Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-11-15
IT PHd5NIX BRATTLEBORO FRIDAY, NOVEMBER
w1NpHAM COUNTY COURT.
The Criminal Docket---verdicts in the
stella Green, Fred johnson and Chss
n r.sea

The Criminal DOcket---verdicts in the
stella Green. Fred johnson and Chas.
u. Rice Cases.
In the case Of state rs Stella Green, which was
an Indictment for the murder Of her iegitimate
child. and was reported last week. the jury at II
O'Clock at night Of last Friday returned verdict
finding. her guilty Of a felony in that she was
privately delivered Of illegitimate child, which
child was found sead under such circumstances
as 10 create strong presumption that It was
born alive and came to its death by the premed
tated and willful neglect violence or procurement
Of the respondent. A motion in arrest Will be
filed by the respondents counsel upon the ground
that no such verdict can BE- legally predicated
upon the Indictment for murder upon which she
was charged and tri d
The Arguments in this case were finished at the
afternoon session Friday. AT : O'Clock in the
evening Judge Tyler began his charge, which &C.
cupied about one hour. the jury taxing the case
At O'Clock and remaining out three hours. IL
was the understanding at Newfane that the yer
dict was a compt omise, the jurors at INST stand
ing three for murder the INST degree, three Tor
murder in the second deg *, and 81 ior &C
quittal on the ground Of insufficient evidence
states Attorney Fits and Bodies Tor the prose
cution. Robb and Ryder for the resp 'ndent
saturday morning the court took recess until
Monday at 2 o CLOCK p. y.
on the reassembling Of the court Monday the
case was taken up Of state -. Fred johnson OF
Jamaica which was an indictment Tor an assault
with intent to xii and murder one Leon johnson,
he the said Fred johnson, oeing then aud there
armed with a dangerous weapon. IL appeared
from the evidence that The respondent and Leon
johnson are brothers. the fOi rner about - years
/ old and the latter some Is or 10, but OF man
growth The evidence on the part OF the state
| tended to show that Leon lived AZ home with his
| father Lewis johnson OF West Jamaica and
| that the family then consisted OF the tatnrg,
| mother Leon A brother older, and the sister Jen
/ ME: that Fred had not lived al home for some six
/ years but worked for a neighbor 10y the name OF
Olson and that the best Of feeling did not e'Iist
bet~ zen the father and Fred, and had not ioT
! some years. That Mr.. johnson and . son had
| arranged 10 exchange work, and pursuant thereto
! Fred went up to his fathers the sunday morning
| Of MAY 5, 1895. with the view OF remaining there
| and beginning work the next morning; that be
| arrived there about ~ O'Clock. the father aud
| mother then having gone away for the day. leaV-
| ing Leon. his brother I'd. and Jennie al home.
That very soon thereafter Ed. left the house, and
| Fred took Ed = shaving implements and shaved
| himself. Leon went down cellar and procured a
| pitcher OF cider and after drink or two he and
| bred sat down ana amused themselves playing
the game Of high ow- jack at cards. that they
got pretty well filled with cider, 50 much 50 nat
| L4on vomited on the door. and Fred ordered him
| out OF the hous- and be left and went out OF
| doors: that Leon had been OUT only short time
! when he heard his sister Jennie scream and he
! went back into the house and found Fred endeaV-
| orlng to ravish her in the bedroom. both OF them
| being on the bed and the sister struggling 70 -
cape from him; that Leon seized revolver lying
| on a mantel piece near the bedroom door and
| threatened 70 shoot Fred If he Did not desist
The reupon Fred left the bedroom. wresied the re
pantry where Fred fired the revolver at him. the
bullet striking him in the eft cheek taking an uT'
ward and backward course aud has not yet o-er
found, though the doctors have protSed Tor II
| Leon aud Jennie then ran from the houss towards
| their nearest neighbors and as they were running
down the road Fred discharged two more shot;
from the revolver. The neighborhOod was ap
| prised Of the shooting and Fred was taken int
custody and the next day arraigoed before Jus
tice Phelps and in default OF bal was sent 10 jail
Were he has since remained.
The evidence on the part Of the respondent
| tended TO show that the respondent made no as
saut whatever on his sister Jennie, but that Whil'
| playing cards and drinking cider he ana D-oI
! got INTO dispute about the game, NLcreupoi
Leon jumped up, procured the revolver anS
/ threatened to shoot him; that Fred endeavore'
TO wrest the revolv from Leon, and 10 the sirig
! gle the revolver was discharged. accidentally
with the result testified to by the state Witnessfz
| although be did not know that his brother ha'
been hit by the ball until long after; that he dix
[ not discharge the revolver at all. either In tn
house or after the parties had got out doors; tia
the revolver GU Of repair and that the cyhn
der would not revolve except IL was turned viii
the hand: that the father had said 10 Leon that
Fred came 10 the house at any time 70 kin hin
With anything he could get hold Of; that soo
after the affair Leon had stated the circumsiince
TO several witnesses anc never pretended tina
Fred deliberately shot him at him. but that tn
revolver went off while they were struggling 70
the possession OF IL, and when IL went on fTe
had his left arm about his neck and that II Nigh
, have been discharged when it dropped upon tn
. floor.
The jury rendered a verdict Wednesday G
guilty Of an assault with intent to kill not bein
armed with a dangerous weapon.
States Attorney Fits for the prosecution
; Cudworth and Hit for the respondent.
/, state - Charles D. Rice. Indictment 10
adultery with one Stella Green Of Bellows Fall,
The evidence on the part OF the state tended {
| show that the respondent Is a married man resiC
ing at Bellows Fails and had been criminAlly II
/, innate with the said stella Green and was ID
, father Of the child Of which she was privately d,
: | livered IN June last
The evidence on the part Of the responder
, tended to show that he never had been guilty q
adultery with the said Stella Green and kne
nothing of her condition until after the discover
: Of the child in the raceway Of Guild Wethe
/ bees mill in June last.
, states Attorney Fits for the prosecution. r.
! | der and Robb for the respondent.