Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1878-06-14
Orwell; c. Ii. Mallory. Of North Ferris

Tho Indictment was then read by tn
clerk, who stated that Deacon Smith the re
spondent had pleaded not gully to it OF
! arrsignm ent and had put himself upon thu
, county for trial.
, Mr.. Woodbridge, of Vergennes, the State
Attorney then made statement OF thu
, ca So to the Jury at considerable length
giving q resume OF the case and giving tht
theory of the State.
During the statement, Deacon Smith paiC
the strctest attention and showed much
| feeling. lie was followed by Mr.. Ballard
OF Burlington, Of counsel for the respon'
dent, who made a statement OF what was
claimed by the defence. lis stated that
Mrs. Smith last Summer was taken sick
with all the symptoms of cholera-morbus
and the doctors who tended her during her
sickness suspected no foul play. No proof
exists in the case that Deacon Smith ever had
poison in his possession or administered it.
Mr.. Smith went away by the advice Of his
physicians. While absent scandal concern
ing his intimacy with Mrs Champlin begun
to be rife. Mrs. Smith was exhumed and
sent to chemist in Burlington and in the
entire yiscera was found les than 81 OF a
grain OF arsenic. The State fail to provo
that she died of poison. Tho doctor
who tended her will testify that he ad-
ministered to her during a week and half
arsenic and other poisOns. Deacon Smith
had what he supposed to be friend, one
Burroughs. of Waltham. Mr.. Smith had
negotiated with him about this tins to Dor
row some money. Mrs Smiths father
hired this same Burroughs to play the de-
tectve. When Mr. Smith returned home,
rumOrs of scandal were rife and he went to
Burroughs for advice. Burroughs told
him if poison was found in the body, it
would need all the money he could raise to
defend himself he offered to buy off the in
vestigation no directed the letter to be
written to DR.. Kidder. wrote it himself and
| told Smith to copy it; advised Smith to
follow his advice in regard to Prof. Collier
and he did 80 procured himself to be ar
rested and when they went to Prof. Collier
Burroughs prompted him in all his CONVEX
sation. Burroughs and a reporter for the
| Boston Globe put their heads together
and sent out into the world sensational ar
| tices to poison the minds of the whole COM
| munity, and in all his proceedings has play
cd the conspirator and false friend; and in
stead Of following the tracks made by Smith
has made them himself, and has caused Smith,
all unneryed as he was by the suspicious
against him. to do the things vi ich now look
the blackes. against him. Both sides were
presented in mastery manner, and at the
close of Mr.. Billiards. statement the court
took q recess for dinner.
AFTERNOON
Mr.. Woodbridge. of Vergennes. the
States Attorney. is assisted in the case by
e1-Gov. j. W. Stewart, of Middlebury, and
Col. W. G. Veazey. of Rutland. and the
defence is conducted by MIR. Henry Ballard,
Of Burlington. and Gen. j. Ii. Lucia, OF
Vergennes.
On motion, it was ordered that all wit
ncsses except the doctors and Prof. Collier |
be excluded from the court room with the |
exception OF the one testifying.
The first witness for the State was Mrs. j. |
g. Kinds, who testified as follows: Have |
resided in Vergennes years on Green |
P. Smith. Knew of sickness of Mrs Smith |
and was at the house the Monday succeed
ing the Friday she was taken sick. She was
complaining OF sickness at the stomach |
was taken as with cholera mOrbus, not able |
to retain anything on stomach; called the
next day at her request. She was lying |
as before; was extremely thirsty. she said.
Went again the next morning and took her
some beef tea. Her condition was same as
before; complained of thirst and sickness
at tho stomach. l prepared mustard
paste there. She retained and relished the
beef tea. left the tea in the kitchen. Her
OhuRuttE hhTy WAS tHeGe- MT. oulltn ANU |
Mrs. Champlin were in the house. Next
went in Thursday morning. Mrs. Smith
seemed much worse, seemed in great dis
tress and great thirst and pains in her back.
She would draw up her knees to her body.
She was hardly quiet moment. She was
on the outside OF tho bed in her wrapper.
She complained that her mouth was sore.
