Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1873-09-26


of tho highway. The plain
tins claimed that while Mrs. b. was driv-
ing on the highway towards her home she
was thrown from her sleigh and pitched
over bridge into Green River. How the
accident occurred the testimony does not
clearly disclose. 1t appears, however, that
as soon as Mrs. ID. ascertained where she
was and what had occurred, she at once re-
leased her horse, which had become cntan-
glod in the bushes, and succeeded in getting
him up the bank and finally to her home,
leaving the sleigh by the bridge. The de-
PENDANT claimed that the accident could not
have occurred as Mrs. b. said, and that the
horse could not have gone down the bank
that 1t is scheme on the part of the plain
tins to swindle and defraud the town, and
that the injuries claimed TO have been re-
ceived by Mrs. b. are fcigncd. c. b. Ed
dy and X. Haskirs for pln., G.. w. and G.
n. Davenport for town. The jury disa-
greed.
state as. fumes CrosiCr.-The grand jury
found an indictment for manslaughter
against Crosier for discharging shot gun
at his son-in-law, VIM. Smith, on the eve
ming of July 4th, 1873, thereby causing his
death. Tuesday afternoon jury were i'm
panelled and the trial of this case COM
menced. The testimony on part of the
State tended TO show that the respondent and
Smith returned from Green River to the
home of said Crosier about nine O'Clock on
the evening of July 4th, and that both were
somewhat intoxicated that after they had
entered the house some conversation arose
between Smith and his wife in regard TO
what had been provided for their supper,
and some harsh language was used by
Smith towards his wife. This Alteration
terminated by Smiths hurting cat al his
wife, who was reclining on the bed at the
time. The cat hit Mrs. Smith on the head,
and she Immediately arose for the purpose,
rs she testified, of nsccrtaining whether the
cat was seriously injured. At this june
ture the respondent demonstrated with
Smith for his conduct and abusive lam
guage, whereupon Smith made violent
attack upon him, throwing him TO the floor,
beating and bruising him, and finally drag
ged and hurled him from the house, under
a wagon that was standing near, thereby
injurng one of respondents arms. 1t also
appeared in evidence that Smith followed
him to the wagon and repeatedly dashed
his head upon the ground until he begged
for his life. The evidence showed that just
before the assault commenced, Mrs. Smith
left the house, passing to the garden WALL
where she remained until after the shoot
ing occurred. The struggle in and about
the house aroused the two youngest daugh-
tiers of the respondent, who were sleeping
in room adjoining that where the assault
circumstances would permit, proceeded to
the kitchen and found Smith, who had de-
sisted from the assault, sittin in chair,
and her father sitting near. 1t appeared
from her testimony that she remained sit
ting near Smith, in the room, until she
heard the report and saw the flash of the
gun, but she was unable to state or remem-
Der anything that occurred Just before the
gun was fred. She testified that the last
she remembered was that Smith and her
father were sitting near the stove, and that
there must have been an interval of time
between that and the report of the gun
which she cannot recall. 1t appeared that
while they were sitting in the room, the
wife of the respondent came in and re-
moved the lamp from the room. Evidence
was introduced in behalf of the State, show
ing that Smith received about forty shot in
his breast, which, Immediately caused his
death. The number of shot was estimated
by the witnesses from the appearance of
the wound, no post norton examination
having been made. Testimony was also
introduced in regard to some statements
made by the respondent soon after the
shooting occurred such as "Smith was a
good boy and I am sorry l killed him
81 would not have shot him if had not
been afraid that he would kill NET hit
him right where | meant to- or "wherc
aimed'-"I will kill any person who lays
hands upon me-" One witness testified
that nearly two years previous to this the
respondent had threatened to kill Smith if
he ever laid hands upon him again. The
youngest daughter, eleven years old, was
called as witness by the respondents
counsel and testified that she arose shortly
after her sister had left the sleeping room,
which they occupied together, and passed
directly through the Kitchen and went out
side the house; that she saw her sister, fa-
ther and Smith sitting near the stove as
she passed through that she first went to
window near the outside door, but very
soon took a position on the door stone di-
rectly in front of the open door, whele she
could readily perceive what was going on
within that she had remained here but a
few minutes when she heard Smith using
prolane language and saw him menacing
her father with his fists; that while Smith
was doing this he came to the door and then
. started towards her father; that he had on
ly proceeded few steps in this direction
when her father fired; that Smith groaned
and said, "You have killed me-" and pass
ed out of the door, but fell upon the ground
after taking n few steps and expired. The
respondent testified in regard TO the violence
of the assault, and that after he returned to
the house Smith again menaced him; that
his gun was suspended from tho wall with
in few feet of him, and that when Smith
advanced the second time he seized the gun
and fired, because he was fearful of losing
his life. The respondent denied that lie
had ever threatened TO kill Smith, or that
he said "he hit him where he meant to-"
but would not admit that he had used any
liquor that day, declining to testify on this
point. Respondents counsel introduced q
number of witnesses who testified that
Smith was violent, quarrelsome man, and
especially so when under the influence Of
liquor, and that his general reputation in
all that vicinity was that of n quarrelsome,
dangerous man. Counsel offered 10 show
specified instances where Smith had made
dangerous and brutal assaults upon Other
persons, and that these instances were