St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1896-07-17
VOL. LIX---NO. 3O77.
ON TRIAL FOR HIS LIFE.
The Opening Days in the Case Of the State VS..
r1arshaIl Way.-The First Day Spent In
Drawing Jurors.-The Case Attracting
rlany Visitors.

llany Visitors.
The case of the State VS.. Marshall
Way, charged with the murder Of his
wife on the evening of Wednesday, May
20, began in the county court Monday
afternoon, and will undoubtedly con-
sumo about two weeks time.
The state is represented by States
Attorney Taylor, assisted by his law
partner, Mr.. Dutton, and Wendell P.
Stafford. Bates & May, Dunnett &
Slack and J. T. Gleason of Lyndon
appear for the defendant.
Immediately after the case was opened
Lawyer Dunnett presented a plea in
abatement on the ground that stenog-
rapher was present at the preliminary
hearing before the grand jury. The court
overruled the plea in abatement on the
ground that the stenographer was not
present when the grand jury were delib-
Grating.
Deputy Clerk Simonds then read the
indictment and the respondent pleaded
not guilty to the charge of wilful and
premeditated murder. Immediately
after Mr.. Way advanced rapidly to the
bench and addressed the court in high
key, waving his hands in the meantime.
He asked to be allowed to tell his story,
and would have continued his talk had
he not been called to his seat by the
sheriff. This incident was so unexpected
that it caused ripple of excitement in
the court room, which was crowded
with visitors.
The jury were then drawn and as each
one was closely questioned it was not
until Tuesday noon that the trial of the
case began. Thirty-four men were
named before the IL were chosen. This
is the panel selected by the attorneys:
H. L. Rogers, Walden; Byron Wright,
St. Johnsbury; Charles A. Choat Bar
net Arsel Hall, Hardwick; Isaac NJ.
Hall, Groton; c. l.. Hines, Hardwick;
Q. A. Whitehill, Ryegate; Allen l.. Cay,
Ryegate; Edmund D. Kicker, Groton;
G. S. Wheatly, Hardwick; w. H. Gil
christ, Barnet; Walter ]. Perry, Walden.
The jury are kept in the court house
nights and of course have no chance to
discuss the case except with themselves.
Lucius M. Cree of Wheelock was the
first witness and he described in detail
the location of the Way house where the
murder was committed, the exhibiting
the plans of the house and the location
in the town.
Mrs. Rodney Orcutt was next sum-
moned and kept on the stand quite
awhile. She was neighbor and had
also worked there. She said she saw
Mrs. Way as she was starting to leave
the house on that fatal night and heard
Way ask her if she was going away.
Way then reached for a club and struck
his wife who fell against the wagon.
The horse started and Mrs Ways head
was then resting on the steps. Way
struck her twice more before help came
in Isaac Gray. Way then said to Gray,
Il know I've killed her; let me hit her
another clip"
LAWYER Bates conducted the cross
examination, but tailed to shake the tes-
timony of the witness.
Mrs. Ida Bruce testified to seeing
Way strike his wife three times with the
club and heard him say II will kill you
before you leave the house" She said
Don't Marsh" He said 81 will" and
then after he struck her said, 81 meant to
kill her; don't you suppose l know
what am doing. shall sufferfor it,"
]. c. Nelson of Wheelock told the jury
the hard names he had heard Way call
his wife and then described the murder
substantially as the previous witnesses
had given the story. Heard Way say
"Give me knife and will cnt my
throat Then Way said, 81 know the
penalty; have counted the cost" Af
ter Way saw the PROSTATE form he
said, "Oh, my God, what have l done,
/ have never laid finger on the woman
before. You may ask my children"
Charles Reed of Wheelock corroborated
Nelson's testimony in reference to Way
asking for knife. Witness said he
telephoned for the doctor and then went
for Mr.. Leslie, who arrested Way
When DR.. Jones arrived Way asked if she
was dead. On being told that she was
he told the doctor that he struck hel
when she was down for fear she was moi
dead. Witness then told how Way wa!
overcome with sorrow and remorse atte
the deed. When the officer started will
him to St. Johusbury Way sobbed anC
wept like child.
l. P. Gray of Wheelock was anothe
man who saw the murder and gave hi
version OF the affair. Witness said Wa
, exhibited no signs of griel after the NUT
. der until he saw his wifes body in tn
house. Witness said he had known Wa
for 35 years and his reputation 70
. honesty and industry was very good
Mrs. |. P. Gray testified to the horr
bly, profane terms Way used in referenC