The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-12-22

fitls said that some OF the attorneys
questions were 'unintelligible." Mr.. Fits
asked Mt Foster about his newspaper
correspondence and intimatcd that the wit.
Ness was not particularly friendly with
ftonty, Streeter and Carruth. Mr.. Foster
said that there was nothing dramatic"
about hls friendship with the men named
\. W. Phelps testified to seeing Carruth
ana strceter at a certain point consider
able distance from where he stood. but
upon .ctoss-eXamination Mr.. Fits secured
an admission from the witness that the
distance was from 100 10 200 rods or about
threequarten OF mile. The witness said
he could distinguish the difference between
a thick or thin man hall mile dis
tant.
Game Warden Howard was recalled at
the Afternoon session and testified in de-
tail rs 10 his examination OF the premises
where the deer was shot. He was shown
the injured trees taken from the Brown
orchard by Mr.. Brown and identified them
as the ones he had seen before The wit
ness said that deer do much damage as
shown on the trees exhibited. Mr.. How
ard said that deer had evidently damaged
the Brown orchard about the time the deer
IN question was killed He testified TO the
AtNA AiAhN NNNtAdi INlNAtN vi Aft fdlAhNN VI
the deer were missing when the meat wa
brought 10 the office Of the states attorney
by Deputy sheriff Wellman At this point
map Of the town of Halifax, drawn to a
scale was offered in evidence by the de
Tense, BY this map the defense sought to
show that \. W Phelps and l.. \. Foster
were possessed OF better cyesght than
ordinary men II they could distinguish a
man three-qulrters of a mile. This was the
distance between these two witnesses and
Carruth aud Streetcr. according TO the
testimony of both Foster aud Phelps as
indicated on the map drawn by Foster at
the direction Of the states attorney. The
taking Of testimony occupied the time from
go a. m, to > p m, and 20 minutes were
taken by each side in summing up. States
Attorney Barber said that the respondent
could be- convicted on either one OF the
three counts IN the complaint, pursuing and
taking deer. having a deer in possession
or having parts Of deer in possession, al.
though he said that il had not been proved
that the animal was shot in Browns or.
chard. In closing the states attorney said
that the respondent had not complied with
the requirements OF the acts Of 1910 and
had not reported the killing of the deer to
the nearest game warden.
Mr. Fits began his argument 10y brush,
inc aside the testimony Of l.. \. Foster and
\. w. Phelps as not only-giyen in a spirit
Of luminosity but unworthy of consideration
hy either the prosecution or defense and
likewise beneath the dignity OF the court
Mr.. Fits said that Mr.. Brown must have
had q proyOcation to issue orders to ms
hired men TO Kill deer when found iniuring
his property. II men cannot do as Mr.
Brown did there is no hope Of bringing the
back towns into a state of productiveness
through apple culture. He said it had not
been proven that Carruth shot the deer but
il had been shown that the respondent was
assisting MIR. Streeter and Mr.. Brown. by
taking a hand in the attempt to kill deer
found destroying Mr.. Browns property.
Mr. Fits maintained that the provisions OF
the act Of 1910, permitting the killing Of
deer found damaging a persons property
had been complied with. Judge Daley an
nounced that he would give his decision
Wednesday afternoon as he wished to
make a study of the statutes OF 1910.