The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1907-11-08
THE WEEKS TESTIMONY.
And Summaries from Arguments by
Opposing Counsel.

The defense rested Friday morning
and the state Immediately called lO
witnesses from Grafton, all OF whom
knew the respondent for many years.
Each had met him in various situa'
tions and had seen him in widely dlt-
ferent circumstances. Several had
worked with him; Others had known
him intimately. All the witnesses
from Grafton testified that they had
never seen anything in the respond
ent s actions that would lead them to
believe that Fairbanks was insane
Each claimed, however, that the ac-
cused man was regarded as OF low
order of intellect. Those on the stand
Friday were Fred r. Smith, A. M.
Corey, Walter Watrous, John Sparks,
Samuel Walker, Francis Palmer, Her
bert Walker, Ernest Fairbanks, c. w.
Fairbanks and w. S. Eaton. Each
also said that Myra Tuttle was Of
good reputation in Grafton for truth
and veracity. The state also called
DR.. Deane Richmond, house physician
of the states prison at WINDSOR
where Fairbanks was confined pre-
vious to the trial. The doctor testl-
fed that from all he was able to OBJ
serve from treating the prisoner 5
wounds, in general conversation, and
from a physical examination he be-
lieved Fairbanks to be of sound mind.
DR.. Osgood of Saxtons River, who
treated the wounds Immediately after
the shooting, said that from all he
was able to Judge from seeing him fire.
ouently, treating him a few times and
in general conversation, he thought
the respondent was mentally sound.
Saturday morning the state return
ed to its case in chief. Miss Elsie
McCloskey, matron of the Brattleboro
Memorial hospital where Fairbanks
was confined after the shooting, was
called to tell of a confession made to
Rev. II. R. Miles, by the respondent
at a time when it was thought he was
diving. In such a procedure it is the
duty first of the state to qualify such
A witness and the right of the defense
to satisfy itself as to the competency
of the witness to divulge this evl-
dence. Nearly all the forenoon of Sat
prdav was taken in the matter OF
qualification and the session adjourned
with Miss McCloskey still on the
stand. A series of objections were
made and many exceptions allowed on
the testimony of Miss McCloskey and
that of the nurses following, the de-
tense maintaining that the statements
were made under duress and therefore
should be excluded.
Miss McCloskey resumed her testi-
mony Monday morning. She said
when it appeared probable that Fair
banks would die Rev. Mr.. Miles was
called. The clergyman asked Fair
banks eff he realized the crime he
did" and the respondent said eyes. -
Mr.. Miles then told him to pray for
himself and when he was sorry to let
him know and he would baptize him.
Mr.. Miles then prayed and the penn
tent cried. At another time witness
said that when she was dressing the
/ wounds she remarked, "You made a
close hit" to which witness replied,
"Yes. I did it with my left hand. !
can shoot as well with my left hand
as with my right I was always con,
sidered a good marksman." Witness
went on to relate other times he had
spoken. Once he asked her to keep
him at the hospital and give him a
lob. At that time he also said,
do not know what they will do with
me for shooting the girl. Miss Me.
Closkey said that from all she could
observe and from what she could gam
from all she could learn of him, she
regarded Fairbanks as of sound mind
On cross,examination Judge Gibson
asked witness if she thought it was
a trait of sound mind to ask for
lob when he knew he was under ar
rest on the charge of murder. Wit
ness said that it was Fairbanks s de
sire to work at the hospital while az
patient. When asked if that was
what Fairbanks meant Miss McClos
kew said she thought SO. After say
ing that she did not ask the respond
ent if he did mean that and had nevel
heard him say what he did think wit
ness replied that she did not know