The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-01-17
.MAHAN'S FATENOW
IN THE HANDS
OF THE JURY
Expected That a Verdict Will
Soon Be Reached
JURY GOT CASE THIS P. N.
Arguments Of Counsel Were Com.
pleted at 1870 and Judge Hazel.
tons Charge Given at $50.

hiiiCu Mdudil case ID Ill Tue uduuS
Of the jury which for the past four
weeks has been listening to the evil
dence. 1t is generally expected that a
verdict will be returned within a few
hours.
The closing scenes of the trial at
tracted the largest number of visitors
that has been present at any time.
Both gallery and aisles were crowded
and close attention was paid to the
arguments and Judge Hazelton's
charge.
For the first time during the trial
member of the prisoners family sat
beside him in the dock, Mrs. Alice
Hall being with him and weeping
much of the time as the attorneys
went over the facts in the case.
The prisoner himself looked bright
er and appeared to take more interest
In the proceedings than at any previ-
GUS time. He watched the faces of
the jurors who were so soon to decide
his fate and often glanced 40 the at
torneys and judges and occasionally at
the clock.
Late yesterday afternoon the first
argument for the defence was made by
Robert 4. Healy who made mastery
presentation of the facts from the
viewpoint of the defence. That
whatever Mahan may have done, with
his family record of nervous, mental
and blood disorders he is not of men,
tai capacity to warrant the infliction of
n nyfr ~ Nf hA 10 hox
the state had not clearly established
the fact of generalization and that AL
fred Mahan is entitled to the benefit
of the doubt.
With the opening of court this
morning the attorneys preferred to
Judge Hazelton certain matters which
they requested him to cover in his
charge.
o. M. Barber then closed for the de-
fence. Mr.. Barber spoke for an hour
and half and all present agreed that
1t was a remarkable effort I'm behalf
of prisoner against whom the bal
ance Of evidence Is strong. He called
attention to the horrid details of the
crime and declared it to be the act of
either a fiend or lunatic and asked
the jury to consider il the evidence
had shown Alfred Mahan to be fiend
during the years of his life previous
to this tragedy. He strove with all
the art Of language and oratory to
picture to the jury the admittedly de-
generate mind and weak intellect of
the prisoner and asked the jury IL
they were convinced that Alfred Ma
han Is of sufficient mental develop
ment to make the sending him to his
death the right thing to do beyond
the question of doubt.
Attorney General Fits closed for
the state. He reminded the jury that
in case like this the state practically
both prosecuted and defended in. that
1t gave every opportunity and advant-
age to the accused. The question for
the jury is to decide is whether Alfred
Mahan when he cut the throat of little
Ethel knew that it was wrong.
The mental condition of Alfred Ma
han was bad on the day of his crime,
declared the attorney general, but 1t
was due to his habits of drinking.
The evidence shows that for several
years Alfred had been drinking at
every opportunity and at least every
few days and was gradually develop
ing his own mental condition and for
which he must be held responsible.
All the circumstances of the case
show that Alfred Mahan could and did
reason both before and after the
crime. That he could not have taken
the razor from his pocket and removed
it from the case and cut the girls
throat without generalization. No
motive is sufficient to account for
murder, but the evidence shows that
Mahan had the motive of lustful de-
sire. In closing Mr.. Fits reminded
the jury that 1t was their duty to see
that the violation of the law is not
disregarded and that the sanctity of
womanhood is protected in this coun-
lty.
1t was 1890 when Mr.. Fits closed
and Judge Hazelton ordered recess
to 2.30 when he delivered his charge
to the jury. In his charge he ex-
planned generalization and the differ
ent degrees under which it would be
possible to arrive at verdict. At
$3.50 Judge Hazelton's charge was III
progress.