The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-11-08
FOSTER GIVES IN
DETAIL STORY OF
HALIFAX HOMICIDE

asked tie witness if Foster made
those statements. The witness replied
that he did. They were:
He struck me on the eye and
knocked me down / drew my gun
ara fired at him and ! saw the poor
man fall over backwards;' also, - |
picked myself up and hurried into the
| house and told my housekeeper for
God 5 sake to go and see if she could
save that poor man S life.
Attorney w. r. Daley for the re
spondent. on cross examination asked
the witness if he had published all
/ that Foster said during the interview
/ aud the witness said that he had not
/ The witness said that Orrin B. Hughes
an attorney and a newspaper CORE
spondent, and Police Chief George
Wilson were present at the interview.
:. You do not mean to say that this
interview was published exactly as
/ Mr.. Foster gave it, do you?'' asked
: Mr. Daley. The witness replied that
/ in part it was verbatim. He said, in
ireply to questions, that Foster ap-
/ peare3 much excited and that he had
inquired after the interview whether
1 BSIPf WAS Il uIlnklHG man.
State 5 Attorney Piper began his
argument at $40 0 clock and conclud-
cd in one hour He argued that there
were two questions to be decided; the
first, whether the shooting was iusti
fed and if that We're not the case,
whether il was with malice afore-
thought. There was no question but
hat Prouty met his death By a bullet
! "a,
only question was whether the shoot
ing was a lawful act as defined by
self defense in the statutes. He point
Ell out that only two persons can tell
exactly what happened there-the re
spondent and Mrs. Cumming his
housckeeper. The Jury. he said, had
heard them both impeaeh the testi-
monv OF other witnesses and had heard
their testimony impeached.
He then launched into 4 comparison
of the testimony Of Foster as against
that OF 4 other witnesses, declaring
that the respondent would have the
iurr believe that. he was the greatest
example Of Christian fortitude ever
known If his story was to be be
leved, in that the testimony showed
that he had never replied to the vile
names and epithets Prouty had called
him Referring to the testimony of
Mrs. Cumming, lie picked from her
story n statement to the effect that
She had asked Foster why he was al
WAYS sassing Proutv. lie ridiculed
the idea that 4 man who on his owl
testimony was an expert marksman
: and had been practicing with a revol
yer for 20 or - years could say that
-
at close change and hit hin
in the head. Taking a yard stick h,
i demonstrated what the positions of tn,
men must have been to fit with exper
testimony that the weapon must hav,
:, been at least three feet away from
; Proutv S head to have avoided powdc
marks 4 man who was continually
: practicing with a revolver must eithe
be insane or bad man and there wa
no claim Of insanity.
Mr.. Piper was interrupted on tw
occasions during his argument by At
torney Jones and exceptions to hi
: line of argument were noted by tn
D defense At one time, when the at
J. torncys for both sides were discussin
the reason for interruption, the cour
: ordered that they cease debate an
- IN dlt the dIIlttIlilt VI tHt OlllA 70
r stenographcr, who was absent from tn
: room at the time, to take the obie,
s, ton.
Is Mr.. Jones began his argument {
If 1880 and based it entirely on tn
= theory Of self defense, declaring tha
7 there was nothing in the evidence t
show that Foster was off his ow
: property or that he was not acting
II ] L. l. II hn p
&c spondent as one who had restraine
Ell. himself in the face Of villifcation b
IN vond what is natural in the ayerae
man; pointed out that there was l
If evidence to show but that he had &C
he ed as a gentleman in passing the hon
no Of Proutv. in contrast to Prouty's 9
nj legged demeanor towards the respOn
O.. ent, and argued that il Foster is Il
If expert marksman it is claimed that
. is and had been anxious to kill Prout
y he would never have done it in b
~ own doorvard and would never ha'
" ridden hastily to an officer to gi'
u =, himself up and done everything pc
. sible. after being in the custody of ;
alf officer, to send aid and succor to t
st, widow and fatherless children
me Prouty.
or Referring to Foster 5 alleged skin
on. marksman. he pointed out to I
If Jury that there was no evidence
,1o show but that Foster fred the fat
~ shot after he had been hit on the e
~ and. according to the testimony of t
ab- physicians. had slight concussion
cd. the brain. He pointed out that
217 Proutv had gone along to his no
. there would have been no trouble q
that Proutv's cap was found on F
ter s property.
son I'm conclusion he declared that if I
Or iurv found verdict for manslaugh
for they must forever wipe from the st
ess. utes the plea of self defense.