Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1904-01-28

nesses as to the bad character of Martell
and the reputation OF Bean as a peaeeabl
. man. Several witnesses testified TO seeinl
the large blood stain on the platform o
T the Root barn; there was a nail sticking
D up in the center of the blood stain. Thi
e was to account for the cut In the skull o
e Root, which DR.. Huntington said was like
: knife cut.
Three or four witnesses then testified L
) there being no dew fall on the night that
5 Root was killed.
! VIM. Q. Fletcher, deputy sheriff at Bran
I don, told how tBoneyo Martell told him
that Paul Tinkham wanted him to tell q
lot OF stuff he did not know about. and il
he did not he would be ssrailroadedn be-
, fore night. Witness told Marteu TO tell
the truth.
Three witnesses then testified that one
OF them, Degarmo, fitted his foot into the
tracks at or near the Root barn, and it
fitted. 1t seems that Degarmo placed his
foot right into one of the tracks.
Theodore Bean, brother Of respondent,
told about letting respondent have revolt
yer. Joe said he had good deal of money
about him and wanted the revolver for
protection.
viii r. Huntington told about the Root
horses; one was very nervous, and when
no one was in the stable the horse would
knock his hoof against the side of the
stall. On cross-examination witness said
the horses were very gentle and kind.
He let his little daughter go about them at
any time.
DIR. Logan was then called as an expert
and asked about the condition and appear
ance Of the skull and the fractures on 1t.
He said the injuries were due to external
force, but how applied he could not say,
it might have been by blows on the head
and might have been from the head strik-
ing violently on some hard substance.
Gould not say whether the wounds were
inflicted by human agency, or were the
result of accident; no one could say that
The injury must have been very forcible
to crack the skull as 1t appeared. One
impact might have caused the condition of
the skull as shown il the head was forcibly
thrown into an angle. A horses kick |
might have caused the condition Of the
skull, and have left no mark, if the head |
was covered by cap or a thick heap OF
hair. In cross-examination witness said |
the fractures might have been caused by
blows from a club similar to the one in /
evidence. The condition OF the skull was
consistent with several blows having been
struck.
viii Gould, recalled, told about finding
one OF the Root horses loose in the stable
when he went to feed them the morning
after Root was killed.
John Green and Mrs. Laird testified as
to the blood stain on the platform of the
barn, and that there was a nail sticking
up in about the center OF the stain.
Emmett o. Severy told about making
tracks near his house early in the morning
after Root was killed. Tinkham saw the
tracks and said to Greeley, "Here are more
of the tracks we are looking for. Wit
ness said, 'sThey are my tracks, and con-
WINGED the two men that the tracks were
made by him.
Two witnesses then testified that Bean
sweat in bed at night, as shown by the
of the sheets and pillow cases OF
the bed he occupied. This is to account
for the condition OF the bed respondent
slept in at Hubbard's the night of the
murder The state claimed this condition
was from perspiration of Bean caused by
hurrying from the scene of the killing.
Lawyer Edgerton of Rochester testified
% the relations between Mrs. Wiley and /
Root. On one occasion he root accused
ler OF trying to poison HIM; she denied ii.
On another occasion Root took an axe
way from the house and said to Mrs.
Wiley she should not have chance to \
throw an axe at him again.
viii +. Huntington was called to the \
anne point, as to bad feelings between
Root and Mrs. Wiley, and the witness Y
'elated some conversations between the
wo. In cross examination witness said
ne never thought they meant anything 9
erious by their talk.
Evans Lovett was re- called and testified il
o there being "beggar liceh weeds around
nd about the Hubbard premises, near the y
Watering trough and barn.
The respondents case closed at 3:15
friday, the ed The state, in rebuttal. i
My called two witnesses. Maggie Bel
len denied furnishing postoffice stamped
nyelope to respondent, for Chatfield as u
lean swore. Henry Belden swore that d
ihen he saw Chattleid addressing an
nvelope, as testified before, that Mr.. p
lean was standing by Chattield and held OF
letter in his hands.
The testimony closed at 3:20 and after a =
hort recess, the arguments began. 1t n
eng apparent that the case could not y
lose by Saturday night, Judge Munson y
ana fair division would be TO have two
rguments before the Saturday recess and
NO this week, beginning Monday at p.
}. so states Attorney Blanchard argued
NTH the recess of Friday evening. Satur- x
ay forenoon was used by t. w. Moloney o
u the defense. A recess was then taken al
ntil Monday afternoon at 2 O'Clock. =
hen Mr.. Stickney closed for the re- pl
oondent. Tuesday forenoon Mr.. Sargent n,
osed for the state, and Judge Munson OF
harged the jury. ed
In his opening argument for the re- di
1ondent, /. W. Moloney said that the Ia
Use OF the prosecution rested on the testi- q
ony OF the confessed perjurer, "Boneyi te
Iartell Remove that and there is moth IL
g left, and there was, too, reasonable Gu
oubt il Root was killed by any one. Re- b
ewing the evidence as to Beams where
louts on the night of Roots death. he
I'D Il was a physical impossibility for
Fan 10 have been at the scene OF the ",
agedy and return at the time he was
lown to have entered Hubbard's, unless y,
, had wings. "
w. Il. q. stickney made forcibIe argu-
ent for the respondent Monday after pii
ION. lie referred TO the evidence i'm the
Sc and to the reputation OF the respond cf
i Tor nearly 20 years, as being utterly in Bu
nslstent with the idea that he should !
we committed such a crime as that ~
arged TO him. Mr.. Stickney dwell M ~ ~
the TACT that except as contradicted -
the evidence OF two witnesses, who
We admitted the falsity of their th'
itement in their testimony in this Br
Sc, the respondents statements are \
rroborated by circumstances and ing
the evidence in the case. He in sic
'ted that the differences drawn hy hel
state from the evidence were not 7
e result of impartial judgment. but col
IRE colored by suspicion OF the respond fro
!. This suspicion had influenced the tio
tire conduct of the cause and to such an /,
tent that such suspicion was insisted
'on as ground of conviction. In the iae
gn1nm At IL, All