Middlebury register. (Middlebury, Vt.) 1886-1937, 1898-02-18
EVIDENCE FOR STATE.

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moved. He noticed that his actions
seemed nervous and uneasy, but nothing
was said beyond Davis asking the time
of the next train for Boston.
DR.. j. Ii. Linsley of Burlington testi-
fled that he was at the autopsy Aug. 10
and made a thorough examination; that
some of the viscera was sent to Prof.
Bartlett of Dartmouth for examination,
while other parts were treated in his own
private laboratory. The doctor said that
some slight irritant had probably been
used, but after microscopical eXamina
ton he was not prepared positively to
assign the cause of death. The vital or
gans appeared to be in a normal condi-
ton. Dr. Linsley is professor of bacte.
riology and pathology in the University
of Vermont.
Norman Henry, the next witness, lately
fresco painter but now dealer in
catarrh medicine, testified to playing
cards with the respondent on the Satur
day forenoon and afternoon. He further
said that a girl whom he supposed to be
Dora Cushman came to him about three
weeks previous and told him that she
thought she was pregnant and asked his
advice, TO which he replied that he had
no advice to give In the matter. He gave
her dose of his catarrh remedy and that
was all he saw of her. Norman Henry
| is under indictment as an accessory.
Herbert +. Poland was not forced to tes-
tify, as he is also under an indictment.
After a short recess for supper the
business of the court was resumed at
o'clock with Prof. Edwin Bartlett on the
stand. His testimony was largely an ac-
count of his chemical analysis of various
parts of the body of the deceased, to find
nbn trvift fafn I
that he had been employed in about 10
similar cases of supposed poisoning. He
had examined the stomach and found no
harmful substances. If there were any
traces of poison they were too faint to be
discovered DR.. A. z. Grinnell, the next
witness that evening, is an expert from
Burlington. He said that he had care
fully considered the case and gave it as
his opinion that death resulted from
shock due to drugs combined with the
use of the speculun in the hands of an
Inexperienced person and terror due to
her condition. The testimony of DR..
Grinnell was largely technical and occu-
pied most of the evening.
Tuesday, the seventh day of the trial,
was marked by increased interest and
attendance, the prosecution practically
finishing the examination of their wit
recalled and was detained a long time on
the stand. He stated that there was
nothing in the testimony of DR.. Linsley
and Prof. Bartlett that excluded the pos
sibility thar Dora Cushman might have
died from sunstrOke or an anHsthetlc.
DR.. Linsley could find no evidences of
poison in the body and gave it as his
: opinion that the girl died of shock.
, The next witness, Vivian Barrett, sis
ter of the deceased girl, gave in her testi-
mony little light on the case. She stated
that she had seen Dora and the respond
ent much together. The questions put
to the witness contained implications
against hor own character. She is be-
lieved to have more knowledge of the
matter than she divulged on the stand.
{ ii. Foley, the last witness of the day,
was with Sheriff Martin when the arrest
was made and his testimony was re-
hearsal of the arrest and conversation In
the house Immediately following.
States Attorney Fish was the first wit
ness Wednesday morning He stated
that he was at East Berkshire station the
morning after Smith Davis's arrest, and
9 that the latter told him that he had
bought medicines for Dora, but did not
know whether she took them or not
:. DIR. A. j. Cushman testified that he did
think his daughter suDlecI 10 nus ne
n never knew that his daughter took liquor
to school with her. Mrs. Winifred Gore,
sister of Dora, was called for crOss-eXam-
l ination. She said that Davis boarded
with her the month preceding the trag'
n edy. She identified clothes Davis had
worn and which had been changed IL
Rutland.
S At the opening of the afternoon SEES
t sion the prosecution having rested its
case, Lawyer McGettrick addressed the
a jury for three-fourths of an hour on whal
: he intended to prove. He traced the
% career of Davis from his birth in Rich
ford in 1870, and said he had always
e borne good reputation, had helped his
IT parents and practically supported two
helpless brothers. 1t was admitted tina