Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1897-01-16
WINDSOR COUNTY COURT.


meo Clough-.\s stated last week
thi, wa, Il prosecution for an assault
with intent to commit highway roh-
berry. The scene of the alleged as.
Sault was Norwich. and the viCtia,
of the same was Syrian pcddlrr
from Damascus. named John Escc>
The time of the affair was Scptcm-
her 10th, 1896. and the respondents
were indicted at this term.
The facts OF the case as elected on
the trial from the witnesses of the
state were that ON the day in uucs-
ton Esees stopped at Stacks hou>,
to see if lac could trade. Slack and
Clough wcrt present at the house
and looked over the mans goods,
taking some of them on, and foolng
with the II, spilling the cologne from
Il little bottle, and so ON. l.Srcs took
his pack and proceeded to depart
he had only gone Il short distance
from the house when he was struck
in the back of the neck hv stone
cast at him by one of the respond
ents. who took $50 ont Of his pocket.
He fled and went and got another
Syrian pcddler, who had lived with
him, 4 man named Sclim. who could
talk English. EsceS could not speak
anything but Syrian. except a few
words necessary to use in pcddliug.
1t was So claimed anyway. and an
interpreter had to be used. %clim
saw the place in the back of the ped
dlcr's neck where the stone had
struck him. The two pcddlcrs went
to the Slack place and accused him
of the assault. He said it was only
for fun. what he did do. But the
peddler~ thought it was too much
fun to take fifty dollars, III this
amount represented the earnings of
the peddler for eight months.
The state Introduced witness.
who sworc to hearing an cutlery
towards Slack, house. and heard
some one say. sect ont. or will
kick YOU out" The witness called
it Stacks voice. and heard il soon
after the witness had seen lLscrs 70
up the road towards the Slack place.
The prosecution also showed that
the two respondents had been away
and were not present in court when
the case was called. This. it was
was evidence tending to
show flight. as indication pointing to
guilt. The state further showed
that Clough had made what was
to have been confession Of
his participation in the affair. He
had said to one MNron Armstrong.
in the presence of the lattcr'> wife.
that hc-Clough - had said he did
not know what could have made
him do it. The state did not rely
upon showing robbery. but claimed
Il conviction OF the offence charged.
which was assault with the intent to
rob.
The respondents counsel in am
swer to the claim of fright of re-
spondcnts urged the fact that they
were present for trial. The defence
was IN alibi it was claimed for ii c
respondents that at the time of the
alleged robbery they were Il mile or
so away from the locality. and were
up in the wood, saving out logs.
The fact that thcv were 50 engaged
was sworn To hv four witnesses, but
it was urged bv the state that these
were "familv" witnesses. who had
helped to get up the defence.
One witness, William Dolan,
swore that no such transaction oc-
Cured as was testified to by the ped
dlcr. Dolan sworc that at the time
in question he happened to be up on
the hill above the highway. and as
he looked down, he saw this pcd,llcr
coming along the road and that he.
without any apparent cause. dropped
his pack and ran away. Then Do
IAN went across the pasture and as
ne got to the woods. saw the two
respondents ut work. rs stated. 1t
was also claimed that Esccs was not
10 be believed because he had told
different stories at this trial and at
he Justice hearing.
\ large number of witnesses
'worc to having convcrscd with
Esecs in English. and thai he could
speak English. though he pretended
not to I've able To do SO. Moreover.
% some witnesses he had said he c>-
,cctcd to get Il lot of money out of
Slack.
The jury WAS out about half an
lour and returned Il verdict of guilty.
]. &. Harvey and W. W. Slicknrv
or State. VIM T.. Johnson and
Nm. Batchclder for Clough. ID. T..
'ingrce and G. y. Davis for Slack.
Court will resume Trial of criminal
use, when the general term ut