The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-12-19
ORSON T|NK H A N
TELLS HIS STORY
Of SHOOTING
Highwayman's Victim Identifies
AssaiIant in Court
MADE DEMAND FOR MONEY
Says First Bullet From Footpad's
Revolver Made the Serious
Wound.

Orson Tinkham was the principal
of the seven witnesses to be put on
the stand in the trial of Frank Cmell,
the Hungarian gypsy, in county court
this morning.
DR.. c. S. Buchanan, who was
called to attend the wounded farmer,
first took the stand and proceeded to
give an account of the extent of
Tinkham's injuries. He testified that
he and Dr. F. j. Hurley were the
physicians who examined Tinkham at
the Harmon home on the night of
Oct II, directly after the shooting
and that the examination disclosed
bullet wound in the neck which pene-
trated to his cheek and also another
bullet wound in the left groin, and
that the wounds were caused by a 80
calibre bullet. He gave brief ac-
count of the subsequent events, the
trip to the Samaritan hospital, Troy,
where the injured man was operated
on by DR.. ]. p, Marsh and produced
bullet which was taken from the
body of Tinkham during the opera
tlOU, at MUlEn Ht, III. was
present He also produced another
bullet, which he said was given to
him later by Mr.. Harmon and which
tailed with the bullet taken from
Mr.. Tinkham's body. He said Mr..
Tinknam was now in weakened
condition, and although he would re-
cover his normal health in his opin-
ion he would probably never regain
his former strength.
When cross EXAMINED by G. NJ.
Graves, counsel for ne defense, Or.
Buchanan said that from the loca-
ton of the wounds. the bullets were
fired from the left of the injured man
and slightly from below.
Orson Tinkham followed giving
full story of the shooting as he recol-
lected it. He said he lived between
Bennington and South SALISBURY
and that on the afternoon of Oct. II,
he left this village for home about
$3.50 o'clock He was driving and
took the main road past the Sol
diers home and when he came to the
railroad crossing just beyond, he
met what he saw to be the wagon OF
the Singer Sewing Machine Co. lie
also met William Robinson, who was
driving toward Bennington midway
between the electric road crossing
and the railroad crossing. When he
got to what is known as Clarke's
woods, man stepped out and said
whoa" Mr.. Tinkham stopped his
horse and the man asked for a ride.
Tinkham refused, saying II don't
know about that" and urged his
horse forward. At this, ;he stranger
sliced the reins and said in fairly
good English Give me the mon"
Tinkham made no effort to produce
any money and tried to start his
horse, whereupon the man drew
dark object over his face and fired.
Tinkham was standing up in the
wagon and the first bullet hit him IN
the abdomen, the second in the
cheek. BY this time the horse had
started and the witness heard a third
shot from behind after he had got
short distance away. This went
wild.
The witness said he drove on into
the yard of Leon Percy. but finding
no one at home, he called for help to
a man. whom he saw in the barn
carrying a lantern. The man came
to his assistance and he remembered
being carried to the Harmon house
on a board, where the two doctors
attended him. He is still under ;he
doctors care, and has been out of
the hospital for three weeks. He
gave a fairly clear description of the
man who fired the Shots Because of
the darkness. it was difficult for him
to distinguish his clothing, out as he
recollected II, he wore dark clothes.
was short and smooth faced and
had on a hat or cap. About the
latter. he could not say definitely. He
said he wore some dark object
around his neck and the coat was
buttoned closely. The garment
about his neck might have been a
loose collared sweater. He had a
good opportunity to see the mans
face before he drew the object over
the lower part of IT, His voice par
ticularly impressed him and he said
his English was fairly good. He
pointed to the prisoner as the man
who shot at him and whom he iden-
titled in the Samaritan hospital the
day after the shooting.
4lichard Hurley, a police officer,
was the next witness. He testified
that on the afternoon Of Oct. IL,
about Sis he left the A. X. Ritchie
store to deliver goods and stopped
at the Soldiers home 20 deliver a
bundle, then going on to the Country
club. where he also stopped. When
asked II he had met anyone on the
road. the witness said he met a man
between the Meechole bridge and the
trolley crossing and recognized him
as the same man he had noticed the
/ niRhf hafnra In Waiann,a lrtnrh carI