The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1901-04-10
ON TRIAL FOR MURDER.

Oh NOrJnnelu was Calico IN W85nlLB BJOn
county court at two O'Clock on Monday
Jurors and spectators filled the court room
nearly to Its limit.
The respondent came into the court room
accompanied by III. A. Huse and j II. SEN
ter, his counsel. He has been in Jail since
last September, and to all appearances the
long confinement has agreed with him.
He seemed cheerful and chatted pleasant
ly N ith his counsel before the work of
polling the jury commenced.
States Attorney Hoar is assisted by Frank
Plumley OF Mortified. Miller was Indicted
by the grand jury last September for the
murder OF Major Seth Johnson at Montpel-
Ter June last. The facts connected with
Johnson's death, which subsequently led
up to Miiler's indictment were fully retold
in the JOURNAL of last Thursday.
More than 100 witnesses on both sides
have already been summoned. Some of
these, however, may not be used. The
length OF the trial cannot be accurately sur
missed at this time, but it will probably last
ten days or two weeks.
After court opened the respondent was
arraigned To the Indictment against him
he pleaded mot guilty" in firm, clear
voice.
The aged mother OF the respondent sits
beside him inside the bar. Her wan, sad
face has excited the pity of all who have
seen her.
A jury satisfactory to both sides was Sc
cured in the case OF State v. Miller late
Monday afternoon. Following are the
twelve men who have the respondents fate
in their hands, Leonard Bancroft Berlin;
Edward Barton, East Montpelier; d. 2
Desvitt, Moretown; G. w. French, North.
field Erwin Q. Harris, Worcester; George
Lewis, Duxbury Charles Morrisy, Water
bury; Frank W. Nichols, Mlddlesex; j.
Burton Pike, George o. Smith, Marshfield;
Frank j. Tillotson, Warren; Will j. Web
ster, Roxbury.
The opening statement to the jury in be.
half of the State was made by Mr.. Plumley,
showing what it was expected would turn
out in evidence. Mr.. Miller, the respond
ent, was living in Northfeld with his moth
or on j une 9 last, when circus exhibited
in Montpelier.
Mr.. johnson, the deceased, was a gran
ite worker living in Montpelier. He came
to this city from Northfeld, the spring be-
fore his death. He was a married man,
living on Kent street. 1t is expected it
will turn out in evidence that Mr.. Miller
came from Mortified on the morning of
circus day, and attended the show in the
afternoon. johnson with party OF friends
had a keg of beer that afternoon on hill
back of Montpelier, and became partially
Intoxicated and attended the circus in
that condition.
In the evening he was seen with Miller.
With party they again went on the hill
with another keg Of beer. On their return
Mr.. johnson was badly Intoxicated. About
eight o. clock in the evening he wes seen to
go up the spur track in the Central Yer
mont railroad yard in this city, not far
from high wall on the river bank. While
crouching there Miller came along and en-
quired where johnson could be found.
Miller went TO where johnson YVES and sat
down near him. That was the last time
johnson was seen alive. His failure to re-
turn to his home that night led his wife to
start an investigation,
On Monday afternoon, June IL, the body
of man was discovered lying in the river
near the bank wall. The authorities were
notified, and the body was taken to the un-
dertaking rooms Of Johonotts & Hall. Doc
tors Chandler and Bisbee made an autopsy
On the head was wound cutting through
the scalp to the skull, and a slight bruise on
the left side Of the back
The physicians examined the brain and
spinal column, lungs, stomach and kidneys
aud found no indications OF cause OF death
in any OF these organs from disease or in
Jury. They decided the man came 70 his
death, primarily, by drowning.
About nine o'clock Saturday evening
Miller attempted to walk through the rail-
way bridge just below the station. A man
was stationed there to keep people from
walking across the bridge. Mr. Ewing, the
watchman, told him he could not 60
through. Miller knocked Ewing down and
midnight train. From these facts the State
expects to secure a conviction.
Orwell Hill was the first witness exam
ined. He testified as to first discovering
the body in the Winooski on the afternoon
OF June IL.
j. W. Pape testified that he knew John
son and identified the body when it was
taken from the river. His testimony also
had reference TO The locality where johnson
was last seen alive.
Frank Pecue, OF Pecue Brothers, one of
the proprietors of the granite shed near
Ia Inun tUQ N Y
called. He saw the body in the river be-
fore it was removed, aud described its ap-
pearance in the water. Later in the day he
saw hat in the alley way between his
shop and the car barn. 1t was soiled,
brown derby, 1t appeared to be old, and
nearly worn out. Saw no signs of blood in
the alley way or on the wall. Did not see
the body taken from the river.
@. s. Whittier testified that he was po-
| liceman in Montpelier on June IL last On
the afternoon of that day he was notified
! that th ere was body Of man in the river
near the Taylor street bridge. Found the
| body and notified Johonotts Il Hall, the un-
dertakers, to come and care for it, Knew
| johnson had disappeared the Saturday
| night previous, but did not know him in his
lifetime. Mr. Whittier described the posi-
ton and condition OF the BODY as it lay in
| the river.
Lewis Bosquet, an employee at the gas
| works, mad his attention called to the fact
on the afternoon of June IL that there was
a body in the river Mrs. III, B. Wedge
first told him this. He crossed the river
and climbed down to where the body lay in
| the water. He described It's appearance,
He was the first man to reach the body.
William Pecue was the first witness
| called Tuesday afternoon. He is a member of
the granite firm of Pecue Brothers, whose
sheds are near the Taylor street bridge.
He testified that he saw Johnion's body be-
fore 1t was moved from the river. Exam
ined the ground and wall over which 1t was
supposed Johnson's body fell. Saw no
blood or indications OF struggle. Knew
Beth Johnson several years ago, used to
work with him at the Pioneer. A crowd OF
people, probably 100 or more, gathered be-
fore the body was taken from the river.
O. DEF. Bancroft, city sheriff. testified in
regard to seeing the body of johnson in the
river, and to finding hat near the corner
of the car barn. The crown Of the hat was
broken In. 1t was brown hat and had q
black mark or streak across it where 1t wai
crushed. Gave the hat to Alderman Jan
graw, and later took 1t before the grand
Jury. Mr.. Bancroft assisted the undertak