Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-06-18
<COUNTY COURT%N
j0ry in Marston Case Finds Vet-
diet of Simple Assault.

teaCner, were out considering tne Ver-
dict when our court report closed last
week, After an absence of over 25 hours
the jury came in shortly after o'clock
Friday afternoon, when the foreman an
nounced that they had agreed upon
verdict. The verdict was that the pris
oner was guilty of simple assault, exact
| ly the same verdict as was rendered by
the jury in the former trial last winter,
and on Monday afternoon when Marston
was brought into court for sentence.
Judge Butler imposed upon an exact
duplicate of the sentence which Judge
Stanton gave him last January, which
was that he should serve not more than
five years nor less than four and one
half years at hard labor in the House of
Correction at Rutland. Judge Buffers
remarks in passing sentence were mild
in manner but severe in import. Marston
had nothing to say for himself or his
counsel. Mr.. Davis spoke only few
words in his behalf Sheriff Smith went
down to Rutland with Marston on the
Tuesday noon flyer.
Friday forenoon an 1S year.old Starks-
boro youth named Guy Hutchins was ar
raigned in court to plead to an informa
ton charging him with an assault upon
Ada Marsailles, an eight year-od girl, at
Starksboro, on March II last, since
which time the respondent had been in
Jail. Hutchins was permitted 10 plead
guilty of simple assault, which he did !;
and the same afternoon Judge Butler
gave him good lecture and a sentence
of not less than two years in the House
of Correction, but the sentence was sus-
pended and the young man was placed
in charge of Probation Office Olin A,
Smith.
The last criminal case and the last jury
trial of the term was begun Friday fore
noon and completed in the afternoon.
This was State VS.. Frank Bushey of
Monkton and was another assault case,
the charge being breach of the peace by
assault and battery. Bushey is a Monk
ton farmer 43 years old, an industrious
/. man with a good reputation. Mrs.
Helen Beauieau, rs years old, COM
planned that on the night of August 6
last Bushey struck and pounded her,
threw her down in the road and nearly
drove his horse over her Then he half
dragged and half carried her into her
house. nearby, and her right arm was
black from the wrist to the shoulder,
and entirely useless for several days
afterward. According to the woman's
story, her husband was sick in bed and
she had charge of her sons place next
door, the son and his wife being away
from home. On the evening of the
trouble Mrs. Beaulieau saw a team stoI
in front of her sons house and thinking
it might be that her son came back, sh,
went over to investigate, when sh,
found that the occupant of the bugg,
was Frank Bushey,>who was talkinl
with neighbor. The subsequent pro
ceedings were only dimly elucidated, bu
1t came out that the woman went t,
hunting in the box of Bushey,s wagon
claiming that she thought he had SOM
butter for her. Bushey ordered he
away from the wagon, but she wouldn'
go, so he got out and taking her by tn
arm led her short distance, telling he
to go home. Previously, and while h.
was still in the buggy, the old lady hat
picked up stone and made cast of i
Iot hin, h,,f ko
and so received no damage. Several O
the neighbors were put on the stand a
witnesses and the testimony was all go
in before Friday moons recess. Forme
States Attorney L. G. Russell of Middle
bury conducted the prosecution. but wa
taken suddenly ill in the afternoon and
obliged to go home. and the argument
for the state were made by Mr.. RusselIs
law partner, w. H. Davis. Jasper G
Page of Bristol appeared for the de
fense. This was his first jury case and
he was heartily congratulated on hi
general management of it as well as OF
his excellent address to the jury. 1t wa
$50 o'clock when the jury got the cas-
from Judge Butler and they came int
court again at 4,40 with verdict of no
guilty, and the respondent was there
upon discharged from custody.
While this jury were out and imme
diately following the verdict in tn,
Marston case, all the other jurymen wer
discharged for the term and paid of
as was also done with the Bushey Juror
as soon as they had delivered their yer
dict. The 81 jurymen who had been ol
duty since the first day of the term drew
for ten days each, so that the total cos
of the jury for the term, including mile
age, will be something under $700, a
against over $4,000 paid out on the sam
account for the December term.
At 4:50 o'clock recess was taken
p. m. on Monday.
&Lo& a. h. .