Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-05-19

| he was injured, but the court excluded
the evidence, the defense taking an ex-
ception.
Walter Boyd a nephew who lives in
the family, testified to finding Potter on
| the floor of the sugar house and to help
| ing him walk to the house, where he
died a few hours later. He said that
while he was in the sheep barn he saw
Potter come out of the house and start
for the sugar house with a stick in his
hand. He said that when he came out
of the barn he saw his uncle, the re-
spondent, coming from the sugar house.
Witness said he went to the sugar house
and found Potter lying on the floor with
| stick in his hand. The state sought
to impeach Walter Boyd by putting on
Wilson Lowell in an effort to show that
Walter Boyd told a neighbor that he
carried Potter to the house instead of
assisting him to walk. The state also
introduced evidence designed to show
that Water Boyd told the grand jury
that he carried Potter's hat to the house
and that Frank j. Boyd was right-hand-
ed, whereas before the trial jury he said
he did not carry the hat to the house
and that the respondent could use either
hand equally well. The defense sought
to show by this witness also what Pot
ter said before and after the injuries
were received, but the court ruled that
the evidence was inadmissible and an
exception was noted.
Constable Archie Curtis was next call
ed. He testified to being present at the
autopsy, and he showed the dead mans
clothing, with blood stains on the neck
of the shirt. Selectman Eli II. Porter
and William Robinson testified to going
to the sugar house April Is, and taking
measurements and making a careful ex-
animation for evidence to show how the
wounds might have been inflicted, but
they found no stick or other article
hoo ri inc eli Sf hat-
that purpose Arthur Lyons. whom the
selectmen left in charge of the sugar
house, testified along the same lines.
/ The first witness yesterday was Will
liam Lowell, who said he was at the
home of Riley Boyd when Walter BOYD
came there after the alteration and tele-
phoned for a physician. He testified that
Walter Boyd told him that he carried
Potter in his arms from the sugar house
to the house. Walter Boyd denied on
the witness stand having made such a
statement He was called to the witness
chair a second time and admitted that
statements which he made to the grand
jury and afterwards denied were true
In cross examination he said Frank BOYD
told him that Potter came to the sugar
house and demanded his wages, saying
that he would knock the respondents
head off If he did not pay him. Witness
said Frank Boyd told him that Potter
attacked him with a stick on the hip
and elbow and that he then hit Potter on
the head, that Potter fell and that BOYD
then ran to the house.
Miss G.. Sadie Smith, the official court
reporter, testified to taking notes at the
investigation before the grand jury, and
she produced and read the testimony
before the grand jury by Walter Boyd
covering the points upon which the state
sought to impeach the latter and show
ing that the testimony was as the state
contended
The state rested at 10 o'clock and At
| torney c. S. Chase outlined to the court
ana jury what the defense claimed and
| would attempt to prove. He said he
would show that Potter had bad repu-
taton, that he was a drinking man and
! hard character that Boyd owed him
! wages and that when he demanded what
was due Boyd put him off so that he
would not go and get drunk. He said
! that Potter had made threats against
Boyd and that persons had informed
! BOYD to that effect. On the day Potter
! was killed, Mr.. Chase said, Potter had
| been drinking and went to the house and
| told Boyd's sister and niece that he was
! going to the sugar house to have set
! tlement. He said the two women asked
| MN not to go, but that he went out
| picked up stick that lay on the wood
| pile and started for the sugar house
/
After outlining the defense Mr.. Chase
| called as the first witness Dana II. GIL
! man OF Brattleboro, a civil engineer who
maze measurements about the premises
| His testimony, which closed the forenoon
! session, related to the measurements and
| drawings which he made.
| Mr.. Gilman was questioned at length
IN the afternoon, his measurements being
| gone INTO minutely as they were consid-
cred of value with reference to the con-
tentlon of the defense that the injuries
| which killed Potter We're inflicted in self
defense. " -
The respondents brother. Gilbert Bovd
was the next witness. He lives three
iourths OF mile from Frank Boyd's
mouse, across lots, and a mile and n half
by the road. He testified that Potter
came to his house Saturday night and
said he had asked Frank for $40 on his
wage account that Frank offered him
! 20 cents and finally paid him 80 He said
Potter told the witness that If Frank did
not pay him he would do him up." He
said he advised Potter to go back and go
TO work and not have any trouble The
witness said he talked with Frank about
the matter and told him of Potter's
threats.
George w Hayden testified that he
worked with Potter four years ago in a
mill in Halifax and both boarded at War
ner Stoves. He said Potter worked in
the WOODS much OF the time that he
always was looking for trouble was
quarrelsome when he had been drinking
ana mad bad reputation. Cross-exam-
lned by Attorney General Sargent as IN
what he knew about Potters reputation
the witness said he never knew Potter
except for the few weeks they We're to-
gether four years ago.