The Barre daily times. (Barre, Vt.) 1897-1959, 1906-04-19
Judge RoweII Orders Ray
Mullen to Asylum
FOR MENTAL OBSERVATION
Fred Ackerly Waived Right to Jury
Trial and Is Found Guilty Of
Bigamy--court Closing
Tn

BY order of Chief Judge RowclI, af-
ter conference with States Attorney
jackson and the lawyers for the de-
fense, Ray Mullen will be taken to the
state insane asylum at Waterbury for
observation as to his mental condition,
before he Is brought to trial ii, county
court on the charge Of numbering Fred
Batchelder in this city last month.
Batcheider died under peculiar cireum
stances on March 16 and the examine.
tion Of the organs revealed the presence
of arsenic. After brief hearing in
city court, Mullen, nurse and lcdger
in the same house at 81 jefferson street,
was held and A week ago q special grand
jury brought an indictment against tho
prisoner, charging murder.
Mullen win be taken TO the asylum
in a day 81 50 and will probably b. kept
there until the fall term Of county court
opens, when the case is due for trial.
The man is little known in Barre, as
he came to this city only two months
ago and made only small number IF
acquaintance. He is only rs years Of
age and Of rather prepossessing appear
ance. AT his boarding place he il said
to have given evidence Of some unusual
characteristics.
Pays 5000 For Liquor Selling.
The work Of coiinty court was ended
today, the last hours before adjourn
ment having been taken up with minor
matters. Sentence has been imposed
on Gementine Bianchi of Montpelier in
an old rum case, she being fined $500
for two offenses Of selling liquor III
legally The states attorney asked that
the costs be suspended, because Mrs.
Bianchi had been Of material aid to
the state III the George ". Smith ex-
court suspended the costs, and Mrs. BIZ
anchi paid the fine Of 5000. Harry
Marsh. formerly Hnton picture agent,
gets THE three remsihing years of his
minority in the indsytriaI school at
vergcnnes for stealing $40 from Roland
Kicker Of Waterbury, the money being
the savings of the Kicker boy on the
sale of papers. And il Ac doesn't do
well at Nergennes Marsh will 60 to the
house Of correction.
Waved Right to Trial
Having waived the right Of jury trial
and having submitted his case To Judge
Rowell on an agreed statement of fact,
Fred Ackerly. formerly of Barre, was
yesterday afternoon in county court
found guilty Of bigalny in marrying
Annie d. Smith of Graniteville. when
wife No. was still living. He was
sentenced to not more than three years
and not less than two years and u
half in the house Of correction. Ex-
ceptions we're taken to the Judgment
of the court, aud the case goes up to
Supreme court.
On Aekerly's request, however, exc
cution was not stayed pending the trial
Of the case by the higher court, and
Ackerly win be taken to Rutland soon.
Ackerly's defense was that he mar
ried the Smith woman in the belief
that his first wife was dead. a friend
having written him that she was dead.
Wife No. ! was married in October,
1896. Between that date and the time
when lie came 10 Barre in 1904, Ackerly
had led varied career, having for one
thing seen service in Cuba and the
Philippines. "A short time after reach
ing here he married wife No. 2 in the
Town al Barre, leaving her soen after
wards, with the result that he was ar
rested on the charge Of bgaIny after q
long hunt. il having been learned that
the former wife was still living in New
Jersey.
Ackerly was arrested at the home OF
the first wife. The defence raised u
point of law whether bigamy can be
proved if the first wife had not been in
the state in seven years before tho
second marriage.