The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-05-19
Trial of Wilmington Man for
Murder on at Newfane.
STATES EVIDENCE is ALL IN
Attorneys for Accused Man Outlined
Their Testimony Yesterday-Head
of Victim Grewsome Exhibit at
Wednesdays Session-Jury Chosen.


Wilmington on the afternoon Of April Il
by blows upon the head administered
during AN alteration in Boyd's sugal
house on the jacksonville road about three
miles from Wilmington village, was started
in Windham county court before Judge Il
l.. Waterman Tuesday morning With the
cross examination OF the states witnesses
the first day it became apparent that the
defense would be self-defense and this was
borne out yesterday when the state rested
its testimony and the respondents attorney
briefly outlined occurrences alleged to have
preceded, and which it is alleged were re-
sponsble for the death Of Potter States
Attorney Frank T.. Barber of Brattleboro
is in charge OF the prosecution and Attor'
ney General ] G. Sargent Of Ludlow has
been present. Charles S. Chase and vii.
I liam Il. Daley of BrattlebQro are attorneys
for the respondent.
The first dav was occupied largely
with drawing the Jury. From yenlre
of about 40 talesmen the Jury was Sc
cured about noon Tuesday, but the serl,
Gus illness of the wife of one delayed
proceedings n short time after dinner.
Judge Waterman excused the Juror
and his place was filled. The following
men were chosen to serve on the Jury
Frank Burditt of Putney, farmer; g..
W. Dickinson of Newfane, wheelright;
will X. Carleton of Windham, farmer;
Albert w. Rawson of South London
derry. ieweler: Joseph Barrett of Rock
ingham, insurance agent; i. j. farkef
of Townshend dentist: Morton E. DAVIS
of GuilfOrd. farmer; Joseph j. Barnes
of Westminster. farmer: Dwight John.
son of Dummerston, farmer; w. NJ; ban
of Athens. painter: Charles NJ. Robbins
of BrattlebOr0, farmer; George Thwlng
of Putnev. travelling salesman.
The first witness called was Dr. y.
II. Stone of Burlington. state pathoil-
opist. who told of accompanying state 5
Attorney Frank T.. Barber of Brattle'
boro to Wilmington April 1t and hold
inp an autopsy upon the body of John
Potter who had died sometime during
the evening before at the Boyd home
after receiving severe blows upon hls
head. DR.. Stone s assistant, DR.. G. r..
Dalton, testified to assisting Dr. Stone;
DIR. l.. T. Page of Wilmington testified
TO being called to the BOYD home dur
ing the afternoon of April 13 and army
ing there in the early evening and hnd-
inc Potter dead DR. Page : testimony
dealt with the condition in which he
found the body and the length OF time
that Potter had evidently been dead.
Or. Page said that he had a conversa,,
tion with Frank j. BOyd in which BOYD
said in substance that Potter came TO
the Bovd sugar orchard seeking a quar-.
rel and that he Boyd had stuck the
man harder than he intended to-, James
Howard of Wilmington testified to ac-
companying Dir. Page to the BOYD home
and corroborated the testimony Of the
pbvsician. Christie b. Crowell OF
Prattleboro exhibited plan of the
Bovd sugar orchard and house which
he had prepared since the death OF
Potter. At this point court adjourned
until Wednesday morning. state 5 At
tornev Barber questioned the witnesses
for the defense and occasionally At
torney General J. G. Sargent of Lud-
low made an inquiry. That selt-defense3
would be the defense was indicated
when the alleged statement of Boyd TO
DR.. Page was told to the court by the
physician. =,
The eross-examnaton Of the states wit
nesses Wednesday morning by Attorneys
Charles S. Chase and William r. Daley
for the defense indicated that sef-defensee
would be the line of defense. The second
day of the trial was given up largely to eX-
aiming members of the Boyd family. Wal
ter Boyd, a nephew of the accused man,
testified that he saw Potter going toward
the Boyd sugar orchard on the day of the
alleged murder and that Potter carried a
stick of wood The witness SAID that
shortly afterward he visited the sugar
house and found Potter suffering from IN
iuries about the head. G. b. Crowell, who
introduced plans and drawings OF the BOYD
sugar house and buildings on the opening
day of the trial, was cross-eXamined during
the forenoon Wednesday,
Ada Boyd, a niece OF the respondent
testified that she was not IN the sugar
house at the time of the alleged assault
upon Potter by her uncle. Clara Boyd was
the first person to visit the sugar house
according to her testimony She told of
seeing Potter upon the floor of the house
and Walter Boyd, the respondents nephew,
testified to finding Potter lying, upon the
floor and told how he assisted the injured
man into the Boyd house about five rods
away. Wilson Lowell was the next wit
ness and his testimony was introduced by
the state to impeach the statements made
by Walter Boyd. 1t was alleged by the
state that Walter Boyd had told a neigh
Dor that he was obliged to carry Potter in
to the house.
Selectmen Eli H. Porter and William
Robinson of Wilmington, who visited the
Boyd home and sugar orchard Immediately
after the alleged murder, testified regard,
ing their examination of the premises and
to the fact that they saw nothing in the
shape of a weapon with which the alleged
assault was probably committed Arthur
j. Lyons, who was placed in charge of the
Boyd premises the day following the death
of Potter, corroborated the testimony OF
the selectmen.
Among the exhibits introduced Tuesday
and Wednesday was the head of Potter.
1t was a gruesome object as it hung sus-
pended by string attached to the center
of the skull in a jar OF preservatlve. Inc
skull cap had been entirely severed from the
remainder of the head by the surgeons
saw and was held in place by. pieces OF
string. While State Pathologist B. Fl.
Stone. M. D., of Burlington was exhibit
ing the head to the jury and, explaining
how the skull was fractured by some heavy
and blunt instrument he removed the
skull cap and with an instrument lifted
portion of the brain to show how 1T had
been pierced by splinter of bone from the
fractured skull. The jurors turned their
ewes away many times while the patholo-
gist was explaining the result of the au-
topsy. The clothing of Potter was intro
duced and the only evidence of any injury
that might have befalen the wearer was
blood upon the neckband of the shirt
Wilson Lowell was cross-examlned yester- |
day morning and J. Henry Kidder, the
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