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

Few witnesses were examined Satur-
day as court took a recess at noon
until Monday afternoon. 1t was day
of considerable Importance, however, as
il opened up an opportunity for the state
10 nut on witnesses from the Brattle-
boro Memorial hospital, where Fairbanks
was confined several weeks directly FOL
lowing the tragedy. The defense made
strenuous objection to the introduction
of testimony from the hospital nurses
claiming that the state should have put
them on in it's opening. The court ruled
that their evidence should go in as part
of the states case, but that the defense
should have opportunity to meet the issue
involved. To this the defense objected, but
the court overruled the objection and the
defense took an exception. AT con-
ference between the attorneys and the
court the state offered to snow by Miss
Elsie p. McCloskey, superintendent OF the
hospital, that Fairbanks made a con-
fession to Rev. II. r. Miles in the pres
ence of Miss McCloskey. Rev. Mr.. Miles
could not be required to testify, being
privileged person under the law, but
Miss McCloskey was not a privileged per-
son.
The first witness Saturday was ]. B.
Ricket of Grafton, a ltveryman. lie
thought Fairbanks was. mentally sound
in business matters, but not with respect
to women d. ]. Bemis of SaXtons River
also a liveryman, testified to an &C
duaintanceship with Fairbanks covering
a period of 25 years He never noted
any pecularities about the respondent
mental condition. The state then put on
DE- George r. Anderson of Bratleboro,
who testified that he considered Fair
banks to be a man of normal mind. He
attended Fairbanks in the hospital dur
ing the absence of Dr. C. S. Pratt or
Brattleboro, whose patient FAIRBANKS
was.
At this point Miss McCloskey was
called, and then came the opposing
claims of counsel. Miss McCloskey tes-
titled that she saw Fairbanks daily. she
was not asked at this time about what
she heard Fairbanks tell Rev. Mr.. Miles,
the time for recess having arrived.
Miss McCloskey was on the STAND Wheh
court opened Monday afternoon. she was
examined by States Attorney R. C. Ba-
con of Brattleboro, as was also MISS
Blanche Martin, superintendent OF
nurses at the hospital. These were the
only witnesses whose examination was
concluded that day, but just before .
o'clock Miss Jennie Corey, nurse AT
the hospital, was sworn and was asked a
few questions. 1t was damaging DAY
for the defense, but the expected con-
fesslon'' was not just what had been an
ticipated. by the public Inc oeIense
objected to the admission OF testimony
as 10 what Fairbanks said to any OF
the witnesses, claiming that 1t was salo
under duress, II at all. Fairbanks being
chained to his bed and being In charge oi
officers all the time. AS bearing upon
the condition of Fairbanks nina the oe-
Tense objected to the introduction OF the
conversation, for the reason that 1t was
subsequent to the shooting. These oo-
iections were oVerruled and exceptions
were taken. Miss McCloskey testneo
that on a certain night when FAIRBANKS :
wounds had brought him to point "hetS
it was expected that he would die cal
was sent for Rev. II. r. Miles, VINO Is
one of the hospital directors. Rev MT
Miles said to Fairbanks, in substance
do you realize the crime you nave com.
mitted?" Fairbanks replied that ne u io
and then the minister told MN 70 piaS
for himself and that when he felt sorIS
and sent for him ne, Mr.. Miles Woulo
come and baptize him. the mlhlst ,ti
then offered prayer and Fairbanks proA'
Miss MeCloskey also testified that OF
another occasion when she was oIes snln
the patients wounds she remarked upoi
how close the bullet wounds were. FAR
hanks said: Eyes, 1 did 1t with my lei
hand. / could always shoot as well VIII
my left hand as with my right. wa
always considered a good marksmaI;
She said he once asked her II she oo III,
not keep him at the hospital ana CIV
him a position, saying: Il don't know
what they will do with me for kililnl
that girl" She replied that she dld no
know, but would talk about IL later, ne ne
object in telling him that being TO aVoi'
engaging in conversation with him
view Of his serious condition.
At another time Miss McCloskey wen
into Fairbankss room to relieve one o
the nurses who was nauseated. She sai'
that on that occasion Fairbanks said u
her: 'Why do you have all these mic,
girls taking care of a murderer like meT
Her answer was that she did not lool
upon him as a murderer, but simply as
patient She said he talked considerapI
with the doctors about his condition AM
took great interest in regard 10 setlill
we'll He expressed a desire for corne'
beef and cabbage in preference to SQUAD
and chicken. From what she saw OF min
and heard him say she believed him TO b
be normal in mind, but a man of no IN
telligence. She said she had had IA years
experience in nursing
One of the best witnesses at the tria
from the standpoint of the state was MIS-
Blanche Martin, superintendent OF nurse