The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-01
Doctors Give This AS Their
Opinion
NOT INSANE HOWEVER
Mental Deficiency the Loop Hole by
Which Accused Man Is Likely to Es-
cane the Gallows-state VIII Begin
Rebuttal Tomorrow Probably.

The legal mill which is grinding
prist of life or death for William FAR
banks, the alleged murderer of Mary
Page Grout, has been moving slowly
at Newfane during the past week,
Witness after witnes has been placed
on the stand by the defense and exam.
ined with reference to the past record
Of the accused man, and although MS
counsel have failed to concentrate their
efforts upon one theory enough evidence
has been introduced already to make
il doubtful whether Fairbanks Will ever
atone for his crime on the gallows'
Mental deficiency seems no VITO be the
loon hole by which the alleged muir
dercr will escape the death penalty
Insane, as the word is used In ITS
strictly legal sense, he probably is not
hut that he has always been mentally
irresponsible and incapable of control
long strong impulse there is practical
" no doubt. Heat,stroke, traumatlsm
resulting from bodily injury and
svphilis-all strong predisposlng
causes of insanity according to expert
witnesses-have had their place IN WI
liam Fairbanks s life, and while phy'
sicians are unwilling to state positively
that he is at present suffering from
any mental disease they have been
free to testify that they consider INN
a middle class imbecile,
In its opening evidence, which came
TO close last Friday noon, the state
did not lay particular stress on the
premeditation theory nor did 1t pro
duee many witnesses whose testimony
tended to show that Fairbanks had
made any threats previous to the nign'
of the tragedy In light of this eyi'<
dent weakness in the states case the
accumulated evidence regarding the
prisoner' irresponsible mental condl'
tion is likely to be all the more valu'
able The respondents S lawyers hope
to complete their evidence today ana
the state will begin its rebuttal lmme'
diatelv. Between 90 and 80 witnesses
have been summoned and it is probable
that the trial will take up the great
part of next week Since the defense
began Fairbanks has shown more IN
terest in the trial, watching the wit
nesses from time to time and convers'
ing briefly with his lawyers
As having bearing upon the theory
of premeditation the statements made
in Brattlehoro Tuesday by Fred Il.
Grout of Claremont, N. H., whose name
the murdered woman bore at the time
of her death. are not without interest
Grout came to BrattleborO Tuesday IN
response to summons from the de'
~
which side he was summoned and ne
gan a hunt for the state s attorney
While waiting to get word from New
fame he told representative OF Ihe
Reformcr that Fairbanks either a year
or two wears ago last Memorial day had
told him that he would shoot Mary be
fore he would ever let her go around
with another man. He also related
some interesting facts relative to Mrs
Grout s temper, showing scar on MS
head where a carving knife from her
hand had struck him. When counsel
for the defense learned of Grout $
presence in Brattleboro they at once
took him under supervision and when
1t became known that he had told or
Fairbanks former threats the advis
ability of using him as witness TOT
the defense became an important ques'
tion. In order to prevent his being
summoned hv the state, Grout was kent
in hiding Tuesday and Wednesday but
toward night on the latter day Deputy
Sheriff Kranp with a subpoena from
the state found the man in Gibson q
Waterman s office.
Grout is now in Newfane but 1t IS
not likely that he will he used hv
either side. The defense dislikes to
mt him on the stand because of the
damage he Is likelv to do its case hy
telling Of Fairharks's g nrevions threats.
and the state is afraid that If IT brings
ont this point the defense on cross ex-
animation will bring from the witness
stories tending to substant'ate the
theory that Fairbanks was mentally un'
balanced.
The defense in its opening made no
statement of what it would attempt to
prove. Leon Fairbanks, nephew of the
respondent, said that he saw his un-
Gle on the day of the murder in the
Central House talking with Warner
Townshend He fixed the time at noon
A., 7. Damien. Telegraph operator at Bel
lows Falls, testified as TO the time the
train left Bellows Falls. This testi-