Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1903-11-27
BRATTLEBOR0 LOCAL NEWS.
WANTS A NEW TRIAL.
MOTION IN BEHALF OF "SPoTTER'
WILSON VS.. p. w. CLEMENT.
One Claim is That Two OF the Jurymen
Who Acquitted Clement Were DisquaI-
ified-Decision Reserved.


ified-Decislon Reserved.
The motion of S. ID. Wilson, known as
"Spotter" Wilson. for a new trial in his
suit against Percival w. Clement of Rut-
land for $4,000 for alleged Islander was
hoard by Judge Wheeler i'm the United
states court in the Brooks House Tues
daV Decision was reserved. The suit
was tried at the October term of court in
Rutland and resulted in a verdict of mot
guilty" for Mr.. Clement 1t was alleged
that Mr.. Clement in his speeches dur
ing his campaign for the governorship.
referred to Mr.. Wilson as a murderer for
fatally shooting II. II. Goshen at White
River Junction Dec. s, 1901. Wilson was
instrumental in causing several liquor
raids He claimed that ne shot Goshen
in self defense while engaged in an alter
cation at the Junction House.
The argument for new trial was be-
gun by Max Powell of Burlington coun-
sci for Wilson. He claimed that the YER
dict was contrary to the law, contrary to
the evidence and the weight of evidence
and that two of the jurymen were dis
qualified. lie said that Mr.. Clement adj
mitted debating to his stenographer the
words he was alleged to have used, that
the stenOgrapher so testified and that the
testimony of others who heard Mr. Glenn
ent during his campaign was that they
gathered from his words that he thought
Wilson guilty of murder. He called at
tention to the fact that three pages of
Mr.. Clements typewriter speech, the
part covering his reference to Wilson,
were torn out before the trial began.
Mr. Powell presented an affidavit by
Frank c. Dyer. formerly town representa-
tive of Salisbury, stating that during Mr..
Clements campaign. Juror Hulett of that
town was very active in Mr.. Clement s
behalf and that it was the general belief
in Salisbury that he was Mr.. Clement 5
paid agent Other affidavits were shown,
stating that after Mr.. Clements failure
at the polls Mr.. Hulett went about the
state in mis- behalf and was present at the
state convention. though not as a member
of the convention.
AS to Juror Markham, Mr.. Powell said
that he was station agent at Proctor. a
station on the Rutland railroad. and that
Mr.. Clement was a director of the Rut-
land Railroad company. He thought that
as long as such business relationship
existed between them Mr.. Markham was
not qualified to decide the case.
Alexander Dunnett of St Johnsbury
opened the argument against n new trial.
He said that it was a fundamental prin-
ciple governing courts not to grant new
trial unless it was apparent that a diff
ferent decision would be reached or that
injustice had been done. Because Mr.
Clement dictated certain words to his
stenOgra pher he said. it did not follow
that he used them in his speeches. and it
was MIR. Clements testimony that he did
not use them but substituted other words.
He presented an affidavit of Mr.. Clement
which stated that he had only a casual
acquaintance with Juror Hulett. that h,
never employed him and never paid him
money for services or anything else. Mr.
Clement said he knew that Markham wa,
station agent at Proctor. but that under
the new management of the Rutland rail
road he had nothing to do with the
policy or employees of the road, that hi:
holdings We're small and that he was
director merely by courtesy.
Mr.. Dunnett referred to the conditions
alleged by Mr.. Powell as ancient his
tory" and said that they did not vitiat,
the verdict of the jury and that support
ers of Mr.. Clement at that time might be
supporters of other persons al the time OF
the hearing, as political allegiance wa:
not eternal. He said if Wilson's counse
knew at the time of the trial in Rutland
that any of the jurymen were disqualified
1t was their business to ask to have the
jury discharged.
w. B. C. Stickney of Bethel closed fol
the defendant. stating that whatever
statements Mr.. Clement might have made
were open to construction and that an at
tempt was being made to give the whole
matter a political complexion.
Mr.. Powell said in reply to Mr.. Dunnet
that the Information that the jurors wer'
disqualified came to the counsel by let
ter during the hearing in Rutland anC
that they Immediately brought the mat
ter to the attention of Judge Wheeler
but that they did not think they SHOULD
ask to have the case continued in orde
to let them look up evidence.
Previous to the Wilson-Clement nearin,
c. F. Tully of Bellows Falls was sentenced
to 1s months at hard labor in the house o
correction in Rutland, having PLEADED
guilty to the charge of taking $50 from TIL
mail in the post office al Bellows Falls
where he was clerk. United States Dis
trict Attorney Martin appeared for tn
government.
Court was adjourned to the first Tues
day in January, a the Brooks House.