The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-04-14

told something of his family and the
antecedents of his brother. He said
that his mother was q woman of
small frame and sickly. Witness
testified that some members of the
family had showed signs of mental
trouble and told of incidents in sup
port of this. Stated that James, the
respondent, was the youngest of the
family. He remembered that when
James was about six years of age
he sustained fall of some ten feet,
which caused an injury to his head
from which he suffered for many
months and which left a scar Testi-
fled as to the actions of the respond
ent after the injury, saying that
since that time his brother had been
absent minded Said that at times
it was necessary to speak to him
several times before he would an
swer Witness said that his brother
was not very bright at school, being
obliged to stay two years in one
school, where he should have stayed
but one.
Referring to his acquaintance with
Mr.. and Mrs. Mascot, witness said
that he had known them for the past
ten years or so. They liN ed togeth-
er and had been in business together.
He said that when his brother came
to Barre he entered the family and
that Mrs. Mascot had been like Il
mother to him from the time he be-
came one in the house until the
crime. Witness told of some in
stances where Mrs. Mascot had left
James with the children and things
of that sort, which showed how much
he had become one of the family.
Witness said that his brother had
complained of headaches for years, in
fact, since the time of his injury IN
childhood. These headaches were so
severe as to derange him mentally
and caused him to act queerly. He
had been to consult with physicians
and had derived little benefit Dur
ing the day or two just prior to the
shooting he had been suffering with a
very severe attack of headache and
had acted queerly Witness stated
that at times James was inclined to
make trouble with people with whom
he was brought in contact during
one of these attacks.
Harry NJ. Gamble, who was a po-
liceman on the Barre force at the
time of the shooting, was called next
He told about going to the hospital
in Barre the day after the shooting
to see about making an arrest. TIES.
tilted as to the condition in which he
found the respondent. Mr. Gamble
said that Mikales had several band
ages about his head, one across his
mouth in particular. Said that the
respondents face showed signs OF in
tense mental strain. Eyes wera
bandaged, but he was frothing at the
mouth and was pale. His arms and
legs were constantly twitching and
he attempted to bite himself and hi.
attendants. Mikales did not appear
conscious at the time and kept moan
ing all the while. Witness said nc
remained at the hospital from II
O'Clock in the morning until / in the
afternoon. Was there several times
after that and at all times when he
saw the respondent he noted the
general appearance of mental strain
With the conclusion of the testimony
of Mr. Gamble the defense rested it,
case.
States Attorney Gates at once be
gan his argument for the State
speaking substantially as follows
1t is the duty OF the State to take
care of such instances as that n
Barre last summer 1t is also the duty
of the law and society to do what /.
just and right in the matter of pun
ishment The affair at Barre on Jul,
l6 last has brought the machinery O
the law into motion and it in turf
has brought us here. That machin
inery took the respondent, sent hin
to Waterbury, where all the scienti
fic knowledge possible was brough
to bear to determine whether or no
he was sane and responsible for hi
acts. 1t has been determined tina
he was irresponsible at the time O
the shooting and it now becomes tn
duty of the jury to say what shall b.
done. Some of you may say that tn,