John Burrill had left Mapleton the evening before at an early hour, not later than eight o'clock. Witness had seen little of him during the day. Deceased was in a state of semi-intoxication when last he saw him. That was at six o'clock, or near that time. No, he did not know the destination of deceased. They seldom went out together. Did not know if Burrill had any enemies. Was not much in his confidence.
Upon being questioned closer, he displays some unwillingness to answer, but finally admits that he has heard Burrill speak in bitter terms of Doctor Heath, seeming to know something concerning the doctor's past life that he, Heath, wished to conceal.
What was the nature of the knowledge?
That he cannot tell.
Jasper Lamotte is called. He has been absent from home, and can throw no light upon the subject.
The two masons, one after the other, testify; their statements do not vary.
They were returning home, having turned back from their day's labor, because of the rain. When they came near the old cellar, the barking of a dog attracted their attention. It came from the cellar, and one of them, curious to see what the dog had hunted down, went to look. The dog was tugging at what appeared to be a human foot. He called his companion, and then leaped down into the cellar, and tried to drive the dog from what he now feared was a half buried human being. The other man called for help, and, seeing O'Meara, shouted to him to tell Heath to come and call off his dog.
They tell it all. How Doctor Heath came and mastered the dog, after a hard struggle; how the face of the dead was uncovered, and how Doctor Heath had snatched at the white thing they had taken from off it, scrutinized it for a moment, and then flung it from him. They repeat his words to Mr. O'Meara with telling effect; and then they stand aside.
Doctor Heath is sworn. He has nothing to say that has not been said. He knows nothing of the murdered man, save that once he had knocked him down for beating a woman, and once for insulting himself.
Had he ever threatened deceased? He believed that he had on the occasion last mentioned. What was the precise language used? That he could not recall.