Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1877-06-27
Orange Comfy Court.


HON Hos' H ! n h-p Dopph' Assistant Judges
L. g. HINcKJEy, Clerk
JOIN BAILEY, in, Sheriff.
ID. A. RoGERs, States ATTORNEY.
A. s. AUSTIN, Deputy Clerk.
JonS II. MINIS, Reporter.
State u.s. Joseph W. smalley was an in-
dictment for arson, in burning several barns, In
Guiding his own, and also his own dwelliDg-house
in Braintree year ago last fall The indict-
ment contained FIVE connts, three charging the
burning Of the barns Of three of his neighbors,
the fourth count with burning his own house and |
barn with intent to defraud the Farmers Mutual |
Fire Insurance Company, and the fifth count |
charged him with burning the buildings OF his |
brother The buildings referred TO in the fourth |
and fifth counts were the same, hut Il appeared |
that the respondents brother, George d. smaley, |
held the legal title, while the respondents interest
was only equitable On motion the state were
compelled to elect upon which counts they would |
proceed, and chose the fourth and fifth The |
evidence against the respondent was Of circum |
stantial character. 1t seemed from the evidence
introduced by the state, that some four or five
years ago there had been legal proceeding in the
Probate Court in which the respondent endeavored
to obtain the custody Of minor child, his wife
having previously obtained divorce In this
court several of his neighbors had testified against
him, so that he did not carry his point: that re-
spondent was much enraged and threatened ven
geance upon these persons who the ones
whose buildings had been burned The state
relied upon this fact and also upon the fact that
shortly before the fire the respondent removed
considerable hay from his own barn that was
burned to horse barn that escaped being fired,
IN
place. 1t also appeared that window of this horse
barn which had remained open for long time
had been not long previous to the fire boarded up,
the cracks battened, and ladders placed upon the
roof which the state claimed tended to show was
done so that this building might not catch fire
from the house which stood near by. The evidence
was far from conclusive against the respondent
and few expected a conviction The jury how
ever thought differently, and returned verdict of
guilty under the fourth count of the indictment
Exceptions were taken and respondent released
on bail. States Attorney and Rowell for the
state; Gambe c. II Pitkin and Huse & Lord for
the respondent
| State Us. Alonzo G. Reed-lndictment for arson
| in burning the barn of William +. Wellington, in
Randolph, in the fall Of 1878 1t appeared from
the evidence the part of the state that the barn
Of Mr. Wellington burned in October, 1873,
together with hay, six cows, two horses and four
hogs, the entire loss being over three thousand
dollars The fire was first discovered about eleven
O'Clock at night, by two daughters of Mr. yelling
ton, who were awakened by the roar of the
flames, they sleeping in a chamber towards the
barn. the house being on the opposite side of the
road. That at this time the fire had not broken
out, except in few places on one end, where it
came through the cracks of the barn, looking in
these places like the flame of a candle as the wit
ness expressed it. That Mr.. Wellington and his
son George young man about nineteen years of
age, at once proceeded toward the barn, but both
had not reached it before the respondent was seen
near coming toward the barn WellingtOn's evil
dence also tended to show that he went through
the barn to the constable, opened the door and
was trying to save the cows when the flames
broke through the roof He also testified that
the constable door had been left open that
night and fastened back against the barn. 1t
appeared that previous to the fire the respondent
lived over a hundred rods from Wellington $,
and further down the hill, he being married
man and there living with his wife That re-
spondent had been paying attentions to Ellen, the
daughter of K. r. Slack, who lived short dis
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