Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-11-13
PROUTY'S DEATH
INSTANTANEOUS
DIR. {. +. Whitney Testifies That
Victim of Bullet Could Not
Walk after Being Shot.

BrattlebOro, Nov. G.---The State rested
in the trial OF Lou A. Foster OF Halifax,
now on trial In county court at New
fame. charged with shooting and killing
Ossie Elmer Prouty Of that town on Oc-
tober 10, and the defense put on numer-
Gus witnesses this afternoon in the effort
afraid Of Prouty by reason OF threats
that had been made by the respondent
Mrs. Minerva Bliss, State witness, was
called by the detensc. She testified tina {
Foster often practiced with n revolver
and was good shot with either hand
Charles Lynde testified that Proutv had
once asked him to 40 with him and help
tar and feather Foster and drive him
out Of town and that Prouty said that
the law was the only thing that kent
Foster on eartn Other Witnessed tcstl-
fed in similar vein.
The case dragged IN county court this
morning. few witnesses being examined
and little testimony Of interest being
brought out. The principal feature of the
morning session was the reading by
Miss clarion Simonjs of Brattleboro,
who was the stcnographer before the
grand jury which Indicted Foster, of tes-
timonv given before the grand jury by
Mrs. Mabel Cumming. who was Fosters
housekeeper at tho time Ossic proutv
was shot and killed The reading of
this testimony was for the purpose of
mpeachine the testimony OF Mrs Gum
ming offered since Fosters trial began.
SAW PROUTY PASS
stephen Mcrrlfeld Of Halifax vas the
first witness to-day. He worked for
Foster the week before the shooting an!
on the day of the sh0ouDE. lie vas in
the potato field bnck OF the barn on
that day. He said M saw Frouty drive
past on the way to lvarren's mil about
$3.50 O'Clock but did rot see him stop He
did not hear any talk between Foster
and Prouty. The witness did no, re-
member saying before the grand jury
that he would have been able to see
gun on Foster II he had one. He adj
mitted that he talked last night with
Fosters counsel, and wanted to change
some of the testimony that he gave be-
fore the grand jury.
Cross-examlned by Attorney Gibson.
Mr. Mortified said that Foster came in
to the field and talked to him after
Prouty had gone past and that Foster
did not have a black eye at that time
lie also said that Foster mentioned hay
ing some trouble with Prouty.
Mrs. Prouty. wife of Osse Proutv. was
next called. She was asked but two cues
tons, and there was no cross-examina-
ton. Her testimony was to the effect that
her dog was good with children and
would not chase cattle unless he was set
upon them.
DR. Charles T. whitney of burlington.
who assisted DR.. Stone in performing the
autopsy on ProutY, testified that in his
opinion Proutys death was instantaneous
and that he never could have walked
after receiving the wound. He corro-
borated DR.. Stone In regard to the alb
sence of powder marks on Prouty's face.
BULLETS COURSE UPWARD.
Attorney Jones cross-examined DR..
Whitney. The witness said that the bullet
made no mark on the inside of the back
part of Prouty's skull. The bullet was
found in the lower part of the skull, and
had fallen through the soft
tissues, as its course on entering the skull
was upward
Mrs Cumming was recalled and was OK
hIliINu at LtilHtH uN -htlOTntN-oTSnt raj
Brown in regard to her testimony at the
inquest Much of the testimony she gave
at that time she either denied absolutely
Or was unable to recollect She denied
saying that Foster went out and had a
tight with ProutY and was emphatic in
denying that she ever said she was
afraid Foster would shoot her and Law
the blame for the whole affair on her
shoulders.
At this point the State was ready to
recall DR.. George r. Anderson OF Brat |
lleboro, but as Or. Anderson had not ar |
rived a recess was taken at 100 until
100. large number of witnesses have |
been summoned for the defense. The de-
lenses witnesses are summoned by the |
state or the declaration of the respondent
that he has not sufficient funds to ray
The expense himself At the beginning of |
the trial Judge Daley and Judge Gibson |
asked to be assigned &c counsel at The |
expense OF the state, but the court de- !
,lined to grant the request. Among |
hose present to testify for the defense
are Col kittredge Hasllins and Charles !
Colt of Brattlcboro. besides rlany :esi-
Tents of Halifax