The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1911-05-26

spend part 0f the remainder OF his life IN
state prison. The ury IN Mlndham county
court Wednesday afternoon returned yer.
diet OF man,laughter against the murderer
OF John Potter who listened with no par
ticuar show OF interest as his tate was
told by the foreman. The state contended
that BOYD was guilty OF murder IN tue hrst
degree but the claim of self defense set up
hy the respondents counsel was evidently
oi sufficient weight Ia save their client
from capital punishment Sentence was de.
ferred The jury delibeated four hours
The story OF the killing OF Potter IN the
sugar house OF Boyd on the afternoon Of
April l3 has been told in detail IN The Re.
former during the trial OF Boyd which be-
gan Tuesday morning, May l6 During the
closing hours OF the trial the spectators IN
the court room felt convinced that the YER
diet would not be Tor a greater crime than
that OF murder in the second degree and
the majority OF those who had followed the
trial looked for the verdict as rendered
The penalty for manslaughter as defined
under section 2l5 OF the Vermont statutes
Is imprisonment FOR life or not less than
one wear or tine OF not more than $1,000.
Boyd was returned to Jail Immediately
after the Jury reported Wednesday after.
noon and apparently does not concern him
self with the matter of the sentence that
Judge T.. l.. Waterman will impose upon
him the coming week
The prosecution introduced the evidence
OF Clarence GrOusebeCk OF Jacksonville
SATURDAY. which in substance was that
Potter had bad reputation and was OF
disposition; that he was vlO-
lent especially when he had been drinking
liquor Judge Waterman ruled that evl-
dence concerning quarrel which Potter
had about three years and halt ago at the
home OF w w Stowe of south Halifax
might be admitted Both Mr.. and Mrs.
stoves testimony was practically the same
regarding the incidents connected with the
alleged iracas at the Stowe home. They
said that Potter was boarding at their house
III South Halifax and that he went to the
room OF George Hayden, another boarder,
armed with large knife: that he SAID
he would take the hearts blood OF that
d--n American Yankee Both Mr.. and
Mrs stowe hastened to lIayden's room and
Potter taking the knife from
him They testified that he promised to
behave himself and that they released him
whereupon he picked up chair and at
tempted to assault Mr. Stove About I
o'clock the following morning Hayden went
down stairs to get drink OF water and
Potter followed him and attacked him.
Charles ; Chase, senior counsel Tor the
respondent, renewed his motion that the
Jury be allowed to visit the Boyd premises
in Wilmington and offered to pay the eX-
pense of Transporting the jury to the
scene Of the alteration but the motion was
denied by the court. Upon the motion be,
ing denied the defense rested its case and
the state began its rebuttal by calling Miss
G. Sadie Smith, court reporter, to lmpeaeh
the testimony of Ada Boyd and Clara
Grimes by showing that the testimony of
these two witnesses before the grand jury
which indicted Boyd was upon certain
points involved Attorney Chase objected
en- the ground that all of the testimony
of these witnesses before the grand Jury
instead of part should be admitted in or
der that the jury might Judge whether
particular answers had been modified or
and also on the ground that it
was showing question of fact BY the wit
ness which should be left to the jury to de.
termine. The testimony was admitted and
exceptions noted by the defense. Adjourn
ment was taken at the request of the state
because witnesses for the prosecution, llv-
ing in Wilmington, were unable to be pres
ent.
George NJ. Scott of Halifax Center was
called by the state when its rebuttal was
resumed Monday afternoon Scott's testi-
mony was introduced to impeach the testi-
mony given by George Hayden regarding
an assault made upon him (Hayden) by
Potter Scott said he believed the reputa
ton of Hayden for truth and veracity was
below par Charles Leonard of Halifax
testified substantially the same as Scott
regarding the reputation borne by Potter
for truth and veracity A smile appeared
upon the faces of counsel and spectators
when Leonard gave as his reason for belley-
ing Potter to be below par that he remem
bered an occasion when Potter was unable
to purchase liquor in Colrain, Mass, and
had called upon the witness to buy it for
him.
Alva A. Fairbanks of Halifax testified
that he believed Potters reputation as
truthful man was below the usual standard
and Milton Bcllford of West Halifax testl
fed in practically the same belief. Blck-
ford said he had not known much about
Potter for II years.
o. E. Butterfeld a Wilmington attorney,
was called as one of the states witnesses
and told of a conversation he had in his
office With Clara Grimes, sister of the ac-
cused, and Walter Boyd, the respondents
nephew 1t would appear from the. talk
which Mrs. Grimes and Walter Boyd had
with Attorney Butterfeld that they evil
IDENTIFY thought they were talking with a
LAWYER in their own behalf rather than with
a representative of the prosecution. Mr..
Butterfed said that Clara Grimes and Wal
ter Boyd came to his Office in Wilmington
village on April 10; that Mrs. Grimes said
that Potter came to the Boyd place on the
afternoon of April Is and said he was
going to settle up his account with Frank
J. Boyd; that she urged him not to go to
the sugar house: that he did go and that
yVaItor Rovd followed him. that Walter
Boyd returned from the sugar house and
reported ''all is welP'; that few minutes
later Frank Boyd came running to the
house saying that he guessed he had struck
Potter harder than he intended to and
killed him. When Attorney Butterfieldi
was put under cross-examination he said
that Mrs. Grimes had told him more than
he had told to the court and an attempt
was made to have him give further testi-
mony but the court would not permit it
to be done on cross-examination whep 1t
had not been touched upon in direct eX-
animation
DR.. L. T. Page testified to examining
Boyd on April Is and finding red spot
on the respondents elbow and scab but
no marks upon the mans hip. Archie
Curtis. a constable, testified to being pres
ent when DR.. Page made the examination
md his recollection of marks upon Boyd
was substantially as testified to by DIR.
Page.
Eli H. Porter, selectman of Wilmington,
testified to the location of certain door
on the west side of the Boyd sugar house
which the state had claimed afforded Boyd
an opportunity to escape from Potter.
Arthur LYONS testified that it would be |
impossible for a person to reach the door 1