The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1897-03-17
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Washington County Court,

Q. BuZzell, murder. The drawing OF the
Jury was resumed Wednesday morning.
jurors shows forty. nine names. OF these
very few had been excused before the trial
began. At about 1140 o'clock, County
Clerk Smile announced that the panel had
been exhausted. and in const quence Judge
Rowell instructed the sheriff to call tails
men. After consultation with the attor-
neys in the case, it was decided to call in
extra jurors through the regular channels.
All the jurymen not in the jury box and
who had not been excused for the term
were excused until notified. Thirty jury
men were drawn on the new panel.
In consequence of the lack of jurymen in
hand to be Intercepted there was no ses-
sion Of the court Wednesday afternoon.
Vermont Granite Company v. Carrick
Brothers Granite Company, general as
sumpsit. This case has been continued at
the defendants expense, and the payment
of an attorney fee of 500, to be paid within
the term
On the coming in of the court Thursday
afternoon, Judge Rowell overruled re-
spondent's objection to the state having
more than the six peremptory challenges
which it had already exercised. The act of
1885 allows the state the same number OF
pere nptory challenges as are allowed the
respondent, and each respondent is entitled
to six. The court held that the state was
entitled to twelve .peremptory challenges.
An exception was savedi in. behalf of each
respondent. A jury having been obtained,
the oath was administered to them at 4:05
O'Clock Thursday afternoon. Their names
are as follows; Alonzo Batchelder and A.
A. Bachelor Plainfield; Cornelius Eddy,
Waterbury; Lee II. Goodell, Woodbury.; g.
j. Green, Waitsfeld; Archie Hill, Marsh
field; Arthur L. Johnson, Worcesteri G, L.
dlesex; 81. j. Thwing, Barre City; e. G.
Wells, Woodbury.; B. L. Wilbur, Calais.
The Indictment was read by County Clerk
Smile. After Judge Rowel had instructed
and cautioned the jury as to their conduct
during the trial the jurymen not on the
panel and called last, were excused for the
term, the other jurors until notified.
The opening statement of the case for the
state was made to the jury Friday morning
by Judge Stanton.
| j. M, Bullock of Mortified was the first
witness for the state. His business is that
of photographer and he testified as to
certain pictures which he had made at the
Marsh premises.
G. L. Pervere testified mainly as to Ger.
| tain plans which he had made from meas
urements which he had afterwards verified
showing the inside arrangements Of the
Marsh house.
DR.. Daniel johnson of Mortified testified
he had treated George Marsh, in the spring
of 1893 and at 9TH r times, and was the physi-
clan in attendance at his last sickness. In
1893 Marsh thought he had consumption.
He also treated him in July, 1898. Witness
described the various medicines he had
given him in the last sickness, in which
powders Of bismuth figured, also morphine
powders. He had also mixed four tablets
of one one-hundredtbs grains of arsenite of
copper in water enough to make, in his
judgment, twenty-five teaspoonsful. In the
visit to the house Saturday. Jan. %, 1896,
he was sent for by Mrs. Marsh. MIR. Buzz
zell was there when he came away. In the
Saturday night visit Buzzell came after him.
He found Marsh in considerable distress.
He said doctor, give me something to kill
me-" Witness replied, You are not half
SO bad off as you think you are" He left
six or eight morphine powders, the other
remedies were to be continued. Sunday
morning he did not complain OF pain as he
did the night before. His pulse was 80.
He was quite sick at the stomach. Monday
morning gave him some arsenite OF copper.
He saw Marsh Tuesday morning. He I'M
derstood from Buzzell that the arsenite OF
copper made him sick and If they followed
directions they did not give it, Witness
had left no powder in bulk. After the
death Of Marsh he requested Mrs. Marsh to
have post mortem. She objected, said she
wanted Mr.. Marsh buried whole. In the
cross examination by Ex-Governor billing.
ham it was brought out that deceased was q
very nervous man.
The cross examination of DIR. johnson
was resumed Friday afternoon. He testi'
fed as to a conversation with Marsh about
going out into the living room and on going
back falling upon the foot of bed. He un.
derstood that Mrs. Marsh saw him.
8. P. George Of Northfeld testified as to
Marsh complaining of his stomach, and as
to occasions of medicines being given him
by Mrs. Marsh, one OF which Mrs. Marsh
had said was double dose. Witness was
present when Marsh died. Mrs. Marsh
Buzzell and Joe Garvey were present. He
died with his eyes open. Buzzell tried tC
close his eyes Mr.. Fletcher conducted the
funeral, Buzzell was seated with the mourn
ers. Witness testified with reference to
having seen Mrs. Marsh and Buzzell at two
dances. At the latter he saw them to-
gether. He told Of having seen Buzzel
with his arm around Mrs. Marsh. One oc
casion was when they came in together tC
l view the the corpse. These circumstance
: were considerably minimized in the cross
examination by Mr.. Lord who refreshed
the witness memory with the former test
mony he had given as regards the time
when they went in to see Marsh. He left hi
t testimony that Buzzell probably locked
: arms with her, and as to his sitting will
| the mourners that Mr. Fletcher who hat
charge of the funeral had called for him t.
come in.