The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1897-04-07
Washington County Court.

State v. Isabella A. Marsh and William
@. Buzzell. Murder.
Mr.. Plumley finished his closing argu.
ment for the State at about $40 o'clock
Saturday afternoon.
Judge Rowell charged the jury in part as
follows:
"The respondents are jointly charged in
several counts In this indictment with the
murder Of George Marsh by means Of poison,
and they are charged in all the counts as
principals In the alleged crime. The bur
den 10 on the state to make out every essen
tial fact necessary for conviction. AS men
do not ordinarily commit crime, the pre-
sumption Of the law Is that men are limo
cent OF wrong-doing, and that presumption
remains until 1t Is overcome by the testi-
mony in the case and the jury is satisfied
beyond q reasonable doubt.
"You must find proof that satisfies you,
80 as TO exclude every doubt. The state Is
bound to prove every fact essential for con-
v%iction, but 1t is not necessary that 1t should
prove the truth Of everything tending to
show this essential fact. 1t Is essential that
you find that George Marsh died by ar
senical poison.
4" The respondents are charged with muir
der. Murder is a willful killing with
malice aforethought. In this state murder
by poisoning Is murder In the first degree,
and If convicted at all these respondents
must be found guilty OF murder in the first
degree. III the poison was the cause OF
death, II it was the cause Of the death, 1t Is
enough to establish under the law that he
died from arsenical poison.
"You should consider all testimony that
will throw any light upon the question; you
must consider the symptoms which at
tended these four days. Is there anything
indicative of the fact that George Marsh
was laboring under the affects of arsenical
poison? When you find that arsenic was in
the body OF George Marsh, that will aid you
in determining whether these symptoms
were caused by arsenic.
You must consider the condition OF
George Marsh back az far as 1t is detailed to
you, and decide whether something else
may have killed him without being FASTENED
by arsenic.
EVERY piece OF testimony in this case is
OF the utmost Importance, and you must
give it full weight until you can say that
George Marsh did not die OF arsenical
poison, and IL this is so, you need go no fur
Their.
"If two persons commit a criminal act,
the guilt Of each is as though it were com.
mitted by him alone. In this case one OF
one may be acquitted, or both may be con-
victed or both acquitted. Did these per
sons, either or both Of them, have to dc
with the administration Of s~rsenic9
"I do not think it is controverted on
either side that George Marsh had arsenic
in and about the house, When was the ar
= senic taken or administered, for 1 under
!, stand 1t is admitted that arsenic was taken
by George Marsh SOM time before he died
3 and that he took it within these last few
days. 1 do not understand 1t is controvert
: ed, but the respondents say it is more rea
. sonable to think it was taken by George
Marsh with suicidal purpose, and that no
because Of any unhappy relations between
him and his wife, but because Of his terrible
suffering,
marsh was taken sick Friday night
q Buzzell was soon sent for, and the two re
spondents had the full care of him
and it cannot be denied there was opportu
nifty. The responsibility Of arriving at
just conclusion upon these questions rest
upon you.
at is a privilege which the law gives tn
respondents to be or not be witnesses Il
their own behalf, and the fact that thes
n two respondents have not gone upon tn
n stand is not to have the weight Of a feathe
d in determining against them.
"This case demands the most careful
consideration you are capable Of giving II
=, You are to say whether George Marsh die
from arsenical poison or whether death wa
70 fastened by it. Then you must decid
'e whether either or both Of these respondent
=. aided. abetted or instigated the ADMINISTERS
a. ton OF arsenic. So you may take the cast
n The responsibility rests with you. TIL
le duty Of counsel and court has been PEI
" formed, the most important part of you
At duty is yetito be performed"
lr The case was submitted to the jury at 81
10 o'clock Saturday afternoon, and the coul
is suspended until 10: 80 O'Clock Monday morr
The court convened at eleven o'cloc
Monday forenoon. To the question pr,
~ pounded to the jury by Clerk Smile as I
l. whether they had agreed upon a verdic
a, their foreman, Cornelius Eddy, responded
Z. 1--WE have" His final W after r.
4. ceiving the instruction of Judge Rowell
v. to the manner of giving a verdict to tn
ls question as to the guilt Of each responder
were that the respondent, Isabella A. Mars
was guilty Of murder in the first degree
" and that William g. Buzzell was guilty /
% the first degree, after which the juryme
T. were severally polled as to the guilt of eac
4 respondent. Six Of the jurymen at the
J. own request were excused for the term.
n State v. Leo Steele and Lillian M. Ellis
10 Respondents were jointly indicted by tn
grand jury under the blanket act, the o
l. fence being alleged as having been commi
ted at Roxbury August 1, 1895, that bein
the place where they are both alleged as II
Al siding. There was a hearing on q demul
Il rer to the Indictment Monday forenoon, !
which j. G. Wing appeared for respondent
10 and f. A. Rowland for the state. TIL
m court rendered no decision.
State v. Charles Clark. Larceny. Re
spondent retracted plea of not guilty an
pleaded guilty Of larceny Of clothing at tn
stores of Frank McWhortor in Barre an
n W. E.. Adams of Montpelier. Goods value
# at less than 81. Respondent was sentence
Tuesday afternoon to six months hard labo
y in the House of Correction at Rutland.
State v. Frank Casalini, of Barre, for a
assault with intent to commit rape wa
tried on Tuesday. States Attorney How
II landland W. w. Lapoint for the state; +
/. A verdict Of guilty was endered at min
o'clock Tuesday evening.
Corinth.