Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-09-28
Evidence introduced Tending to show
That Respondents Mind WINS AZ.
fected-Had silly Smile At IRE.
Quent Intervals.

Williams's mind was affected. He furth-
or said 1t would be shown that McGrath
ma not n legal police officer and that If
he did arrest williams he had no legal
authority for so doing. II IL expected 1t
will take two days to complete the evil
dence for the defense.
RUM AND WOMEN.
The examination OF Albert Belka was
continued upon the opening OF court. his
testimony not having been completed the
previous afternoon. Reference was made
to conversations between the witness and
the respondent and in that connection
Mr.. Bclka said Williams once remarked:
"Women and rum will do most any
thing to a man."
HOUNDS ON TRAIT.
Chief Russell was recalled to the stand
and was asked concerning the Use of
hounds to track the murderer of Nc
Grath. The chief testified that a dog
was brought TO the police office and that
later a report was made to him of what
had been accomplished by the animal. He
said he knew nothing of what had been
by personal observation and because of
that fact an objection to the evidence
was made by Attorney Cushman, an ex-
ccption being granted.
SHERIFF HORTON.
r. n. Horton, sheriff OF Chittenden
county, was questioned in regard to the
suit of clothes worn by Williams. He said
Williams admitted TO him that the suit
belonged to Sergeant Brasser and that
Hrasser came to the Jail and identified
the clothes.
ENGINEER M'1NTOsTI.
n. NJ. Mcintosh. former city engineer.
was called at this time by the respon-
dents counsel because his testimony re-
garding the plan of the land in the vici-
nifty Of the spot where McGrath was
shot was deemed necessary before the
crose.examination OF certain witnesses
could proceed. Mr.. Mcintosh has pre-
pared n carefully drawn plan OF the
territory and this was shown and ex-
planned to the jury.
TRYING TO FIX TIME.
After the plan drawn Ivy Mr.. Mcintosh
had been fully explained John Crowley.
Frank Lavally INC Joachim I.abarge
we're recalled to the stand and closely
questioned by Attorney Cushman who en-
deavored to fix the time when n the
location where the witnesses saw Will
Jams on the evening Of the murder.
STATES CASE CLOSED.
Put two more witnesses were introduced
Nv the State. Mrs. Nellie Miller wished
to change her statement made the pre-
yiOus day in regard to the time she work.
ed at the cotton mill. She said size was
not sure whether she was working at
the time she last saw Williams but was
certain she was either working or was
going to tho mill to get work. chief Rus
sell was recalled TO testify to the fact
that he had an interview with Mrs. Mil
Ter after the shooting. The States case
was then closed.
DEFENSE BEGUN.
The first witness for the defense was
Walter Whipple. overseer at the mill of
tho Queen City Cotton Co. He testified
that he kept the time Of employees and
that his books showed that Nellie Miller.
who was then Nellie Grown. worked IN
May, 1901 on the 10, 90, 81, o5, &c. - and
:Sth only.
STATEMENT OF DEFENSE.
When court opened in the afternoon At
torney Cushman outlined briefly what
the defense would be. This statement
would hav been made previous to the
examination of Mr.. Whiprle in tho morn
ing but as he was anxious to get away
his evidence was received previous to the
statement.
Mr.. Cushn1an said the dc Tense expected
In GhnU. thaf Williams yrry not "a n pSprtpr
on May 12; that he was absent without
leave but that before he could be de-
tanned as n d~cserter he must have been
ten days. He further said that they
expected to show that McGrath WAS not
a legally qualified police officer and that
ON account of that fact he had no legal
right to arrest the respondent. Mr.. Cush-
man said ne expected to introduce evil
dence tending to show Nilliams's mental
condition lust before and just after the
s%ho"ting; that soon after he was taken
to Jail he had numerous dolusions; that
while under observation ut the State in
sane hospital he did many Things which
indicate an insane condition and which
show n diseased condition of the min
IT was stated with reference TO the testi-
inony Of Mrs. Miller that II would be
shown by soldiers that Williams was
not absent from the post so that II would
have boon possible for hin IN have seen
her as She testified. Mr.. Cushman said
evidence would lie introduced terding TO
that Williams was subject to men |
tai delusion in the Philippines and in
the United States prior 10 the crime and
that he had been subject to maiarial
fever. which caused him to become
"locoed."
NOT a LEGAL OFFICER.
NJ. d. Mcmahon. city clerk, was called
10 show the oath OF office taken by OF
fcer McGrath. A discussion Of this mat |
ter arose and Attorney Shaw stated that !
McCrath had never taken tho oath of
allegiance to the state; that tho oath
lie did take was rot a legal one; and
that because the oath WAS not leSal the
arrest OF Williams was illegal and that |
reasonable resistance was with. |
IN the law. Mr.. Mcmahon $ testimony |
was postponed for a time.
WILLIAMS WAS DULL.
Lieut.. Philip Mowry Of Troop !. 18th
cavalry, Testified that his attention was
to Williams shortly after the
appointment as wagner. be-
cause of his dullncss ana inattention. The
said Williams was greatly changed
and that when spoken to he would look |
up with u lear or smile. Lieutenant
MOwry said Williams was appointed way
oner because Of his dizziness at drill. new |