Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-07-13
SHAW is CONVICTED.
VERDICT WAS FOR MURDER IN THE
FIRST DEGREE.

Jury Was out Five Hours and Is said
Not to Have Considered Acquittal-Pris-
oner Stoical as Ever-Will Appeal to SUI
preme Court to Review Case.
Frank Shaw is guilty of murder in the
first degree, in the opinion of the twelve
good men and true who for nine days
listened to evidence and pleas in the
courthouse at Woodstock.
On another page the REGISTER gives
a detailed account Of the trial down to
the close of the evidence, taking of the
defense. On Tuesday morning num-
Der of witnesses were called by the
state in rebuttal. The statement made
by the defense that Holman fired at
young Shaw brought out the fact that
the gun belonged to DR.. Stevens. The
latter testified that one shot had been
fired from it when it was returned to
him after the tragedy. Deputy Sheriff
Tinkham. however, testified that he had
left the gun at a hotel at Lake Dunmore.
and that during his absence it might
have been fired off.
States Attorney Sargent made the
opening argument when the court re-
sumej its session in the afternoon. 1t
was really a judicial investigation, he
said, in contrasting it with the trial of
civil cause. A citizen has been killed
and confessedlv by a bullet from the
respondents rifle. The testimony of the
state was that the deed was deliberate
and intentional. 1t was for the Jury to
say. Here Sargent spoke for forty min
utes.
Mr.. Davis, Shaw's counsel, followed.
He defined the law of homicide and told
the Jury they were to try the case wholly
on the evidence presented, starting in
with a presumption of innocence, and
urged consideration of the testimony
supporting the respondents claim that
he was first fired at by the deceased. If
they could reconcile such evidence it
was their duty to do so. 1t could not be
said beyond reasonable doubt that the
respondent was guilty of murder, his
counsel urged, on the evidence he sub
mItted.
Nr. Davis spoke for an hour and
half. He was followed bv w. B. C..
Stickney. In closing for the state he
spoke for half an hour. when recess
was taken til! Wednesday morning.
When court convened Wednesday Mr..
Stlckney spoke for about an hour and a
half in concluding the closing argument
for the state. His argument was a
skilful summing up of the evidence,
which on the part of the state, he urged.
showed deliberate defiance of law on
the part of the respondent and the de-
termination to sacrifice any life If neces-
sary that barred his way to freedom.
The respondents readiness 70 reach for
his gun, his position in holding it (and
Mr.. Stickney several times raised a gun
to his shoulder in making pOint)
showed AS well as his other acts that the
shooting was wilful and premeditated.
After a short recess, Judge Loveland
Munson, who presided at the trial, gave
his charge to the Jury. concluding at
II ;45 o'clock, when the Jury retired to
deliberate on its verdict. At / 10 o'clock
in the afternoon the Jury came into court
and announced that it had reached a YER
dict Foreman Henry Bond answered
the clerks query of rs it guilty or not
guilty." with "Guilty of murder in the
first degree.
The prisoner was quite as cool when
he heard this announcement as at any
time since his arrest at Middlebury. He
was remanded to the Jail to await SEN
tence, which probably will be pronounced
this week A large number of excep-
tions were taken by Shaw's counsel, and
the case will 90 to the supreme court at
the October term.
The first ballot in the Jury room, it Is
understood, was five for conviction for
murder in the first degree against seven
for the second degree, and eight or ten
ballots were taken before the final result
was reached. Jurors were all of mind
that it was murder, and manslaughter or
acquittal was not considered.
The spectators in the court room have
included many ladies, and young Shaw
has all the week been the object of much
feminine sympathy. Several boquets
have decorated the table by his side
His youth, pale and sickly appearance
and his helpless, bullet shattered arm
accounted for the kindly glances in hi;
direction. His nerve is remarkable, anG
as one officer who chased him over the
Green Mountains said, sit would carry
him to the gallows as calmly as he sits il
the court room" Jailor Thomas says hi
has gained in health and strength sine,
the trial began, walking steadily nov
when before his feet would hardly sup
port him. He has nothing to say to thu
officers now and expresses no regret a
not having dropped that gun" at Hoff
mans command.
The Gar has ordered the Russian ARM