Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1911-06-02

boro the day Of the shooting to care for
Mundell.
Bert Mundell of Brattleboro, a son of
the deceased said he drove to West
Wardsboro the day of the shooting, went
to the Smith house and saw Mrs Smith
He said he did not tell Mrs. Smith TO
tell Mr. Barber the yarn which she tes-
tilted he suggested to her. Deputy
Sheriff L. NJ, Fits of West Wardsboro
s.45 a. M. fAd told of the condition OF
the house aud the story which Smith
told him about coming home and find
ing his wife and Mundell. He produced
the revolver. which he said Smith
handed to him also two bullets, one OF
which lodged in the window casing;
The state offered in evidence a diary
showing that there was no moonlight
on the night Of April 81 Mrs Smith hav-
ing testified that SHE saw by the aid of
the moon what took place in the house.
NJ. p. Benson jaler at Newfane told of
Mrs Smith talking with the respondent
in Mrs. Smiths room in the hotel where
the Jail is located last Friday night and
last Sunday night, the states purpose
being to show that they had opportunity
to frame up story.
The last witness for the state, and an
important witness, was Miss Ethel Mil
lington of BIattleboro, stenographer for
II. G.. & f. + Barber. She testified that
after the shooting she accompanied the
states attorney to West Wardsboro and
took notes Of the statements made by
Smith in response to questions by Mr.
Barber and she read the notes. They
embodied the same story as told by other
witnesses about Smith coming home late
at night and finding Mundell with Mrs.
Smith, also a story told by Smith that
he had advertised an auction sale of his
property and that he and his wife in
tended to travel divergent paths after
the sale Smith said he suspected some
thing wrong between his wife and Mum
dell and planned a trap for them. He
left a few days before the shooting, TAX
ing large quantity of maple syrup to
sell in different places. He said he tele-
phoned home that he would be back Fri
day or Saturday, but instead came early
Thursday morning, before daylight. At
this point the state rested.
The defense called Martin Johnson of
West Wardsboro, storekeeper who said
Smith was a peaceable man and not
given to making trouble. w. ]. Dawson
testified to the same effect. Charles
Styles of Stratton, Smiths uncle, also
testified in substance that Smith was a
peaceable and law-abiding man. styles
testified about Mrs Smith running away
with Ernest Leno of Wardsboro last Au
gust with Smiths horse. Leno worked
at Smiths a short time while Smith was
N Y, and Mrs. Smith was with him
then. Styles was cross examined by At
torney General Sargent as to what his
idea of a peaceable man was, and 1t was
brought out that Styles not long ago was
arrested for his participation in a shoot
ing affair and paid fine.
DR.. G. NJ Dillingham; of Roxbury, n.
H., testified about Mr.. and Mrs. Smith
working for him a few years ago and
said Smith was sober, peaceable and in
| dustrious. Samuel Bemis of Harrisville,
n. H.. knew Smith to be an industrious
man of good reputation. Frank Smonds
of Gresham, N H.. said he came to do
what he could for Smith. He related the
story of what took place at the house
as told him by Mrs Smith in the Jail
being substantially as told by other wit
nesses. Leon Bills of Jamaica told about
Mundell and Mrs. Smith being at his
house several hours the day before the
| shooting.
Mrs. Addie c. Smith of Marlboro. N
H., mother Of the respondent. testified
yesterday morning about the respond
ent's early life, saying that he left home
| to go to work at the age of 10. He was
quiet and industrious She said he was
troubled with rheumatism. Harry G.
| Wilbur OF Wardsboro told of seeing Mrs
Smith and Mundell in the hotel there
April &C. Deputy Sheriff Fits told about
the escapade of Mrs Smith and Leno
and during his testimony the respondent
broke down and cried. Mr.. Fits re-
garded the respondent as being indus
trious and OF good reputation. Albert C
| Robinson, a Wardsboro blacksmith, sale
Smith was peaceable, but on cross ex
animation by Mr.. Sargent he admitted
that while passing the Smith house one
night he hard an cutlery and on looking