Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-10-22

Frank Collins of West Lebanon, N. H.,
testified next. He also denounced Wilson'S
character.
The defendants last witness was DR.
Rollin ]. Goss of Norwich He spoke of
Wilson's reputation in more harsh terms
than any preceding witness. DR.. Goss had
heard the plaintiff referred to as a cor
rupt, immoral young man and he believed
II was so. Furthermore he had expressed
this opinion. He even believed that will
son was a murderer.
The defendant rested his case at 11:sO
o'clock.
PLAINTIFF ON THE STAND.
The plaintiff went on the stand in re-
buttal the last part of the morning. He
told the story of the shooting, repeating
largely what he testified to in his direct
examination. He said he had heard
threats made against him and had been
warned by officers to look out for him
self. He never saw Goshen before the
shooting and he had never spoken word
to the man in his life. On the night of the
shooting he was not anticipating trouble.
At the opening OF the afternoon ses-
sion the examination of the PLAINTIFF
was continued. He declared he had
never been employed by either the
Vermont Anti-Saloon League or the
Rev. G. w. Morrow. The plaintiffs
wounds received in the scrf1le incident
to the shooting ARRAY were dressed by
DR.. Logan of Woodstock. Mr.. Wilson
was questioned as to the testimony of
st. John and Huber. witnesses for the
defendant in the present trial, when
they testified at the time the plaintiff
was tried for manslaughter. At the
Woodstock trial St. John had declared
that Wilson had his right hand in his
overcoat pocket when he crossed the
hotel piazza prior to the shooting. Wit
ness had seen the hole in st. Johns
coat sleeve. which the latter had tcsti-
fed went through two folds of cloth
and was on the under side of the
sleeve. Wilson was positive there was
but a single hole and it was on the
upper side of the arm.
MORE EVIDENCE IN REBUTTAL.
The plaintiffs next witness in re-
buttal was Hiram Johnson of Waltham,
Mass. an attorney-at-law. He testified
as to the good chara cter borne by the
plaintiff in Massac husetts. Witness
knew officers of the Watch and Ward
society and the Faxon agency, for which
the plaintiff worked. and they had Of
ten spoken to Mr.. Johnson of Wilson's
good reputation.
The next witness was Deputy Sheriff
Henry II. Peck of White River juno
ton. Mr.. Peck testified about the
shooting. He was standing on the
north end of the Junction House piazza
when the first shot was fired. He went
to Wilson, but took no no.
tice of the others on the piazza. He
saw no scuffle. Wilson gave his rcvol-
yer to the sheriff without question. The
witness could not remember that the
plaintiff had said anything to him about
being insulted Sheriff Peck remember
ed seeing later d small bruise on Will
sons forehead. but no blood
When cross examined the witness
stated he had no reason to believe that
Wilson would summon him by a pistol
shot if in a tight place. No bullet
marks could be found on the piazza af-
ter the shooting.
Miss Mary A. Lynch of Brandon next
took the stand. She testified to attend
ing Mr.. Clements speech at Brandon
in April. 1902 for the purpose of get
ting an abstract for the Brandon Union.
She was positive that Mr.. Cement read
from his manuscript almost entirely
during the speech except when he told
a humorous story; witness remembered
seeing Mr. Clement give Miss Sadie
Smith a copy of his manuscript after
the speech.
Rufus c. Flood. publisher of the Bran
ents Brandon speech. Witness heard a
reference to the shooting and his impress
sion was that it was read from the manu-
script.
Ira w. Drew, a reporter for the Bur-
lington Free Press told of reporting the
Clement speech at Burlington for his pa
per in May, 1902. he remembered a refer
encc to the shooting in the speech. The
reporter was certain that Mr.. Clement had
confined himself closely to notes and he
had so stated in his report. Under cross
examination he said that if he thought
Mr.. Clement had really read the speech
he would not have used the language he
did in his account
Frank L. Freeman. Burlington News
reporter. also testified to reporting the
speech in Burlington. He said that Mr..
Clement had n manuscript in his hand
practically throughout the speech, Mr..
Clement had furnished the witness with
an abstract of his speech.
Fred r. Downing of White River juno
ton was the last witness called in the
case. He lived at the Junction at the time
of the shooting, December g. 1901. He was
near the hotel piazza talking to Hostler
Huber when the shooting occurred. Wit
ness saw Goshen strike Wilson and then
the scuifle followed during which the
shots were fired. The scuffle continued till
after the third shot. Then Goshen ran.
The witness had noticed blood around
Wilson's mouth Mr.. Darling thought he
membered hearing Wilson, when asked
about the shooting, say to Sheriff Peck:
Il am not going to be assaulted" The
condition of the light was such on the
piazza that the witness did not think that
a person coming out of the well lighted
hotel office could see as we'll as the wit
ness himself who had been standing out
in the dark.
III. NNf
copy made by Miss Smith of part of the
original manuscript of the Brandon
speech, which was lost, /. e.. not brought
into court by Defendant Clement with
the original manuscript. This part, of
course, contained the reference to the
"spotter" and the shooting and the words
slandering the plaintiff as alleged in the
declaration.
The plaintiff rested his case at 4:o5
o'clock.
NJ. L. FOWELL'S ARGUMENT.
Attorney Max l.. Powell of Burlington
made the opening argument for the plain
tiff, He had not entirely finished wheu
an adjournment was taken for the day at
$50 O'clock Mr.. Powell said the case was
of small compass, there being only two
questions for the jury to decide. The first
is whether or not the defendant used the
words or substantially the words as al
legged by the plaintiff. The second is the
question of damages. AS proof of the use
of the words alleged Mr., Powell said he
had put the defendant on the witness
stand and Mr. Clement had said that when
he dictated to his stenographer the man
uscript prepared for his Brandon speech
Il was what he had in mind. This, the
attorney considered equivalent to Mr.
Clement confessing the utterance OF the
words because if the candidate for gov
ernor did nothing but sit and dictate to a