Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1898-02-18
SMITH DAVIS'S TRIAL.
Sensational Testimony at Tues
days Session.

| COhutiOn, ana mat Davis was the
Victim OF n Conspiracy.
The trial of Smith G. Davis, charged
with causing the death of Dora Cushman,
which began last week Tuesday in the Ad-
olson county court, is still in progress.
The most important witness of Thursday
was Charles Davis, a brother of the de-
| PENDANT. He related story, said to have
been told him at his fathers house on the
Tuesday following the death of the girl
1t was to the effect that the defendant pro-
cured from druggist or doctor an nstru-
ment designed for use in procuring an
abortion, and that the girl attempted to use
| it, and died almost Immediately. On Friday
Deputy Sheriff Martin, who arrested Smith
Davis at Montgomery, told a story similar
to the one related by Charles Davis. An
important witness Friday was Willis Clark
a reporter of the Burlington Free Press,
who obtained partial confession from
| Davis when the latter was in jail at Yer
gennes.
Davis told the reporter how he came to
go with Dora, stating that Dora's sister
| Vivian had introduced him and that they
had written TO each other frequently. He
said he had procured an instrument from
DR.. Jocelyn and that on the afternoon of
Saturday he had met her and that she had
taken the instrument and used it. He saw
her falling; threw the instrument in the
brook and fed. He spoke about some red
dish medicine he had obtained from Brit
tell or Poland, He said that If he had
anything TO do with the case there were
many others that were as deeply implicated
as he. Vivan's character he said, was
very bad and that he was half crazy. He
| said Vivian knew of Dora's condition and
had given her medicine. He described the
instrument. He also said Smith (Dr.
Henry had given the girl the medicine
that did the job. ~ am sorry, | am 20
blame for going with such young girl"
Miss Lottie Carpenter of Cambridge
swore in general way Saturday, that Da-
Wis called on her on the Wednesday follow
ing the tragedy, and admitted to her that
he had tried to assist Miss Cushman in
procuring criminal abortion.
e.. II. Buttertield of Manchester, Y. H,
an uncle Of Davis, told of the confession
made TO him by the defendant, after the
latter had fed to Manchester from Lincoln.
Davis told him that he was actually re-
sponsible for Miss Cushman's condition; ;
that she asked him TO buy her an instru-
ment; that he did so and took It TO the
pasture for her; that she stepped a few
feet away, used the instrument, fell to the
ground and soon died. w. w. Wilson of
Bristol testified: hat he sold surgical in
strument to DR.. Hiram Jocelyn two days
before the crime. He told how the instru-
ment was wrapped up and said the paste
board box was found in Davs's trunk on
Sunday, the day after Dora's death. DR..
Jocelyn, on advice of council, refused to
testify when called.
DR. j. II. Linsley of Burlington testified
McnJav In arl IN ha conditions /
ed by the autopsy. There were bloody
marks on the girls skirt and blood in her
hair, but no marks of external violence.
"Dr." Smith, alias Norman II. Henry, tes-
tilted that Dora Cushman consulted him in
regard to her condition, but that the only
medicine which he gave her was some of
his catarrh remedy. Mrs. Vivian Barrett,
sister of the dead GIRL said she did not know
positively Of her sister Dora's condition,
but that Dora had intimated some things
TO her. Davis told her about Dora and
said he was going 10 offer to marry her.
She knew Dora had been TO see DR.. Henry.
She testified at length in regard to Davis S
relations with Dora. Herbert d. Poland
refused TO testify as he is indicted as an &C
cessory in this crime, and he was discharg-
ed. Prof. +. j. Bartlett of Dartmouth
college testified at length in regard TO a
chemical analysis of the contents of the
stomach of the girl He found no indica-
tions of poison. DR.. A. z. Grinnell OF
Burlington said that supposing the testi-
mony to be true he would say that the
girls death resulted from shock or nervous
prostration.
There were sensational developments in
the trial Tuesday. Mrs. Vivian Barrett
was recalled for cross-examination, and the
defence sought TO make her admit that she
knew that Herbert d. Poland and not Da
Wis was responsible for Dora Cushman':
condition, and that she, personally, had
planned to make scapegoat of Davis fol
the alleged reason that she herself haC
, been unduly intimate with Poland. Hel
counsel, however, objected to her answer
ing specific questions about her relation:
with Poland, and the objections were sus
tanned.
+. w. McGettrck, counsel for the de
PENDANT, accused DR.. A. p. Grinnell o.
7 consolidating with the states attorney afte
the trial Monday. The witness admitted
Z that he had some talk with Mr.. Fish bu
claimed that he gave no hints inconsistent
with his previous evidence. Dr. GIinnel
admitted that death might have beer
caused from lightning or from fright, bu
when the defence sought to convey the i'm
| PiNssiOh lhob thC blii hiVu iiOhi VIC use VI
chloroform or ether the witness stated tina
the post mortem examination did not indi
ca e such cause.
r. w. McGettrick and J. B. Donoway
counsel for the prisoner; outlined their de
Tense Tuesday night. 1t was to the effec
a that Davis had been industrious and de
voted to his father and mother previous t
4 his acquaintance with the Cushmans; tina
s before this acquaintance began Herber
= Poland, a married man, had been intimat,
4 with Dora Cushman and her married sis
ter, Vivian Barrett; that Poland was tn,
j. person responsible for Dora's condition
and that Poland and Mrs. Barrett con
spred to throw the responsibility upoI
a. Davis; that Davis wished to marry Dora
a but she refused; that at her request he pro
e cure certain instruments, the use of whicl
!. he did not understand; that when attempt
}. ing to use the instruments for examination
g as Davis supposed, the girl fell back dead
II that Davis was at first so frightened tina
he fed, but soon returned to give himsel
up and to face the consequences.