Middlebury register. (Middlebury, Vt.) 1886-1937, 1898-02-25
DAVIS FOUND GUILTY
BUT ONLY ON A COUNT WHICH CALLS
FOR A SHORT TERM.

!
Simplest Count.
Davis was on the stand last Thursday
up to the time we went to press.
TO his lawyer Mr.. McGettrick he stated
/ his connection with the case. During
the first part of his testimony there was
evidence advanced which put Vivian
Barrett as well as the deceased in an un.
savOry light. Davis's story was substan-
TALLY similar to what has been many
times rehearsed. The respondent stated
that he did not remember making any
confessions either to Sheriff Martin or
Reporter Clark. In regard to Dora he
said he had never advised abortion, but
had offered 70 marry her when he learned
of her condition. He bought a speculum
and catheter and kept them in his trunk
until the day he met Dora in the pasture,
when he put them in his pocket. The
first time he went to the pasture to meet
the girl she did not come, and after wait
ing about an hour he left, but returned
later and met her. The prisoner testi-
fled that the girl looked pale and over
come by the heat. He said the girl took
the instruments from his pockets
previously promising not to use them
while he walked away several PAGES and
was smoking cigar when he heard her
fall. After tanning her he returned to
the village and got his check and then
went back and saw that the girl was GER
tainly dead. He stated that he then
fled, because ne was scared and felt bad
ly. The trip to New Hampshire and to
his home in Montgomery is essentially
as told by other witnesses. He testified
to attending a rally in Bristol in the
fall of '9G, which Dora and Herbert
Poland also attended together. Witness
said ne had seen Dora with Poland on
several occasions. Cross-examiuatiou
was now begun by Mr.. Fish. The de-
fendant Identified some letters which he
had written to Dora, the contents Of
which consisted of many authorizations,
and were not very satisfactorily an.
swered by him. At this time the ques-
ton of who had the custody of certain
of Dora's letters which had been taken
from Davis's trunk was brought before
the court and before the question was
decided there was an adjournment until
3 o'clock
The letters were excluded by the
court and Mr.. Fish continued his cross
examination of the prisoner. Extracts
from letters alleged to have been writ
ten by Dora to Davis were read by the
states attorney and to nearly all of
them DAVIS denied any knowledge of
such letters. These letters contained al
lusioDs to previous meetings between
the two and contained advice to the de-
fendant and also expressed solicitude for
her own condition.
Davis weakened somewhat in his cross.
examination. The respondent told his
story in detail essentially as has been
stateL in a previous issue. Attorney
Fish produced in court several bottles
and boxes, some of which the respondent
recognized. Davis said what he gave
, the girl was procured by Poland.
The defense rested their case Friday
morning and in the afternoon Mr.. Fish,
Mr.. McGettrick and Mr.. Bliss made their
pleas. Smith Davis was recalled to the
stand at the opening of court and was
further cross-eXamined by the states
attorney.
A number of other witnesses of minor
Importance were called and examined
after which Attorney Fish began his
. plea. Mr.. Fish said that the promises at
, the beginning of the trial had been kept
that the case mad been simplified by
admissions on the part of the res pOndent
, He admitted purchasing drugs and in
: struments for use by the girl. He does
7 not tell you that he ever intended tC
: marry the girl or that he offered her d
l wedding ring. Mr.. Fish now traced the
history of the case as testimony brought
it out. If the respondent was so fright
ened at the catastrophe, why did he &C
to the village and buy cigars for the
7 qualification of his own desires ard ther
go back to the scene of The tragedy. II
: he had had spark of true manhood il
= him he would have said something to the
| girls father and brother as he met then
5 on his way from the pasture.
Mr.. McGettrick next spoke for the
l prisoner. He said there was no question
5 but what a set of circumstances could bC
= imagined which would convict his client
But where were the facts in the case
The only living witness of the alleged
crime had testified in a straightforward
manner; his appearance and general con
duct is in his favor. Up to the time O
the commission of this crime the prisoner
had borne an excellent reputation, ant
J was the pride and Joy of his mother
After an hours recess for supper cour
again convened and McGettrick con
}, tinued his plea, followed by Mr.. Bliss
: who summed up the case for the state
: AT 10 O'Clock Saturday morning cour
! assembled and Judge Start addressed tn
: jury for one hour, clearly defining thei
duties In the case. There were original
:, ly five counts, but the fifth could not b
! !, considered as there was no evidence il
;, the case to prove that drugs caused tn
=. death of the girl The first count O
~ manslaughter was dropped by the state
. The jury were out three hours befor
% bringing In the verdict The nenaltv fO