Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1898-02-24
DAVIS CONVICTED
FOUND GUILTY ON THE FOURTH
COUNT OF THE INDICTMENT.

This Count is for Procuring the In
struments.---The Law Calls for
Sentence Not Less than Five Years.
--The Second Week of the TriaI.--
Testimony of Davis and Experts.
Interest seemed to increase with the
second week of the Smith Davis trial
which commenced last week Monday
afternoon. The most important wit
ness OF the session was DR.. J.. H..
Lindsey OF the Burlington medical
college, who made an autopsy on the
body of the dead girl August Is. DIR.
Lindsey said that from the post-mor-
tenn examination he could not tell
what caused the death of Dora Cush-
man. He found, however, indica-
tions of some irritant in the stomach.
He said that he was not prepared to
state as a result of his microscopic ex-
animation the aust of death.
DR.. E. j. Bartlett of Dartmouth, to
whom the stomach and intestines
were sent, said they contained no for
eign OF suspicious substance. On
November 20 he received a package
from A. +. Cushman Of Lincoln. con-
tanning two bottles. One contained
oil of pennyroyal and alcohol and the
other oil of turpentine. Another
bottle, received from States Attorney
Fish in September, contained alcohol
and something else, he was unable to
tell what. DIR. A. p. Grinnell, as an
expert, said he could not account for
the death unless it was the result of a
shock.
Norman Henry of Rutland told Of
| the girl coming to him and saying
she was pregnant and wanted to
know what he thought about it. He
said he didn't know anything about
it. He made no examination, but
gave her a dose of his catarrh cure,
the same as he did every one else. lie
did not tell Davis that he had given
Dora any medicine. This witness is
under indictment as an accessory.
Vivien Barrett, sister of the dead girl,
told OF her taking something that
smelled like wintergreen. She told
about frequent meetings between
Dora and Smith, and il was about
three weeks before Dora died that she
heard about her sisters condition.
The balance of the testimony for
the state did not bring out any new
points of importance and the state
rested its case Wednesday noon, ana
in the afternoon the defense began.
Lawyer McGettrick addressed the
jury for 40 minutes, explaining the
theory of the defense. lie traced
Smith Davis career from the time he
was born in R%ichford, &c years ago
last May, to the time he went TO Lin
coin two years ago last summer, and
said he had always borne an excellent
character, and had helped support
two helpless brothers. Ii would not
be denied that Davis and Dora had
been intimate. IL was admitted that
Davis got the instruments in question
and that Doia's death came in Davis
presence, as the testimony for the
state tended to show.
The first witness for the defense
was James Davis, the respondents
father. lie said that Smith was al
WAYS a good boy. with good character,
and his mothers idol, and had helped
take care of the family and two help
less brothers. Four years g he
bought a place for ; l,s00, and has
made payments amounting to 5000,
with interest on the whole. He gave
the witness and family the use of the
nlare-
Samuel n. Dix, Walter G.. Mans
field and Horace Massey, prominent
resideI is Of Montgomery, testified
that avis bore a good character
while living in Montgomery. Mrs.
Lucia Davis, wife of the prisoners
brother, said that she was at the house
the night smith was arrested. From
his talk ard actions she thought he
was not in a natural state of mind.
Thursday Davis was on the stand
nearly all day. He did not appear at
all W after the first, and On the
whole made a fairly good appearance.
His testimony began with a history OF
his life up to and including the time
he became acquainted with Dora
Cushman. He told Of his procuring
pills and other medicine for her, but
did not get them for any wrong pur-
pose. lie said he gave the medicine
TO Dora that Herbert Poland sent him,
but did not know whether he used il
or not.
He got the instruments from the
Doctor August l3 and kept them in
his trunk over night. lie carried
them in his pocket the next day and
went from the hotel up to the pasture
TO see Dora. But she did not appear.
lie went back to the hotel, met Will
Brittell and asked him to tell Dora he
wanted TO see her in the pasture. He
v ent back to the pasture and found
Dora picking berries. She looked i'll.
They went into the shade and Dora
asked him if he had got the instru-