Middlebury register. (Middlebury, Vt.) 1886-1937, 1909-06-11
COURTA
NE jury in the Marston \Cas e
Still Out

When our report closed last week the
case of Henry and Thomas Calvin VS..
Frank Downer had just been begun.
These plaintiffs reside in Whiting, while
the defendant is resident of Cornwall,
and the case grew out of some transact
ions in hay, beginning in the spring of
1905. The plaintiffs, who are twin broth
ers, claimed a balance of $37 as their
due out of their various deals with
the defendant, and the defendant claimed
offsets for cash paid and labor performed
of sufficient amount to cover the
plaintiffs claim. Charles 1. Button of
Middlebury represented the Galvins and
William II. Davis of Middlebury appear
ed for the defense.
The testimony was completed early
Friday forenoon and after brief argu-
ments for their respective sides by
Messrs. Button and Davis, the case was
submitted to the jury in a short but
clear charge by Judge Butler just before
the noon recess. Immediately after the
opening of the afternoon session the jury
came in with verdict for the plaintiffs,
that they recover S44.16 and their costs.
The judgment in the justice court from
which appeal was taken was for S42.10.
The next case standing for trial was
that of John w. Hodges VS.. William
Gee. trespass case from Ripton. 1t was
announced that this case had been set.
tied and it was thereupon entered dis
continued. This left nothing ready for
the Court to take up and accordingly
recess was taken to ? o'clock on Monday
afternoon.
At that hour the Court promptly re-
convened and the case of Kate Cramer
VS.. Leona f. Scranton was the one next
standing for trial on the civil jury list.
This is a collection claim involving a
sum of about 5000, but as a. w. Dickens
of Middlebury, attorney for the plaintiff,
did not have his client in court. the case
could not go to trial very well, the fail
ure of his client to show up being a
mystery to Mr.. Dickens. The case was
finally marked is mot for the jury"
This left open on the jury calender the
case of Milo s. DEMO. administrator
estate of Robert NJ. DEMO, VS.. the town
Of Ferrisburg, and as Judge Butler is
disqualified in that case, and another
judge will have to come to try it if it is
tried at this term at ALL
States Attorney Frank w. futile an
hut l,a hf i
up the case of State vs.. Charles Marston
at o'clock on Tuesday morning, and at
o'clock recess was taken to that time.
The case of the State VS.. Maiston was
got started promptly Tuesday morning,
with States Attorney futile conduct
ing the prosecution and w. II. Davis
of Middlebury for the defense. 1t took
an hour and half to get a jury. 90 men
being called into the box and closely
questioned before twelve satisfactory to
both sides were selected.
Miss Anne Smith, the complaining
witness, was first on the stand for the
state and her testimony took up the re-
mainder of the forenoon session and was
not completed until afternoon. The
charge against Charles Marston is assault
with attempt to commit rape and the
jury on the first trial last winter found
him guilty of simple assault only.
Miss Smith told in detail the circum-
stances of the atrocious assault which
was made upon her on the night of Sat
urday Nov. IA last, when she was on her
way to her boarding place on Seminary
street from the Alpha Phi sorority house
on South street, where she had been to
an initiation meeting. She left the
fraternity house somewhere about II 80
o'clock and in company with four other
young ladies proceeded as far as the
post office corner, where they separated,
two OF the young ladies going by way of
the Congregational church and Pleasant
street to DR.. Martins and the other three
including Miss Smith, up through the
park to the Addison house, where one of
them was stopping. This left Miss
Smith and Miss May Agnew, a college
student, alone and they proceeded up
Washington street to high street to the
corner of Seminary street where they
separated, Miss Agnew proceeding to
her stopping place further along High
street. Miss Smith then started up Sem
mary street to Mrs. Kate Mills where
she was making her home. Shortly
after starting she was accosted by man
coming from the other direction, who
asked where Mr.. Bicknell lived, she said,
why ii6hb hOiC oiiC was DcdIlIlR HtT
home then, when the man put one hand
on her shoulder and she screamed, then
he put one hand over her mouth to stop
her screaming and then struck her sew
eral times in the face, backing one eye
and bruising her nose and cutting her
lips. Miss Smith managed to get one OF
her assailants fingers into her mouth and
bit it. In the melee she lost the gold filling
of a tooth, which was found the next
morning. Then she began to scream
again and her assailant frightened fled.
The electric lights had then gone out
Miss Smith managed to get into the
house, where her injuries were attended
to. Deputy Sheriff N. j. Sanford was
after awhile got on the phone and APP
peared on the scene the next morning,
to investigate,
Learning that the perpetrator of the
outrage probably bore the marks of the
young woman's teeth upon his hand,
Deputy Sheriff Sanford on Monday was