Live in West Rutland; have been there 26 years; worked in the blacksmith  shop on the 21st of August last; (his account of the meeting in the shop in  the morning corroborated Dooley's); when Barney began to swing the sledge,  Paton began to work his hand in his pocket, and Barney ran; Patrick Madden  stopped Paton an instant in the door and Barney got quite a distance toward  his house; Carmody caught Paton and held him a minute; Paton's boy held onto  him a long while and worked him back into the alley near where the shooting  was; while the boy was holding him, the stones began to come at them pretty  quick and the boy let him go and snapped the pistol twice in the air; Paton  went off up toward his own house.  His account of the meeting in the shop at  ten o'clock agreed in the main with Dooley's.  He said Pat McCue came to the  shop and picked up a piece of iron eighteen inches long.  I told him to  leave it and he did; I could see Paton where he fired from the windows of  the shop; his account of the shooting was very graphic and agreed in the  main with the others, except that he said Paton fired at Pat McCue first,  who dodged behind a block of marble; and that Barney was stooping to pick up  a stone when he was shot, staggered and fell back; Pat Hanley picked him up  and carried him off. 

On the cross examination, being asked by Judge Dunton (my note: Judge Dunton  was the defense attorney, not the presiding judge) if he knew anything of  any trouble between Paton and McCue, he said that Saturday night before the  murder he saw Mike Shannon and one Garrity around his shop saying there was  someone they wanted to fight, but they gave no names.  (my note: by "his  shop" the witness seems to mean Pat McCue's saloon; other testimony refers  to Shannihan or Shanahan rather than Shannon and to McGarry rather than  Garrity.) The testimony was objected to by the prosecution, but was admitted  by the court on the assurance of the counsel for the defense that they  intended to show the connection of the McCues with these people.  If they  failed to show that, the testimony would have no weight.  The witness  continued: Heard them say they were ready to fight someone, but didn't call  any name; Barney McCue told them to go home; a team of Pat Hanley's came  along and took them home; Barney said he wanted them out of the way before  Paton came up from the quarry; I don't know that there had been any trouble  between Paton and the McCues; never heard Pat Hanley and Pat McCue threaten  Paton; didn't go to their shop much; couldn't afford it. 

Re-direct - At the first meeting early in the morning, stones were thrown at  Paton by Barney McCue and from the opposite direction at the same time;  Barney threw the first stones; McCue was not on his route to his work when  he was shot. 

Am brother of Barney McCue; at 8 o'clock on August 21st was at the depot at  West Rutland; met Paton there; he paused within three feet of me; I stopped  there two minutes; Thomas Welch  told me there was a row at the quarry; I  went up with Pat Hanley.  He told me there was trouble; went into the shop;  stayed half an hour; saw Joel Howe and Paton coming up; Howe (my note: Howe  is a deputy sheriff) met Barney McCue and read papers to him; Paton passed  close by then twice and then went to the brink of the quarry where Barney  McCue would have to go to his work; Barney went along in eight or ten  minutes to his work; Howe called him back and spoke to him and then he went  to his work again; I heard Paton's voice speaking in an angry manner and  saying Paton was going to lick him again; I started out on the run and saw  Paton shoot and turned to see who he fired at when Barney throw up his arms,  stagger and cry, "Oh, I'm shot"; then Paton turned and fired at me, the ball  passing through my hair, which was long then; I picked up a stone and threw  at Paton. 

Cross-examined - Was often at Paton's house; never gave Paton a blow in my  life; on the 15th of June I saw him give John McCue a blow in the head with  a stone; wasn't on "Rebel Hill" (my note: where Paton lived) on the night  the eighth of June at all; I never went into Paton's house to have a fuss  with him; never challenged him and never threatened to shoot him; was in  jail last summer and had a revolver; never threatened to shoot Paton, make  away with him, or kill him; didn't carry a pistol last summer; was fined for  firing off a pistol in the streets; kept a saloon (the witness refused to  state whether it was a drinking saloon); three shots were fired, two at  Barney and one at me; Barney was hit on the second shot; never knew that  Paton made a complaint against me for selling liquor; his boy had a fight  with a man named McGarry at the platform of my saloon; never threatened any  man because I thought he was favorable to Paton; I struck Mr. Young because  he called me a "Far-down" and a Paton man, after my brother was shot; he was  drunk, and I was sorry and told him so; Paton is a "Far-down" and I came  from the county of Roscommon. Patrick Hanley died about six weeks after the  shooting of Barney McCue.

saw the row in the shop early in the morning (corroborates other witnesses on this point), didn't see the second fight.

Am a quarryman; work for Sherman and Williams; the morning of August 21st,  at the quarry, Paton passed me and asked me if I wanted to see a crazy man,  for he was one; didn't know anything was going on in the blacksmith shop;  the first I saw was Barney McCue running by the dump cart, followed by John  Paton; they went north and I saw Paton draw a pistol and raise it and take  aim and drop it again; I saw McCue pick up stones and throw at Paton;  William Paton came up and then his father stopped; William threw at least  one stone at McCue; saw the son shoot off the pistol.  The witness gave no  new evidence about the shooting; lives in the same building with Paton;  heard Paton say Saturday evening that his son Edward had gone to Rutland and  bought a pistol and he would shoot some of the McCues; he mentioned Barney's  name in particular, but whether with the intention of shooting him, I  couldn't positively say; I didn't pay much attention because I didn't  suppose he would ever do it. 

Cross-examined - There was trouble on the hill where Paton lived (my note:  Rebel Hill) one evening; I couldn't say whether it was between Paton and  McCue or another man; Patrick McCue was there; I don't know what he was  doing there; I knew there was a little animosity between them; I know of no  one's hunting for Paton on the 18th of June; Paton did not say he was  getting a revolver to defend himself with; he said he was going to shoot  some of them; he did not qualify it; Paton and the McCues had always been  the best friends up to this trouble; what it was about I don't know. 

Work around Sherman and Williams quarry; saw Paton when Howe was reading a writ to McCue; (the witness told nothing new about the shooting); never heard Paton make any threats against the McCues but once when we were about our work; our foreman said Paton would lift more than any Connaught man he ever saw; Paton said if McCue had said anything he would have struck him. (my note:  Paton was apparently anticipating a jibe from McCue about Paton being a "Far-down" rather than a Connaught man)

Paton said to me the morning of the shooting, "Would you like to see a crazy  man?"  I saw Barney coming out of the blacksmith shop and Paton following  him, both running fast; I caught John and held him and told him to behave  himself and go home; Barney was up at Sheldon's quarry then; after he left  me Paton went up to McCue and McCue told him to drop the revolver and he  would fight him. (The rest of the witnesses' testimony agreed with the other  which has been given.) 

At the conclusion of Carmody's testimony, the court took a recess until nine  o'clock this morning. 

To be continued