Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-09-28
JURY EMPANELED
Twelve Men Secured to Try Ben
jamin Williams for Murder.
Difficulty In Finding Men Who HAD
Not Formed an Oplnlon-Outline
Of states Evidence Presented
W Attorney Fits.

After working nearly two and a half
Jays to secure jury to try Benjamin
Williams on II charge VI having murdered
Policeman james McGrath a panel WIS
completed Friday afternoon at APO The re-
guar penal of jurors drawn for the Sep
TEMPER term of court was exhausted Thiirs-
day night and an extra panel of II men was
drawn from surrounding towns, these be-
ing exhausted before noon yesterday. IN
attempt WAS then made to complete the
jury by drawing men from Burlington
but every man who was drawn had either
formed an opinion or had conscientious
scrupuOus against capital punishment.
The deputy sh.iiifS were ordered ont into
The country again before court adjourned
and at four o'clock when tine session Was
resumed 90 additional jurors were ON hand
From this number the panel was quickly
completed just before the attorneys for
Williams announced that they were sat
isiiod with the panel Attorney Builai'i
leaned over toward Williams and spoke
to him. Williams, who had been watch
ing operations closely, turned his head
away and refused to answer. The jurors
who will try Williams are.
James Parker OF Essen
s. II. Waters Of Burlington.
G.. l.. Grow OF Westford.
J.. T. Howard of Westford
John Spear of Charlotte.
c. r.. Ayers of Jericho.
Do,1nan StockweIl of Richmond
Stephen Collins of Shelburne.
s. NJ Williams of Charlotte.
S W. Allen of South burlington.
NJ. T.. rillcy of st. George.
Homer Lock of Bolton.
After the jury WAS emoanclc" the oaoh
was administered by Clerk Ray. who
then read the indictment. Tie MADE '"e
REGULAR statement to the jurors, telling
them that if they found VILLAINS Su'"y 10
say guilty and say no more. 1" th"sc
words Attorney Cushman objected on tn"
ground that the jury could return several
verdicts Judge Haselton asked If the
objection was made because OF the
81 ohnds Of the defense and Attorh'
Cushman REPLIED that it was. the jurors
were told to disregard what the clerk
had said and were informed that they
would he instructed later by the court.
THE STATES EVIDENCE.
The statement Of the case on behalf
of the state was made by Attorney
General Fits. He said the State would
produce evidence tending to show that
James Mc,.;rath was a special police Of
ficer on duty on the evening Of May u,
1904; that Williams had before been a
soldier at Fort Ethan Allen and had
dc serted: that McGrath was informed of
that fact and that the government de-
sired Williamss arrest: that Mct1rath
IN ka. hA
He said the State would further show
that Williams was in Burlington the
night before May II ard that he spent
the night with a woman. that nc declared
that lie was a dcserter and said that if
any officer undertook to arrest him ne
woul injurc him; that hc showed an
army revolver.
Further that the State would show that
Williams on or about six or seven o'clock
on the evening of May Il. was seen in
the lumber yards ut the lower end of
Main street and that McGrath vas in
sight: that something was SAID to Will
Jams by some boys about NcGrat. and
that the bows told Williams McC;rath was
cop, later tina. Williams was seen talk
ing with McGrath and that McGrath took
him into CUSTODY, that Williams protest
ed and told McGrath to look out: that
Williams put his hand on his rocket
where lie kept the revolver and told Nc
Grath to stand back and then pulled the
revolver and deliberately shot McGrath
one shot entering the kidneys; that Me-
Grath staggered back saving: Don't.
DON'T or something similar, whereupon
Williams fired twice or three times more.
Mr.. Fits said the State would further
show that Williams ran to the lumber
yards: that McGrath never spoke so thai
any one could hear and that he died i'm
few minutes: that the respondent went
to Shelburne and was near the railroad
track when n freight train came along.
that the train was delayed and that Will
Jams asked the brakeman IL he could
ride to Rutland: that they, knowing Of
the murder told him to get into A. box
car. which he did, whereupon they shut
the door; that word was sent to Yer
gernes and that an officer arrested Will
Jams there
he said they would show that Will
Jams was brought to Burlington where
he ut first attempted to prove an abb.
hut later voluntarily confessed
DEFENSE MAKES NO STATEMENT.
Attorney Cushman was asked if he
wished to make a statement, but that
he replied that he had nothing to say
at that time.
WITNESSES SWORN.
the witnesses for the State were then
sworn and John Crowley was called To
he stand. Attorney Cushman asked to
have the witnesses excluded from the
court room and tho discussion of that
question occupied tho time until five
o'clock.
RECENT DEATH