The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-03-26

Waitsfed; divorce granted for willful deser-
ton; G. II. Heath for libellant, and no appear
ance for defendant Betsey Ann Carr Us.
Prentss A. Carr; libellant lives in Calais; di-
vorce granted for willful desertion and refusal
to support; G. ii. Heath for libellant and no
appearance for defendant. Ida A. Merriam Us.
Horace W. Merriam; for intolerable severity
further testimony; II. w. Kemp for libellant,
and no appearance for defendant.
On Monday, at two o'clock, the court COM
menced the trial Of the criminal docket The
first cause for trial was that Of
State vs. James Templeton-This was an in
dictment for manslaughter found by the grand
jury OF the county at the September term, 1883,
in which the respondent was charged with the
unlawful killing Of one Sylvia Hurburt, wife of
Alba Hurlburt OF Worcester, at that place, on
the evening Of the 9th OF August, 1888
The following named jurors after being ex-
| amined on their dvoir dire were accepted and
sworn: w. f. Marshall, George A. Bragg, Ira
| +. Hanes, E. W. Hill, Erastus Batchelder, W.
| F. Braman, o. r. Collins, Denison Dewey,
Martin Cobleigh, A. E, Richardson, +. D. Lamb
and Edwin Cardell. 1t appeared that the de-
| ceased and her husband were town paupers Of
| Worcester, and In the spring preceding her
| death, on account of their age and helpessness,
they were moved by the overseer Of the poor
from their own house to the house Of the re-
| spondent, that they might have better care.
| There they had been up to the time Of Mrs.
Hurlburt's death Mr. Hurlburt was the prin-
|
| He is eighty-nine years Of age, very feeble and
| much broken physically, though quite bright
mentally. He testified that on the night in
question he had retired very early, by request
of his wife; that he was 80 feeble that the re-
spondent assisted him to undress and into the
bed after he had retired he asked his wife to
come to bed; that she demurred to that be-
cause, she said, she could not breathe lying
| down. that after some time the respondent,
overhearing their conversation, came into the
room and told the deceased she must go to bed;
that she told him she could not breathe II she
did that he insisted that she said 1t would
kill her; that he said he would kill her II she
did not go to bed; that she still refused, and
the respondent seized hold Of her and attempted
to put her to bed that she resisted claiming
all the time that he would kill her, the re-
} spondent telling her he would IL she did not
} keep quiet finally he slapped her and then
threw her on the bed, where she was found
dead. She was buried, without any particular
! suspicion having been excited, but about two
> days after her interment, or just ninety hours
3 after her death, she was disinterred, and
r post rnortea examination made by DR..
I Sumner Putnam and DR.. j. E. Macomber
OF Montpelier. The autopsy disclosed that
her heart was very much affected; that it
Y was very much enlarged, weighing fourteen
ounces, when, in its normal condition, 1t should
t have weighed but eight ounces; that the case
y about the heart contained about four ounces of
/ the liquid commonly known as water around
d the heart; that on the left side of her neck
|
s on the right side of her neck was some indica-
;. tion OF bruise. The testimony of the physi-
i clans was that these scratches must have been
IT made very near the time of her death that
from the condition of her heart, she was very
II liable to drop dead at any time, and that any
% sudden excitement exertion, or shock would
:. have caused her death; that any choking or
4. rough handling would have caused her death ;
10 that from the condition of her heart, it was
,r very difficult for her to breathe, especially
le when lying down; that IL the deceased had
'. been choked, as was the theory of the state,
le she must have died at once, when the choking
ID WAS done, but the physicians were unable to
lie say from the autopsy whether she came to her
le death from natural causes or by some exter-
Or nal cause. The evidence of the old gentleman
IN and the DOCTORS together with some admis-
le sions and conversation Of the respondent by a
m few other witnesses, constituted the case as
" made out by the state On its conclusion, the
a respondent by his attorney, moved for ver-
NJ dict on the ground that the state had not made
err out prina fdcie case. This the court refused
Is to do, saying that this was especially case for
w the sound judgment of jury, and 30 the re-
g. spondent was put upon his defense, which had
TO been pretty we'll disclosed by the long cross
ct examination Of Mr.. Hurlburt by Mr.. Heath
ell By this cross-examnation it was disclosed that
be their married life had not always been as calm
he as summer sea- that occasionally and semi.
rn occasionally clouds had darkened their domes
as tic horizon, from which clouds forked-lig
ff had darted more than once; that they had fre
It quently and heartily wished each other dead
IT. that the old gentleman very emphatically sale
. he was glad she was dead and that his prayer
~ had been that he might live just two minutes
~ n- longer than his wife; that he was glad hi
.aod prayer had been granted. The old gentleman
@ ou denied ever striking her but once, and theI
aas aS only once with a switch on her hand, wheI
~ ~ she wanted to set duck that wasn't ready
ed He also denied ever being struck or clinchet
'na by her, or anything of the kind. The olt
~ ~. gentleman, under persistent cross-examins
/ muph aNnrQlaa<
.o himself very forcibly on the stand. Tit
" respondent introduced many witnesses Il
m it.i prove that Mr. and Mrs Hurlburt had had
sn very stormy married life; that they had hat
10 many battle, and many blows had been b.
;i each received and given during the twenty-on
~, years that they had lived together, she bein
,odi ed his second wife. The respondent also intro
@ @,es duced several witnesses tending to contradic
ors .%s the old gentleman, as to the manner of he
SStN' death, by other and different versions Of tn
a., ay story told by him at near the time of he
ar death to persons with whom he had converse
an about it. Those versions were very muc
~; different from the one given by him on tn
red u% stand The respondent himself testified tba
oa na the night in question the deceased and he
ne husband had retired to bed, when he hear
,hn them quarreling as usual; that the old gentle
the man called to him to come in and quiet the ol
S lady; that he went, and found her clinchin
ars the old man that he very gently laid her bac
a a. 20 on the side Of the bed and went out Of tn
,oS room; that the old man called to him that ST
not 80 80 AI, Jha thoor' 80 az atonsa ~.
hat ~ 20 ,ha Ia 80 SiaS $3.50, Saa,h t,op
,an disease Of the heart, that II it was caused
nt any violence, that violence was either inhicte
nos ,mS by the old gentleman, when the deceased a
has tackled him, or by the excitement engendere
daS iaS by her own fury. The testimony in the cas
an' Vu closed at forty minutes past eleven o'cloC
~ Tuesday morning. the court being convened
ant half-past eight, so as to accommodate the jul
co. as much as possible and relieve them fro
pnntnamanf
aa,' @ ably argued the part Of the state by State
'%;s Attorney II. A. Huse, Esq, and on the part
NE the respondent by S. c. Shurtleff, Esq, and
,0 'aS- ii. Heath Esq. After very able and impa
if siusn 20 ths inv a, 6f,v minntss % rsss N :.
sas NV o'clock Tuesday Lternoon who, after consi
a,' ering the case, re urned verdict at ten mi
sssd utes past four OF not guilty"
mo-
Calais.-W L. Laird has on exhibition at Il