The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-01-08
MAHAN TRIAL WAS
RESUMED THIS
MORNING
juryman Sutton Recovering
From His Illness
SHORT SESSION HELD TODAY
Fellow Workmsn Testify That They
Once Found Respondent Unoon.
soieus In Tool House.

Mark sutton, the aged juryman from
Searsburg, whose illness yesterday
caused a recess In the Alfred Mahan
murder trial. had sufficiently recover.
ed this morning SO as to be able to re-
sumo his place in the jury box. He
is far from well, however, and ont of
consideration for his condition the
court was not called to order until 10
o'clock. The session was continued
to IL o'clock and considerable pro-
gress was made.
The attendance was fully as large
as at any morning session, most OF
the seats on the floor being occupied.
Christopher Freutrich testified that
he had been the gardener at the Jen.
nings farm during the past IS years.
Alfred Mahan had worked under him
on the Jennings farm during the sum-
mer and fall of 1901 and at different
periods since that time. The witness
testified that he experienced trouble
10 making the respondent comprehend
Instructions; If told to take hoe he
was likely to take wheelbarrow or
shovel. the tool that was nearest at
hand. When setting out the plants
and shrubbery after the new house
mad been built he placed the shrubs
IN trenches as they were received
from the nurseries. Each trench was
numbered. In sending Alfred to the
trenches for plants he frequently
made mistakes In selecting the wrong
plant; whenever he brought the right
ones he would say that someone had
helped him out.
The witness remembered occasions
where Alfred would talk to himself
and once heard him muttering. @
d you, | will catch you vet"
aired dld not associate much with
the other help but sat apart from the
others with his chin in his hand.
on one occasion he sent Alfred TO
the barn for straw to be used in GOV.
ering shrubbery and when he did not
return went after him and found AL
irepslttlng on tool chest in a doub.
led up position. He Strengthened the
boy into a more comfortable position
and left him. Later he found him nm
the moor IN partially unconscious
condition with a substance like brown
lroth about his mouth. Witness ac-
cused Alfred of being intoxicated but
the boy denied 1t and there was no
smell of liquor on him.
Inc witness considered Alfred be-
low the average in intelligence.
Cross-examined by Mr.. Fits the
withess testified that he was positive
aired had not been drunk the night
oeiore he was found In the tool house
put ne might have had a drink or
TWO. Questioned in relation 10 his
testimony before the grand Jury last
June the witness did not remember
stating that he found Alfred on the
moor. Alfred worked at the Jennings
, farm when there was barrel of cider
on the place, but he never saw Alfred
or any OF the other men drink from II.
j.. B Wardell, who formerly lived
IN North Bennington just east of the
Mahan house testified that he had
seen Alfred swinging at nearly all
tunes OF the year. He had heard AL.
fred talk to himself and had seen him
gesture as though talking to some per.
son when there was no one present.
he had worked for the witness for
ABOUT year and he considered the
respondent very weak-minded young
man.
Roscoe Cole testified that ten years
ago he resided in house next to the
Thomas Mahan house and frequently
saw Alfred swinging. Alfred appear.
ed to be rather a bright chap. but
never talked much. Had heard him
tmumble to himself and remembered
hearing him ask his father for chew
ing tobacco.
Michael Morrissey testified that be
was employed on the jennings farm
during the fall of 1906 and that Alfred
Mahan was in the habit of keeping by
himself during the noon hour. The
witness had heard Alfred talking to
himself. The witness testified that he
once saw Alfred lying on the cellar
floor near the tool chest and that he
helped to carry him into the harness
barn. Alfred did not recover con.
seriousness while the witness was
present. The witness observed no in.
dications of intoxication.
DIR. q. c. Haviland, who is connect.
ed with the Brattleboro asylum testi.
fed that Daniel Mahan came to the in.
stitution in May, 1906. He was sub.
1ect to epilepsy but in answer to cues.
lions the. witness stated he had never
discovered any injury that might have
caused the epilepsy. Cross-examiped
by Mr.. Fits the witness testified that
epilepsy might be caused by illness in
a small child.
Questioned further by Mr.. Barber
the witness testified that hereditary
epilepsy was likely to be brought on BY
any illness.
Mrs. Thomas Mosher testified that