Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1911-05-12
Essex County Court.
Dodge Case Nearing Completion.

Dodge Case Nearing Completion.
Last Thursday morning the state
opened the days session by attempting
to prove by witnesses that it would have
been impossible for Heath TO commit
suicide aud that Mrs. Dodge was the
only other person who could have shot
him. Perhaps what was considered by
I the state as the most important evidence
given during the day was that of Mrs.
| Heath, who testified that Mrs. Dodge
had told her that she was alone with
her husband at the time of the shooting
and further that the outside doors OF
the house were fastened. Several other
witnesses were called and all testified
as to the statements that Mrs. Dodge
made at the time Of the tradgedy and to
the condition in which she said she
found him, all of these witnesses III a
general way corroborating the story told
by Mrs. Dodge throughout the proceed
ings in the case.
On Friday, shortly after the opening
OF the days session the state rested its
case and the defense called their first
witue SIS Harland b. Howe, one of Mrs.
Dodge's counsel, in brief opening
statement said that he proposed to show
that Painter Heath met his death by
accidental shooting aud the impossi-
biltv OF his having received the wounds
at the hands of a person standing in his
rear.
DR.. J. NJ. Allen of ST .Johnsbury ad-
mittedly one IF the foremost surgeons
in the state, and the principal witness
for the defense, declared that such a
wound as was inflicted on Heath could
not have been made unless the revolver
was lying OF the floor eight feet away,
and he demonstrated the fact that the
particular revolver in the case would
explode by being dropped on the floor
at half cock. Several other expert wit
uesses were called by the defense aud
gave testimony relating to angles,
measurements, etc, all of which tended
to show the innocence Of the accused or
at least was calculated to create rea.
sonable doubt in the minds of the jury.
At the afternoon session on Tuesday
Mrs. Dodge took the stand in her own
behalf aud under the direction of At
torney Howe related practically the
same story rs she had told heretofore
in regard to what she might know OF
the shooting. Sharp eross-examination
by Attorney General Sargent failed to
make her change her testimony but at .
o'clock the effects Of the ordeal through
which she had that day passed were so
plainly evident that early adjournment
was suggested.
When Mrs. Dodge resumed the stand
at the opening of court Wednesday
morning she was greeted pleasantly by
the Attorney General after which she
was asked for specimens of her hand
writing, aud questioned as to her where
abouts on December p, 1910, etc.
which practically concluded her evi
dence. The prosecution then opened
its rebuttal case and more evidence wa:
taken from physicians as to the position
of Heath at the time of the shooting
and the spot where the bullet entered
his body. Testimony was also taker
from a hand writing expert who wa
called to compare certain pieces o
writing alleged to have been written b,
Mrs. Dodge, the rebuttal closing Will
the examination of witness in regard t
certain target practice at. the rear o
Mrs. Dodges house sevsral years age
Mrs. Dodge was then called in sur
$ rebuttal and by her own testimony an
that of relatives established an aiit
| discreditiug the attempt of the prosecr
ltion to prove that she was in Brool
| line, Mass, December ~, and that sh
had written letter from there in whic
reference was made to the man VIII
shot Heath. This practically conclude
the taking of evidence and at the clos
of the session Wednesday, Judge Ha
> told the lawyers he should expect the
to be prepared to present their arg
ments in the case today, Thursday.