Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-09-17
The Smith Davis Hearing.
The Evidence of DIR. ]. II. LinsIey Was
Not Ready, and the Hearing Was Adj
jOurned---the Only Damaging Testi-
mOny Was by BrItteIIe.

The Evidence of DIR. ]. II. LInsley Was
Not Ready, and the Hearing Was Adj
jOurned---the Only Damaging Testi-
mOny Was by BrittelIe.
The hearing Of Smith Davis, charged with the
murder Of Cora Cushman Of Lincoln, was called
before Justice H P Sherwin at Bristol last Fri
day. States Attorney Fish handed paper to
payis's attorney stating that he wished to amend
the original charge Of murder in the first degree
death resulting from the administering of poison,
TO murder without specifying the cause of death.
The report of DR.. J. H. Linsey Of Burlington,
who removed the stomach from Miss Cushmaus
body, not ready. Eighteen witnesses were
sworn. Arthur Cushman the dead girls brother,
Lincoln testified III regard to the finding Of the
body, the disappearance of the girl, etc
VIM. Brittelle testified that he went with Davis
to the hotel IN Lincoln to consult Or Smith" or
Norman Henry Davis said to him on the day of
the girls disappearance I've got something in
my pocket that will do the business, and some
day It will be money in your pocket" He said
one day three weeks earlier Vivian Barrett Dora
Cush.nan's sister, Dora and Davis were all at the
hotel to see Or smith Drittelle told Of carry
ing Mrs. Barrett to Warren and of meeting there
Poland, vi no gave him "A cologne bottle contain
ing reddish colored liquid, with instructions to
give il to DAVIS. and to tell him that two tea
spoonfus should be given in alcohol as hot as she
could stand il. Btittelle told how he asked Dora
to 20 to the pasture where her body was found.
he would meet her there. Willis Clark, re-
porter of the Burlington Free Press told of Da-
yis's confession to him while on the train from
Essex junction to Nergennes. Davis told of DR..
Jocelyn's connection with the case, saying the
doctor gave him instrument. The scene on
the bank after Dora took the instrument from
his poe 81 was told. Davis stepped of about ten
feet, and turning he saw Dora fall and he rushed
to her side He thought she had tainted and
famed her with her hat. He saw she was dying
and deserted the girl who was passing into the
world beyond The visit Of the next day was
told. Davis tried to squrm out of his confession
by saying he had no recollection Of the conversa-
ton.
DR.. Arson NJ Norton y no was present at the
autopsy conducted by DR. j. H. Linsley testified
that there no evidence of the use of an in
strument. No evidence of poison was discovered
at the autopsy, and Dr. Norton said that he was
unable to give the cause of Miss Cushman's
death. DR." Norman F. Henry Of Rutland,
peddler of catarrh remedies, who has been under
arrest since Aug. l6 and confined in the Middle
bury jail was the next witness but added little to
what had already been told. In a conversation
with Davis he had told him that only an expert
should hope to succeed in performing such an
operation as he mentioned.
The hearing was then adjourned subject to the
call of the justice at such time to be agreed up
on by the counsel. Smith Davis was taken TO the
Middlebury Jail by Deputy Sheriff Cobb. Nor
man F. Henry. who has been in Middlebury jail,
and VIM Brittee, who has been in Jail here
since Aug l6 were allowed to 20 on their own
recognizance to appear at the sessions of county
court the first Tuesday in December F. w, Nc
Gettrick of st. Adams is Davis's counsel.
DR.. II. S. Jocelyn of Bristol had preliminary
hearing before Justice II. b. SherwIn Monday,
charged with furnishing Smith Davis with nstru-
ments used in producing Dora Cushmans death.
Dr. Joeelyn is a dentist and has practced in
| Bristol many years. States Attorney Fish APP
| peared for the state and f. w. futile Of Yer
genues for DR.. JocelYu. There were Is wit
| nesses, but the evidence given tended TO show
nothing particu arly striking. There was testi-
mony introduced tending TO show that Dr. Joce.
| Ign bought two surgical instruments at Bristol
drug store not long before the DEATH that Davis
was seen at Jocelyn's house. and that a box
which might have contained the Instruments was
| found IN Daviss trunk. Justice Sherwin decided
to hold DR.. Jocelyn for the grand jury, and fixed
his bail at $500. G. p. Brush became his bonds
man and he was released.