The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-12-28


Arthur Wyman Arlington
Eros ID. Hicks Pownal
George Il. Brooks. WinhalI
A. b. Sanford, Stamford
oharles n. Bentley Sandgate
MARK sutton Searsburg
Onarles f. Sheldon Rupert
When the jury was finally selected
at O'Clock 90 men had been examined
by the attorneys and there were but
elght remaining in the regular list
Drawn at the opening of the present
term OF county court and the special
panel OF 81 jurors chosen for the case.
Yesterday afternoon the court room
was crowded. The session had hardly
begun before every seat on the floor
was occupied and the space in the rear
OF the seats and in the side aisles was
soon filled. The gallery, too, had few
vacant seats.
AS the afternoon progressed Mahan.
VINO had appeared more composed dur.
ing the morning session than on the
previous day again began to show eyi
dence OF nerves" and when the iury
arose TO take the oath from Clerk
Shakshober he nearly went to pieces
whenever a juror residing in Ben
nington or any of the adjoining towns
was called 1t was foregone conclusion
mat he would not be accepted. II was
only when the name of some of the
mountain towns and particularly those
IN the northern section of the county.
.oiiowed that OF the Juror that the out.
LOOK seemed hopeful. The Jurors re.
siding IN Bennington and adjoining
towns had read so much more of the
case at the time the crime was com.
mltted that they almost invariably an.
nounced that they had formed opin.
ions.
A pitiful feature of the days pro.
ceedings was the presence in the hall.
way OF Mr.. and Mrs. German Mahan of
North Bennington. The shocking
crime had robbed them of their onlv
child and now the father must NOT on.
y see his brother stand trial for muir
ler but perhaps assist in sending the
unhappy wretch to the gallows, for il
's more than probable that he will be
one OF the witnesses. 1t will be re-.
membered that 1t was he who, when
the body of the little child was found
IN the gravel pit carried the lifeless
and bleeding form to the home of his
father. A'0
AFTER the jury had taken the oath
Clerk Stakeholder swore in the two
deputies who will have charge of the
y, George L. Corey of Shaftsburv and
Harvey Lincoln of Dorset, and court
adjourned till o'clock this morning.
upon the opening of court this morn.
ing states Attorney w. ]. Meagher
opened the case for the state. In
pam, straightforward manner he told
.he story OF the crime charged against
the respondent. There were no nm.
necessary details but when he conclud.
ed the jury must have had n comnre.
nensive idea of the charge which the
state would attempt to prove.
In reply Mr.. Barber for the defence
after referring to the able staten,ant
OF the states attorney. stated tbot ~
"oulu De the attempt of the defence TO
prove that whatever Alfred Mahan had
act o' 'he
me nrst witness called to the stand
was NJ Il. Middleton, the civil engineer
VINO drew map for use at the trial
ne was questioned at length by Attor.
mey General Fits and MIR. Barber. mar.
tlcuiarly the latter who went into
many details in relation to the differ.
ent points noted on the man. the eIev.
atlohs, etc. The map was then taken
10 the jury who were instructed in ra.
gard to the different features that had
a bearing upon the trial.
Inc prisoner showed considerable
elnotion during the recital of the crime
py the states attorney but when his
pIother, German Mahan, the father of
MS alleged victim was called as the
next witness and walked to the witness
poN Alfred covered his face with his
and his frame shook with
soos' Not once did the prisoner lift
ms eyes as his brother calmly and
WIN only one trace of emotion. and
that when he described the finding of
tne little body in the gravel pit fold
the story of the awful afternoon and
night. GU"
me attorney general did not ask
many questions but encouraged the
witness to give his testimony In his
own way. German stated that he had
peen married six years and was now
childless, although two children horn
previous to the death of the murdered
mule girl had died In infancy. He re.
sided on Mechanic street in North Zen.
nington and his father. Thomas Mahan.
lived on the same street about half q
mile away. On the morning of the
crime he took breakfast at his fotbar,s
home where he saw Alfred whom he
said had been drinking. Accompanied
by his brother-in-law, Alfred Hunt he
went to the pond late in the forenoon
ishihg and did not see Alfred again
until late In the afternoon when he
saw his brother crossing the hill and
called to him to 60 to the house and
get something for the fishermen TO
eat.
German testified that Alfred return.
ed with the lunch and that he was ac-
companied by the child Ethel and thar
the two brothers met nm fba railr,,, 4