The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-10-18
FAIRBANKS
is ON TRIAL
Murderer Before Windham
County Court.
SHOWS NO AGITATION
Most of Yesterday Spent by Counsel
in Effort to Choose a Jury-Extra
Venire Summoned Yesterday After
noon-Defence May Be insanity.

noon-Defence May Be insanity.
With the prospect of arousing more
public interest than any county court
proceeding of recent years the trial OF
William Fairbanks of Grafton, charg'
ed with the murder Of Mrs. Mary
Page Grout at Saxtons River May 20,
1907. began its course at Newtane
Yesterday. State s Attorney Robert
{. Bacon is in charge of the trial for
the state with Attorney General
Clarke c. Fits as his adviser, while
the respondent is represented by Er'
nest W. Gibson, Arthur Z. Carpenter
and Anthony 4. Sehwenk of Brattie'
boro. Fairbanks appeared in court
yesterday morning and entered plea
of not guilty to the charge OF murder
in the first degree. lie appeared IN
much better health than when he was
taken from the BrattlebOro Memorial
hospital to the state prison at Wind
sor, being heavier and having much
more color. During the proceedings
Fairbanks sat with his eyes closed
and apparently took no interest what.
ever in the work of selecting the IL
men who will decide his fate within
the next few days. Starting with
yenire of 2s men yesterday morning
the opposing counsel spent the day IN
examining - of them and at the close
of the session IL of the % had been
excused on account of a prejudice
against capital punishment or for nav
ing previously expressed an opinion
relative to the case. The remaining
II men will be further examined to-
day before the last six of the 2s are
called. Sheriff A. II. Thompson yes
terday afternoon served venlre
summoning 25 more men to appear ana
be ready to act as jurymen. up TO
last night not single member of the
jury had been selected and 1t looked
as if today might elapse before any
substantial progress were made since
neither side had made use OF SIN
gle peremptory challenge. The coun'
sci who were assigned by the court to
look after Fairbanks s interests have
been given every opportunity to be-
come familiar with the circumstances
surrounding the murder in order that
the trial may be entirely fair to the
prisoner. 1t is probable that the de.
fence will be made along the line OF
insanity and determined contest
can be depended upon. About 60 wit
nesses have been summoned by Doth
sides and many spectators are in New
fame awaiting the beginning OF the
testimony.
The criminal docket has been pref
ty well cleared during the past week.
Henry Gallagher, the Jacksonville
fireburg, pleaded guilty Saturday to
five informations for arson filed by
State s Attorney Bacon. S. l., Smith
of Grafton pleaded guilty to forgery;
Walter Porter of Leyden, Mass,
pleaded guilty to larceny, and Ed,
ward Miller of Bellows Falls pleaded
not guilty to the charge Of horse
stealing. Just before the adjourn
ment Of court Monday Judge Seneca
Haselton imposed sentences on Gala
CHER and Porter. The former was
given not more than "a years and not
less than 20 years in the state prison
at Windsor G. S. Chase appeared as
counsel for the boy and urged leniency
on the ground that his client never
had any home life. Porter was SEN
| fenced to not more than three months
and not less than two months and ~
/ davs in the house of correction. In
| behalf of Smith who pleaded guilty
to forgery. +. B. Pingree of Bellows
Falls asked the court for leniency and
that the court sentence him to state
prison instead of the house OF correc
| ton, claiming that his associates at
Windsor would be of better class OF
people than at Rutland. The court
sentenced him to not more than two
wears, six months nor less than two
years at the state prison.
The trial of Edward Miller, who was
charged with stealing DR.. E. h.
Campbell's horse at Bellows Falls,
came off Tuesday. j. G. Martin OF
Newfane was assigned by the court as
counsel Miller claimed he never saw
the horse and did not know anything
about it. His defense was a general
denial of all the state s witnesses, d.
and Mrs. Campbell, Sheriff Thompson,
Thomas Bushway, John Mcclure and
George McAdams The jury brought
in verdict of guilty. Miller was
sentenced to state prison for not more
than four years, six months or less
than four years.
Orlen il. Ellis of Brattleboro,
against whom the grand jury found an
indictment early in the session, ap-
peared in Newfane Saturday and was
arraigned on the charge of selling Il,
ouor in this state while partner OF
Gale ON the island Ellis pleaded not
guilty and was placed under bonds OF
$1,000. State s Attorney Bacon said
Wednesday that the case against Ellis
will probably be taken up at the close
of the Fairbanks case. He also said
that he was ready to take up the in
dictment against F. G. Gale if the lat
ter were willing to appear IN tins
state.
In the case of Kentfeld against
Wolfenden, which went to the jury
last Friday, verdict of not guilty
was brought. in. G. S. Chase was eoun'
sci for the plaintiff and H. q. and +,
E. Barber for the defendant. In the
Williamsville dog case of Shepardson
against Derby, in which the plaintiff
was awarded damages of one cent and
costs. the court created somewhat OF
a surprise by holding that the defend
ant should pay only $5 of the plain
tiff's costs. The costs of each side
were considerably over 500 and !,
l.