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

Il he was standing ia front OF the sugar
arch, ~ this point the state rested Mon
day afternoon aud after a short cOnterenc,
0i attorneys the defense rested also
states Attorney Barber devoted an houl
aud halt 10 summing up for the stat,
Tuesday morning and spoke about the samt
length OF time Monday afternoon. The state
contended that self defense had not beer
proven that Boyd could have escaped
from Potter through a certain door In the
sugar house; that Potter was struck twice
after he fell
". h, Daley, junior counsel Tor Boyd, be-
gan the arguments Tor the defense about
II O'Clock Tuesday morning and carefully
took up the evidence OF every witness, The
defence accepted the statement OF the
states witnesses that Potter did not move
after he fell in the sugar house during the
alteration with Frank Boyd and IN sum,
ming up Attorney Daley contended that
the blows in question could not have been
inflicted after Potter fell as the man did
not move and lay upon hi, right side, The
state had showed that the wounds were
upon the right side OF Potter's head Al.
t6rney Daley eOntcndcd that the I.shaped
wound found upon POtters head, and
claimed by the prosecution 70 have been
the first wound inflicted, did not fracture
the skull: that the second blow did fracture
lie skull and that the third wound was
caused by POtter's head striking sharp
rock, when he fell on the floor OF the sugar
house. The stones upon which 4 was az
legged Potter struck when telled by BOYD :
club were exhibited.
Charles : Chase, senior counsel Tor the
respondent, occupied about an hour and a
hall in the afternoon summing up and
El lasaI "a an
which Potter had boIne according TO the
testimony Of many witnesses A. the
nry had been listening all day to argi-
ments oil counsel Judge Waterman order
ed a recess until "Wednesday morning
The morning session Wednesday was de-
voted TO the closing argument OF the state
and the charge of the court To the Jury,
Attorney General J. c. Sargent spoke Tor
nearly an hour aud halt He argued that
the state had proven it, ease Of murder IN
the 6r,t degree and insisted that the jury
find such verdict. The attorney general
contended that self defense could not
be proved by the detense's witnesses that
Bovd could have escaped the wrath and
violence OF Potter had he made an attempt
to do 30.
Judge Waterman read his charge TO the
Jury and dealt in detail with the two de-
gTec~ Of muluef ana tlt lilHt vi ii""
slaughter He explained what the jury
must find in the evidence to warrant a
verdict in each degree. The case was given
to the nlry at y 80 p, M, and at 4;3O YER
diet OF manslaughter was returned. Attor.
ney-General Sargent moved for immediate
sentence but the court remanded the re,
spondent to the custody Of the sheriff and
Boyd was taken back to jail.
The respondent, though apparently IN
terested III the arguments made by. hi at
torney, and in the summing up by the
state. did not display any anxiety or act
al all nervous during the deliberations OF
lie listened 10 the polling OF the jury and
heard tile verdict without any emotion. \
few minutes later he was on his way to
iail and chatting with his attendants q, as
though he knew nothing Of the strain fall
ing upon one on trial for hi- lite.