Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1902-03-21
THE COUNTY. COURT.
Anthony Garrity and Fred Bush
or Were Discharged.
Charles Cushman Of Brattleboro,
Charged with Liquor Selling, Acquit'
ted-Witness Who Got Drunk Fined.


formation filed by States Attorney Wes-
on, charging the respondent with neglect
to support his family. Clarity had been
i'm iail for several weeks, having been
committed in default of bail by Justice
william S. Newton to await the actioh OF
this court. The states evidence tended
to show that Clarity was an employe of
the Central Vermont Railway company
earning sufficient pay to enable him TO
support his family at Bratteboro com
fortably. DR.. Il. Il. Lynch was called as
medical attendant for Garrity's wife
shortly before her confinement in october
last, and told the husband of many
things that must be provided for wife
comfort. on the occasion of the birth of
the child. there was not sufficient fuel in
he house for the comfort of those in at
tendance and many other necessities
were lacking For lack of proper care
and warmth, although this lack was Oft
en- suggested to Clarity, the child became
weak and puny. and gradually lost It's
strength and flesh until its death in jan
uary last Lawyer H. @. Barber conduct
ed Garrity's defence, proceeding on the
theory that the prosecution was inspired
by DR.. Lynch in order to pay OH an olu
grudge against Clarity. Several witness
es stated that Garrity's home was as
comfortable as a man in his circumstan-
ces and with his earnings could provide,
and that the conditions existing in the
home were far different than represented
by the state. Food in abundance was pro-
vided for the child, and its condition and
death the defence claimed, were attribute
ed to failure to assimilate and digest. The
Jury returned a verdict of not guilty.
State VS. Fred II. Bushor alias Fred II.
Bidwell This was a case growing out of
the burning of the barns on the farm
known as the Bowker homestead. ana
later as the Bruce place, IL mile south
of Wiliamsvlle on the Dummerston Hill
road The fire took place under very mys-
FERROUS circumstances The property was
owned by John Eisnor of West RoXbury,
Mass, who gained possession by trade in
June. 1901 and who afterward secured in
surance on the property to the amount OF
Sl5l5 of which 1915 was on the buildings.
The story OF the case has previously been
told in detail. as a trial took place at the
last September term of court, resulting in
a disagreement of the jury. Bushor was
"a lessee before the property came into
Eisnor's possession. The two men had
Iuarelled. Esnor left Mr.. Carey's near
the Bowker homestead on the morning of
September Is at 40 TO walk to Williams
Vile station to take the train there. He
went past the property which he owned.
The barns were discovered on fire by
neighbors about $50 that morning, and
both We're consumed. The smoke which
the ueighbors saw when they We're about
to leave after the barns were burned
came from a dark room in the house
which had not been used for a long time
Scattered around the room was a lot of
leaves. straw and corn cobs The fire
was started under a wooden bench The
aim Of the defence was to connect Eisnor
with the crime the only person having
motive Eisnor was the chief witness for
the prosecution. Eisnor claimed that he
| called on Bushor early in the morning
a. IL a q I'm "a 70
| then went back to Carey's and at 710
| started for the WilliamsVille static He
| said that about a half-mile from Will
| Evansville he met Bushor return
| ing to the farm with a bag of grain
Bushor carried Eisnor in his team TO Will
| Evansville station Bushor also testified
| in regard to going to Williamsville, then
| starting for home and meeting Eisnor
| and turning back with him to go to the
railroad station.
| The neighbors who were at the fire tes-
| tilted to Bushor's strange appearance. as
1t seemed to them. when he returned and
| found the barns gone, and quoted his re-
marks at that time. The crucial question
| in the case, as the judge remarked in his
| charge. was that of time. Bushor was
| shown by several witnesses to have left
Williamsville that morning about 7:15 for
| home with his team. Eisnor left Mr.
| Careys for the station at 7:15, as testi-
| fed by Mr.. and Mrs. Carey Eisnor
| Travelled * mile to where he met Bushor
and Bushor travelled one-half mile The
| claim of the prosecution was that Bushor
| remaining at the house over night. had
| exclusive opportunity to set the fires
| which he might have done by slow match
prompted by a feeling of revenge. and
| that II was impossible for Eisnor to have
| stopped on the premises long enough IN
tear off the boarding and replace it after
setting the house on fire and then fire the
barns and make connection with Busho,
at the time and place shown. James Ret.
terley. who had torn of the boarding in
| question in order to get at and n,,t ont
| the hre, testified that there was no an.
pearance that it had been disturbed re.
Gently.
The claim of the defence was that Els
nor had strong motive to commit tn,
crime In his over-insurance and that h,
mad sufficient opportunity. The case went
on trial Monday morning, and was giver
to the jury at o'clock "Wednesday az
ternoon. a verdict of guilty was render
ed at 1880 p m States Attorney Weston
was assisted by c. c. Fits. A. F
Scnwehk and r. w. Gibson conducted tn,
defence.
state VS.. Charles Cushman This wa.
on information for selling LIQUOR AT m,
house of Mrs. Charles Bean at the was
end OF the Hinsdale bridge at Brattleboro
Twelve or 10 witnesses We're examined h,
the state. of whom three or four had fire.
quently purchased liquor of Cushman. bu
the contract, delivery and payment ha,
invariably been on the bridge. in New
hampshire territory. Most of the wit
nesses had not been frequenters of IN,
premises, and had had no transaction,
with the respondent. Some were prac
lcally total abstainers. Job Long state,
that he possibly might have had on,
drink at the Bean house. although h,
couldn't remember II. He had stated I,
the states attorney the previous day tina
ne had purchased two or three drinks q
Cushman at the house. When confronte,
with this statement on the stand he sal,
ne might have made such statement bu
dldn remember it, and finally stated tina
ne was intoxicated the previous day. an,
didn't remember what he did say. At tn,
conclusion of the states evidence. tn
counsel for Cushman moved that a Yer
act or acquttal be directed on the eroun,
mat case had not been made out. TIL
court took this view and directed such ,
verdict. Long was requested to remail
atter the trial, and States Attorney Yves
ton Med an information against him TO
drunkenness. Long pleaded guilty an,
was fined So and costs, $1325 in ali TT
, disclosed that he procured his LIQUOR /,
Greenfield the day before coming to New
fame. -'s"
The case of State VS.. Newton PInmr
FOR breaking into Wheeler's store 4
Nottingham village went on trial to- da,
TO be followed by State VS.. Israel L. Hal
which will probably extend into mex
week and be the last jury cause.
Three divorces have thus far bee
granted, as follows: Mary Howe Iavi
from william LAWN, and Florence L. Sew