Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1905-05-12
WOMAN IN THE CASE
Frank Whitman Badly Pounded by
Will Smith, Fireman
Mrs. Jenks Had Been Whitman House
keeper and Smith Had Been Attentive
to Her-Both Arrested.


Jealousy over a woman brought two
men to blows on Elliot street Wednes-
day night and a police officer escorted
them into court yesterday. The trial
was the centre of interest on the street
throughout the day and evening The
woman I'm the case was Mrs. Mildred
jerks, who boards with Mr.. and Mrs
G.. N. Wilder on Elliot street, and the
combatants were VIII Smith, fireman for
the Central Vermont Railway company,
and Frank Whitman, who lived in Brat
tleboro up to a few weeks ago. Mrs.
jerks formerly was housekeeper for
Whitman on Elliot street. Whitman
came from West Swanzey N. H., We'd
nesday on receipt of a letter from Mrs.
jerks which stated that her little boy
was i'll and wanted to see him. Smith
has been taking his washing and mending
to Mrs. jerks lately, and formed an at
tachment for her through his visits. He
said he had been attentive to her few
weeks. Whitman and Smith met at Mr..
Wnder's Wednesday evening at supper
time. Then and there a fight took place,
followed by another about o'clock, and
Policeman Worden arrested both men.
Whitman was arraigned before Justice
Newton yesterday morning charged with
disturbing the peace. His face and head
looked as though some one had tried to
inscribe on 1t map OF the western hemi-
sphere. Village Attorney A. F. Schwenk
appeared for the prosecution and e. w
Gibson for Whitman The respondent
pleaded guilty and was fined SIS and
costs, which he paid.
Smith then was arraigned on the same
charge. His counsel entered a plea Of
not guilty and demanded a jury trial,
which was held before Justice F. d. E.
Stowe. The jury consisted of H. s.
Goodenough. w. r. Geddis, w. f. Banks,
II. f. Bond, J. E. Mellen and Lucien
Elmer The trial began about 4.30 and
the case was given to the jury at 7.3O
The jury reported n disagreement at
o'clock and was discharged. The prosecu-
tion asked for n new trial. which was set
for this morning, the respondent being
placed under bonds i'm the sum of $50.
The first witness yesterday was Whit
man. He said that when Smith arrived
at the Wilder house to call on Mrs.
jerks he CWhitman) said: He can't
come in here while ! am here" Whitman
struck at Smith, but did not land on him
and fight followed. after which Whit
man left the place. Mrs jerks testified
that Whitman said to her: TN do him
and you too and called Smith names.
Whitman said ne went to Main street
and about 9 O'Clock started back to
Wilder's house. He met Louis and Fred
Dompier and while talking with them
Smith and Mrs jerks came along. When
Smith was opposite him. near Mrs. Rus
sells laundry, he struck Smith in the
head and started to run. Smith gave
chase, overlook him and pounded him.
Fred Dompier said he thought Whitman
struck Smith in the head with a stone.
Dr. G. F. Barber said that he saw the
men on the ground when he came out of
Emerson building, Smith holding Whit
man by the arms. DIR. Barber took hold
Of Smiths collar and told him to get up,
which he did. He took hold of Whitman's
II. IL
his hand covered with blood Both SEEM
ed to be somewhat dazed.
The respondent then took the stand.
He said that while he was at the Wilder
house boy named Frank Brown came
In and told him that Whitman was wait
ing outside for him and hat given warn
ing not to let his presence be known.
This and Whitman's threats made him
fear bodily harm and when Whitman
afterwards struck him in the head with
a stone. or whatever II was, he chased
Whitman and punished him, although
hardly knowing what he was about. Mr..
Wilder testified in a general way about
the fight at the house. Lila knight,
boarder at Wilder's, said Whitman had
something in his hand at the house that
looked like a knife, when he struck at
Smith. Florence Willard, another boarder,
was positive II was a knife. Louis DOM
pier said Whitman threw something at
was positive that she saw a knife in
Whitman's hand when he struck at Smith
at the house Frank Brown testified
about Whitman's warning not to tell
Smith that he was waiting for him.
Policeman Worden testified as to the
arrests.
Mr.. Schwenk argued that whatever
transpired previous to the fight on the
street Smith had no right to chase Whit
man and pound him. because that was
not an act of self defense. but on the
contrary was a breach OF the peace.
Lawyer Barber argued that Smith was
dazed by the blow on the head, that he
was provocated and that under the cir
cumstances his act was devoid OF the ele
ments of a crime.
While arrangements for a new trial
were being made this morning, Smith
entered a plea of guilty and was fined
$3.50 and costs, amounting to over $40
Had he pleaded guilty in the beginning
the maximum fine which could have been
imposed is $40.
Mr. and Mrs J. Rathbone have come