Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1907-10-25

- 'SNN 'WSS Jays u 1et JuTy-tne
State Began Putting In Its Case Mon
day-the Main Facts in erlef-Appear-
anee Of the Respondent.
Last Thursday morning the case Of
State VS.. William Fairbanks for the muir
der OF Mary Grout at Saxtons River on
the 18th day of last May came on for
trial. The facts OF this case have been
heretofore very fully stated in the press
and great difficulty was found in securing
jury of men that had not formed an
opinion upon the case or of those who
did not have conscientious scruples
against capital punishment. The state
had 26 regular jurors and called "a more
on special venire, not quite all of whom
appeared. Out of these 80 men It was
impossible to secure Il to try the case
and after spending two days and a half
j. w. Melendy of Londonderry deputy
sheriff, by direction of the court, started
Saturday afternoon and called in a large
number Of judicious men from the body
OF the county of his own selection for
/ talesmen. This good old English pro-
ceeding is seldom used in our courts ex-
| cept for the purpose of filing a panel Of
jurors when for some reason there are
| not enough in court and then a man Is
commonly taken from either the court
house or the village. But contrary to
.
power to direct the sheriff to proceed out
into the body Of the county and call in
any number Of judicious men for this
purpose. So on Monday at the coming
in Of the court, Sheriff Melendy appeared
with his special talesmen thus called. and
jury was secured with but little trouble
as follows:
Frank Yeaw. Samuel Yeaw, Fred John
son and Leon T. Boyle Of Dover, Amos S.
Gallup OF Gullford. z. NJ. Thurber and
| w. c. Phelps of Halifax, VIII ]. Perry
| and Dana S. Angler of Putney, Frank
Weeden of Rockingham. Fred Wheeler of
Stratton and Frank Faulkner of Whiting
| ham.
! The state has occupied the time since
| in developing its case and will not COM
/ plete its evidence for a day or two longer.
| The states evidence tends to show that
/ the respondent and Mary Grout both OF
| whom were married. had maintained an
| Illegal intimacy for some time before the
! tragedy, and that the respondent, who
! evidently was not a strong minded per-
/ son, was infatuated with Mary Grout and
/ for some time prior to the murder had
| been trying to have her go with him 70
| Ashuelot, y. H, and there go to keeping
/ house. That Mary. who evidently looked
/ upon the respondent as only available
| when a more progressing lover did not
| appear, had promised him to sell her
]
| lot. But that she kept putting OF the
! time, and meanwhile had received atten-
/ tons from one Thomas Penniman, who
! not only visited her but wrote her let
| tiers, some Of which she showed to the
| respondent, and evidently tantalized him
| by referring to his rival. a day or two
| before the shooting Mary left her house
/ in Saxtons River and went to stay with
/ a family by the name of Tenney, where
/ she was on Saturday, May % and al
/ about : O'Clock that evening. while she
was entertaining the family and some
neighbors by playing a graphophone, tbs
| respondent came TO the door and asked
| Mrs. Tenney to see Mary. AS soon as
Mary reached good place to stop tbs
music she went out and she and the re
| spondent were heard TO talk together fol
a few moments, the last part Of the con
versation being somewhat loud and eX
cited on the part OF the respondent
Next n shot was heard and Mary wal
heard TO say, "Oh, my God" and fall
Mrs. Tenney and the visiting neighbour
Immediately ran out of the back doc
and as they were going out seconL sho
was heard, and soon after a third, anC
as they and others approached the from
OF the house the respondent was fount
lying in front Of the doorsteps with NV,
bullet wounds in his left breast. uncon
scious, and Mary Grout was lying in tn
front hall with her head on the lowe
chamber stairs, dead with a bullet in tn
/ heart.
In addition to Mrs. Charles Tenney. a
whose house the shooting took place. IN
| principal witnesses on Monday were Nj
and Mrs Joseph Campbell OF Proctors
VILE. who were visiting at the Tenne
house when the controversy took place
They testified to hearing one shot. fol
lowed By Mrs. CIRCUITS exclamation, "Oh
my Cod which was Immediately fol
lowed by the second shot, and that tn