The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-08
FATE TO BE DECIDED TODAY.


TO the stand Wednesday afternoon to
testify as to the people crossing the
railroad tracks at the station in Bel
lows Falls, Deputy Sheriff George 7.
Alexander testified as to the shells
that he found in the grip of the re.
spondent at the time of the shooting.
He was not able TO identify them,
however, when produced in court. On
cross examination he said he
did remember telling Judge Gibson
that Fairbanks did not have any more
realization of the crime he had com.
mitted than his (the oflicer's) four
yearold boy. lie also remembered
saving that Fairbankss mind was at
times a blank,
The opening argument in the trial
was made yesterday by States At
torney h. c. Bacon. He claimed that
Fairbanks was responsible for the
crime within the eyes of the law and
that he knew right from wrong. Mr..
Bacon outlined the theory of the
state which maintained that the re-
spondent assumed an Illicit relation
with the dead girl several years ago
and that he continued in this up to
the time of the shooting, When he
became aware that another, Thomas
Penniman, was sharing in her atfee-
tions he made plans to take her to
Ashuelot. n. Ii. On meeting Myra
futile at Bellows Falls on the fore
noon of the day of the murder and
learning from her that Mrs. Grout
had been in Grafton to hire tene'
ment he went Immediately to find out
if it was true from Mrs. Grout. The
state here assumed that the talk at
the home of Mrs Tenney had to do
with the proposed trip to Ashuelot.
On Mrs. Grout s refusal to 60 away
with him he shot her. Fermentation
began, the attorney claimed, when
Myra futile told Fairbanks of Mrs.
Grout s change of plans. Mr.. Bacon
then reviewed the evidence and EN-
phasized the points that strengthened
the theory that Mary Grout did not
do the shooting. This last point was
supported principally by the course of
the bullets in Fairbanks body and
the shot that pierced the dead girl
heart.
A. p. Carpenter made the opening
argument for the defense. He main.
tanned that Mary Grout shot Fair
banks and then killed herself. From
the testimony as to the position of
Mrs. Grout with reference to the ae'
cused man, showing that she stood
on the top stair of the front steps at
least two feet above the respondent,
coupled with the fact that the bullets
in Fairbanks s chest took a down.
ward course it was clear, he said,
that she must have done the shooting
This theory was still further appar-
ent, Mr.. Carpenter claimed, when the
straight course that the bullet took in
piercing her own chest was taken
into consideration. The position of
the revolver which lay at her feet
and the fact that the clothing about
the wound was on fire still further
give evidence of her guilt. The state,
he said had not connected Fairbanks
with the revolver. Only one witness
said anything about the pistol. MIR.
CARPENTER further claimed that the
stale 3 theory that Fairbanks must
have bought new one since May 3
was discredited as the revolver was
an old one and rusted with age.
Taking into consideration the condi-
ton of Fairbanks and his illness the
statements made by the respondent
should not be taken into considera-
ton. Mrs. futile, he said, was of
poor reputation as testified to by her
own relation and the generalization
theory based on her evidence should
not be given any weight,
Judge f. W. Gibson closed the ar
guments for the defense. He said
that the testimony of the nurses did
not agree with the records made;
that the facts recorded there showed
that Fairbanks sat on the bedside,
swung his hands, sang out, did vari- !
GUS peculiar things, should appear he
fore the jury. No attempt was made
by the state to show that Fairbanks
procured the revolver, he said. Evil |
dence showed conclusively, he said, !
that Fairbanks was predisposed to
insanity and that a marked change
had come over him during the past
few years.
Attorney General Fits began sum
ming up the case for the state at the
opening of court this morning. He |
said that it was the burden of the
state to show that the murder had
been done with malice aforethought |
and to prove this to the jury beyond
a reasonable doubt. He then took
up the question of Fairbanks s Grim
inal responsibility, saying that it
would have to be judged by his life
within 10 years previous to the muir
der. The defense, Mr.. Fits claim
ed had a scattering theory and none
of its grounds was valid. He laid
particular stress on the insanity theo-
ry, pointing to the fact that none of
the doctors placed on the stand by
the defense had been asked the ques-
ton whether they considered the re-
spondent sane or insane. On the
other hand, he said, Fairbanks had
confessed no less than nine times.
As to the Illicit relations between
Fairbanks and Mrs. Grout the attor-
ney general placed all the blame for
them upon the man S shoulders, say
ing that it was entirely unreasonable
to suppose that woman of Mrs.
Grout s years could have influenced a
man as old as Fairbanks to such an
extent as was claimed by the defense.
Taking up the circumstances just
previous to the shooting Mr.. Fits
pointed out to the jury the unsound-
ness of the theory that Mrs. Circuit
had done the shooting, and on the
question of generalization maintained