Middlebury register. (Middlebury, Vt.) 1886-1937, 1899-12-22
SENT TO WATERBURY
5RED EASTWooD's CASE GOES OYER
TO JUNE TERM.


Other County Court Proceedings of the
Week Since Last Issue.
The long anticipated and much-talked-
about murder case in which Frederick
Eastwood of Greenfield, Mass, is
charged with the murder of Frank Fem
of Middlebury and attempts on the life
of his wife, her mother and sister, was
called up for hearing before Judge
Rowell In the Addison county court on
Tuesday morning of this week. The at
torneys in the case were, for the state,
States Attorney Fish and w. III. Bliss !;
for the defense, j. B. Donoway and T..
w. Moloney of Rutland. The day was a
dreary, rainy winters day, but the court
house has seen few larger crowds at a
trial than gathered on this occasion. As a
motion for continuance was not granted
when made at the time the prisoner was
arraigned to plead on the Sth inst. the
spectators felt pretty certain they were
In for a murder trial. They were disap-
pointed. The case was continued to the
June term.
The case was moved for trial by At
torney Fish, who announced that the
state was ready to go on. Mr.. Donoway
answered with a motion for continuance
to the June term, making affidavit that
the defense had not had adequate time
for preparation and the securing of wit
nesses and depositions from without the
state 1t was claimed that these wit
nesses would show that the prisoner was
subject to fits of epilepsy, that he was
once severely injured on the railroad and
that he was subject to spells of morose-
ness and mental alteration in which he
became mentally irresponsible, and that
he was in one of those attacks when the
alleged murder and assaults took place
last August. This argument disclosed
that the line of defense would beinsanity,
and the attorney further argued that a
law passed by the last assembly re-
quires that when a respondent stakes his
life on the plea of insanity ample time
should be given to test his condition un-
der expert observance.
All the lawyers in the case spoke on
the matter. The state was willing to ac-
cept a continuance to January. Attor-
ney DOnOway told of hasty trip he took
to Massachusetts and New York state to
investigate the prisoners ante cedents
and the difficulty of securing attendance
of witnesses at this time. The state also
had made personal investigation and con
ceded the point.
The court finally decided that the case
go over to the June term, and remanded
the prisoner to the care of the superin-
tendent of the state insane asylum at
Waterbury.
An immense crowd gathered at the
depot on Wednesday morning to witness
the departure of the prisoner in charge
of Sheriff Chapman and Deputy Cobb.
Thursday afternoon was the time fixed
for the court to render its decision on the
motion for continuing the case of Fred.
erick Eastwood to the June term. a
large crowd had assembled at the court
house to catch glimpse of the prisoner
when brought into court, but they were
obliged to nurse their curiosity until late
in the afternoon. The court fixed the
at o'clock a. m.
The jury In the case of State vs.. Iar
riet Hepburn reached verdict Thurs.
day morning of last week. 1t was
"guilty." The Judge reserved sentence
at the time.
The case of State VS.. Robert Hayes
which had not been completed Wednes
day night, was again called up on Thurs
day morning. The jury received the cast
at about II o'clock and returned a yer
dict of guilty. Sentence was imposed Of
not less than four years at Windsor.
L. o, Allen was again brought into
court, this time under the nuisance law
He gave bonds in the sum of $500 to ap
pear later.
The next case called was Leno VS.
Leno, divorce case. The plaintiff wa
represented by Attorney LaFleur. Tn,
defense did not put In an appearance t.
answer, and the court reserved decision
In the matter.
The divorce case of OrsOn f. Abels VS.
Marion l.. Abels was called up. Th'
defense did not appear, and decision wa
reserved.
Another divorce case-that of Lelant
VS.. Leland-flled up the time of tn
court until adjournment in the evening.
Friday morning the grind on divorc
cases was resumed. Wetherbee VS.
Wetherbee was called. Attorney Atwel
of Brandon appeared for the petitioner
and there was no defense. The court too
the case under advisement, as there wa
some question of Jurisdiction, it beinI
alleged that the petitioner is not lega
resident of this county.
Mrs. Harriet Hepburn, convicted tn
previous day of theft, was brought |
for sentence. States Attorney Fis
recommended light sentence. Th
court appointed Darwin Rider o
Middlebury probation officer of tn
county, in case he would accept, unde
the act passed by the legislature In 1885,
1t is probable that Mrs. Hepburn wi
be placed In Mr.. Riders charge If tf