Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-10-14
DOWNING GUILTY.
Convicted on Charge Of Throwing
Stone nj Railroad Train.


Chittenden county court reconvened at
two o'clock Monday afternoon. when
the case OF state VS. Ira Downing was
taken up. Downing. a resident of Shcl-
burne Is charged with throwing a hard
substance at a moving passenger train
on the Rutland railroad on the afternoon
of August rs. The train was the local
that leaves this city for Rutland at four
O'Clock in the afternoon. The rock or
substance hit the window sill Of a car. but
| did not enter the car. II is also charged
that Downing placed two pieces o. iron
on the track at different locations for the
! purpose OF wreckng a train. The
spondent, 1t appears, was the only man
seen walking along the rack on that aft
/ ernoon.
Several State witnesses were heard.
they being railroad men. They testified
J as 10 finding the iron on the track and
to seeing Downing on that afternoon.
| The following jury members were en-
paneled: 7. r Bates OF Essex. David
| Bissonette Of Jericho. c. c. Bliss Of South
! Burlington ". d. Gonvea Of Milton, =.
| p. Hanna Of Burlington. NJ. A Kenyon
OF Westford. a. c. Osrood Of We5rforl.
] s. O'Bren OF Colchester, ". w Pal
mer Of Jericho. A G Stevens OF Bolton.
! :. - w llT'l OF " lIllSNNll. "a |. W lilttlls
! Of Richmond.
| The case Of State vs.. Ira Downing, tho
respondent being charged with throwing
a rock at a Rutland railroad train on thu
afternoon Of August Is and with placing
obstacles on the track on the same after
noon again occupied the attention OF
| county court Tuesday
MI Downing. the respondent was on
tho witness stand In the afternoon. He
testified that on August o5. while employ
Cd by Miss Ruth Reed of Sheburne. he
left for Middl.bury to attend the fair
with about 81 in his pocket, That night
he rested in a livery stable and the fol-
lowing morning he bought a ticket FOR
New Haven Junction. intending TO walk
the remainder OF the way to Shelhurne.
Arriving at the junction. ne commenced
walking and at Nergernes took circle
about the city to see II he could ira
some friends, He then returned TO the
railroad track and continued walking
north. Arriving Just north o. Charlotte
II commenced TO rain and he got under
largo tree u was then that the passen-
ger train. going south went by. lie testi-
Sell that he did not throw any stone or
place any irons on the track. Starting
along the track again he saw a man
walking ahead Of him and he commenced
runring 50 that he might catch him. The
man Disappeared however.
Downing also testified about being SEN
fenced ut one time for stealing sum 81
money and NJ another time for stealing
a bicycle We also admitted that he was
once an inmate Of the Industrial school.
The testimony was given in such low
voice thai # could hardly be heard about
the court room.
The case Of state vs.. Ira Downing
of shelburne, charged with throwing
hard substance at n Rutland rail-
road train on August %. was finished
ye.terdy morning at Chlttenden coun-
| ~ court. when tho case was given 10
the jury At the beginning Of the
afternoon session the jury appeared
and asked to have the judges charge
read to them. They reRppeared at
about $40 o'clock and rendered a YER
dict OF guilty.
Judge Miles in his charge TO mo
jury said that the intent to niurs
some person or persons in the tram
IN question was MS important as tho
matter OF throwing the substance at
the train. He also stated that the
: jury might take into consideration the
criminal record Of the respondent IN
Weighing his testimony. Although no
person saw the respondent throw any
substance at the train. he said, crlm-
inals committing depredaUons ala NOS
plan to commit the same before witt
nesses, In the majority or such cases
circumstantinl evidence was alone de-
pended upon.
With the exception e the report o,
the Jury In this case no other bust.
ness was done In court during the
afternoon