Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-06-09
JURY ACQUITTED SMITH
Acted in Self Defense When He
Shot Clark MundelI
Several Ballots Were Neoessary-Frank
Boyd Not sentenced-civiI Cases
Scheduled for July S.


Scheduled for July 5.
That Caspar NJ. Smith of West Wards
boro acted in self defense when he shot
and killed Clark Mundell, whom he found
in the bedroom with Mrs Smith about 2
O. clock on the morning of April q on
his return from a several days trip, was
the opinion of the jury to whom the case
was given Saturday morning. They re-
turned verdict of mot guilty" after
being out over two hours and half,
but it was only after several ballots had
been taken, a minority holding out per-
sistently a long time for verdict which
would carry with 1t punishment of some
kind. p. r. Holt of Londonderry was
foreman of the jury. Immediately after
the verdict of acquittal was announced
Attorney A. V. d. Piper moved that the
respondent be discharged and as no OPP
position was made the court discharged
him. Smith did not manifest any emo
tion when the foreman spoke the words
which the respondent knew would set
him free.
States Attorney Frank Z. Barber
made the opening argument for the state
Friday morning, consuming an hour and
a half. He referred to the fact that
following Smiths discovery of Munden
in bed Smith knocked Mundell down and
then left the house voluntarily, returning
window. Mr.. Barber took the ground
that Smith had no right to act as exc
cutioner, that it was not necessary for
him to return to the fray, but that he
should have sought redress through the
courts as the law prescribes
Attorney r. C. Bacon opened for the
defense, followed by Mr.. Piper. They
asked the jurymen to consider the cir
cumstances and say what they individu-
ally would have done under the same
conditions They emphasized the fact
that a mans house is his castle and that
in his own house he is not obliged to re-
treat to the wall when attacked, but may
repel force with force. Mr.. Bacon talked
an hour and Mr.. Piper about an hour and
a half.
Attorney General John c. Sargent con-
fined his arguments principally to Smiths
testimony that he suspected something
wrong between Mrs. Smith and Mundell
and so laid trap for them, arguing that
the testimony showed a preconceived
plan to do Munde injury. He also called
attention to the fact that at the time
the fatal shot was fired, after Mundell
had rushed at him with clubs, he had
dropped the clubs and had seized Smith
around the body to prevent him from
shooting more. Mr.. Sargent spoke 80
minutes.
At $50 Saturday Judge Z. L. Water
man charged the jury consuming a little
less than an hour, and it was noon when
the jury reported. Directly after dinner
Mrs Smith was arraigned to plead to
states attorneys indictment charging
her with adultery. She pleaded not guilty
and was placed under bonds in the sum
of $500 for her appearance at the Sep
TENDER term of county court. Being UNI
able to furnish bail she was remanded to
Jail. Smith was put under bonds in the
sum of 800 to appear as witness in
the case against his wife, and Attorney
Piper became surety for him.
In the trial of the case against Smith
the respondents counsel were assist
ed materially by Attorney Myron p. Da-
Wis of this town, although he took no
part in the examination of the wit
neSses.
Martin Key of Bellows Falls, who was
arrested on the night of May 25 on the
charge of making a murderous assault
on John Bowe, who was stabbed under
the left arm in Bellows Falls that night,
was arraigned to plead to an informa-
ton. He pleaded not guilty and was
remanded to Jail on his failure to furnish
bail in the sum of $1,000 for his appear
ance in September. Mr.. Bowes condi-
ton has improved, and he Is expected to
recover, although 1t is understood that
he may not regain the use of his left
arm. Key was taken to Newfane jail
Friday by Deputy Sheriff Dan P. Thomp-
son. The court appointed Warner Gra-
ham of Bellows Falls counsel for Key.
At the request of Chase & Daley, coun-
sci for Frank j. Boyd of Wilmington,
who was convicted of manslaughter in
killing John Potter of that town, sem
tence was deferred to July in order that
counsel could complete going over the
testimony and decide whether to take the
case to the supreme court on exceptions.
The criminal business being out of the
way, court took a recess to July 5, when
it is expected that the two cases of r.
S. Childs against John L. Roess, admin
istrator of the estate of Nancy A. Esta-
brook, will be begun. In one case Mr..
Chids Is claimant as administrator of
the estate of Julia A. Childs, his wife,
and in the other he is claimant in his
own behalf Both cases are appeals
from the allowance of commissioners.