The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-05-13
DODGE CASE HAS
BEEN GIVEN TO
The JURY
Judges Charge precIudes Con-
viCtiOn for Murder
NO VERDICT LAST EVENING
Jury Not Hopeful for Early Decision
When Asking for instructions
After g O'clock.

GuildLall, May 12.-The fate of Mrs
Florence M Dodge of Lunenburg who
is charged with the murder of Will
liam A. Heath, was in the hands of
a jury last night. Judge Alfred A.
Hall who has presided throughout the
trial, started the delivery of his
charge TO the jury just after the eve
ming recess and an hour later, just
before s o'clock, the jurymen retired
to consider the evidence and prepare
| their verdict. In his charge Judge
Hall repeatedly instructed the jury
that they could not find Mrs. Dodge
guilty of murder in the first degree
and called their attention several
times to the fact that they must be
satisfied beyond reasonable doubt if
| they were to find her guilty OF murder
in the second degree or of manslaugh-
| ter.
Your first consideration must be
/ was William A. Heath, feloniously
| killed by some one other than himself
on the day set forth in the indict-
| ment?' said Judge Hall. The I'M
I disputed evidence shows that a re-
yolyer with three empty and two load
| ed chambers was found near the body
! of Heath. The defense claims that
| Mrs. Dodge did not fire the revolver
and knew nothing of the shooting I'M
| I'll she heard the shots Her attor-
neys put forth the theory of accident.
/ Upon this point you have the post
| ion OF the body and the testimony of
experts as to the distance the revol-
/ OF -
body to make such a wound as was
| found. There is a. wide difference of
opinion on this subject
You have seen the peculiarities of
the revolver and it is for you to say
whether accidental shooting was pro-
bable or improbable. Consider all
the circumstances and evidence bear
ing upon this point the experiments
and claims of counsel, and see wheth-
er the evidence OF the state has sat
isfed you that the revolver was fired
by someone else than Heath If the
evidence has not satisfied you on this
point you will proceed no further and
will bring in a verdict of not guilty"
The jury returned at g. As for instruc-
tons. asking the court to repeat that
portion OF his charge defining murder
in the second degree and manslaugh-
ter, After he had given the informa-
ton desired, Judge Hall asked the
jury as to the probability of a verdict
last night but the ;urymen were not
hopeful. The court stated. however,
that he would be ready to receive
their verdict whenever one should be
reached
Of
yesterday by Attorney Harry Blodgett
OF st. Johnsbury. senior counsel for
the defendant was in the form of a
letter which was written by Mrs.
Dodge to Miss Edwna Blodgett,
daughter of Attorney Blodgett, and
which was dated Concord, VT, Dec
ember q, 1870" and which was mail
ed upon the same date, according to
the postofice stamp. The letter ac-
knowledged Mrs. Dodge's receipt of
and thanks for a Christmas gift sent
to her by Miss Blodgett. The impor-
lance of this letter rests in the fact
that it would tend to support Mrs.
Dodge's claim that she was at Con-
cord, VT, on December q last. This
is the date on which a letter was
mailed from Brookline to Attorney
General Sargent signed M j. S."
and giving a brief description of the
appearance and movements of the
man who shot Heath"
Our client comedies no guilt in this
case but on the other hand repeatedly
asserts her innocence" were among
Mr.. Dale's opening remarks. He de-
clared that Mrs. Dodge heard only
turn chofc for 40 10 haJ hand
she would have been present when
they were fired and it could then be
claimed that she fired them 1t is the
theory Of the defense that two of the
shots were fired so close together that
they sounded like one and that the
third shot followed a minute or two
later. Mr.. Dale dwelt for consider
able length upon the appearance of
Mrs. Dodge on the witness stand and
the emphasis with which she denied
her guilt.
The attorney generals argument
took up the testimony of the revol-
yer experts for the defense who, he
said, were brought in for the express
purpose of certifying that it would
have been impossible for Heath to
have been shot by any other person
than himself. "The defense stated"
said Mr.. Sargent, that the prosecu-
ton brought out no evidence to con-
tradlct this testimony" He then re-
peated some of the testimony of the
expert witnesses of the defense and
declared that each of them contradic-
ted himself. There was no need to
introduce testimony to dispute this,
said Mr.. Sargent. "They did it them.
selves"
Mr. Sargent attempted to show by
recalling Mrs. Dodges cross examina
ton and comparing 1t with her direct