Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-06-11
COUNTY COURT.
Continued from Page IL

and Mrs. David Sheldon on South stree
Deputy Sanford examined Marston's
hands and found some suspicious look
ing marks on the forefinger of the right
hand. A warrant was made out by the
then States Attorney l.. c. Russell of
Middlebury, and on Monday evening
Marston was arrested at his home by
Deputies Sanford and Fred E. Rowley OF
New Haven.
At subsequent preliminary hearing
before Judge A. W. Dickens of Middle.
bury Miss Smith felt pretty sure that
Marston and her assailant were identical
and the respondent was bound up to the
December term of court. He was indict-
ed for the graver charge and tried at
that term, the result of which trial and
the subsequent proceedings, have already
been stated.
Miss Smiths companions on the way
home from the lodge rooms on the night
of the assault were called on to the stand
to locate the time of night as near as
possible, for the time is an important
element in the case, 80 far as Respond
ent Marston is concerned. He sets up a
straight alibi as defense, claiming that
it was impossible for him to have been
mitted at the time when it must have
been committed, and that therefore it
is impossible for him to have committed
the crime charged; and this is the legal
meaning of the term alibi.
The evidence-in- chief for the state
with the reservation of one witness, was
all got in by o'clock Tuesday afternoon
and the testimony for the defense was at
once begun, and after a further brief
session a recess was taken to Wednesday
morning There was large number of
ladies. friends of and sympathizers with
Miss Smith in court during the afternoon
session, and this was the rule for the rest
of the trial, with standing room only
and not much of that-for the sterner
sex at some of the afternoon.
The testimony for the defense was re.
sumed Wednesday morning and occupied
nearly the entire day. Marston was on
the stand for couple of hours in his
own behalf and detailed his whereabouts
and movements on the night of the
crime, claiming that he was at home and
in bed on South street, more than mile
away from the scene of the assault at the
time it was committed. The respondent
explained the mark on his finger by say
ing that he had got it on the Friday af-
ternoon preceding the attack upon the
young lady, while he was engaged in
loading leaves into wagon. He said he
stumbled in the wagon, fell forward and
scratched his hand on a nail. Isaac Will
Hanson testified to this occurrence also,
he having been helping in the loading of
the leaves. G. F. Rich, Peter J. DON
nelley, David Sheldon, the step.father
George E. Wilson, Necy Dorian, A. c..
Delphia and other witnesses gave evil
dence tending to established the abb set
up as defense.
The respondents side of the case was
rested at o'clock There was no re-
buttal testimony and States Attorney
futile used up the rest of the afternoon
with the opening argument for the pros
ecution.
Mr.. Davis argued for the defense for
an hour and half Thursday morning.
He made a strong plea and made out the
strongest case possible for his client out
of the evidence before the court. Mr..
futile followed with the closing argu-
ment for the prosecution, finishing at
IL :35 clock.
Judge Butler gave the case to the jury
in clear and impartial charge of So
minutes and at 1926 o'clock the jury re-
tired to consider their verdict, whereupon
a recess was taken to 2 p. m.
The jury had not reported back in
court as we close our report for the week.
Frank Trudo of Whiting came into
court in the afternoon, retracted his for
mer plea of not guilty to charge of
adultery and entered a plea of guilty.
He was fined $500 without costs, which
was at once paid.
At 5 o'clock recess was taken to 8
o'clock this morning, with the Marston
jury still out