Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-05-05
BULLET CAUSED DEATH
Grand Jury Hearing the Evidence
Against Casper Smith
Not Recover Consciousness-Boyd
Murder Trial Set for May 10.

Not Recover conscousness-Boyd
Murder Trial Set for May 1e.
While fate juggles with the cards, two
men confined in the county Jail at New
fame are concerned with the question of
whether the pathway finally chosen for
them will lead to liberty, the prison or
the gallows. One has been indicted,
the indictment charging premedtated
murder, and the grand jury assembled
yesterday in the court house at New
fame to hear and consider the evidence
presented by States Attorney Frank E.
Barber against the other respondent.
Clark Mundell, who was shot in the
head by Casper Smith in the latter's
house in West Wardsboro on Thursday
morning of last week, died in the home
| of his son-in-law and daughter, Mr..
! and Mrs. George Tudor, Monday morn
| ing without having recovered conscious
ness. A sketch of Mr. Mundell is given
| in the West Wardsboro correspondence
| in this paper. DR.. George r. Anderson
noon, accompanied by DR.. Harry P.
Greene and States Attorney Barber, to
perform an operation upon Mr. Mundell
in the hope of saving his life They
found that the bullet had entered the
BRAIN and pieces of the skull were re-
moved to relieve pressure upon the
brain, but it was not deemed advisable
to undertake to remove the bullet.
on the same day Smith was arraigned
before Justice j. A. Perry of West
Wardsboro charged with assault with a
dangerous weapon, which was a revol-
yer, with the intent to kill He was held
without bail for the grand jury and was
taken to Newfane Jail by Deputy Sher-
off E. NJ Fits of West Wardsboro At
torney A. V. D. Piper of Jamaica ap-
peared as his counsel Attorney Robert
c. Bacon of Brattleboro also has been
retained to defend Smith.
States Attorney Barber made applica-
tlon Monday afternoon to Judge E. L.
Waterman, presiding judge of the pres
ent term of county court, to have the
grand jury summoned to hear the evi-
dence against Smith, and the jury has
been in session since O'Clock yesterday
morning, Mr.. Barber having a large
number of witnesses to examine. The
jury consists of James Brown of Ath-
ems, S. w. Edgett of Brattleboro, r. e.
Marsh of Brookline, ]. j. Snow of West
Dover, f. C. Tenney of Dummerston,
L. j, Huntley of Guilford, F. II. Niles
of Halifax, H. ]. Wheeler of Jamaica,
NJ. ]. Howard of South Londonderry, L.
NJ. Eames of Marlboro, F. L. Parmalee
of Putney, c. E. Howard of Bellows
Falls, II. c. Stratton of West Towns
hen, L. w. Brown of South Vernon,
S. NJ Nutting of Westminster, S. Muir
dock of Whitingham, ]. H. Kidder OF
Wilmington and w. G. Adams of Wind
ham.
At the request of the states attorney
|. DR.. B. II, Stone and DIR. C. F. Dalton
| of the state laboratory at Burlington
came to Brattleboro Monday afternoon.
! Mr.. Barber met them at the train and
accompanied them to the Tudor home
in West Wardsboro, where they per-
formed an autopsy on the body of Mr..
! Mundell.
Smith. who admitted to States Attor-
ney Barber on the day of the shooting
that he fired three shots. says that on
arriving home from Brattleboro before
daylight he found Mundell in Mrs.
Smiths room, that Mundell started for
him and that he shot in self defense.
Mrs. Smith, who denies the story, has
been arrested charged with a statutory
offense, and she also is confined in New
! fame Jail.
Frank ]. Boyd of Wilmington, whom
the grand jury on Tuesday of last week
| indicted on the charge of the murder of
John Potter on April IA, with malice
aforethought, was arraigned before Judge
e. l., Waterman in Newfane Monday af-
ternoon to plead to the indictment He
pleaded not guilty and was remanded to
| the custody of Sheriff A. II. Thompson.
Judge Waterman named Tuesday, May
16, as the date for beginning the trial
Chase & Daley of Brattleboro are Boyd's
attorneys Mr.. Chase was present and
asked to have the trial put off until a
later date on account of other cases in
which he was engaged, but the court
thought other business should give way
to the murder trial.
Another criminal case came before the
court Tuesday afternoon, when Landlord
c. p. Shumway of the Kendrick House
| in Putney was arraigned on a states
attorneys complaint charging him with
selling Intoxicating liquor in violation OF
the law. AS stated in The Phoenix last
week, Shumway and two others con-
nected with the hotel were arrested by
three officers Thursday and two were
taken to Newfane and put under bonds.
Mr.. Shumway was Ill and Deputy Sher-
III d. p. Thompson remained with him.
The officer took Mr.. Shumway to New
fame Monday, remaining at the County
House with him over night, and next
day he was arraigned on the charge OF
selling on Sunday and selling by the
bottle, He pleaded not guilty and fur
nished bonds in the sum of $500 Mr.,
Shumway John Patterson and Eugene
Howe, the assistants who furnished bail
last week, will be tried later in the term.