The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-02-15

sayory Nature in Regard to Relations
Between Young Men Involved-Jury
Out Two Hours.
The trial of the case Of State against
Frank Shepard, who was arrested sat
urday night on n warrant charging MN
with having been the perpetrat0r ot
the aeid.throwing assault on Elwyn
Richardson the evening of Feb. :, was
tried before Judge +. w. Gibson in
the municipal court, beginning Monday
morning and concluding late the FOL
lowing afternoon. Although the evi-
dence presented by the state was not
in the opinion of the jury sufficient TO
convict the respondent of the crime
charged against him, the testimony
brought TO light story Of shocking
moral depravity in the relations be-
tween Shepard and the young man at
whom, il was charged, he had thrown
mixture of lysol and cowitch. Like
all cases which involve testimony OF
a sensational nature, the hearing at.
tracted large number of people and
the court room was crowded TO ITS ca.
pacity at all the sessions, in spite OF
the request of the states attorney that
all spectators be excluded. To add TO
the excitement the respondent tainted
in court when he learned from the
foreman of the jury that he had been
acquitted.
is related in The Reformer Of last
week an assault was committed upon
Elwyn Richardson, the evening Of Feb.
.. by some person, either a woman or
man disguised in woman s clothes.
The suspicious of the family and all
parties concerned pointed an accusing
finger at Frank Shepard, who had been
seen in the company of Richardson al
most constantly for the past two years.
The matter was not reported to the
police by the family Of the boy assault
ed but as soon as State S Attorney
Bacon heard Of the matter he decided
that the crime was of sufficient gravity
to merit an investigation and he be-
gan to look into the matter. He en-
listed the services Of Officers W, H..
Warren and L. X. Thayer and they be.
gan to gather evidence immediately.
officer Warren visited the Estey Or
gan company's shop Saturday and
asked Shepard TO come with him down
town, not suggesting in any way that
Shepard was under arrest.
Shepard consented and the two left
the shop and came down town in a
carriage They went to the office of
A. +. Schwenk in Crosby block, where
Attorney Bacon was summoned by tele-
phone. After his arrival the three
went to the office of DIR. Henry Tuck.
er. who had been called by the fam
ilv of young Richardson to attend him
Immediately after the assault. While
they were in the office of DR.. Tucker
writ was made out, charging Shepard
with breach of peace by throwing the
compound of lysol and cowitch into
Richardson s face and eye and the
writ was served there by Officer War
rem. As soon as the writ was served
Shepard was taken before Judge Il.
w. Gibson and arraigned on the charge
of breach of peace as the writ specified.
He pleaded not guilty, but was bound
over for trial under $500 bonds, which
after some difficulty were secured with
II. S. Goodenough as surety.
The court convened Monday forenoon
at $50 o clock After some words be-
tween Attorney Bacon and II. &. Bar
ber counsel for the defense, over the
matter of appointing a special ofhcer
for the summoning of jury the court
settled the discussion by deciding that
the prosecuting attorney had a right,
under the statnte, to demand the spe-
cial officer. Accordingly, Deputy Sheriff
Myron p. Davis was appointed and set
about the work of summoning the
Jury The court was then adjourned
until 1.30 in the afternoon
As soon as the court convened in the
afternoon the jurymen were examined
and after several had been objected to
by one side or the other a jury was
finally selected consisting of the fol
lowing: D. P. Dewitt, George A.
Eels, George Wilson, Dennison Cowles,
| +. +. Perry and NJ j. Moran.
Elwyn Richardson, the victim of the
assault, was the first witness. He told
the story of the assault, as was related
| in last week s Reformer. In addition
he told the story of relations between
himself and Shepard and that he first
became acquainted with the accused in
July, 1905. From that time their ac-
auaintance became more and more
friendly until Shepard S attentions be-
came improper. Soon after this Rich
ardson began to tire of the companion-
ship of Shepard and desired to dis.
continue the friendship. When he told
Shepard of this wish, according to the
statement made by Richardson on the
stand, the accused became angry and
said that he (Richardson) would be
sorry and that if he persisted in his de,
sire to stop associating with Shepard
that Shepard would "throw stuff in
his eyes, Under cross examination by
H. G.. Barber he told practically the
same story and was then excused and
not called to the stand again through
out the trial.
The next witness called was DR.
Henry Tucker, who testified that he
attended Richardson Immediately after
the assault and that he removed sew
eral particles of dust from the boy Is
eve. He was questioned at length
by Mr.. Barber as to letter which he
wrote to the accused asking him to cal
at his office as soon as possible on 8
matter of Importance. Later in the
cross examination Mr.. Barber sought tc
show that the doctor in company will
States Attorney Bacon and Officer
Warren had taken Shepard into
the doctors Office and there
attempted to put the respond
ent through the third degree. Wher
Mr.. Barber asked when DR.. Tuck
er had made his office a sweat