Next went in Saturday morning. She was
in bed and said she was no better. Next
saw her Sunday morning about 0 o'clock.
She was dying. She died at 1890. She
had a spasm and saw her have another
after 10. She had also complained to me OF
sharp pain in her bowels. Wednesday Mr..
Smith asked me what 1 thought about
her. When she died Mr. Smith was
by the bed and Mrs. Champlin leaning over
him. After she died and | tied up her
mouth, Mr.. Smith said :" We will have
prayers before she is laid ont" prepared
the shroud. While We were making it, he
and Mrs. Champlin went up town. ller
body was bloated. Mrs Smith told me the
Sunday before she died. that it felt as
though there were live Goals in her
stomach. No nurse was there to take care
of Mrs. Smith. Mr.. Smith said he was a
nurse.
On cross-examination, Mrs. Kinds testi-
|
She told me about the
which have described Cholera
morbus is attended with the symptoms
have described-thirst. inability to retain
anything in the stomach, movements OF |
bowels and prostration.
Mrs. Il. Is Stewart. sworn Reside in Yer |
gennes. My husband is a dealer in stoves
and tin-ware. Ezra Smith and Mr.. Bald
win were in partnership with him. Knew
Mrs. Smith. Friday night or Saturday
after she was taken ill, | heard
Of her sickness. Went into her room Sat.
urday night before her DEATH Mr. Smith
conveyed to me the impression that she was
very sick. Mrs. Champlin was in the sick
room tanning Mrs. Smith. Thursday. L
saw Mrs. Smith through the door, Mrs. |
Champlin and Mrs. Gorham were there.
night. | stayed with her, She
OF her stomach. being greatly
distressed with frequent purging of the
bowels. Mr.. Smith was in the chamber over
the kitchen. Don't know were Mrs Cham
plin was. | went up and asked Mr.. Smith
W here the doctor lived: told him feared
she would not live long. lie did not get up
and | went and got the doctor.
On cross-examir alton. Mrs. Stewart testi-
fed that Mr.. Smith was not asleep and
seemed greatly distressed in mind when she
went to call him. Suppose that Mrs. Cham
plin slept with Mary Smith
Mrs. Cornela Seeger sworn Resides in
Addison. Am sister of Mrs. Smith. Heard
Of her sickness Saturday night. | went
there Wednesday. Ezra Smith and his
daughter wero at the house. stayed
about two hours. She complained of burn
ing beat in throat and stomach. Went pext
night about 9 o'clock Found
Mrs. Smith very low. She complained of
throat and mouth was purging some did
not vomit. She would draw up her legs and
roll about the bed. She looked deathly
Mrs. Champlin came to the door and offered
TO sit up. Mr.. Smith came down from his
room about in tho morning. She seemed
more easy when l laid down. about nine
D 'clOck. After | woke up she had spasms.
1t was inhamed about the orificc of her
bowels. She had frequent passages from
the bowels but no vomiting. Her mouth
was very sore and lips parched as though
with foyer.
Mrs. Mary +. Benedict sworn: Resides in
Vergennes. First heard of Mrs Smith i'll
ness Friday night. Went to see her Sunday
Afternoon. She said she was very sick at
her stomach WAS in bed with her wrapper
On saw her next Monday Mr.. Smith and :
Mrs. Champlin were there. She complain
ID of burning in her stomach. Tuesday
OF burning IN throat was very
restless drew up her limbs. Saw her
Wednesday morning. Saw her again the =
night before she died. She said she was |
burning up. Lett her about eight IN the
evening. When she was laid out noticed
that her toes were drawn under. Took the
clothing from her body it was hung On a !
line in the yard by Mr.. Smith and Mrs.
Chsmplin. neI face was bloated.
On cross-examination. she testified that
Mrs. Champin was a near nelghbor of the I
smiths and that she appeared to be there
ike the other neighbors.
DIR. A. A. Arthur sworn Resides in Yer &
1ennes; am homeopathic physician was
,alled Friday, soon after noon then vomit-
INK, with nausea not much change next
morning; more comfortable Saturday
1iuhf Sunday The sumntnms uer, annra