Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-11-14

. commenced in City Court before judge
IIaselton Monday morning. States Attorney
H. S Peck and NJ. A. Bingham of Essex
junction appeared for the prosecution and
W. II. Hare and r. II. Start for the respon.
: dents.
Mr.. Start in behalf of Mr.. Woods desired
the court to assign counsel; and he was So
assigned.
The first witness called was f.. d. Baker,
who testified Reside at Essex junction; am
deputy sheriff on October %, at two O'Clock
was called to go 10 Williston as there had
been man shot there; went first 10 Mr..
Thompsons; found there man named
Smith who said he had been shot; he was
sitting in a chair and DR.. Ferrn was exam
lining him had no talk with Smith learned
that the shooting had been done by his wife
and his wife's father at their house went to
Smiths and found Woods in the yard and
Mrs. Smith in the house, ironing; she hand
ed me her revolver at my request, going into
another room for it; took also Noodss
revolver this too was in another room
Woods claimed that the shooting was done
in self-defence he said he went 10 the barn
and told Smith that he wanted the key to
the barn, when the latter attacked him and
threw him down, whereupon he drew his re-
volvcr and shot at him, hitting HIM once IN
the wrist Mrs. Smith came running out
with her revolver when he shot Smith the
latter let go of him partially and took hold of
Mrs Smith. when he got loose; alma then
got in shot," hitting Smith in the neck
he then let 20 of her and started for him
| Woods, when he fired again; hitting him
| in the abdomen: Smith exclaimed, ~ ou
have killed me; you have killed me ; don't
fire again :" to which Woods replied, Il
| wont if YOU let me alone" Smith then
started for Mr.. ThompsOns Woods said
he had carried a revolver for thirty years
coming down 10 Burlington Woods repeated
the story. substantially F.; he thought lac hit
Smith twice and Mrs. Smith hit him once
he said Smith had no weapons with which to
defend himself; Mrs. Smith asked me if |
thought her husband would live; | said he
might live till morning and might not she
said she hoped he would live long enough TO
repent Woods said that he had nothing
against Luman"
Witness here produced Mrs. Smiths re-
| volver "a seven shooter of small calibrel
il has three charges remaining in ii, one
empty chamber and three shells. Witness
produced Woods revolver a sin shooter ;
all the chambers are empty but one.
While | was at Thompson's DR. Ferrin cut
a ball out of Smiths wrist and gave il to me;
it fits the large revolver; another ball which
the States Attorney gave me also fits that
revolver saw Smith again i'll the evening;
he said he thought he would not live; from
Smiths to Thompson's it is some forty rods.
Cross-eramined-Whcn | first found Woods
at Smiths there was little black and blue
spot under his left eye a little blood under his
right eve: saw no blood elsewhere on his
person; Woods said Smith got him down
and choked him said nothing about Smiths
striking him don't remember that Woods
complained ot suffering from the violence he
had sustained; cross examined at consider
able length, with the view of showing that
Woods had no hostility 10 Smith and had
previously acted as II peace maker in the
family
George 1uIin testified Live in Willis |
ton A; knew Human \. Smith and the respon-
dents saw Smith every day after he was
shot heard him say that he could never get
well said il three or four times he talked
TO me about his children he wanted me TO
see that Joseph B. and Helen had good
home somewhere Joseph B. was Mrs
Smiths child by her first husband and Helen
by her second stayed with Smith much Of
the time until his death he told me who |
shot him and how.
Cross Examined On the day lac was shot
Smith expressed desire 10 See Mrs Smith
and Mr.. Woods.
George Wiley testified Live in Essex
junction and keep a livery on Wednesday
afternoon, Oct. %. went TO Gero's. some half
a mile from Smiths house while there
heard that Smith was shot drove down TO
Thompson's house; found Smith there
Smith was sitting up, bleeding from the |
wound just below the neck, and said he had |
been shot and had got 10 die; had known
Smith for some three years drove over
yard; he said he hadn't been do
ing much of anything; said he |
shot Smith to save his own life witness |
here detailed Woods account TO him of the |
shooting, which correspondent, substantially, |
with the story told Mr.. Baker and gwen in |
his testimony; Woods was lively and |
didn't seem to be much hurt he had some |
blood the right side or his face and his |
left eye was badly BACKED; went into the |
house and saw Mrs. Smith; she said |
she had been shooting and would shoot |
another man if he knocked her down; she .
showed good-sized dirk knife which she |
said Smith had carried in his pocket all /
Summer; he did not have it at the time Of |
the affray, for she had got it away from him
and hidden it 4; she showed me her dress |
where she said Smith had torn it when he .
assaulted her
CrOSs-erdRiHed, Woods seemed quite in |
different about the result ofthe aifray; told /
me that he and his daughter fired seven
shots.
George MuHSOn, an cmployc of +. II. /,
Pawn, testified that in August or about that |
time Mrs. Smith came into the shop and !
looked at some revolvers; bought one; said /
she had left her husband and was not going |
to live with him any more; she asked me .
to keep the purchase of the revolver IA secret [
from her husband.
CrOSs-eramined at some length but no ma
teral facts elected, except that at the time
she bought the revolver Mrs. Smith said she
was going West
Mrs. J0adh Thompson testified Live near
Smiths house; Smith came TO our house
when he was shot and died there
when | first saw him he was turning from
the road into our dooryard he looked so
frightful ! did not at once recognize him;
he said rs he came in that he had been
shot and was dead he came into the house
and called in his little girl Helen; he then
told me the particulars of the shooting and
said he was glad he had lived long enough
to tell the story; this was about , pm.
Cross cramined: Mr.. and Mrs. Smith had
separated four times | think, the last time
Thompson then narrated Smiths account of
the shooting as given by him 10 her before
his death. 1t was substantially that he went
TO the barn to harness up his horse, when
Woods, levelling Il revolver ut him, forbade
his Harvesting on pain of death that he
then grappled with Woods, whereupon the
latter fired that in the tussle both fell |
To the ground that nj this point
Mrs smith came running out of the
house with II revolver and in her turn shot
her husband that he then released Woods,
whercupon the woman cried, Give it 10 .
him, father :" that after both had fired again
he cried out for them not TO shoot, as he was
dead man; and that accompanied by his .
four year old daughter Helen, he ran 10
ThOmpsOn's house.
WRliam e. Wiley, who lives at Essex .
Junction about a mile from Thompson's was .
one of the first to arrive on the scene of ac-
ton and testified as to assisting Smith into .
the house and rs 10 his language and be- /
haviOur. On discrimination he gave
Smiths story of the murder, substantially |
tho narrated Ly the previous Wit !
ness.
Adjourned.
ADJouRHED SESSION THrRsDAY.
Counsel for respondents asked that a sub |
parma I've issued for DIR. G. NJ Ferrin of Essen .
Junction at the expense OF the State. After |
long discussion the States Attorney an
nounced that DIR. Ferrin would be subpTmard. |
DR.. George e. Brtggs Of Burlington testi-
fled On Thursday, oct. 90, went to Willis |
ton to see Smith and got there at about 7 p. |
III. A; DIR. Ferrin was there; made an cNamin-
alton of Smiths wounds; one ball had en-
al. g Al. a
pipe; another the pit of the stomach at the /
left; a third the wrist near the joint and went |
up the arm two or three inches; this was cut |
out the other two balls We did moi find the |
direction of the wound in the abdomen was |
apparently towards the right that in the |
neck passed in front Of the windppe down |
wards and outwards these two wounds ap- |
pearcd 10 have been made by balls of differ |
cnt size, that in the neck being made by the /