Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-11-09
SELF-DEFENSEW WAS
BURT'S CLAIM
Greater Part of States Evidence
Introduced in Pawlet Man
slaughter Case.

Rutland. nov. 3.-.rhe jury which IS -it.
ting in Rutland county court on The
Pawlet manslauEhter case in which the
respondent. Harley Burt. is charged with
having caused the death of Frank Smith
in Pawlet last Saturday by striking him
ON the head with Il piece OF fence rail.
will have t. decide two questions: Whe-
Their Smith met his death as result OF thu
blow. which tine defense will claim Wa
directed in self-defense, or whether thu
fatal injuries were caused by u fall from
his wagon while drunk. Attorney-General
J. q. Sargent Of Ludlow and States AT
:orney l.. L. Stafford Of this city got In
the greater part Of the evidence for the
prosecution to-day. Or. +. NJ. Pond, DR..
r. +. smith and DR.. J. VI. Hamilton of
this city. who are TO testify as experts
for the defense on the question Of diagnos-
ing the cause Of Smiths injuries, sat
throughout the day with T. W Molonev.
+. 5. Platt and G. w Plat, who com
| prise the respondents counsel watching
| closely all the evidence.
Burt's wife and two pretty little girls
/ were with him to-day and he chatted
! with them and smiled as though he waa
little worried by the case.
deputy Sheriff Caspar L. Leach OF
| IaWlpf, VINO arrested IptINr W dS an I'M
portant witness for the State. The respon-
dent had told him at the time Of being
taken into custody The circumstances OF
the quarrel with Smith. He said thai
while at his home last Friday afternoon
/ he saw Smith and William Croft. Smiths
employer. abusing a horse. which was
balky. Burt went to them on horseback
and told them that he would complain
I TO 10 li1
! beating the animal Smith. who WAS
drunk, called Burt vile names and chal-
lensed him to get off OF the horse Burt
took the dare and after dismount ng
picked up stick and struck Smith.
SAID STICK LOOKED ROGER
The stick. which ls about four fee,
long and four inches thick, WAS e0hibi.
ell In court. Burt went with Leach TO
the scene OF the occurrence and when
the stick was picked up said that he
guessed It was the one he used but II
looked bigger than It had before
william Croft testified that he and
Smith went to Granville, n. Y, Friday
morning, while there they drank In three
saloUnB and each bought n pint OF whis-
key to take home. Croft traded horses
with Granville man and II WAS the
animal he got In exchange which Salked
when thcy got rs far rs Burts house.
Croft denied that either no or Smith
drank anything after leaving Granville,
lie said that Smith was much infur1cated
b. the tirno the horse baked but wit
mesa declared thnt he himself WAS not
drunk,
Croff described the quarrel between
Smith and Burt ana said that when Smith
was struck lie fell forward on his face
n tie road. Crofr told Burt that the man
was severely hurt but the Respondent
, declared thai he was only drunk and
waINcd away. later Burt's hired man
took Cro;Y ard Smith homo in Burt's ria
When mcNod II, out of the rcad Smith
answer,i when addressed but he never
spoke again. Caon assisted him out Of
tho wagon and put him - bod occupy
Ing tne oAme room with Smith. When
Croft rose at % O'Clock Saturday morn
| ing ne roticed that Smith was oronthiAg
STRANGELY He summoned D.. II, I. Man
; chester hut Smith died about the time
the physiciun ARRIVED.
Cross said on cross- examination that
Burt used both hands in swinging the
stick with which he struck ,'mitA.