The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1895-11-08
STELLA GREENS TRIAL.


The Bellows Falls InfanticIdc Case-The
Expert Testimony and the COntrover-
sizes IL InvOlvcs--rhe Extreme Difficulty
OF Conviction aiid the Statute Under
Which She is Likely To BE Held, If
At All.
The county court convened at New
fame Tuesday, after it's recess on ac.
count of supreme court at Montpelier
and the criminal dokcet was at once
taken up and the case called of Estate
v. Stella Green Of Bellows Falls for
the murder of her bastard child. The
complaint is drawn with evident ex-
pectation that ::ske can be convicted
only under the special statute referring
to such cases, See. 1890 which pro-
vides that where a woman is private
IL delivered" of an illegitimate child
and it is found dead "under such cir
cumstances as to create strong pre-
sumption that twas born alive and
came to it's death by the premeditated
and wilful neglect, violence or procure
ment of the mother" she shall be
imprisoned not to excel three years or
fined 500, or both. The next sec
tion provides that il the evidence is
not sufficient to prove murder the jury
may find the respondent guilty of
felony as provided by Sec. 1880. 1t is
rather curious statute for so grave a
crime but the reason is that infanti-
eide is the most difficult OF all crimes
to prove and where the murder CAM t
be established beyond a reasonable
doubt" and where acquittal would be
necessary, this statute makes the
'strong presumption sufficient to
hold for the lesser penalty. The law
in olden times, as SO graphically told
in Scott's story Heart of Midloth-
ian, " used to make this presumption
sufficient to hang regardless Of the fact
that some 10 per cent. 81 the births on
the average are still births, which
would mean that 10 out of each 100
unfortunate mothers so punished,
would be hung for a crime which they
did not commit. The Vermont statute
is modifiactoin this old idea.
The evidence in This case, so far as
il is in, seems to point to the result
contemplated by the statute 10 a
strong presumption but not to positive
proof that the child died of neglect. |
the element Of wilfulness being the |
one for the jury to determine. The |
conditions for proof are:about as bad |
as they can be. The body was in the |
water some time, then was kept in |
cellar for day and then buried and |
finally exhumed for the autopsy, |
which seems to have been hasty and |
incomplete.
Henry Beumond, an employee ,of the |
Guild d Wetherbee mill, was the first |
witness. He testified that a part of
his duties was to keep the hulne of the
mill raked out and on June IL last he /
dragged out starch box, wrapped in
calico, with paper underneath and
wound with strings at both ends.
Opening it, he found it to contain the
body OF a baby lyir front downwards
and with the head drawn down under
the body. He notified his employers
and they notified the selcctmen. He
also saw the body later in the day
after it had been taken out of the box
and said it was full grown child. He
noticed that there was piece of apron
string tied around its neck, and there
was piece of carpeting in the box
with much blood on it. He identified
all these articles in court.
Geo. o. Guild corroborated this
testimony, identified the articles and
also described and explained the loca-
ion of the mill and the dam and the
bridge which crossed the river on West
Minister street.
Selectman Charles Spaulding of West
ninster told of going down to the place
where the child was found, saw the
hid and the contents of the box. took i
harge of same, kept them in his cellar
Until next day at noon, when he
'uried the box with the child in it in
lis garden: he that afternoon about ,
O'Clock dug up the box and turned .
t over to Chief a. II. Thompson of q
fellows Falls. He also identified the q
tring and carpeting. 7
Then with this foundation, began o
he real battle of the case, the medi- n
al testimony bearing on the question \
'hether the child was born alive and s
so how it came to its death. Drs. r
J. S. Albee and }. S. Hill of Bellows =,
alls, who performed the autopsy. and r
'r. III. ID. Holtou of Brattleboro are n
applying the expert testimony and in /,
for the state and DIR. Z. r. Il
of Bellows Falls and DIR. b. +,
:. kechum for the defense, and all a.
re in constant attendance during the NJ
'ial. DIR. Albee was first called, and h
lie defense a once raised question 9.
J to whether Miss GREEN'S admissions Il
, him should be admitted in evidence. y
he objection was based on the ground a,
lat she was under duress and fright +,
led, that she was called to the kitch- r.
J of the Rockingham hotel at nearly a,
idnight June 26 and confronted by II;
hief A. II. Thompson, who told her a,
ley knew all about it, and it would q;
, better for her to own up, and after N
le had made her statement to him he n,
lied the next day with DR.. Albee and 4,
It her to repeat it in his presence. >;
ldge Tyler sustained the objection as r.
her admissions to Thompson that r.
ght, but held that what she said in n
o presence of DIR. Albee was admis- q,
BILE because she had then:had time to r.
ink it over, and could not in any aY
nse be said to have been under Fl
lress. After this objection was raised a,
e jury was sent out of the room and oi
iss Green put on the stand. She Of
'ore that when she reached the h,
tcheD, whittier Proprietor Moseley of IN
e Rockingham had called her, M
,ompson said, Now have got you sa
st where want you. when asked ly'
lat she said to DIR. Albee she said, Is
told him all / knew about lit. an an
sr admissions to the doctor or in his m,
essence, as he testified, were that the av
lid was hers, thst she gave birth to M
alone and unassisted at the house Oh
F. NJ. Wilson where she was en- ev
,yed, that it was still born or at
Ist she supposed it was, that she orr
pit the body in bureau drawer one 90