by Knapp, Brimmer and Barber, he measured distances. Keeffe’s and
O’Brien’s teams as thus located were eleven feet apart during the fight or fracas;
Brimmer and his hired man were 475 feet away and distance to State Line is 365 feet as
near as he could ascertain. There was a tanzy bed trodden down, in one place, which was
pointed out to him as to the place of affray. Here the State rested.
Defense placed Dr. Middleton Goldsmith upon the stand. He had heard the
testimony of the three preceding physicians, had heard them describe the symptoms, the
mode of treatment, what the autopsy revealed, and his opinion was that O’Brien’s death
was caused by either narcotic poison or apoplexy; that his reasons for not thinking it to be
the latter, was that apoplexy was immediate in its effects; that O’Brien did not in his
opinion come to his death by shock; that the autopsy of the brain, which was not taken,
would have settled the apoplexy, that his opinion inclines toward narcotic poison because
the effects come in gradually, as described in this case; he judges also by pupils of the
eye - apoplexy dilates, but does not affect both alike; When the blood is poured out the
pupils will contract in apoplexy. Doubt is thrown upon this case by reason of absence of
autopsy of the brain. Witness is of opinion is that O’Brien’s injury did not result in death
because he did not die as people thus injured do die; that according to this autopsy, there
are four reasons why the injury did not kill him, these four points are each independent of
the other, but the absence of all four is the basis of his opinion. Witness enlarged the
length upon the four points , which were (1) O’Brien did not spit blood, as he would have
done if laceration of the lung was cause of his symptoms; (2) he did not bloat up, as he
would if air escaped from punctured lung by reason of such injury; (3) he did not have
hemorrhage, either outwardly or inwardly; (4) he did not have prolapsus of the lung -
absence of these is basis of opinion that injury did not cause death. Lungs not bleeding
would be uncommon. In O’Brien’s case if his lung was lacerated at time of affray; lung
was punctured, in my opinion, after blow was struck. Witness inclines to that opinion but
does not state certainty. He should say that Dr. Morgan was a "man whose judgement is
to be held in high esteem," and he should, also say that the treatment of O'Brien was
"perfectly proper." Had witness been called upon to relieve pain in a stranger he should
have given a larger dose than average. Average is 1/4 grain; hypodermically 7 drops of a
given preperation; Dr. Goldsmith never gives morphine by guess, but shouldn't go a great
ways after scales in an emergency. Narcotic poison is immediate in its effects - from 3 to
48 hours - while that resulting from injury, such as is described, if it came at all, would be
more remote. Patrick Cunningham is boy employed at stables, and was there when
Knapp and O'Brien drove up. Judge White was justice who conducted judicial inquiry
and produced and identified clothes worn by Keeffe at time of arrest.
The expert testimony was continued today, after Merritt Burgess had described
what he saw of Knapp and O'Brien on the evening in question, and which was quite
fully reported in the Banner of July 21, 1881. The arguments on the law points in the
case were heard on behalf of the State. Hon. J.K. Batchelder speaking this morning.
After the noon recess reply was made by Hon. J.L. Martin on behalf of the defense. The
arguments are now being heard and will continue in the following order; State's
Attorney Fenn, will open before the jury; Joseph Martin, Esq., will follow; Hon. Jas. L.
Martin will close for the defense and Hon. Loveland Munson will make the final
argument for the prosecution. These arguments will probably take the time of the Court
until tomorrow afternoon.
Bennington Banner - Jan. 19, 1882

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