Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-12-01

knowing that they would thereby expose
themselves to crsat personal peril, and lose, |
not only all chance Of promotion, but their |
present means of livelihood through the en- |
nloymsnt OF the road and subject themselves
10 the prosecution OF felony, which is now
proceeding against them, and to the penalty
provided 10 such cases Judge Haselton ol-
so laid stress upon the fact that neither En-
rineer Rice nor Conductor Lawrence of
train 80, nor their brakeman or fireman,
nor the brakeman or fireman on train Nj
gave either York or Stewart any notice that
the ongine on 90 bore a red flag, as under
the rules Of the company It was tho duty OF
each Que Of them to 10. The duSkiness OF
the hour and the construction of engine
''Baker" were also commented on, as explain
ing in measure tho failure or YORK ana
Stewart to SEQ the flag He closed at
D. NJ, when the court took recess until
Monday morning.
County Court was resumed at o'clock
Monday morning and Col. W llson or st.
Adams began his plea in behalf of the re-
spordents. He argued that it was not
probable that York and Stewart would
have run their train against RED nag; that
ID vns possible that the flag may have been
wound around its staff aud that it was so
dusky that thoy could not see very plainly.
cussod by Judge Haselton Saturday, speak-
ing an hour uud a hnlf.
States Attorney Cuahman closed the ar
guments for tho State. Mr. Cushman
averred that the flag on ths engine 10
full view; thrt it 10 light thet 1t could
have besn plainly seen; that The repondents
did see the Gag because they testified that
thsy werc looking directly at the front OF
tns engine; that the short delay before
train "Ni' novel cut OF the station ut
| Jonesville and The 20 that Nears turned
back from the evitca which he had gone
to set ever, toward tn eo sne showed that
tho respondents wore debating whether to
move forward or moi, and that, although
they saw the flag, Tor Soma reason they were
/ iuattan,lye 10 us manning or mistaken
about their right 10 urooaed lie concluded
/ his argument at &:3J o'clock.
Judge Roweil then delivered his charge to
the Jury which was very concise and ex-
b,icit. lie said that tho pivotal point of
the case was whether the respondents know
iugly ran their train on the tiule of "59 eX-
tre;D that under the Indictment they could
not be convicted un ess ths jury found thot
10 be the TACT; tina. it WlJ not tho question
! that IL the respondents did rot know that
/ '5J" was coming, whether they were neg
I ligent in not knowinG IL because the in
/ dictment was not drawn in way to pre-
/ sent the case in that aspact; that it was i'm
material whether any II tho officers OF the
road or engineer or conductor on
/ tram "59' or the station agent at
/ Jonesvile were negligent or not;
/ that It nm. y a question
under the indictment, whether the respon-
I dents or either and which OF them, know
irgly ran ther train on the time OF "59 "
! . Il tIpy- y
not they were not guilty"
Tie jury retired and at 730 o'clock
hor led in a verdict of Not guilty, "
cad Judge RoweI discharged the re-
spoadents, Edward G. York and
john j. Stewart Tbey quickly stepped
forward TO where the jury were and shook
the hand Of each juror as he walked past
them.
States Attorney Cushman and J.. f
Wilbur pro-ecuted and Col. W. D. Wilson
Of ST. Albans, Hon. Z. r. Hard aud Judge
lGsoltJn of this city, and NJ. Stewart OF
Bakersfield, brother of reUpoldent Stewart,
defended.
y jury was decided upon in the case of
State vs.. William Foster of Lssex soon
alter County Court assembled Tuesday
morning. Foster Is charged in the indct-
mcnt with Gesaultiag one Robert Richmond
{
with intent 70 murder.
The testimony on the part Of tho State
tended to show that On september II the
respondent and his brother and littlo boy,
three years OF age, were driving in the di'
rsctlon Of North Williston on the road from
Jericho Centre They were ovarteken by
Robert Redmond and Grove Brownell. After
proceeding few miles an alteration arosC
! between H.imond and the respondent re
GurdinS tLeir passing, which led to blows
Foster receiving cut over the lef'
eye Bud coming out seconl best
, After they finished fighting, BrowneN anc
/ Redmond went on toward North Willistou
+ and when they got nearly to the covered
J bridge gu the way, they heard Fosters team
: coming behind them. They then turned
& around and drove back into the yard and Il
j the rear OF the house of Irving Nhitcomb
4 Foster also turned bis team around and wen
I to Whucamb's. and there in Whit
. combs yard Foster struck Rsdmon,
= over this bead with a stick of wood
{ Air. BrowneA testified that tho blow knocke,
h Redmond down and that he did not sa,
z anything fer few minutes. Only fey
n words passed between the combatants here
2 After this Browncll and Redmond continue
II on to Wili,ston, going via what is known a
/ "Froncn liiil' TO Williston village and ol
L to where Rcdmond lived, somo three mile
out OF their way, to escape observation, a
o Mir Browne.l termed 1t. They reached
q Radnoud's home at 5 p. m, and Mr
h browucll left him. he being apparently al
k right The remainder OF the States evi
$ dence was TO the effect that Redmond wa
q naveroly injured and was critically i'll TO
o some tImo.
It The respondent claimed that when Rad
Y mond and Brownell caught up with them
y they were intoxicated that be offered to lc
C them pass and they told him to drive on O
e they would run over him; that they use
10 abusive language for some distance an
IS finally Redmond got out of the wagon an
= ran alongside Of his wagon. He the
jumped out and fight ensued, after whio
70 no followed them with the intention OF learr
10 ing their names; he also intended to 90 I
n Roswell Browns, who he understood WI
Is one OF the town authorities; that the strik
=, ing at Whitcomb's was a continuation {
II the first atRrGy, and the result OF anger I
1t the treatment ne had before received fro