Middlebury register. (Middlebury, Vt.) 1886-1937, 1900-07-13

the brief session. Inc evidence OF DOtn
was very evasive and neither seemed
quite sure as to whether the fugitives
had been near their house or not. The
family slept at the hour the visitors were
said to have stopped there, and their ut
ter lack of memory made them failures
as witnesses. The state had no more
witnesses ready for examination and
court adjourned till Friday.
The Middlebury witnesses having ar
rived, the first to be called on Friday
morning was Col. Chapman, sheriff of
Addison county. lie gave his version of
the capture of the Shaws at Middleburv,
when the fugitives were rounded up in
the field on Harrison Holden's farm. The
sheriff said that when he demanded their
surrender Frank Shaw replied by firing
at him. He then gave the order to shoot,
and every member of his posse began fir
ing. After an exchange of several shots,
Frank Shaw fell with a wound in his
arm. The witness was armed with a
revolver, which he used. Several of his
posse had rifles. lie did not know who
of his party fired the first shot.
Charles Branch and Julius Seeley of
Middlebury testified to one or both of the
Shaws coming to their houses at different
hours of the night before their arrest.
w. II. Cobb, deputy sheriff and keeper
of the Jail at Middlebury, LOOMS Knight
and Eddie Morris of Middlebury told the
story of the shooting and arrest. The
court then adjourned for the day.
After a few of Fridays witnesses had
been recalled and asked a few u%nimport-
ant questions, the state rested its case.
Attorney G.. \. Davis then opened for
the defence. He conceded that the re-
spondent left Jail, but claimed that he
did not do the actual breaking. This
was done by the elder Shaw. The de-
fence did not intend to contradict testi-
mony Of the state. he said, as to the APP
pearance of the Shaws at several houses.
Incidents preceding the shooting were
substantially the same as told by Sheriff
Spafford, but the respondent did not have
his gun at his shoulder. and was ready
to surrender if it had not been for undue
haste on the part of Deputy Sheriff llott-
man. and the shooting would no have oc-
Cured the respondent did not see Sher-
if Holman until startled by a sudden
cry out of the woods to the left of the
respondent, and in the excitement the
gun was discharged, after Holman had
fired at respondent. The latter then fired
and both Shaws fled, not because they
knew that any person had been struck.
but to avoid arrest for breaking out of
Jail.
The respondent, Frank Shaw, then took
the stand. His testimony was to the
effect that he did not break out of Jail.
His father had told him of a means of
escape. and they took it and succeeded IN
), getting away. His story of the flight up
to the time of the shooting of the sheriff
was substantially the same as given by
the officers. While in camp on the MORN
= ing of the tragedy he heard a limb break.
and saw and recognized Sheriff SpatlOrd,
who said. "%IIullo. boys" in a friendly
way. Dustin Shaw was 10 or Il feet
I from the witness, and replied to Spaf-
r ford's greeting. ~ soon as the witness
t.. heard the limb break, he picked up his
| gun and held it to his hip, with = finger
on the trigger. lie did not hear any de
f mand for surrender, although he was
ready to give himself up. Heard some
t one say, drop that guu, or III bore a
q il0lt li4lBuEI NbAs Jul NVAlh H't lVNhN'
the direction from which the voice came.
3. and a bullet whistled by his face. He
b Jumped, and his gun went OIL. Spaflord
then began firing. and the two Shaws
:. started to run. Witness did not learn
j that sheriff Hoffman had been shot UNI
c til he reached M%iddlebury Jail. In the
p shooting ARRAY at Niddlebury, the shot
which wounded witness was fired from
/. the gun held by John Boslcy. He heard
no command to surrender at that time.
n The cross-eXaminatiou of young Shaw
was begun shortly before noon. The
d court adjourned at noon until Monday
q morning.
Il The crcss-eXamluation was concluded
Y Monday morning. The incidents attend.
f. ing the shooting were told again and
It Shaw illustrated to the Jury how ne held
.e his gun at that time.
n Dustin Shaw was the second and lasI
witness for the defence. His story OF
{ the escape dld not differ materially from
n the other testimony, and his account Of
II the tragedy corroborated his sons testi
J. mony. He also showed how Frank helC
." the gun, both witnesses agreeing circum
stantially, though their memory was no
re- so good as to other details. \ recess,
N was then taken.
Is At the opening of the afternoon SEES
sion the respondents counsel, Mr.. Davis
announced that the defence had closeC
IN its case.
T. Convicted al Ma%nsIaughter.
! In the Bennington county court, sat
nrluN nnrninr fhn inrr I'm lhn na.r n