Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-10-15
ch;t.anien County Court.


Hon. JOHN PIERPOlNT, Presiding Judge
Hon. EDGAR II. LANE,
ANDREW J. HOWARD Clerk.
LUMAS A. DREW, Sheriff.
HAMILTON =. PECK. States Attorney.
JAY READ PEMBEK, Court Stenograpner.
SATURDAY, Oct. 9.
In State vs. Clark. arguments were made
yesterday for the State by Mr.. Lawrence,
and for respondent by Messrs. Deavitt and
Start, and States Attorney Peck began the
closing argument for the prosecution, which
will be concluded this morning.
SATURDAY AFTERNOON.
Mr. Peck concluded his argument this
morning and the court then adjourned until
II O'Clock Monday morning.
TUESDAY, Oct. IL.
In .stltt ". Clark, Judge Plerpoinr, on
the opening Of court, yesterday morning,
delivered a long and exhaustive charge. after
which the jury retired. Shortly before four
O'Clock they came in stated that they were
unable to agree; whereupon they were sent
back Two hours later they returned with
verdict Of not guilty.
On the opening of the afternoon session
the case was taken up of State VS.. Joseph B.
Wood and Alma X. Smith, an indictment for
murder, the facts in which have heretofore
been printed in fun. The greater part of
the session was spent in empanelling jury
over twenty who were called as jurors being
excused. But two witnesses were examined
Harry \, Storrs, who recently made some
measurements at the scene of the tragedy,
and Deputy Sheriff T. d. Baker of Essex
Junction, who arrested the respondents
States Attorney II. 5. Peck and NJ. A.
Bingham for the prosecution II. II. Start
and W. II. Hare for respondents.
WEDNESDAY, Oct. 10.
The case of State vs.. Wood and Smith
was resumed The following witnesses
were examined E. D. Baker, the officer
who originally arrested the respondents
Drs G. VI. Ferrin, George &. Briggs,
and \. p. Grnnell, who testified
as to the nature Of Smiths injuries
| ii. y. Dcavitt, as TO threats by the female
respondent IL. ). Peck, as TO the identif-
cation of the bullet, etc. and George Aus
| TN, Mrs Thompson (at whose house Smith
| died), W. {. Wiley and Byron Nichols as to
Smiths condition before his decease.
WEDNESDAY AFTERNOON.
The state rested its case this morning with
testimony as to Mrs. Smiths purchase of
revolver in this city and as to threats made
! by her
The first witness put upon the stand by
the defence was the respondent Woods.
Woods testified to the family quarrels be
tween Smith and his wife, and to his own eff
forts TO bring about better understanding
and to persuade Smith to live peaceably with
| his wife Smith, he said was sometimes as
good and kind as man could be, and then
at times was as ugly as man could be. lie
| thought Smith was crazy Smiths wife had
IA revolver which she had bought, as she said
/ because she was sometimes alone and wanted
/ it for her protection. Smith went to Hines
/ burLl, tlic day before the shooting came
| back at shutdown, said lac felt very bad and
| believed he vas crazy. Ills face was very
red and witness asked him if he had been
drinking but he said he had not lie asked
his wife's and Woods's pardon and said he
had done wrong that evening. Next morn
! ing lac said hc still felt bad, but not as bad
/ as the night before. Witness followed him to
! the Darn anu asked MN pleasantly ior the Key
l" inc barn IN winch inc wagon was iocheu
! up. Inc next witness hhc" Hihlth caihe III
INN and struck INN under The lett eye,
! knocking him down, and then kncelcd on
| him and tried TO strike him in the face sew
! cr,I ,incs. witness cscancdthc blow by dodp-
ing heard Alma say 'let Father alone" and
Sinl'h IcP''eu won T. aShcu hii ,,t. "
r,cr Wi,mcss Turned over and saw her
lying 10y him with Smiths hands on her
throat enc lhu h"ld oil ms hanus, Witness
undertook l" r't up Wheh 9ihlth struck
nm again IN inc FACE, anu iay upon nun;
Wines drew MS revolver winch ho i'a'
carried Tor years anu ny Eieat r"",',
though ntaily eAhauS,c''' :" P"iIn uu'
from uhder Hhl'h anu nicu' 1,u M. .m
cause lac was alrald 9hhi'h Wouiu NH NM MN
ami IA ORDER 10 get away from MN NcA'
saw smith following up Alma; toid MN 10