The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1889-06-20

" alder ubo oid acintlig NAss Ss'efA
toas after be was Injured Considerable
testimony va- ia,rodnoed Ia regard 10
nerve oeaiep" 10 the brain, by which Is
rseapl certain points 10 The brain that con
troll certain members Of The body. Dr.
Rogers admitted iha, this theory Is grow
ing In favor with the profession. but iha'
/, has not ye. advanced 10 The point where
these csn,ers can be definitely and exact
" located, and that authorities differ n 10
their exact locstion. Dr. Goodall went
farther and claimed that these points could
be definitely fixed aud he attempted to
locate the nerve center that controls thss
motion OF the right leg. on the skull O.
walder which wss placed in evidence.
This evidence was important as tending to
show that the paralysis Of WAlders right
leg which would prevent his running after
the injury vas the result Of the bleeding
and not OF the concussion or lacerstion cf
the brain following the blow. ~ ell the
doctors agreed that IL ii was the result OF
the bleeding some little time must elspss
before paralysis would occur.
The most important evidence for the
defence given by the doctors was that from
tho appearance Of the wounds on the
skull and scalp IL was probable that the
blows we're given from the front. little
10 one side, rsther than from behind. This
was DR.. Jennings testimony and also Of
one other doctor. though he said the
woand on the right side might have been
made from any point OF hall circle.
The respondent Roberts. who is 20 years
old was placed on the stand and his &C
count OF the sffrsy was very much like
that Of Bent He gave what was said be
fore be struck Valdez. He first asked
Walder II he knew what had become OF 9
wrench which Roberts had left beside the
road the other day. They had some words
and Valdez got mad and said il Roberts
would 90 ont in the road he would fight
him il Bent would go away. Roberts
laughed at that. Walder kept swearing.
Roberts said You didn't the wrench
Wslder said III you'll come out 10 the
rosd III fight you" Roberto said III you
keep on talking you'll learn me how TO
talk Dutch" Valdez SAID &c d dem
you, and as Roberts was putting on q
stick OF wood Bent said Look out Bert!"
Just then Walder's Ak came down within
ak inches Of Roberts. Roberts then hit
Walder with the stick, on the should or
al u, pretty good blow. The rest Of
Rober ts testimony was like that OF Bent,
orly aft or Valdez fell Roberts asked Bent
what they should do. Bent sad they had
better wait until Mrs. Wslder came.
When she came Roberts asked her II they
should take him home. She said "Tll
fix you" The girl came out on the bank
and Mrs. Valdez said to her Get the
gun and I'll shoot them like two dogs.
Roberts 81 d they didn't want to have any
.roubls with her and they hitched up as
as soon they could and went home.
The defense put on as witnesses to i'm
peach the testimony Of August Walder
Mrs. Geo. Aldrich, Grant Harbor. Beck
with, Albert Briggs. Mrs. Sears Smith
Mrs. Henry Harbor. Milton Knapp who
testified that August Valdez told them
that ho did not see Henry Bent strike bis
father, and that he did see bis father
strike at Roberts with his az, which he
denied on his examination and also DEM
ed having told these witnesses what they
swore to.
The state put on in reb ,ttal Ransom 0.
Gore who testified that Beckwith told him
that August Wslder had never told him
about the case aud ell he, Beckwith. knew
about it was what others had told him
August had told them. Samuel Mallory
was put on and swore that he did not hear
Walder say he mado Bent run as Bent and
Roberts swore be did tell Mallory as be
was passing by. Mrs. Valdez testified
that she did not call TO Martha Valdez
to get the gun as Bent and Roberts had
sworn, and Martha Valdez swore to the
same thing. L G. Bacon I'd Jesse Nal.
Tory were put on to show the nature Of the
ground on the opposite side OF the road
from where Valdez was splitting wood and
hey ond the wagon. Their testimony tend
ed 10 show that person would not have
had great difficulty 10 getting p I the
wagon on that side il they werc pursued
by . man with az AZ. DR.. Jennings was
recalled to rebut the evidence OF Drs Ben
nett and Goodall. Jennings swore that he
does not think il possible that Valdez
could have gone any distance after he re-
ceived the blow. He would not go farther
than the force Of the low would send him.
DR.. Rogers was recalled and expressed the
same opinion.
Sears Smith end Mark Hsrbor we're call
ed by the defence TO show that there we're
some logs back OF where the wagon stood
and that the ground WAS rough aud uneven
and space marrow on that side.
This closed the evidence on both sides.
The case was ably conducted and argued
by the attorneys, those for the state being
States Attorney Barber assisted by ]. X.
BstcheldeI and J. q. Martin On the part
Of the defendants by W. d. Sheldon. l..
Munson and f. l. Waterman, and also on
the part OF Ben. by seymour Van SAINT
voord Of Troy.
Although the respondents are tried TO.
gether the jury may find different yer
dict In each case, and this verdic: may be
either murder in the first or second degree
manslsughter or acquittal. II the theory
OF self defence is fully maintained by the
evidence the verdict should be scqnittal