The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-08-07

bahAs rAch oi whom tcstlhci that Wy "
! reelion ol the states attorney he had e
amined the bank books and found ths
neither II. Iyr nor his wife had an ~
, count there. 4. ". flimp,on. who live
! in the house with 81. Cyr al ~ bro,
J street, was the next witness, lie test
he'd that about p;i5 Thursday night b
saw a person whom he called Harry -
Cyr run down the bank toward Whel
stone brook IA the rvar OF the honss
shortly after hearing some one IN III
house. Policeman Scion Richmond test
lied 10 the part be took in hunting Tor -
Cyr Thursday night aud Chief OF Pole
Evans told the story Of ~. cyf's arrest a
the paper mill, At this point adjourn
ment was taken for supper.
The first witness after supper was Mrs
Harry 81, Cyr, who testified that OF
/ Tuesday she gave her husband % cents
| ON his return offered her some change
which she refused 20 take. An interest
ing feature oi the hearing was the testi
mony Of Policeman Hiram Hyde, who re
manned with 81. Cyr Friday night. III,
said that 81. Cyr told him that Will,
driving 10 Iatileboro from Hinsdal,
| Thursday night by way OF the suspension
bridge two men jumped into his wagon
and knocked him 10 the ground, where be
laid an hour; that on gathering conscious
ness he found no signs OF his team and 81
walked home. lie said ST. Cyr told him
that on falling from the wagon he struck
against the wheel which made his ribs
sore and that he had two dents on his
forehead where the men struck him.
Witness said there were no spots on st.
Cyr's forehead where the blood had set.
tied In his testimony Mr.. Hyde gave the
details OF an interesting incident which
took place Friday night. lie said he was
instructed not 10 allow any one To see the
prisoner, but that during the evening
Lawyer III. q. Barber raped ON the door
and demanded admittance, which was a,
first refused Mr.. Barber then stated
that he had been requested To see the
prisoner by the latter's father-in-law and
that unless be was admitted he would
bring an action OF false imprisonment
upon the officer, whereupon the door was
opened TO him. lie said Mr.. Barber told
st. Cyr not 10 answer any questions in re
gard 10 the case. Mr.. Hyde said that az
forwards Mr.. Bacon was admitted and
that st. Cyr refused TO answer his ques.
tions. He said he objected 10 MIR. Bar
ber's coming into the room, but made no
objection when Mr.. Bacon arrived.
This concluded the taking Of testimony
and Mr.. Bacon proceeded with his argu
ment. lie argued that while there was no
direct evidence that St. Cyr stole the
money from Gooding the facts that he Dor
rowed 25 cents from his wife the day be-
fore, that Immediately after the money
was missed he had bills of the same de-
nomination, that his false statements in
Hinsdale as to where he procured this
money and that his course when the off
GERS went to his house, which were not
that of man who had been assaulted,
constituted the strongest kind OF circum
stantial evidence. Mr.. Daley argued that
in order TO convict st. Cyr it was neces.
sary for the state to prove that the bills
which he exhibited were the identical
bills stolen from Gooding. He also ar
gued that st. Cyr might have received
money from another source, that no eff. |
fort had been made TO show that he had |
been without employment and that if a
person had check he could draw money |
from bank without having bank ae
count.
At the conclusion of the arguments |
Judge Gibson stated that the court would |
take recess of five minutes before an
decision. At this point St. Cyr
collapsed and was carried out of the court |
room by his brother-in-law. Judge Glib
ION announced that on account of st.
yrs physical condition he would post
zone the announcement of his decision
until 2 o'clock Monday.
The court room was again filled when
he hour for announcing the decision ar
lived. Judge Gibson prefaced his decision
" a statement in behalf of st. Cyr. He
aid that there was absolutely no evidence
n the case tending to connect st. Cyr
With any of the crimes which had en-.
aged the attention of the public mind OF
70 VnI,o (lihenn satl no ada Tho |
tatement in order to disabuse the public
lind of any idea that the case might i'm
licate St. Cyr with any of the recent bur
laries. Judge Gibson then reviewed the
violence and concluded with this state
tent: Therefore the judgment of this f.;
ourt is guilty" As the word guilty" {
III from the courts lips st. Cyr sank [
mp in his chair as on Saturday night c
nd was again carried from the room by |
is brother-in-law. This caused another I
clay as the law expects that every pris- S
ler will be present to hear sentence pro
but after few minutes the {
ents of counsel on the question of
neither Jail sentence ought to be i'm
,sed
Counsel spoke very briefly on the sub
ct and seemed disposed to leave that
lestion entirely with the court. 1t be-
me apparent that st. Cyr would not be
condition that afternoon to return to
e court room so counsel waived the re-
ondent's right to be present to hear the
ntence, whereupon Judge Gibson an
unced that on account Of the respond
It's condition he would not impose Jail
1tence, but would fine the respondent
ltence being imprisonment in the house
correction for three times as many
VS. as there were dollars in the fine and
its of commitment. The costs in the
ie amounted to about as much as the
The text Of Judge Gibson's decision was
follows:
The respondent is charged with the
ceny of sixteen dollars from coat
lging in an automobile garage. The
dence is wholly circumstantial. No one
arally saw the taking of the money.
The evidence in criminal cases may be
two classes, positive or circumstantial.
evidence is, in the alb
lct, nearly, though not altogether, as
ing as positive evidence.
The coat from which the money was
en- was hung up some time past ii =
ock on the morning of July 30th A
/ of money amounting to sixteen or
snteen dollars was in the coat at the He
e. Some time before l o'clock OF that ]
the said money, consisting Of ten :
ar bill, five dollar bill and either one
wo one dollar bills was taken from the !
. The respondent was in the room at liz,
time the coat was hung up, and re- Ia
ned there until 1890 or later. 1t is m mno
undisputed evidence that he was near h hIe
coat and had the opportunity to take IN
fn e.
BY elimination the state has shown AZ
and it is undisputed, no one aside uha'
/ the respondent who was in the room we,
re the coat was hanging from the time K;i
money was last seen until it was ~ ~;