Middlebury register. (Middlebury, Vt.) 1886-1937, 1898-02-11
SMITH DAVIS'S TRIAL.
THE NOTORIOUS CASE NOW BEFORE
THE COUNTY COURT.


Long Siege Promised.
After a recess of one month on account
of the supreme court duties In Mont
pelier, the local court reentered upon It's
duties last Tuesday. The same judges
occupy the bench as during the begin
ming of the term. Judge Start of st.
AIbans, assisted by associate Judges
Barnes and Walker. Before the import
ant murder trial was begun the divorce
case of Delbert w. Waterman VS.. Emma
Waterman was tried by l. A. LaFleur
for the plaintiff and absolute divorce was
granted on account of adultery.
The entire morning Of Tuesday was
engaged in selecting Jury to try Smith
G. Davis, the alleged murderer of Dora
E. Cushman at Lincoln on Aug. ID last'
The following jurymen were impanelled.
Gilbert Small of Bristol, r. G. Young OF
Orwell, H. r. Wells of Whiting, w. 4.
Clark of Ferrisburgh, G. B. Smith OF
Vergennes, Herbert Oliver OF Leicester,
C. r. Smith of Weybridge, F. Il. Meader
of Monkton, Byron Smith of Addison,
.J.A. Douglas of East Middlebury, Il.
c. Drolett of Weybridge, D. F. Nc
Cauley of Shoreham.
When the jury had been chosen Mr.
Fish stated very fully the case OF the
state against Smith G. Davis. The sub
stance of the case was that Davis came
TO Lincoln in 1895 and worked for the
Lincoln Lumber company. He became
acquainted with Dora E. Cushman, then
not over IA years old. On Aug. IA last
the defendant by a prearranged plan met
the girl in lot about quarter of mile
from her home. Dora started from the
house ostensibly to gather berries, as she
had a pail with her. This was the last
time she was seen alive by her friends.
Davis disappeared the same day, after
cashing a check for $25 from the Lincoln
Lumber company, and went to Manches-
ter, N. H., having previously purchaseo
new clothes and otherwise altered his ap-
pearance In Rutland. In Manchester he
was advised by his uncle, to whom he
had made partial confession. to go back
to Lincoln and give himself up. From
this place, however, he went to Cam
bridge, VT, to visit an aunt, and from
there to his home in Montgomery, where
he was at once apprehended.
In the meantime was
missed at tea time and searching parties
started out for her. but were unsuccess-
full until the next morning, when she
was found by her brother in a retired
spot. Some drugs and instruments being
found, which, together with Davis dis
appearance, pointed to his guilt as did
also some partial confessions by him. Ii
was claimed that death resulted from a
collapse due partly to poison and partly
TO an operation.
Many witnesses from Lincoln were
sworn, theI first of whom was Arthur Il
Cushman, a brother of the murdered
girl. He testified in substance that ht
had known the defendant for more thar
a year and that his character did no
appear to be worse than that of the usua
run of young men in the vicinity, excep
that he was hard drinker. Hell furthe
testified that he had seen him with Dor
only few times and that he saw his sis
ter about the house on the day OF he
death. He was one of the principa
searchers and described the finding of tn
body. Her hat was found over her face
the berry pail was turned over, and
half smoked cigar and a partially file
bottle we're found in addition.
Wednesday morning at o'clock tn
case was reopened without large a
tendance in court. Warren Hatch c
Lincoln was the first witness on tn
stand. He was a member of the search
ing party that found the girl on Aug. Il
He described the position in which tn
body was found and other attendaI
circumstances. Photographs were use
to locate the scene and these were passe
among the jurymen. Davis reputatio
suffered somewhat from the testimony {
Hatch.
The next witness was William Brittle
of Lincoln. Brittell had been arreste
as an accessory to the crime, but WI
subsequently released, having turnt
states evidence. The testimony brOugl
out was that Brittell had known Dav
ever since his residence in Lincoln, whIC
began in the summer of 1895. He state
that he had worked for Davis and that {
Aug. last he drove to Warren for hi
and obtained from Herbert Poland
that place a small bottle filled wi
liquid, the nature of which he was ign
rant. Poland told him how the medici
should be given and what effect would
produced. Davis afterward told him tn
he had not exactly followed the dire
tious for its use. Brittell further ties
fed that at Davls's request he went
Dora on the day of her death and to
her that Davis wanted to meet her in
place indicated, as he desired particular
to see her. The witness next went
the hotel, where he found Davis playi
cards. Thereupon Davis gave his ha
of cards to the witness and left the hot
The witness remained at the hotel til
o'clock and did not see Davis again ur
the preliminary hearing at Bristol. I
cross-examination did not shake his
timOny.
Moses B. Cove, treasurer of the l.