The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1877-11-23

lipi'S@'r Suu very ntie. NeCfOsS
Did not think he asked Smith what he
could afford TO give.
DIR. kidder recalled: Carried box
of what was supposed TO be arsenic,
and the remaining portion of bismutl
powders we had prescribed, 10 Profcs.
sor Collier; received box aud powder,
of Mr.. Burroughs.
l.. A. Drew, sheriff of Chittenden
county. testified that he arrested Smith
and Mrs. Champlin the 10th of October
in Peck block in Burlington: had an
interview with Smith in regard to see
ing Professor Collier. He identified
letters produced, which were passed
through crack to Burroughs by
Smith, while they were in the jail
The letters were as follows:
MARY keep up good courage I think can buy
on Mr. Collyer shall try hard.
EznAP
Burlington VI oct 10 1871
Sir II you will stop the analysis of my wife.
hoddy will pay you $4,000 as We talked
Yours Truly
Cross-examincd: lie found ont very
soon after the arrest what was Bur.
rough's connection with the case.
Trip, Chapman, Gorham and Love
were in Burlington that evening. Did
not learn that il was n part of Bur
roughs' plan to get Smith to sec Prof.
Collier, but he knew Burroughs was
acting as detective while they were in
Jail; was between the cells where
Smith and Burroughs were 10 hear the
conversation. Burroughs did not say
he wanted TO go 10 see Prof. Collier,
but took him there with Smith on his
own notion. because he wanted TO keen
them together; first saw the letters
whcn burroughs handed them to him
did not know they were passed through
between the cells; heard Smith ask
Burroughs, before the letters were pas
sed through, where he could get some
paper, and Burroughs told him 10 ask
for il. The house where they were
arrested, he supposed. was occupied bv
Il family; Burroughs was turned over
to him that night at the iai after Smith
was arrestcd thought Tripp arrested
Burroughs; his legs were shacklcd; his
impression was that il was not bona
fidc arrest should not have dared TO let
him 60, for he might have been mistak-
en-. On redirect, he said he was sitting
at breakfas. between Smith and Bur-
roughs, when Smith asked if he could
sec Prof. Collier; knew writing MATER
ial was furnished TO Smith in the Jail.
The question was then asked whether
in the Jail Mr.. Drew heard Smith say
anything about Mrs. Champlin, and an
ticipating what answer would be given,
counsel for the defense objected to the
introduction of evidence to show that
there was criminal intercourse between
Smith and Mrs. Champln after the
death of Mrs. Smith Such evidence,
Mr.. Ballard claimed, would not show
that they are guilty of murder. Such
| evidence, he said, would be spicy as
scandal, but is good for nothing as
bearing on the question of the crime
with which tho parties are charged.
Mr.. Woodbridge, for the prosecution,
said when the states attorney made
his opening argument, the court will
remember that it was intended to show
that fora long period of time there had
been criminal intimacy between the
respondents. 1t is proper in all cases
to show what inducement might have
led to the crime. Here are two persons
charged with numbering Mrs. Smith,
and evidence showing whether there
were relations between them to show
reasonable inducements to the crime.
The evidence to be introduced does
show strong inducement to this crime.
lfthc State makes it appear that thew
were criminally intimate, il is a strong
point in liking upon them the crime.
MIR. Stewart, for the prosecution, said
Mr.. Ballard forgcts the very essence OF
this case. A man and n woman arc
charged with crime. The motive lies on
the very surface. 1t was their Illicit in
terconrsc. This is not an adequate mo-
tive, for no motive could be adequate
but this motive is the strongest that
could operate upon poor human nature.
Ii is the old story, of infatuatiOn for an
other mans wife. This unhov motive
is the strongest TO the commission of
this crime, if any crime was committed.
Any evidence To establish the relations
of the parties is part of the case. II
is impossible to cut this history in the
middle and not show what relation has
subsistcd between the parties from the
commencement down to the time of
their arrest. II would be subverting
the cause for which these tribunals were
established not to admit evidence show
ing the relation of these parties.
Mr.. Hard. for the defense, said the
counsel for the prosecution had come as
near To stating the law rs possible, and
not state it. II is important TO seek the
motive which led to the commission of
the suspected crime. In this case, if
Mrs. Smiths life has been feloniouslv
taken, there must have been motive.
and il is competent for tho State TO show
a strong regard for each other between
these parties. as n motive for their wish
ing to get Mrs. Smith out of the way.
as, for instance, that they wished to be
married. But it is not evidence that
improper intimacy existed between
them before Mrs. Smiths death, that
they were found in suspicious circum-
stances after her death. Let them show
for the purpose of indicating a motive
that there was intimacy previous to her
death, but il is not proper to show that
this intimacy continued afterwards.
The court stated its opinion that in n
court of inquiry some rule should be
observed rs to the admission of testimo-
ny, as, in the trial of the case, il can re-
ceiye no testimony except what would
Dt u'iiiiittu III u tliti DtlDTt II IllfN.
But il Is proper 10 show motive TO the
crime, such rs criminal intimacy before
the crime would be, and the court will
admit testimony TO show the intimacy
was continued after her death, because
it is part of the evidence that such init
macy existed before.
Mr. Drew then answered the question
that gave rise TO this discussion. lie
heard Burroughs ask Smith, "Ez.' did
you get at herr" Smith replied that if
they had kept away a little longer he
should have done as he said he would.
The next witness was Sheriff Trip.
He said he was present nj the time of
Smiths arrest. A memorandum book,
a key, a knife, and three letters were
taken from Smith. One letter had no
address, and one was addressed to S.
Burroughs on envelope, but written to
Prof. Collier, and dated at Nergennes,
October II, as follows:
VEgoESNfs oct II 1877