The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-11-06


in Titcomb's hand; also glasses. The rst
thing to attract his attention was the
rattling of glassware. He saw bottles after.
ward on the first line Of troughs. Was
from four to six feet away from Titcomb at
the time, and some people were between
them. Saw him at side view. Titcomb
had been pointed out to him EARL Or, that
day, lat the hatchery. The incident occurred
at the time the stripping process was go.
ing on.
@. A. ADAMS, who represents Thetford,
was member OF the joint committee on
game and fisheries. He was at the hatch.
cry two hours, more or less. He first
looked over the fsb-spawn; then the ice
house; then went into the main hatchery.
1t was nearly half an hour before he en-
tered the hatchery. Most OF his time was
spent in and out of the hatchery. Saw
spawn taken from trout. Saw people drink
from the bottles. Heard Titcomb say in
the ante-room: Gentlemen, there is a little
left In there. Go in and clean it up. Think
there Ia one full bottle left" Saw full bot
tie In grip; also another bottle. Saw a
package done up in paper.
JOHN Q FLINT was recalled, and testified
that there are enclosed two acres in the
hal cherry. There were fifteen watts.
The state closed its evidence at $3.50
O'Clock on Friday. After an intermission
of twenty We minutes the respondents
counsel recalled, as first witness
SENATOR BAILEY, who testified that when
he went into the hatchery the grapes, bot
ties and cigars were already in trough and
that Tltcomb was outside of the hatchery.
HENRY s. BRITToN member of the
prese at legislature, testified that he was not
personally acquainted with Titcomb at that
time; that Tilcomb had not entered the
hatchery until after he had made his
speech, which was co nmenced right after
the exhibition outside. He went into the
hatchery with 9. c. Warren.
G. G FLETCHER OF St. Adams, reporter
for the senate, was the last witness for the
defence. He saw Senator Allen open a box,
| about foot square, and take out the con-
tents, which were bottles. He placed all
but one in trough; that one he placed in
grip. Ii comb was not there when the
box was opened After that he went out,
and stat ding on the piazza, 9ard III combs
speech He was cross.examued by Mr..
Lamson. He had known Titcomb five
years, while witness was at work for Rut-
| land Herald Titcomb was in the employ of
the Howe Scales Company. Did not go
| into room at hatchery for about an hour,
and the first time he was in the hatchery
saw some whiskey there. Drank from bot
! ties on two different occasions. The bot
| ties he saw taken by Senator Allen from
the box were quart, fiat, short necked bot
| ties.
Respondent rested his case there. The
! opening argument for the state was made
| ny H. OtuJtr. ne WAS IOllOW6u by w Z.
A. Lord and w. P. Dillingham; for the re-.
spondent.
The closing argument for the state was
made by j. P. Lamson on Friday evening,
and was about an hour in length. The
charge of Judge Thompson followed,
the principal features Of which were that
the state, to secure a conviction, must
prove that Intoxicating liquor was given
away October "a, 1894, by the respondent
himself, or that he gave it by being aided
and abetted by some one else. He held
that il liquor was furnished by Allen, even
though the respondent was custodian of
thu property, he would not be guilty also
that the fact that the respondent did not
! testify in his own behalf was not to be
taken against him. The states specfca-
tions called for seven convictions. The
liquor which Fletcher, the defendants wit
ness drank, was not covered by the states
| specihcatio as. The case was submitted to
the jury at 8: 80 o'clo tx Friday evening.
Saturday morning, at 8: As, the jury re.
| ported to the court that they were disagreed,
and were sent back At noon they again
reported that they were still disagreed, and
| were discharged from further service in the
case. 1t is understood that the jury stood
eight to four in favor of conviction, and
that the dissenting jurymen were John Fl.
Jones, A. G. Andrews, M. s. Strong and A.
| q. Slayton.
Monday afternoon, on motion Of State 8
| Attorney Stanton, the case was continued.
| The case Of State v. @. @. Warren in which
respondent is charged with giving away in
toxicating liquor at the same time, was also
continued