Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1895-05-09
CRUELTY TO ANIMALS.
Two Cases Heard but State Fails to Convict.
Matter DrOpped.

Two Cases Heard but State Fails to Convict.
Matter Dropped.
For some time past Cambridgeport
has been wrought up over some alleged
cases of cruelty to animals. The eli
max was reached last Thursday when
States Attorney Fits of Brattleboro
came to town to prosecute cases against
Thomas Penniman, George Luce, Bert
Thompson and Fred Taylor.
These cases had been pending for
some time, the first trial being set for
April II. A continuance was taken
until April Is, but owing to the flood
was continued until April 80, at which
time in order to accommodate the state
another continuance was granted until
May 2. When the trial came off last
Thursday probably 40 witnesses in all
had been summoned by the state, and
half that number by the defense. The
state witnesses are entitled to so cents
per day and cents mileage one way.
The taxable costs in the first case, State
VS.. Thomas Penniman, were over S35.
One other case was heard in which the
costs were about the same. There were
also costs for each of the continuances,
so the entire cost to the state up to date
is between 500 and S125.
1t is currently reported that the state
humane society was behind the prose-
cution in these cases. 1t is true that
| w. A. TruaX is a life member of the
State Society for the Prevention of Cru
city to Animals and that he was in
strumental in bringing the facts on
which the prosecution was based to the
attention of the states attorney, but
further than that the society had very
little to do with the matter.
Thursdays Proceedings.
The four cases were set for Thursday,
but it took SO long to empanel jury
that but one case was heard, State VS..
Thomas Penniman. Justice c. H.
Williams presided, and Constable Bue-
mond hustled all the forenoon and I'M
til O'Clock before jury was finally
secured, composed of the following
gentlemen N. H. Farr, John Will
moth, Ira Earle, Randolph Dodge, Eu-
gene Norwood, d. M. Thayer.
Henry Buxton was the first witness
produced by the prosecution and told
a pathetic story about Penniman' IS
treatment of pair of oxen last March.
Penniman, he stated, tried to drive an
OK team drawing cart two thirds full
of gravel through deep snow drift,
getting stuck three times inside quar-
ter of mile. To make the oxen draw
Penniman beat one OK while a COM
panion used similar suasion on the
other beast. Penniman used the broad
blade of shovel, the other man whip.
Cross examination failed to impeach
his testimony.
Andrew Blodgett saw the team in
the road and heard the blows made by
the shovel nearly half mile away.
He jumped on one horse and his son
on another and both went to the scene
He said Penniman had overloaded his
teams all winter and on several occa
sions had seen him use whip when
the team was doing all it could to draw
the load. Being cross examined he ad
mitted that he was SO far away that he
heard them.
HI. J. Hastings saw Penniman draw
ing logs past his place last winter. Or
} one occasion respondent told him he
had on Ii cords of green wood, which
) Mr.. Hastings said would weigh from
5000 to 5000 pounds. The cattle were
thin and would weigh about 32O(
pounds.
Charles Willis swore that he saw the
team on this occasion and saw PENN.
man strike one OK broadside with g
chain.
The case was argued by H. d. Ryder
and States Attorney Fits for the state
and G. HI. Robb and F. A. Bolles fol
respondent. The case went to the jury
about 6 o'clock, and after being out
about 40 minutes the foreman an.
nounced that they were unable to agree
upon a verdict. The case was nolle
pressed in the morning and the defend
ant Immediately re-arrested on other
charges. 1t was learned that the jury
stood to 2 for acquittal Randolph
Dodge, d. M. Thayer, Ira Earle and
John Wilmoth standing for acquittal
and n. HI. Farr and Eugene Norwood
Cor conviction.
Friday Morning.
Friday morning the case of State VS.
George Luce was called, but again q
delay in getting a jury put the case of
till the middle of the afternoon when
the following were sworn as jurors
Frank Phelps, A. H. Bissell, w. S.