Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1907-02-15

part of two days and which brought out
some Of the most disgusting evidence
ever introduced i'm Brattleboro Frank
Shepard was found not guilty Tuesday
afternoon on the charge Of throwing
burning liquid i'm the face of Elwyn
l. chardson Feb. >. The trial was by
jury in the municipal court Judge Ernest
W. Gibson presiding, and after an alb
sence of two hours the jury returned
verdict of not guilty. Shepard furnished
fitting climax for the two days of in
tense interest by fainting in the court
room when declared innocent
lie charge on which Shepard was ar
rested was assault by throwing lysoL
fluid used as a dsnfectant by physi-
clans in Richardson's face at the corner
of Vernon and Hudson streets Feb. at
about 72O O'Clock in the evening. The
prosecution was conducted by States At
torney r. c. Bacon and i'm the attempt to
establish a motive testimony was intro
duced concerning gross and unnatural
practices between the young men for
period of several months. The result
was a besmrching of the characters of
both young men but failure to prove
an adequate motive.
The defence was an attempted alibi
which was nearly complete but not quite
conclusive 1t was claimed thar the as
sault took place about us O'Clock and
witnesses testified to seeing Shepard
few minutes before that and shortly
afterward. 1t also endeavored to upset
the expert testimony of DR.. Henry
Tucker. the attending physician, as to
the burning effect of lysol To Offset the
claims of the prosecution that Shepard
was a moral degenerate the defence
claimed that the unnatural practices were
wholly due to young Richardson.
The story of the assault upon Rich
ardson was told in last weeks issue.
Last Saturday afternoon Shepard was ar
Doll ptrn IA ra1
He was arraigned in the municipal court
and was held i'm $500 bonds for his APP
pearancc i'm court Monday morning. The
bonds We're furnished by II. F. Good
enough
The trial was set for 1880 o'clock Mon
day morning and the work Of empanelling
a jury was begun. As it was i'm
possible to get one together to begin
before noon a recess was taken until
100 o'clock. As juror after juror was
drawn and objected to by the states at
torney or by il. c. Barber and +. l..
Barber, counsel for the respondent. it
looked as though the day would he en-
trely taken up i'm getting a jury. At
315 O'Clock the last one was pollcd and
the case was taken up. The jury was
Dennison Cowles George Ees, George
Wilson, NJ. j. Moran. II. p. Yearly and
D. p. Dewitt.
Judge Gibson had requested that no
women be present owing to the charac
ter of the testimony which was to be in
troduced. Elwyn Richardson, the victim
of the assault, was the first witness. He
testified that Shepard had threatened to
throw vitriol on him and had threatened
to commit suicide if the unnatural rela-
lions between them were broken off. He
said that he had an appointment to meet
Shepard at 80 o'clock Feb. . on the
Main street bridge and was going there
when the assault was committed. He
told of the assault describing his assail-
ant as a man dressed in woman's cloth
ing who threw the liquid in his face. He
thought that the person had on a black
skirt, a woman's hat and veil and a long
black coat. He said that Shepard came
to the house the Monday after the as
sault and asked Mrs. Richardson If she
thought he had done it before he knew
what the matter was.
His younger brother, Wesley Richard
son, testified to going to the corner
of Vernon and Hudson streets later in
the evening and finding a can there which |
he later identified as one introduced in
court. Mrs. Richardson was called and
testified to the condition of her son and !
the events at the home that evening. Mr..
Richardson also testified.
DR.. Henry Tucker identified the can |
as one brought to him by Mr.. Richard |
son and said that it showed traces of !
lysol the same substance which he
told of a letter which he wrote to Shep- |
ard asking him to come to his office and |
of the conference in his Office between |
himself, Mr. Warren, Mr.. Bacon and |
Shepard. He said that Shepard asked if |
the matter could not be settled without |
going to court before he was arrested.
Alice Richardson. II, took the stand |
and testified that she went for the doctor |
soon after the arrival of her brother |
after the assault. She passed the Main |
street bridge twice and did not see Shep- |
ard either time. 1t was just before $50 |
o'clock Allen p. Metcalf testified that |;
he was on the bridge at 100 and did not |
see Shepard.
A recess was then taken until 80 |
o'clock in the evening.
The defence was taken up in the even |
ing session. Shepard was the first wit |
ness. He laid the practices between |
himself and Richardson wholly to Rich |
ardson and said that Richardson had |
threatened to commit suicide if he did not |
fall in with his plans He said that he !
had an appointment with Richardson |
that night at $50 o'clock on the Main |
street bridge. He left home on Canal |
street at 645 and went to the corner of |
Flat street walked up Flat street and paid .
a laundry bill at Sparks Brothers |
laundry, continued up Elm street. down .
Elliot, up Main MS far as the Unitarian .
church and then turned and retraced his .
steps by the same route back to the Main |
street bridge where he STAYED until |
o'clock
Walter Timson testified that he walked |
down Canal street with him and left !
him at the Flat street corner,
Frank Ryan testified that he met Shep-
ard on the bridge at 7.25 O'Clock. Henry
@. Ryan testified to the same effect
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