Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1895-12-27
Windsor County Court.
CONTINUED from sth page,)

last week. The getting OF Jury oiu NO
occupy long time. The state challenges
two Jurors aud the respondent one. Tw'
were excused and the panel being ex
hausted, two talesmen were called, Doll
living at Woodstock
Tho Jury as constituted consisted Of tn
following names: P. M. Wiley, Sharon
James ri. Goldsmith, Weathersheld; F
Hammond, Baltimore; John Pinney Lud-
low; Joshua Uphapl, Weathersfield; John
i A. Cragin, Weston; Ralph e. Jaquith
West Windsor; George I. Lawrence, Lud-
low; John w. Hazletlne, Andover; @. 3
Holden, Felchville; H. P. Clark, Wood
stock; Gilman F. Robinson, Woodstock
III The indictment was then read TO the ~.
nv and 1t charges in substance that said j.
4 Marston Ryder, tat Rochester, in the
county OF Windsor, with force and arms,
a certsin male child, then lately born, 81
4 the body OF Cora M. Smith, which said
male child's name is to the grand jurors
unknown, did feloniously, wilfuIly and OF
Bis malice aforethought kill and murder"
Cora M. Lewis testified that In the sum !.
mer OF 1894 her name was Smith and she
lived with her parents at Rochester. She
was then pregnant and one Fred Austin
was the cause OF her condition. In August
same month he called to see her at her ia.
theirs. He said, elbow are you feeling?"
and she said, every we'll only / have a
continual pain in my side" He said,
"Hold hot griddle to 1t, that will relieve
it,n She replied, "Oh, dear! l am so dis
couraged hope will die and the baby
too" To which respondent said, "Never
mind the dying. il there Is any dying
done, will attend to that"
The next time Cora and the respondent
met was when lie was summoned to her
bedside in childbirth. This was about
midnight Oct. 23d. Cora was in great ag-
ony in the pains OF labor and there was
some talk about sending for other assist
ance and Mrs. Ryder was sent for. When
she came Mrs. Sheppard, mother OF Cora,
Mrs. Ryder and the respondent attended
to the birth OF the child. The labor was
very protracted and it was not ended until
the afternoon OF the next day when the
child was born. Cora testified that at
some time during the labor Dr.Ryder said,
~ wish the -- young one was in
h." Soon after the child was born the
respondent said to Cora, ST anyone says
stillborn." Cora asked him who was to
pay the bills and the respondent said,
'Fred Austin and l have that fixed all
right Later Cora heard the respondent
say to her mother, Sometimes we burn
them,p but did not know to what he re-
ferred.
Cora's mother, Mrs. Sheppard, corrob-
Grated the s tory told by Cora, except that
Mrs. Sheppard said that what the doctor
said was ~ wish the little devil was in
hell" Mrs. Sheppard stated that during
the progress OF the confinement Cora was
getting black and blue and witness said
something must be DONE Thereupon the
doctor said the water sack was so tough he |
could not penetrate it and he must cut it,
which he did.
When the child came / heard it cry |
couple OF times; then Cora tainted. Wit |
ness asked to see the child and was told 4
by the Ryders she could not see it andsl
then II called upon in court she would I
have nothing to say. Witness then left |
the room. Returning soon after she went
to the crib and saw the child, which looked
like marble, and the sheet on which it lay
was all bloody. The doctor said it was a
stillborn child. Witness asked what
should be done with the afterbirth, to
which respondent said, "We sometimes
burn them" Then she asked him where
they should bury the child's body and the
doctor said again, sometimes we burn
them"
AT the time OF the childbirth heard DR..
Ryder say he wished the little devil In
he'll.
In cross examination 1t appeared that at
the preliminary hearing this witness had
not stated many things she testified to At
the present trial. She explained this by
saying she had had time to think OF the
matter since then and many things had
com to her mind.
Mr.. George Sheppard, father OF Cora,
testified that he went after DR.. Ryder and
On the way to his home he, witness, asked
Ryder who was to pay the bill and the re- |
ply was Fred Austin would pay and asked
how much 1t would be, DR.. Ryder said If.
teen to twenty dollars. Witness asked il
that wasn't rather steep and Ryder replied,
ID him, he will have to pay for It,"
Witness was only present a short time In
The room, and left; when he returned the
body OF the child was in the crib; the
child looked white and the sheet on which
/ rested was saturated with blood. The
body OF the child was placed in box and !
xept in the cellar. In December Paul !
rinkham and States Attorney Enright
allied for the body and it was given up.
Henry l.. Cary, in October, 1894, went {
With Austin to call on DR.. Ryder at VIM.
doisington's where the doctor was stay
ng. AS Austin and witness were In the '
cam ready to return, heard Austin say &
omething to the doctor to which Ryder
eplied, ~ will fix everything all right.n ]
alking about.
The state then showed the body OF the
hid into the hands OF DR.. Huntington OF
rochester and his son. These two doc
ora, in company with Drs. Green OF Beth
i and Fish OF Koyalton, made post NOR
EN- examination the child and found 9
body; two small punctures
n the skull which did not penetrate the a
rain; Dl0od-vessels almost empty OF b
lood. The lungs were placed in water "
nd fioated. On what they found, and on "
he evidence given by the state, the doc.
DIS were OF the opinion that the child =
ad been born living creature; in their .,
pinion death had resulted from hemor- y
hage, DIR. Fish thought from the navel 4
ord. When the body was examined, IL
ring with circle and knot In II was on i,
ne body as though the navel had been
ed in the usual manner.
On the part OF the defense only two wit. :,
esses were introduced. In order to meet =.
10 testimony OF Sheppard as to the re- = :,
charge for services, the defense y
Introduced Mr.. VIM. Hoisington, who y
reduced the original account OF DR.. Ryder +;
ade out to Fred Austin for eight dollars. !. =
hen the respondent took the stand. He "
Did OF his engagement by Austin to at 4 +
md upon Mrs. Smith in childbirth, On 3.
ne I'D OF October he had arrangements ~
ade for trip to New York with his
lie. They were going via Boston and to
lat point he had secured excursion tick
s.. lie was to have gone The very night
was summoned by Sheppard and SO in
lrmed him w hen hp M Hold Raoror.sa...J