Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1897-01-14
WINDSOR COUNTY COURT.

Romeo Ciough occupied most of the time
of the court from the reassembling after
the Christmas recess. until Friday evening
last. These two respondents were indicted
at the last December grand jury session
for an assault upon one John Esses, Sy-
rian peddler, with intent to rob. The Sy-
rian lived at Lebanon, N. H., with fellow
countryman, Joseph Yared, for whom Els
ses had been peddling. On tine 9Th of
September last Yared paid off and settled
with Esses, who started afoot for Lyndon
VILE 10 peddle on the way the goods given
him by Yared as part payment. The bal
ance of the payment vas fifty dollars in
currencv and silver. On the 10Th Of Sep
TENDER Esses, with his money in his pock-
ct and his pack on his back, was proceed
ing on his way hIough that part or the
town OF Norwich called "NeW Boston,"
He approached the house of respondent
Slack the latter and Clough were there.
Esses asked them if they wanted to buy
something. He took out his goods and
Sack took out bottle of cologne and be-
gan scattering its contents. Ciough took
out harmonlca and played on it. Esses
said "M hat for ?" and objected to such
treatment. One OF the respondents kicked
him, and taking his pack ne started away.
He had gone ABOUT twenty yards on the
road when one of the men called and said,
"Want a spool of thread" Esses turned
TO see and as he did so piece OF rock was
hurled at him, striking hlm in the back of
the neck and bringing him to the earth.
The UloW made him, as he said, "daZy."
While on the ground he was robbed by
the respondents, who came to bin, and
one of them, thrusting a hand into his
pocket, took theretrom fifty dollars. Then
they left him and he, fearing they would
kill him, ran hatless away, leaving MS
goods scattered on the ground He ran
across country to parallel road in hope
of finding fellow peddler, Selim CulliIn,
with whom he had parted at the fork OF
the road shortly before reaching the Slack
place. The assaulted man, in company with
Selim, went back to the scene OF the trou
ole. They learned on the way that q MIR.
Brougaton had found the goods in the
road and taken them 10 his home to take
care Of. Selim and Esses went To the Slack
place. SLACK was then in company with
Orson Sargent, neighbor. Selim accused
Slack OF abusing Esses and robbing him.
According To 5elim's statement Slack .ad-
mitted kicking him for fun but denied
any robbery. Then SelIm and Esses went
TO the next house south ,occupi.d by Jason
Simons. They asked who lived in the
next house north and were told It was
Frank p. Slack, and the name was written
down. Complaint was made by the tSo
men to the town grand juror, Hazen, and
proceedings to prosecute were instituted.
The peddler, Esses, could not speak our
language ana his story was told through
an interpreter-Mrs. Annie Yared, wife
OF Joseph Yared, before referred TO.
The second state witness was Seiim, who
corroborated Esses' story as far as ne knew
il himself. He testified to the evidence on
johns neck where he claimed to have
teen struck. Selim also told OF the excited
condition John was IN when he came over
to see Selim.
Jason Sergent testified to hearing a voice
in the direction OF Sacks say, "Get out of
here or III Kick you out" lie thought it
was Slack 5 voice.
Evidence was also introduced tending TO
show that after the respondents were in
dicted they we're absent from the state and
the claim was that they had run away. In
regard to ClOugh, two witnesses testified
TO an alleged confession made to Myron
Armstrong in presence of his wife, to the
effect that he (Cloughl, in speaking about
the charge, didn't know how the devil be
came 10 do II. This, in substance, was the
case as made by the state.
The defence Introduced evidence tend
ing To show that the peddler had said he
wanted to get some money out OF Slack
About dozen witnesses swore that Esses
had talked TO them in good English so as
to be well understood. IL was also shown
that the testimony given by him at the
justice hearing was different from that
given at this trial, and that his story had
been added to considerably.
One witness for respondent, a young
man named Dolan, swore that he saw Esses
on the road with his pack and that he
dropped it and ran away.
But the main defense was an alibi. Four
witnesses swore that on the day and at the
hour OF the alleged assault the two re-
spondents were in the woods saving logs.
The respondents did not testify in their
own benalf The case went to the jury
Friday afternoon at $40 and at 40 YER
dict OF guilty was rendered. The case will
go the supreme court on exceptions.
Counsel for the state were tue states at
torney, j. q. Harvey, assisted by VIM. w.
Stickney. VIM. r. johnson and VIM.
Batchelder appeared for Clough and q. A.
Davis and ID. T.. Pingree for Slack.
Court then took recess until after the
close OF tie general term at Montpelier.
The jurors will then be summoned when
the date is ascertained on which court can
rsassembe.
Soothing, and not irritating, strength
ening, and not weakening, small but ef.