Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1906-01-04
Windsor County Court.
December Term, 1905.

/ for assauitlng with intent 10 XIII hhu hiut
der Luther Penniman by firing al MIN
twice with a loaded revolver. DIR. Morris
and his wife had been residents OF Ran
dolph and Rochester before going to Hart
land two years ago.
/ The evidence OF the state was in sub
stance that on Sunday morning, NOV 20
| about II O'Clock. DIR. Morris left his mouse,
and. by reason OF some domestic difference
the night before, went away without q
word to his wife. A few minutes atter ne
/ had gone, Mrs. Morris, standing at the Of
flee window, saw Mr.. Penniman on the
street and beckoned to him UP TO the
/ 10th OF November the Morrises had lived
/ in the DR.. Rugg house, next door TO the
home OF Penniman's sisters, and the place
/ he made his home when in Hartland. lie
was locomotive engineer for some years
| in the employ OF the G. V. Ry., making his
headquarters at st. Adams. As neigh
Dor, he and Mrs. Morris had met two or
three times, but were not on terms OF intl-
macy except as such next door neighbors'
On Sunday morning, Nov. rs, Penniman
went to visit friend. As he was passing
the Morris house, he saw Mrs. Morris at
the window and then she came TO the
door. Penniman stopped and she asked
him in He entered the house and she
asked him il he would not remove his
overcoat, which he did in the sitting
room. Mrs. Morris took the coat and car
ried 1t into the office she then returned to
the sitting room and asked Penniman TO
take a seat He sat down in a chair and
Mrs. Morris sat on the lounge.
They entered into conversation and
Penniman remarked she was not looking
we'll, 60 which she replied she was not,
and then related to him that the night
before the doctor had choked her. They
conversed about five minutes and Penni-
man had arisen from his chair to go, when
from the back door in rushed DR.. Morris.
He went at once through the sitting room
TO the bedroom adjoining. Mrs. Morris
at once told Penniman the doctor had
gone to get his revolver which she knew
he kept there. Penniman, not waiting for
his overcoat, ran out OF the house by the
side door, through which the doctor had
entered. The doctor, with his pistol, ran
to the front door and fired twice at the
fleeing man.
MIR. Walker, a next door neighbor,
came upon the scene and to him DR..
Morris said, ~ have caught a man in
adultery with my wife, and shot at him
twice, and hope / hit the cuss." This
remark was made after the shooting had
been done. Penniman, who was not hit,
continued his fight until he got into
New Hampshire, crossing the North Hart
land ferry. Next day, hearing the doctor
had been placed in arrest, Penniman re-
turned to Hartland.
The state introduced three witnesses
who related declarations by DIR. Morris to
the effect that he wished he had taken
better aim and killed Penniman. A 81
calibre revolver, the weapon used, was
put in evidence, and so was a picket from
the fence at the Morris house; this picket
was perforated near Its upper end by
bullet.
Such in substance was the tendency OF
the states evidence.
The respondent admitted the fact OF fir
ing the revolver, but said he did not aim
at Penniman and did not intend to hit
him. The doctor started out, as stated,
intending to visit a patient. For some
reason not explained, when the doctor had
driven about three minutes, he turned and
went back to his house. Why he thus
came back did not appear. He said as he
entered the sitting room of his house. he
saw his wife and Penniman in the act OF
adultery and at once went for his revolver,
firing at Penniman, but not, as stated, in
tending to hit him.
IL was argued from this that 1t could
not have been true that he caught the
couple in the act as he swore. On the 9th
er hand II was urged, Why did Pennlman
fly from the house, going by the nearest
door, as he said, because ii was the quick
est way out? Why, II was urged. did
Penniman continue his fight until he got
into the jurisdiction OF another state and
outside the jurisdiction OF Vermont
This, It was claimed, tended to show his
guilty connection with Mrs. Morris.
Both Penniman and Mrs. Morris denied
emphatically that anything improper had
occurred. 1t was urged by the state that
the reason Of the fight OF Penniman was
on account OF the attack by DR.. Morris,
and fear OF repetition fearing for his
life.
The respondent was ably defended by
w. b. Z. Stickney, J. q. Sargent and NJ.
Z. Weber OF Rutland, a relative OF DR..
Morris. The state was represented by
states Attorney Chas. Batchelder and ].
Z. Enright. Attorney General Fits had
court engagements elsewhere, and Mr..
Enrigbt was assigned to assist the states
attorney.
An evening session was held ON Friday,
and on Saturday morning ats O'Clock
Judge Miles charged the jury i'm very
clear, able manner. This was the Jury
T.. NJ. Thomas, West Windsor; John Dor
sey, Ludlow; $. o. Sargent, Norwich: Don
Il. Moore, Sharon; William Patten, Shar-
oni Z. w. Huntley, Reading; Carmi Hub
bard, Bridgewater; William W Webb.
Barnard; Fred V. Thompson, Ludlow
Janus o. Sawyer, Andover; Fred " Bar
rett, Weathersfield; Frank 5. Williams,
Springfield.
The jury took the case at 10 O'Clock and
at 2 o'clock in the afternoon brought in
verdict Of guilty OF simple assault. Both
sides took exceptions. Bail was reduced
from 5000 to 800 and sentence was sus-
pended.