St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1896-07-24
THE WAY TRIAL.
The Evidence Concluded Wednesday Brief
Summary Of the Evidence for the Respond
ent.-Abstracts Of the Lawyers Pleas.

way 1Or tue murQcr OF MS Wlie the ue-
fense began the case Thursday. On Fri
day morning Marcellus Way took the
stand. He lives in Barton and is twin
brother of the respondent. He told Of
the mothers epilepsy, Marshalls visit to
his home in Barton and how melancholy
he was over the prospect of having his
property divided. He stayed with him a
week and passed sleepless nights and
was much excited during the daytime.
Witness said his grandfather was taken
insane while at the legislature at Mont
pelier.
The defense then introduced about a
dozen witnesses who testified to their
long acquaintance with the respondent
and how they considered him at times
out Of his head, unnatural, moody aud
exhibiting various other symptoms Of
insanity.
Saturday afternoon the expert testi-
mony began. DR.. ]. r. Nelson of St.
Johnsbury, DR.. Crossman of Lisbon and
Dr. J. n Gibson of McIndoes all pro.
nounced the prisoner insane. The state
introduced DR.. E. B. Minis, superintend
ent of the Northampton Lunatic Asy-
lum, and he was kept on the stand long
time and severely crossexamined by Mr.
punnett. DR.. Minis pronounced the pris-
oner sane man and gave many facts
about insanity and the causes leading up
to it.
On Monday the state introduced Dr.
Charles P. Bancroft, superintendent of
the Concord Insane Asylum, and he tes-
tilted that the respondent was sane, and
never contradicted himself during three
hours of cross examination conducted
by Mr.. Bates.
On Tuesday and Wednesday morning
the state introduced a large number of
witnesses i'll rebuttal. They were all old
acquaintance OF Way and they all testi-
fed that they had never noticed any
| symptoms OF insanity.
The arguments in the case were begun
Wednesday morning. The court room
which had been we'll filed during the
trial was crowded to It's utmost capacity
during the arguments and there were
more ladies present than gentlemen.
C+o+a's Attor,av Ta,1or o,,auad +ha n -.
gument for the state at 10 O'Clock and
spoke two hours.
TAYLoR's PLEA.
States Attorney TAYLOR reviewed the
testimony i'll a clear and interesting
manner On the question oil Insanity Mr..
Taylor said that the testimony of ex-
perts did not show it and that neighbors
who had known him for years had no.
ticed no marked change in language, con-
duct or appearance. 1t the tragedy had
never happened no one would have
thought OF accusing him of insanity
There is no doubt but what the man is
perfectly sane. The concusioniS is reached
that this man has committed the lowest
possible crime in the category, and it is
to be considered if there is any excuse
which will reduce this crime below the
first degree. 1t is natural to look for
motive, because if crime was meditated
here must be motive for it. To look
up this motive we go over the testimony
concerning the past history of Mr.. Way
and wife. Evidence shows Way hard
working, penurious sort otman OF strong
physique. Mrs. Way was apparently a
frail woman and has been through much
sickness. Way did not go to church or
go to gatherings ofthe people but stayed
on the farm or at home and devoted him.
self to business. Mrs. Way attended
church, liked to have her children go
liked to get out among the people. Way
insisted that the children should stay at
home with him. There were family
troubles the first year of their marriage
and Way went out once intending to
leave. They were evidently never in
tended to live together. Severalincidents
related by witnesses tend to show what
the real feeling was between the two.
| On one occasion Way met his wife COM
ing home in team from a visit and
walking along side the carriage shook
his fist in her face and swore at her. He
was provoked on one occasion because
she was sick and said ifit wasn't for the
law he would blow her brains
out Again when she was sick he said
the only trouble with the - - bitch
was that she was lazy. His favorite
terms in speaking to her seem to have
been you - black bitch, town pauper,
fool. All this showed the real feeling of
the man toward his wife. All through
these years he had real feeling OF hatred
towards her or he would not have used
these threats.
About two years ago last fall Mr..
Way moved with his family into the vii
lage. Here the family troubles took on
a more serious shape than before. 1t is
not possible to analyze the feelings of
Mrs. Way toward her husband. Evi.
dence shows that she was chaste
woman. There were frequent quarrels
between the two and some testify that
she usually had the first and last words,
but this is not clearly shown. There
were frequent outbreaks and a lady who
lives across the way once heard Way say
that he wished he could spill her hearts
blood. The evening after Harley's death
he told her to clear out; he had no more
use tor her. Eddie was old enough to
take care OF himself and he (Way) could
look out for himself. Evidence shows
that Way was repeatedly proiane to his
wife. They doubtless aggravated each
other.
1t would seem as if the man had the
motive for years, held in check by fear of
law, but the fear was finally overcome