Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-04-22
BOGLE'S STIFF SENTENCE
GETS TEN YEARS FOR ASSAULT
WITH INTENT TO KILL.
Fred Charron Gets Five Years SEN
tenee for Attempting to Break Jail
Other Happenings at Windham
County Court.

tence TOR attempting 70 oTcaN va"
Other Happenings at Windham
County Court.
Frank II Boyle of Dover was SEN
fenced to not less than 10 or more
than 12 years I'm the states prison at
Windsor by Judge Watson Wednes-
day The jury brought in verdict
of guilty, after being out about 80
minutes. The indictment in this case
charged the respondent with COM
hitting assault on his brother, Fred
Boyle. on Sept. IA, 1902, with intent
to kill, being armed with dangerous
weapon. Respondent shot his brother
in the abdomen with pistol. The de-
| fence claimed that the shooting was
| in self-defence. Schwenk and Mar
tin appeared for the state, j. *. Batch
elder being for the respondent
The next case was state VS.. Col. II.
MCGOWAN for killing a deer out Of
season MCGOWAN lives in Bellows
Fails and went to Grafton Jan. 81 of
his year to hunt rabbits with a party
of friends. It was claimed that while
in Grafton he shot a deer. The jury
brought in a verdict of not guilty yes
terday, after being out five hours.
Schwenk was for the state and G. ii.
| Ryder for the respondent.
| A jury was drawn yesterday after
noon in the South Newfane case OF
| Strattan VS.. Morse. This is a breach
of promise suit and the whole after
noon was used in the examination of
| the plaintiff, which was continued
until this morning. Jurors not on this
case were excused until Monday at
IL D. m.
The case of Emory Phetteplace, by
| his next friend, j. c. Allen, VS.. J. q.
Frost which began Friday morning,
was an action TO recover Tor
| Injuries to the plaintiff result
ing from bite by defendants
/ dog. The plaintiff was boy lS years
old at the time of the injury. The evil
dence in his behalf tended to show
! that the defendant had kept watch
| dog for several years at his residence
lin Vernon. The dog was housed
nights and In cold weather in an out
building. and running from this
| building to the highway in front OF
| the house was a trolley wire sus-
pended seven or eight feet from the
| ground. to which was attached
| chain with a swivel, this chain being
attached to a collar on the dogs neck
| This enabled the dog to run back and
forth between his kennel and the END
Of the wire, restrained TO certain
limits. 1t was his custom, as shown
bv several witnesses, to bark furious
IN on the approach of team and rush
10 the end of the trolley next TO the
highway, his hair standing up ana
his forward parts being thrown INTO
the air as he reached the end OF the
wire. The dog was usually confined
to the trolley. but on few occasions
was at large.
/ on Aug. 80. 1902, the plaintiff rode
on his wheel to the rear piazza of the
Frost house. The dog, then lying on
the piazza, united. sprang UP and hit
the boy severely in the back OF his
leg as he jumped off his wheel. Dr.
Newton of Mortified was called 10
dress the wound, and attended the
bov about month at that time and
afterward treated him for eczema
from which the boy is suffering at the1
present time. The doctor testified
that in his opinion the eczema result
ed indirectly from the bite of the dog
The testimony on the part of the de-
fendant tended to show that the dog
in question was known as Chesa-
peake Bay water dog, bought by him
as a watch dog, he having previously
had much trouble with chicken thieves
and trespassers on his premises. The
dog was kind and gentle, so far as
had ever come to his knowledge, ana
had never shown an inclination TO
be ugly He had never bitten any
one but this boy. and the bite was ow-
ing to the boys carelessness in rid
ing on his wheel to within six inches
of where the dog lay quietly on the
ground and then jumping off the
wheel upon the dogs tail. The de-
fendant had taken special interest In
the boy after the bite, and after re-
recovery had taken the boy into his
own home. boarding and clothing him
and sending him to school for time.
Defendants evidence further tended
to show that the boys injuries were
not as severe as claimed, and that the
boy was seen riding his wheel and
pushing baby carriage in two or
three days after the bite. The boy
also stuck a nail into his foot about
that time the injury received there
from being more serious than the bite
of the dog. The defendant produced
Doctors Pratt and Aldrich of Brattle-
boro. who stated that they had re-
Gently examined the boy and in their
opinion it was not possible that the
eczema from which the boy was now
suffering could have been produced
by the dog bite.
An interesting cross examination |
followed. in which the doctors stated
that the dog bite might have pro-
duced conditions which might later |
have caused the disease. The de-
fendant produced a receipt signed by |
the boys father by which, for con- |
sideration of so in cash and s24 in |
rent due the defendant by the father, |
this suit also another brought by the |
was to be discontinued. The |
receipt was dated Jan. 81, 1908. short |
time after the bringing of this suit.
It was also shown that E. II. Akley |
was appointed guardian of the boy |
Aug. %, 1908, and that he ratified the |
settlement made between the defend
ant and the boys father.
The Jury found. in answer to special
questions proposed by the court:
lst. That before the plaintiff was bit
ten the defendant had seen or heard
enough concerning the dog TO con-
vince a man of ordinary prudence of
The dogs Inclination to commit the
-lass of injuries here complained of;
"a. that the plaintiff suffered damages
in the sum Of s225 3d. that this suit
md the claim for damages involved
therein was not settled in good faith
BY the defendant with the plaintins
tather. A. F. Schwenk. ]. X. Batch
4lder and A. c. Spencer appeared for
Martin and Gibson for de-
'endant.
Sentences were imposed Monday
md Tuesday as follows: Fred Char
-on. for attempting TO break jail. not
ess than Az nor more than five years
n state prison, and for assaulting
officer worien Of Brattleboro, not less
han sis nor more than three years in
he house Of correction; Henry Tuck
" Tor hnrrlarv not less than q. nor