The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-10-25
DEFENCE is
INSANITY
Lawyers for Fairbanks Show
This by Questions.
DAMAGING EVIDENCE
State Secures From Witness the Ad-
mission That Fairbanks Had Threat
ened Mrs. Grout Few Days Before
Tragedy-Alienist to Testify.

ened Mrs. Grout Few Days Before
Tragedy-Alienists to Testify.
The struggle to save the life Of
Fairbanks who shot his
niece, Mrs. Mary Page Grout, in Sax
tons River May 25, began at Newfane
and although the climax of
the trial has not yet been reached il
is evident from the sharp tits of the
opposing counsel over minute ques'
tions of law and the extreme care
with which the testimony of each
witness is put before the jury that the
counsel which the state assigned the
alleged murderer intend to work as
hard TO save him from the gallows as
If he were a millionaire instead of an
unfortunate individual with no money
to purchase legal protection. Although
no definite statement has been made
by Attorneys Z. W. Gibson and A. T.
Carpenter as to what line of defence
they intend to follow it is plain from
the trend of their examination that
insanity-Dementia Americana or
some other form-is to be the founda-
tion on which they will rest their hope
for lenieney from the jury. In ex-
amining several witnesses the defend.
ing lawyers have tried to bring out
that Fairbanks mind was unbal-
anced by some deep emotion previous
to the shooting and that after the ar,
fair he was not himself. On the 9TH
er hand State s Attorney r. G. Bacon
and his advisor, Attorney General
Fits, are pushing forward on the as
sumption that Fairbanks deliberately
murdered Mrs. Grout.
The trial has been progressing
slowly since Monday afternoon when
the jury was finally completed but
enough witnesses have been improved
to bring out damaging evidence
against the respondent. In an effort
to prove a motive for the crime the
state Yesterday afternoon brought
from Mrs. Margaret Tuttle the admls'
sion that Fairbanks had threatened
his niece only a few days previous to
the murder and had on previous oeea.
sions showed rage when the name OF
another man had been mentioned.
Doubtless the defence will attempt to
enlarge upon these spasms of emotion
and threats in an effort to make them
appear TO the jury like the fancies OF
a deranged mind, yet such an accom-.
plishment will require all the skill OF
the lawyers who are working SO hard
for the accused.
Fairbanks through it all IS main
tanning stolid indifference, sitting most
of the time with his head in one hand
and his eyes downcast. When he does
survey the court room it is with a va
cant look that some say he is assum-
inc TO assist the insanity idea. This,
however. seems improbable. The in
teresting part of the trial will prob
ably come next week when the de-
fence will produce alienists in an at
tempt to establish that FAIRBANKS
mind is unbalanced.
The trial has occupied the attention
of the Windham county court from
Thursday of last week. Considerable
difficulty was experienced in empan.
cling the jury, and it was not until
Monday afternoon that the last OF
the 10 men assumed his seat in the
inry box. So many of the prospective
iurymen were disqualified that Depu
~ Sheriff ]. W. Melendy was or
dered to have 10 additional talesmen
in court Monday morning but only one
or two of them were used. The Jury
as it was finally made up consisted OF
the following: Fred Wheeler, Strat
ton: Amos Gallup, Guilford; FRANK
Yeaw. Fred Johnson, Leon T. Boglt
and Samuel Yeaw, Dover; E. NJ. Thur
her. w. C. Phelps, Halifax; Dana An
gier. W. J. Perry, Putney; Frank
Weeden, Rockingham; Frank Faulk
ner. Nottingham.
The first witness on the stand was
Mrs. Jennie Tenney, who is a cousin
of the dead girl. 1t was she who saw
the accused man come up the street
cross over to the house and pass by
tbe windows. Mrs. Tenney testified
that she saw Fairbanks standing al
the door before she heard him rap
that she answered the summons
knowing the fear that Mrs. Grout fell
for Fairbanks. He demanded that
.Mamie" should come out as sool
as the selection that was oelns
played on the phonograph was hnish
ed. The witness testified that whei
she told Mrs. Grout that falrpanki
wished to see her at the door, Mary
exclaimed. "I told him that L nae
gone awav.'p Mrs. Tenney told OF tn,
Terrible fear that the girl showed
when she started to meet the man wh'
shot her, and continued by saying
that she closed the parlor door IN OF
der 70 keep Fairbanks out as she, her
self. was afraid of the man. one yes
tilted that loud talking ensued be
/ tween Fairbanks and Mrs. Grout an'
1 th,t It sounded as though Fairbank
was in great anger, but she could DIS
tingnish no words that were spoken
When the first shot was fired Mrs
Tenuev said that she ran to the oael
room. and on hearing the second sho
made her way to the back door. oh
had gotten no further, she continued
than the back stairs when the thlr'
shot rang out; she said that she wa
80 frightened she could hardly wal
for she believed that Fairbanks wa
irving to shoot her for allowing Mr.;
Grout to stay in the house. The eros
examination of the witness dwelt upo