Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-02-29
LAST DAY OF TRIAL.
(From Thursdays Daily Edition

(FrOm thursdays Daily Edition.)
Matthew Carlyle. charged with the
murder of Andrew G. Fox AZ Fort
Ethan Allen on October 10th, 1911. did not
learn his fate last night. although the
case went to the jury at i:3o o'clock
yesterday afternoon. At ten o'clock last
evening the foreman OF the jury no,i-
fled United States Marshal Bailey that
no verdict would he returned and Judge
Martin retired to his hotel. Up to the
lime of making this announcement, the
Jury had been deliberating nearly five
hours on Carlyles case and had come in
)nce for further instructions. Just
What was holding mp the verdict could
IF course not be learned. but 1t was
rumorcd that two or three OF the jury
men We're holding out against capital
punishment.
Carlyle's case went to the jury follow
ng "A speedy trial in which great
many witnesses were examined. The
summing up In the case began shortly
after two o'clock Yesterday afternoon
md the case was in the hands of the
Jury little more than two hours later
INSANITY THE DEFENSE
A feature of the trial Yesterday was
he defense offered for the respondent
~ Sherman r. Moulton and Joseph r.
;tearns.
When Mr.. MoultOn and Mr.. Stearna
revealed their line of defense they did
more than thrust forward suddenly IL
'ery cleverly woven insanity plea for the
respondent. They revealed a romance,
he actors of which were in court, and
inwound a remarkable life history Of Il
amily.
Almost before the spectators knew
Hhat was happening. very interesting
story was being unfoded out of what
sad hitherto been very ordinary muir
Ter case. The Carlyle case suddenly
look on human interest features which
we're closely followed to the end, and
sut of it the young attorneys for Car
yle obtained a very plausible ground
work upon which TO base the claim that
carlyle was mentally irresponsible when
oe killed Trooper Fox
II was shown that Carlyle's ancestors
direct line had been violently in
mne To show this. the attorneys for
he defense went back to slavery days
md brought out testimony concerning
,arlyle's grandfather and grandmother,
10Th on his fathers and his mother S
ude. Testimony was given showing that
Carlyles grandfather Oh his mother 8
hde had been a raving maniac and that
L had been necessary TO keen him chani'
sd to an iron post in Il ROOM unclothed
,or the most part. because he could be
restrained in no other way. The testi-
nony further showed that Carlyle 4
Grandfather and grandmother on his
fathers side were violently insane and
m aunt on his fathers side who were
mentally unbalanced,
HUMAN INTEREST FEATl RES,
The witnesses who were called tt
prove that Carlyle was insane wher
lie shot Fox also brought out the hear
interest side OF the case. 1t develop
ID that Carivle's mother and father
who we're divorced twenty years ago
' had been brought face to face agar
in the federal courtroom ana tina
-arlyle's stcp-mother, who is hi'
fathers second wife, was also in thu
courtroom This testimony devclope,
quickly and II aroused the interest o
he spectators with equal rapidity
-arlyle's former sweethcar. was als'
in court
The line OF defense which Carlyl
was to offer had been very nicely con
cealed by Attorneys Moulton ant
ytearns until shortly before noon yes
terday 1t had been rumored that tn
defense would be insanity. but thi
was not verified by Carlyle's attor
neys. The insanity line of defens
was placed before the jury by Attor
ney Moulton suddenly and with eX
cellent effect Attorney Moulton ha
evidently prepared surprise for Ia
prosecution and the witnesses he pro
iucsd not only proved I" be yery goo
,nes for the respondent but they ais
Drought several elements OF tru
human interest into what had pre-
vi0usly been very ordinary trial
The first witness placed ON III
stand by Mr.. Moulton to prove tina
his client was insane was Malild
IToilback, a colored girl from Winoo
ski She was Carlylc's sweetheart -
lContiuued on page o.