Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1907-11-08

banks of Grafton, charged with the MUIR
der of Mrs. Mary Grout is near. All the
arguments except the states closing ar
gument were made today. At the open
ing of court this morning It was agreed
that not over three hours should be con-
sumed by each side.
States Attorney r. c. Bacon made the
opening argument for the state He
painted a vivid word picture of the states
theory of how the shooting took place.
which he claimed was supported by the
evidence. He claimed that Fairbanks was
a man of full mental responsibility for
the act, and that he supported his wife
until May of this year. that four years
ago he became enamored of Mary Grout,
his wife's niece, and that their intimacy
increased to point where It became un-
lawful: that Fairbanks became jealous of
Thomas Peniman, town pauper In Bel
lows Falls, and resolved to take Mrs.
Grout to Ashuelot, N. H. Mary Grout,
Mr. Bacon argued agreed to sell her fur
niture and go with Fairbanks but after
wards decided not to go. and when Fair
banks learned from Mrs. Myra futile that
she did not intend to keep her agreement
but intended to go back to her old home
in Grafton, he resolved she would go with
him or he would kill her and so told Mrs.
futile that Mary Grout never would go
back to Grafton alive. Mr. Bacon said
that Fairbanks then went to where Mary
Grout lived in Saxtons River, talked with
her about going to Ashuelot, and that
when she refused to go he shot her and
then turned the revolver upon himself.
AS Mrs. futile, whose testimony the
defence sought to discredlt. Mr.. Bacon
said the absence of gossip about her
reputation was the best evidence that 1t
was good. He said the defendants wit
nesses who said it was not good were
not the best citizens of the town while
the states witnesses who said her repu
tation was good were prominent business
men who never heard her reputation ques-
toned. He said that the time when Fair
banks was told by Mrs. futile that Mrs
Grout was going back to Grafton instead
of to Ashuelot was the time when pre-
meditation began. He quoted the tes-
timony of the states experts and of the
nurses to show that Fairbanks was of
sound mind he said that defendants wit
nesses from Claremont, n. H, pretended
to know more about Fairbanks's habits
than his neighbors In Grafton who had
known him for forty years. He held up
Mary CIRCUITS heart, and demonstrated
how the dead girl would have had to hold
the revolver had she shot herself, as the
defence claimed.
Arthur p. Carpenter opened for the de-
fence. He quoted testimony to show that
Fairbanks was left handed, and that Mary
Grout held the revolver and snOt herself
and nearly killed Fairbanks: that the
evidence showed that she stood in the
hallway, two feet higher than Fairbanks,
that the course OF the bullets in the body
of Fairbanks was downward and that
the bullets in the body of Mary Grout
were not upwards, but straight, accord
ing to the testimony of DIR. Stone OF the
state laboratory. He said the testimony
of DIR. Stone was that the girl was dead
when she reached the floor, and that II
that had been so it would have been i'm
possible for her to have made the ex-
camation she is said to have made be-
tween the first ana second shots, when
| witnesses had said were very close to-
| gether. He emphasized the fact that
Mary Grouts clothing took fire from the
| revolver and that Fairbanks's clothing was
| not burned. He argued that the revol-
! yer was badly eaten with rust, whereas
| the state claims Fairbanks bought 1t after
| he met Mary Grout. Also that the state
| had not produced a particle of evidence
| to show that it belonged to Fairbanks or
! to connect him with II in any way. He
| continued that Fairbanks's statement to
the nurses at the hospital amounted to
| nothing and that Fairbankss request to
! be allowed to remain at the hospital
| and be given a position was, more than
| anything else, an indication of dis
! ordered brain. He said the only thing
| in the case that could be construed as
indicating generalization was Fairbanks 5
statement that Mary Grout would never
go back to Grafton alive, alleged to have
been made to Mrs. Myra futile, whose
own relatives, he said, testified that heI
reputation for truth and veracity was
not good.
Judge e w Gibson closed for the de-
fence He argued that, there were not the
| slightest circumstances to show thai
Fairbanks did the shooting; that Mary
| Grout had as much motive for shoot
| Z. frI,o ba Eqirha
had the predisposing causes to insanity as
| held by the medical experts. and thai
the hospital reports belied the statement.
of the nurses who said they regarded re
| spondent as sane, and the fact that Fair
! banks had hired out to man for worl
for the Monday following the shooting
disposed of the idea of generalization ever
If they proved that Fairbanks did thu
shooting He denied the truth of thing!
named and assumed in the Hypothetical
questions, upon which the medical ex
perts based their opinion that Fairbanks
was sane.
Toward the latter part of his argu
ment Judge Gibson quoted from Mrs
Myra Tuttles testimony. Under direc
examination she said Fairbanks told he
at Bellows Falls: she will never go bacl
to Grafton again and live and she is I
- fool to want to-"
Under cross examination Mrs. Tuttl
| SAID falTDdnkS IOlu Ollc WIN hSNS
come back to Grafton again alive" I'm
der direct examination she said she toll
Fairbanks there was no reason why NJ
and his wife could not live happily AM
have good time and that Fairbanks re
piled there was no good time for him
Under cross examination she said Fair
banks told her he was eating in the gar
ret, sleeping high and having h o
a time Judge Gibson argued that thes
differences in her testimony were sui
ficent to discredit the whole of her ties
timony.
Attorney General C. C. Fits began tn
closing argument for the state just befor
o'clock and talked about 10 minutes
until the night recess was taken. H
said Fairbanks was not so much OF al
imbecile but that he was able to MARI
into a respected family; and not so mucl
of an imbecile but that he was called b.
Mr. Gibson as witness to testify In
case a few years ago.
Attorney General c. c. Fits will clos
for the state tomorrow morning, afte
which Judge Seneca Haselton will delive
his charge
Newfane Friday, Nov. 8.
Mr.. Fits resumed his argument at
o'clock this morning He said the ques
tions for the jury to consider are:
|