The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-12-16
Washington County Court.

| w. iianooCh, recalled, by Mr.. Sburtlef
w euhesday morning could not state pos
ltlVeiy whether the infant, when found, lay
on its side or face
Or. Bisbee, recalled, said color of child at
ume OF examination was pallid, nothing
| peculiar about it,
Mr.. Cogstor, recalled. said that H. was
hard Tor him to tell Just how child lay as it
was rolled up in cloth. His impression was
that 1t lay on its side.
Carrie Richardson, a girl now nearly
twelve years of age Of South Barre, was at
the Nokes place the night Of the childbirth
Slept up stairs and testified as to illness Of
MISS Jones that day. Heard Mr.. and Mrs
Nokes say they had better have a doctor
Went to bed at eight O'Clock or half past
seven. Heard Mr.. Nokes say he would 20
to barn. Had been asleep. She did not
think that there could have been a baby
with Emma Jones in the morning and she
not have seen 1t.
Will Utton, Worcester, lived some time
two years ago in Nokes family. There are
three living rooms and a back roo N down
stairs, a kitchen, buttery, and bed room be-
low. Mr.. Nokes slept up stairs. Supposed
Mrs. Nokes and Miss Jones slept down
stairs. Did not know IL any place except
bed room below where he conld nave slept
unless he made one up. Testified as to hav-
ing been called there to quel disturbances.
The two occasions when Nokes had been
creating disturbance when he was under
| the influence of liquor.
| DIR. j. III. Lindsey connected with Bur-
| lington University, did not see anything
| from Hypothetical question put to him but
! fracture Of skull, which could cause deatL.
A clCt of blood after death never becomes
| as hard and firm as one formed before death.
| Was shown the bones of the fractured skull
and thought fracture like that could be
produced by pressure or blow.
William Gabree of johnson, testified that
in the latter part of the summer, two years
| ago, while Nokes was staying at his house
in Morristown, he had gone into the kitchen,
thought for some water at three or four in
the morning and had found Nokes and
Emma Jones asleep on a buffalo. Was at
Nokes place the day he was arrested, Nokes
wanted him to say that he would father the
child for him. His wife is Ella Jones. She
is a sister Of Emma Jones.
The state rested it' case shortly afte r
coming in of the count Wednesday after
noon. Sarah Nokes, respondent, and wife
Of Martin Nokes, testified in her own be.
half. She placed an Innocent construction
on her words to Dr. Lance at time Of birth
| Of child where he had testified as to her
wishing it it was dead. Her testimony was
to the effect that after the doctor had taken
his departure, she had fallen asleep. Did
not know how long she had slept. Doctor
had gone away between eleven and twelve
o'clock. On awaking she went into the
kitchen. Nokes was lying dow in kitchen.
When she went into the bedroom she took
the baby, and went with it into the kitchen
just when she discovered it did not breathe
is not clear, but soon after she had taken it
up. She testified as to the bloody clothes
some of which she had washed. Thought
the baby bled to death from the naval
Wral ped the child up the last time it was
wrapped and handed it to Nokes. Did not
go out to the barn. Nokes went away
alone. Did not wash the cnild. Had never
seen any improper relations between Nokes
and Miss Jones She and Emma Jones had
done work together. Any time her hus.
band was sick he would sleep on bed in
the kitchen.
Martin Nokes also testified in his own be
half. Referring to night of child birth, he
testified that no particular conversation had
taken place between him and the doctor
about Emma Jones. He placed the de-
parture of the doctor at nearly twelve
o'clock. Kept fire. Laid down on same
bed doctor had been previously occupying
and dropped asleep, Was awakened by
Mrs. Nokes, VINO said 81 guess the baby
is dead" He corroborated Mrs Nokes' pre-
vious testimony as to what she had done il
trying to bring the baby TO life, and wa
told BY Mrs. Nokes that the Jones CIR
wanted the baby buried where she coulC
take it up and have it buried beside he
friends. Had buried it at the bottom of al
Old bay in his barn so newhere be weeI
twelve and fourteen inches deep. Informed
DIR. Lance June II that there was no bah,
there. First told Heman Hancock wher,
ch,ld was, also went and saw Mr. Clogston
aud testified as TO conversation between
them. He denied having had improper re
lations with Mss Jones while she lived witt
him. Was not the father of child. Denied
having done any injury to child. Neve
saw its features
DIR. j. Henry jackson, Barre, was i'm
proved for defendants Thursday morning
His testimony was to the effect that If The
color of a child when born is blue, circu
A nt liSha I ha. Il a d..
it a healthy child. Ordinarily in health!
child there is rosy color. Ordinarily i
umbllical cord is not properly tied wOult
bleed. Occasionally If cord is stied ant
properly Tied it will bleed. Spoke of TIVE
instances in his practice where death hat
occurred. 1t is not necessary for child Il
lose large quantity of blood for it TO die
Witness was questioned by Mr.. Shurtlet
on an hypothetical question as to the posi-
bility of the injuries which child had re
ceived to the bones Of the head being causet
by the treading of Mr. Nokes in burying il
which he answered Automatically
Judge Stanton was questioned by de
fencs in reference to minutes of testimony
taken at inquest at Worcester as regards
the testimony of DR.. Chandler in wheel
there were some discrepancies from DIR
Chambers I, imony on trial. Did no
write anything but what was said, but did
not write all that was said. 1t was latt
and wrote very rapidly.
DR.. ID. G. Kemp, Montpelier had at
tended ,49S cases in childbirth In a child
born blue the circulation is not properly es
tablished. In a healthy child color is ligh
red. Often have more or less bleeding from
umbilical cord. He had never had any
cases where there was a death at the time
Had known of cases from bleeding which
proved fatal. On being questioned on tn,
suppositon that the grave had been stamped
on by Nokes, he testified that he shout,
suppose it would crush the head.
Frank P. Tewksbury, constable OF Wor
cester, next called. Papers we're given u
him last June to arrest Nokes Was a
Nokes' house about twenty minutes in at
ternoon. Saw Mr.. Gatree while there will
whom he had talk. Thought Gabree'i
reputation for truth and veracity was be
low par.
Emma Jones of Worcester testified tina
she is seventeen years old. Father is dead
Mother in Waterbury asylum. Went q
work for Martin Nokes four years ago
With reference to her pregnancy did no
know until Dr. Lance made an examina
ton. Learned result Of examination from
Mrs. Nokes. No conversation passed a